§ 1 Glossary of definitions found in the Regulations:
Customer – is a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who makes an Order from the Store and enters into a contract of sale of goods with the Seller;
Seller – Cezary Łata, conducting business under the name:
GCG GROUPE Spółka z o.o., registered under NIP 9222881678 in the Central Register and Information on Business Activity, based at Al. Stanów Zjednoczonych 32/258, 03-947 Warsaw;
Terms and Conditions – these Regulations for the provision of electronic services in the online store www.gcg-groupe.pl
Privacy Policy – a document containing detailed information on Customers’ personal data and detailed information on how personal data is processed;
Online Store (hereinafter referred to as “Store”) – Internet service available at www.gcg-groupe.pl through which the Customer may place Orders;
Merchandise – actual products found in the Store;
Registration form – a form available in the Store that allows creating an Account;
Sales Contract – a contract for the sale of Goods within the meaning of the Civil Code, concluded between Cezary Lata, conducting business under the name GCG GROUPE Spółka z o.o. with its registered office at Al. Stanów Zjednoczonych 32/258, 03-947 Warsaw, and the Customer, concluded using the Store’s website;
Business day – one day from Monday to Friday excluding public holidays;
Shopping Cart – is a functionality of the Store that allows the Customer to complete orders of Products. Adding a Product to the list of Products included in the order is done by using the “To Cart” button, located next to the Product in the Shop’s website area.
Consumer Rights Act – the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827);
Act on Provision of Electronic Services – the Act of July 18, 2002 on Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended);
Customer Account – is a panel for managing Customer orders, available in the Store area, subject to Registration and Login.
Order – a declaration of will of the Customer, aiming directly at the conclusion of a Sales Agreement, specifying in particular the type and number of Goods.
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§ 2 General terms and conditions of the Terms and Conditions and rules for the use of the online store
2.1 The entity operating the Store is Cezary Łata, doing business under the name GCG GROUPE Spółka z o.o., registered under NIP 9222881678 in the Central Register and Information on Business Activity.
Address data:
GCG Groupe Sp. z o.o.
Białego Dębu 1/4
02-757 Warsaw
NIP: 922-288-16-78
REGON: 060194115
biuro@gcg-groupe.pl
Address for correspondence:
GCG GROUPE Ltd.
Kotłowo 4
76-039 Biesiekierz
2.2 The Regulations is a document referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services and sets out the rules for the use of the online store available at www.gcg-groupe.pl.
2.3 The Regulations in question define in particular:
conditions for concluding sales contracts using the services provided by the Store,
principles of complaint and withdrawal from the contract,
methods of dispute resolution.
2.4 The basic condition for starting to use the Online Store is the registration of the Customer. Registration takes place by completing and accepting the registration form, located on the Store website.
In order to register, the Customer agrees to the content of the Terms and Conditions and to provide personal data marked as mandatory.
2.5 All goods offered in the online store are brand new, free from physical and legal defects, and have been legally introduced into the Polish market. Each purchased goods is accompanied by a proof of purchase.
The customer has the option to download the invoice.
2.6 The online store can be used only by persons who are at least 18 years old. Persons who are under 18 years of age can use the online store with the consent of their parents or legal guardians. Provision of all services is made through the Store’s website 24 hours a day and 7 days a week.
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§ 3 Mode of use and registration
3.1 Customer orders are managed through a Customer Account. The use of the Customer Account is possible after its creation, using the appropriate login and password. In order to use the Customer Account it is required to log in using the password.
3.2 A Customer Account is created by registration, consisting of filling in and sending to the Seller a registration form, which is made available in the area of the Store’s website.
3.3 Completion of the registration form consists in filling in all mandatory and possibly optional fields of the form, using true, complete and concerning Customer data, in particular Customer Contact Data.
3.4 Before sending the registration form, the Customer shall, by checking its appropriate box, declare that he/she has read the Regulations and accepts its provisions.
3.5 Before sending the registration form, by checking the appropriate box of the registration form, the Customer may voluntarily declare that he/she agrees to the processing of his/her personal data provided in the registration form for marketing purposes by entities cooperating with the Seller.
3.6 The statement referred to in item. 3.5., includes confirmation by the Customer that he/she has been informed of the content of this provision: the indicated marketing purposes may include, in particular, the sending of commercial information by entities cooperating with the Seller using the Customer’s Contact Data. The consent referred to in the above point may be withdrawn at any time, and the Customer has the right to access his/her personal data and correct them. Submission of the registration form consists in sending it to the Seller through the Store, using the appropriate functionality, located in the area of the registration form.
