Rules
§ 1
Introductory provisions
1. GoTTa's online store, available at the www.gotta24.pl web address, is run by Justyna Grzywińska conducting business activity under the name GoTTa Justyna Grzywińska, entered into the Central Registration and Information on Economic Activity (CEIDG) kept by the minister competent for the economy, NIP 739 281 34 04, REGON 362740400.
2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and specify the rules for using the Online Shop as well as the rules and procedures for concluding Distance Sales Agreements with the Customer via the Shop.
§ 2
Definitions
1. Consumer - a natural person concluding an agreement with the Seller within the Shop, the subject of which is not directly related to their business or professional activity.
2. Seller - a natural person conducting business activity under the name of GoTTa, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for the economy, NIP 739 281 34 04, REGON 362740400.
3. Customer - any entity making purchases through the Store.
4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing business activity on its own behalf that uses the Store.
5. Shop - an online store run by the Seller at the www.gotta24.pl
6. Distance Agreement - an agreement concluded with the Client as part of an organized system of concluding contracts at a distance (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of concluding the agreement.
7. Terms and Conditions - these Terms and Conditions of the Store.
8. Order - a declaration of intent of the Customer submitted by means of the Order Form and aimed directly at concluding a Product or Products Sale Agreement with the Seller.
9. Account - the customer's account in the Shop, where the data provided by the Customer and information about the Orders placed by him in the Shop are collected.
10. Registration Form - a form available in the Store, enabling the creation of an Account.
11. Order Form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and specifying the terms and conditions of the Sales Agreement, including the method of delivery and payment.
12. Shopping Cart – an element of the Shop's software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the number of products.
13. Product - a movable item/service available in the Shop, which is the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement - a contract for the sale of a Product concluded or concluded between the Customer and the Seller via the Online Shop. The Contract of Sale shall also be understood as a contract for the provision of services and a contract for specific work, as applied to the features of the Product.
§ 3
Contact the Store
1. Seller's address: 11-010 Barczewo, 28 Grunwaldzka Street, apt 2
2. Seller's e-mail address: biuro@gotta24.pl.
3. Seller's phone number: +48 660 135 305
4. Seller's bank account number:
PeKaO o/Olsztyn 59 1950 0001 2006 0067 4997 0002
5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
6. The Customer can communicate with the Seller by phone between 9:00 a.m. and 5:00 p.m.
§ 4
Technical requirements
In order to use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:
a. an end device with access to the Internet and Internet Explorer (min. version 10), Mozilla Firefox (min. version 55), Google Chrome (min. version 60),
b. an active e-mail account,
c. enabled use of cookies,
§ 5
Overview
a. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
b. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
3. The prices given in the Shop are given in Polish zlotys and are gross prices (including VAT).
4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal service charges), of which the Customer is informed on the Store's website when placing the Order, including at the time of expressing the will to be bound by the Sales Agreement.
5. If the nature of the subject matter of the Agreement does not allow, in a reasonable assessment, to calculate the final price in advance, information about the method of calculating the price, as well as about the fees for transport, delivery, postal services and other costs, will be provided in the Store in the description of the Product.
§ 6
Creating an Account in the Store
1. To create an Account in the Shop, you need to fill in the Registration Form. It is necessary to provide the following data: name and surname/ company name/ address/ postal code/ city/ tax identification number (NIP) in the case of a company/ e-mail address/ login/ login password.
2. Creating an Account in the Shop is free of charge.
3. Logging in to the Account takes place by providing the login and password established in the Registration Form.
4. The Client has the right to delete the Account at any time, without giving a reason and without incurring any fees on this account, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses specified in § 3.
§ 7
Rules for placing an Order
In order to place an Order, you must:
1. log in to the Store (optional);
2. select the Product that is the subject of the Order and then click the "Add to Cart" button (or equivalent);
3. log in or use the option to place an Order without registration;
4. if you have chosen the option of placing an Order without registration - fill in the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if they are different from the data of the recipient of the Order,
5. click on the "Order and pay" button, which is tantamount to concluding a purchase and sale agreement.
6. choose one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8 point 3.
