§ 1 – GENERAL PROVISIONS
The online store www.sklep.gapa.com.pl operates under the rules specified in these Terms and Conditions.
These Terms and Conditions define the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.sklep.gapa.com.pl Store, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.
Every Service User, upon taking steps to use the Electronic Services of the www.sklep.gapa.com.pl Store, is obliged to comply with the provisions of these Terms and Conditions.
In matters not regulated by these Terms and Conditions, the provisions of the following shall apply:
the Act on the provision of electronic services of July 18, 2002,
the Consumer Rights Act of May 30, 2014,
the Act on out-of-court resolution of consumer disputes of September 23, 2016,
the Civil Code Act of April 23, 1964, and other relevant provisions of Polish law.
§ 2 – DEFINITIONS IN THE TERMS AND CONDITIONS
ORDER FORM – a form available on the website www.sklep.gapa.com.pl enabling the placement of an Order.
CUSTOMER – a Service User who intends to conclude or has concluded a Sales Agreement with the Seller.
CONSUMER – a natural person who performs a legal act with an entrepreneur not directly related to their business or professional activity.
ENTREPRENEUR – a natural person, legal person, and organizational unit without legal personality, to whom the law grants legal capacity, conducting business or professional activity on their own behalf.
PRODUCT – a movable item available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
TERMS AND CONDITIONS – these terms and conditions of the Store.
STORE – The Service Provider’s online store operating at www.sklep.gapa.com.pl
SELLER, SERVICE PROVIDER –
SALES AGREEMENT – a Product Sales Agreement concluded between the Customer and the Seller via the Store.
ORDER – a declaration of will by the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.
PRICE – a value expressed in monetary units that the Customer is obliged to pay the Seller for the Product.
§ 3 – INFORMATION REGARDING PRODUCTS AND ORDERING THEM
The www.sklep.gapa.com.pl Store sells Products via the Internet.
Products offered in the Store are new, compliant with the agreement, and have been legally introduced to the Polish market.
Information on the Store’s website does not constitute an offer within the meaning of legal provisions. By placing an Order, the Customer makes an offer to purchase a specific Product under the conditions specified in its description.
The Product Price displayed on the Store’s website is given in Polish Zloty (PLN) and includes all components. The Price does not include delivery costs.
Orders can be placed via the website using the Order Form (www.sklep.gapa.com.pl) – 24 hours a day, all year round.
A condition for the Customer to place an Order in the Store is to read and accept the provisions of these Terms and Conditions when placing the Order.
§ 4 – CONCLUSION OF THE SALES AGREEMENT
To conclude a Sales Agreement, the Customer must first place an Order using the method provided by the Seller, in accordance with § 3 points 5 and 6 of the Terms and Conditions.
After an Order is placed, the Seller immediately confirms its receipt.
The confirmation of Order acceptance, referred to in point 2 of this paragraph, binds the Customer to their Order. Confirmation of Order receipt occurs by sending an e-mail message.
The Order receipt confirmation includes:
confirmation of all essential elements of the Order,
a contract withdrawal form,
these Terms and Conditions, including instructions on the right to withdraw from the contract.
Upon the Customer receiving the e-mail message referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.
§ 5 – PAYMENT METHODS
The Seller provides the following payment methods:
traditional bank transfer to the Seller’s bank account,
payment via an electronic payment system.
For traditional bank transfers, payments should be made to bank account number: 27 1140 2004 0000 3702 7865 0561
(mBank S.A.) The transfer title should include “Order no. …”
For payments via an electronic payment system, the Customer makes the payment before the Order is processed. The electronic payment system allows payment by credit card or fast transfer from selected Polish banks.
The Customer is obliged to pay the price under the Sales Agreement within 2 business days from the date of its conclusion, unless the Sales Agreement states otherwise.
The Product will only be shipped after payment has been received.
§ 6 – COST, DELIVERY TIME, AND METHODS OF PRODUCT DELIVERY
Product delivery costs, which are borne by the Customer, are determined during the Order placement process.
The Product delivery time consists of the Product preparation time and the Product delivery time by the carrier:
Product preparation time is 3 business days,
delivery of movable Products by the carrier occurs within the declared period, i.e., 3 business days from the moment of dispatch (delivery takes place only on business days, excluding Saturdays, Sundays, and holidays).
Products purchased in the Store are shipped only within Poland via Poczta Polska (Polish Post) or a courier company.
§ 7 – PRODUCT COMPLAINTS
Complaint due to non-conformity of the Product with the agreement.