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§ 4 Prices, method and date of payment
4.1 Prices on the website of the online store given in Polish zloty are gross prices, including VAT.
4.2 To the price of goods is added the cost of shipping, the amount of which depends on the selected form of delivery and payment.
4.3 The price shown on the site at the time of ordering is the final price, binding on the parties to the contract. Once the order is placed, the price of the ordered goods will not change, regardless of price changes introduced or promotional or sales actions launched.
4.4 The customer may pay for the ordered goods by the following forms of payment:
[a) payment via PayU
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§ 5 Method of Delivery of Goods
5.1 Orders for Goods can be placed via the Store’s website 7 days a week and 24 hours a day, using the Basket function. After completing the order list of Products, in the Basket area, the Customer proceeds to the order processing.
5.2 If the Customer is a logged-in Customer Account holder, he/she proceeds to the next stage of order placement as a logged-in Customer. In case the Customer is not a logged-in Customer Account holder, the Customer chooses how to place an order by using the form:
“Create Account”, using the Customer Account to be registered. In this situation, the Customer registers the Customer Account and, using it, proceeds to the next stage of ordering.
“Quick Purchase”, bypassing the use of the Customer Account. The Customer then proceeds to the next stage of order placement.
“Log in”, using the Customer Account held. Then the Customer proceeds to the next stage of order placement.
5.3 After selecting the method of placing an order, the Customer shall provide:
Billing information in order to issue an invoice,
Delivery information, including the address of Delivery,
Method of Delivery of the Products, by selecting the appropriate Delivery option,
Method of Payment, by selecting the appropriate payment option.
5.4 Placement of an order shall be preceded by receipt by the Customer, through the display in the Cart area, of information on the total price for the order, including taxes and related costs, in particular Delivery and payment costs.
5.5 Placing an order may be done by using the “I buy and pay” field in the Shopping Cart, and is tantamount to the Customer making an offer to the Seller to conclude a Sales Contract for the Products included in the order.
5.6 Before submitting the order form, the Customer should declare that he/she has read the Terms and Conditions and accepts their provisions. Placed order may be changed by the Customer until receipt of information about shipment by the Seller.
5.7 Order modification may include its cancellation, partial cancellation, extension with additional Products, change of delivery address.
5.8 Confirmation of order acceptance shall be made by the Seller sending an e-mail message to the electronic address indicated in the Customer’s Contact Details. Confirmation of order acceptance is tantamount to the Seller’s acceptance of the offer to conclude a Sales Agreement made by the Customer. The Seller will immediately inform the Client about the impossibility of processing the order, in case of circumstances causing it. Provision of this information is made by phone or electronically, using the Customer’s Contact Data.
The information may include the following ways to modify the order:
cancellation in the part that cannot be delivered, which results in a recalculation of the order value,
splitting the Products subject to Delivery into a part whose Delivery is possible and a part whose Delivery will take place at a later date, which does not result in a recalculation of the order value,
cancellation of the order in its entirety, resulting in cancellation of the order value.
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§ 6 The right to withdraw from the contract
6.1 The customer has the right to withdraw from this contract within 14 days without giving any reason ( Article 27 of the Act of May 30, 2014 on consumer rights ( Journal of Laws 2014 item 827). The deadline for withdrawal from the contract expires after 14 days from the day on which you took possession of the item or on which a third party other than the carrier and indicated by you took possession of the item.
6.2 To exercise the right of withdrawal, the customer shall inform the seller of the withdrawal from this contract by declaration. The customer shall make the statement in writing sent by mail or e-mail. Customers may also use the model withdrawal form, but it is not mandatory. In order to comply with the deadline for withdrawal, it is sufficient for the Customer to send information on the exercise of his right of withdrawal before the expiration of the deadline for withdrawal.
Address information:
GCG GROUPE Ltd.
Kotłowo 4
76-039 Biesiekierz biuro@gcg-groupe.pl
phone: 94 318 06 98
6.3 The term expires after 14 days from the day on which the Customer took possession of the item or on which a third party other than the carrier and indicated by the Customer took possession of the item.
In the case of purchase of multiple goods that are delivered separately, the deadline for withdrawal expires after 14 days from the day on which the Customer took possession of the last of the items or on which a third party other than the carrier and indicated by the Customer took possession of the last of the items.