§ 8
Delivery and payment methods offered
1. The Customer may use the following methods of delivery or collection of the ordered Product:
a. Postal Delivery, Cash on Delivery Post,
b. Courier delivery, cash on delivery courier delivery,
c. Personal collection available at: 11-010 Barczewo, Grunwaldzka 28 lok.2
2. The Client may use the following payment methods:
a. Cash on delivery
b. Cash on delivery
c. Payment by bank transfer to the Seller's account
d. Electronic payments – fast payment supported by Przelewy24.pl
e. Payment by credit card – fast payment supported by Przelewy24.pl.
3. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website in the delivery tab.
§ 9
Performance of the sales contract
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Shop in accordance with § 7 of the Terms and Conditions.
2. After placing an Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided during the order placement, which contains at least the Seller's statements about the receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement.
3. If the Client chooses:
a. payments by bank transfer, electronic payments or payment by credit card, The Customer is obliged to make the payment within 3 calendar days from the date of concluding the Sales Agreement - otherwise the order will be cancelled.
b. cash on delivery payment upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
c. payment in cash upon personal collection of the parcel, The Client is obliged to make the payment upon receipt of the parcel within 3 days from the date of receipt of the information about the readiness of the parcel for collection.
4. If the Customer has chosen a delivery method other than personal collection, the Product will be shipped by the Seller on the date indicated in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
5. In the case of ordering Products with different delivery dates, the Customer has the option to request the delivery of the Products in parts or the delivery of all Products after completing the entire order.
6. The beginning of the delivery period of the Product to the Customer is calculated as follows:
a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from crediting the Seller's bank account.
b. If the Customer chooses the method of payment on delivery – from the date of concluding the Sales Agreement,
7. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed about the readiness of the Product for collection by the Seller by sending an appropriate e-mail to the Customer's e-mail address provided during the Order.
8. In the case of ordering Products with different dates of readiness for collection, the Customer has the option of collecting the Products in parts (according to their readiness for collection) or collecting all Products after completing the entire order.
9. The beginning of the period of readiness of the Product for collection by the Customer is calculated as follows:
a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
b. If the Customer chooses the method of cash collection – from the date of concluding the Sales Agreement.
10. Delivery of the Product takes place only in Polish.
11. Personal collection of the Product by the Customer is free of charge.
§ 10
Right of withdrawal
1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The time limit specified in paragraph 1 shall begin to run from the delivery of the Product to the Consumer or a person other than the carrier indicated by the Consumer.
3. In the case of a Contract which includes multiple Products which are delivered separately, in batches or in parts, the time limit indicated in paragraph 1 shall run from the delivery of the last item, lot or part.
4. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. In order to meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of this period.
5. The statement may be sent by traditional mail or electronically by sending the statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the APPENDIX 1 form, the template of which is attached to these Regulations and to the Act of 30 May 2014 on Consumer Rights, but it is not mandatory.
6. If the Consumer sends the statement electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.
7. Consequences of withdrawal from the Agreement:
a. In the event of withdrawal from the Distance Agreement, the Agreement shall be deemed not to have been concluded.
b. In the event of withdrawal from the Agreement, the Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, return to the Consumer all payments made by the Consumer, including the costs of delivery of the item at the time of return, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method offered by the Seller.
c. The Seller will refund the payment using the same payment methods used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for the Consumer.
d. The Seller may withhold payment until the complete Product is returned or until proof of return is provided to the Seller, whichever occurs first.
e. The Consumer should send the Product back to the Seller's address specified in these Terms and Conditions immediately, no later than 14 days from the date on which they informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the expiry of the 14-day period.
f. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be sent back by post in the usual way.
g. The Consumer is only liable for any reduction in the value of the Product resulting from the use of the Product other than was necessary to determine the nature, characteristics and functioning of the Product.
8. If, due to the nature of the Product, it cannot be sent back in the usual way by post, information about this, as well as the costs of returning the Product, will be included in the description of the Product in the Store.
9. The Consumer does not have the right to withdraw from a distance contract in relation to the Agreement:
a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to meet his individualized needs,
b. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery,
c. in which the subject of the service is an item that is perishable quickly or has a short shelf life,
d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who has been informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the Agreement,
e. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the withdrawal period,
f. in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other things,
g. in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations on the market, over which the Seller has no control,
h. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery,
i. for the provision of newspapers, periodicals or periodicals, with the exception of a subscription contract,
j. for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the deadline for withdrawal from the agreement and after the Seller informed him about the loss of the right to withdraw from the Agreement,
§ 11
Complaint & Warranty
1. The Contract of Sale covers new and used Products. On the pages of the Store, the condition of each used Product is described in detail and photographed.
2. The Seller is obliged to provide the Customer with an item free from hidden defects.
3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to complain based on the provisions on warranty in the Civil Code in the case of NEW articles, while in the case of articles with traces of use (post-exhibition) it is 12 months in accordance with (Article 568 of the Civil Code § 1 in fine).
4. A complaint should be submitted in writing or electronically to the addresses of the Seller specified in these Terms and Conditions or using the electronic complaint form APPENDIX 2, the template of which is attached hereto.
5. It is recommended to include, m.in, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer's request in connection with the defect in the goods.
6. The Seller shall respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it shall be deemed that the Customer's request is justified.
7. Goods sent back as part of the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions.
8. If a warranty has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.
§ 12
Out-of-court complaint handling and redress procedures
1. Detailed information on the possibility for the Consumer to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition Protection and Consumers:
http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following exemplary options for using out-of-court complaint and redress procedures:
a. The Consumer is entitled to apply to the permanent consumer arbitration court referred to in Article 37 of the Trade Inspection Act of 15 December 2000 (Journal of Laws of 2014, item 148, as amended) to settle a dispute arising from the Agreement concluded with the Seller.
b. The Consumer is entitled to apply to the Provincial Inspector of the Trade Inspection, in accordance with Article 36 of the Trade Inspection Act of 15 December 2000 (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings to amicably settle the dispute between the Consumer and the Seller.
c. The Consumer may obtain free assistance in resolving a dispute between the Consumer and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (m.in. Consumer Federation, Association of Polish Consumers).
§ 13
Personal data in the Online Shop
1. The administrator of the Customers' personal data collected through the Online Shop is the Seller - GOTTA Justyna Grzywińska at 28/2 Grunwaldzka Street; 11-010 Barczewo registered in the Central Register and Information on Economic Activity (CEIDG), kept by the Minister competent for the Economy, NIP 739-281-34-04, REGON 362740400.
2. Customers' personal data collected by the administrator through the Online Shop are collected for the purpose of performing the Sales Agreement, and if the Customer agrees to it - also for marketing purposes.
3. The recipients of the personal data of the Customers of the Online Shop may be:
a. in the case of a Customer who uses the method of delivery by post or courier in the Online Shop, the Administrator makes the collected personal data of the Customer available to a selected carrier or an intermediary carrying out shipments on behalf of the Administrator, i.e.:
- Sendit S.A.'s shipping platform, 2B Wagonowa Street; 53-609 Wrocław; NIP 779-24-28-503; REGON 360804366; KRS 0000552519
- selected operators, such as DPS, UPS, GLS, Fedex, Poczta Polska Express 24, Poczta Polska Kurier 48, InPost, TNT, DHL (as well as their subcontractors)
b. in the case of a Customer who uses electronic payments or a payment card in the Online Shop, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Shop, i.e.:
- Transfer 24.pl – DialCom24 Sp z o.o. Group; 15 Kancelarska Street; 60-327 Poznań; NIP 781-173-38-52; Regon 634509164 and the Settlement Agency – PayPro SA, which runs the authorization and settlement system: 15 Kancelarsk Street; 60-327 Poznań; Tax Identification Number (NIP) 779-236-98-87; Regon 301345068 on the basis of the decision of the President of the National Bank of Poland No. 1/2011 of 1.04.2011 and provides payment services as a domestic payment institution on the basis of the decision of the Polish Financial Supervision Authority of 10.06.2014, entered into the register of payment services together with DialCom24 Sp. z o.o. - Payment Agent - under the number IP24/2014 (available on the https://erup.knf.gov.pl/View/). The activity of PayPro SA as a National Payment Institution is subject to the supervision of the Polish Financial Supervision Authority.
4. The Client has the right to access their data and correct them.
5. Providing personal data is voluntary, however, failure to provide the personal data necessary to conclude the Sales Agreement indicated in the Terms and Conditions results in the inability to conclude the Sales Agreement.
§ 14
Final provisions
1. Contracts concluded through the Online Shop are concluded in Polish.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e. changes in the law, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer about any change at least 7 days in advance.
3. In matters not regulated herein, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Services by Electronic Means; Consumer Rights Act, Personal Data Protection Act.
4. The Client has the right to use out-of-court methods of handling complaints and pursuing claims. To this end, they may lodge a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
RETURN FORM
COMPLAINT FORM