6.4 In the event of withdrawal from this contract, the Seller shall return the payment received for the Goods to the Customer, no later than 14 days from the day on which the Seller was informed about the decision to exercise the right of withdrawal from the concluded sales contract. The Seller shall refund the payment to the bank account number provided by you. The goods returned by the Customer must be new, without any traces of use, should be packaged in a proper way to prevent possible damage during transport.
6.5 A sample form can be found in the returns and withdrawals tab
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§ 7 Goods complaints
7.1 Cezary Łata, conducting business under the name GCG GROUPE
Spółka z o.o., with its registered office at Al. Stanów Zjednoczonych 32/258, 03-947 Warsaw, as a seller shall be liable to the Client being a consumer, for non-compliance of the purchased goods with the sales agreement, within the scope defined by the Act on Special Terms of Consumer Sales. The Customer is obliged to immediately notify the Seller of any irregularities or interruptions in the functioning of the Online Store service.
7.2 Complaints should be sent to the following address: www.gcg-groupe.pl, in writing to the correspondence address: GCG GROUPE Sp. z o.o., Kotłowo 4, 76-039 Biesiekierz using a form, the template of which is an attachment to the Regulations, placed in the area of the Shop’s website.The use of this form is not mandatory. In a complaint, the Customer should provide his/her name, mailing address, type and date of occurrence of irregularities related to the functioning of the Store. The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered. The Seller is obliged to provide the Customer with a product without defects.
7.3 The Seller shall take steps to ensure fully correct operation of the Store, to the extent that results from current technical knowledge, and undertakes to remove within a reasonable time any irregularities reported by the Customers.
7.4 A specimen form can be found in the Returns and Cancellations tab
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§ 8 Terms and conditions of providing electronic services by the Store
8.1 The use of the Store is possible provided that the computer system used by the Customer meets the minimum technical requirements:
Internet Explorer browser version 8.0 or later with support for
ActiveX, JavaScript, cookies,
Mozilla Firefox browser in version 3.0 or later with Java applets, JavaScript and cookies enabled,
Google Chrome browser version 21.0 or later with Java applets, JavaScript and cookies enabled,
minimum screen resolution of 1280×720 pixels.
8.2 In order to ensure the security of Customers and the transmission of data in connection with the services provided as part of the Store, the Seller shall take technical and organizational measures appropriate to the degree of security threat to the services provided, in particular, measures to prevent the acquisition and modification of personal data by unauthorized persons.
8.3 The Customer using the Online Store is obliged in particular to:
not to provide or transmit content prohibited by law;
use the Store in a manner that does not interfere with its operation, in particular by using appropriate software or equipment;
use the Store in a manner consistent with the laws in force in the Republic of Poland and the provisions of the Terms and Conditions.
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§ 9 Out-of-court ways of dealing with complaints and claims, and rules of access to these procedures
9.1 Detailed information on the possibility for a Customer who is a consumer to use out-of-court ways of dealing with complaints and pursuing claims, and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at:
https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
9.2 There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, Warsaw.), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.
9.3 The consumer has the following examples of out-of-court means of handling complaints and pursuing claims: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the Seller’s place of business); and (3) the assistance of a county (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline open on weekdays, from 8:00 a.m. to 6:00 p.m., call charge according to the operator’s tariff).
9.4 At: http://ec.europa.eu/consumers/odra platform for online dispute resolution between consumers and businesses at the EU level (the ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection’s website:
https://www.uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php)
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§ 10 Final provisions
10.1 Information placed on the store’s website does not constitute an offer to conclude a contract under the provisions of the Civil Code. Contracts concluded through the Online Store are concluded in the Polish language.
10.2 The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws; in particular, changes in methods of payment and delivery, to the extent that these changes affect the implementation of the provisions of these Regulations.
10.3 All trademarks, graphic elements and photographs placed on the Store’s website for the presentation of Products are subject to the copyright of their owner (Seller). The Store’s Internet domain, its logos, name and Regulations are the property of copyright and subject to legal protection.
10.4 In matters not covered by these Regulations the generally applicable provisions of Polish law shall apply, in particular: the Act of April 23, 1964 Civil Code (Journal of Laws 1964 No. 16 item 93) ; the Act on Electronic Service Provision of July 18, 2002. (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Special Terms of Consumer Sales and Amendments to the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); and other relevant provisions of generally applicable law.
10.5 These Regulations do not exclude or limit any of the rights of the Customer who is a consumer, to which he is entitled under mandatory provisions of law. In the event of a contradiction between the provisions of these Terms and Conditions and the mandatory provisions of law granting rights to consumers, these provisions shall prevail.