The basis and scope of the Seller’s liability towards a Customer who is a Consumer for the non-conformity of the Product with the agreement are defined in the Consumer Rights Act of May 30, 2014,
the basis and scope of the Seller’s liability towards a Customer who is an Entrepreneur, under warranty, are defined in the Civil Code Act of April 23, 1964,
The Seller is liable to a Customer who is a Consumer for any non-conformity of the Product with the agreement existing at the time of Product delivery and revealed within 2 years from that moment, unless the Product’s shelf life specified by the Seller or persons acting on their behalf is longer,
notifications of non-conformity of the Product with the agreement and submission of a relevant request can be made via email to: karolina@gapa.com.pl
or in writing to: ul. Obwodowa 29B/U3, 84-240 Reda
in the above message, in written or electronic form, as much information and circumstances regarding the subject of the complaint should be provided as possible, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Seller,
for the assessment of irregularities and non-conformity of the Product with the agreement, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at their own expense,
The Seller will respond to the Customer’s request immediately, no later than 14 days from the date of filing the complaint,
in the case of a complaint from a Customer who is a Consumer – failure to process the complaint within 14 days of its submission is equivalent to its acceptance,
in connection with a justified complaint from a Customer who is a Consumer, the Seller will, as appropriate:
cover the costs of repair or replacement and re-delivery of the Product to the Customer,
reduce the Product price (the reduced price must be proportional to the price of the product compliant with the agreement versus the product non-compliant with the agreement) and refund the Consumer the value of the reduced price no later than 14 days from receiving the Consumer’s declaration of price reduction,
in the event of the Consumer withdrawing from the contract – the Seller will refund the Product price no later than 14 days from the date of receiving the returned goods or proof of their dispatch. In case of withdrawal from the contract, the Consumer is obliged to immediately return the goods to the Seller at the Seller’s expense,
the response to the complaint is provided on paper or another durable medium, e.g., an email message or SMS.
§ 8 – RIGHT OF WITHDRAWAL FROM THE AGREEMENT
Subject to point 10 of this paragraph, a Customer who is also a Consumer and has concluded a distance contract may withdraw from it without giving reasons by submitting a relevant statement within 14 days.
In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day on which they withdrew from the contract, unless the Seller offered to collect the Product themselves. Sending the Product back before the deadline is sufficient to meet the deadline.
In case of withdrawal from the Sales Agreement, the Product should be returned to the address: ul. Obwodowa 29B/U3, 84-240 Reda
The Consumer is liable for any decrease in the value of the Product resulting from its use in a manner exceeding what is necessary to ascertain the nature, characteristics, and functioning of the Product, unless the Seller failed to inform the Consumer or the entity referred to in § 10 about the method and deadline for exercising the right of withdrawal from the contract and did not provide them with a model withdrawal form. To ascertain the nature, characteristics, and functioning of the Products, the Consumer should handle and inspect them only in the same way they would in a brick-and-mortar store.
Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product along with its delivery costs using the same payment method as used by the Consumer, unless the Consumer has expressly agreed to a different refund method that does not incur any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately, and no later than 14 days from the moment the Seller receives the declaration of withdrawal from the Sales Agreement.
If the Consumer chose a Product delivery method other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by them.
If the Seller has not offered to collect the Product from the Consumer themselves, they may withhold the refund of payments received from the Consumer until they receive the item back or until proof of its dispatch is provided, whichever occurs first.
A Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, bears only the costs of returning the Product to the Seller.
The fourteen-day period during which the Consumer may withdraw from the contract is counted, for a contract under which the Seller issues the Product and is obliged to transfer its ownership, from the day on which the Consumer (or a third party indicated by them other than the carrier) took possession of the Product.
The right to withdraw from a distance contract does not apply to the Consumer in the case of a Sales Agreement, among others, where the subject of the service is a non-prefabricated good, manufactured according to the Consumer’s specifications or serving to satisfy their individualized needs.
The right to withdraw from the Sales Agreement is available to both the Seller and the Customer in the event of the other party failing to fulfill its obligation within a strictly defined period.
§ 9 – TYPE AND SCOPE OF ELECTRONIC SERVICES
The Service Provider enables the use of an Electronic Service, which is the conclusion of Product Sales Agreements, via the Store.
The provision of Electronic Services to Service Users in the Store takes place under the conditions specified in these Terms and Conditions.
The Service Provider has the right to place advertising content on the Store’s website. This content forms an integral part of the Store and the materials presented therein.
§ 10 – CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR ELECTRONIC SERVICES
The provision of the Electronic Service specified in § 9 point 1 of the Terms and Conditions by the Service Provider is free of charge.
The agreement for the provision of the Electronic Service, which involves enabling the placement of an Order in the Store, is concluded for a definite period and is terminated upon the placement of an Order or the Service User ceasing to place it.
Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
a computer (or mobile device) with Internet access,
access to email,
a web browser,
Cookies and Javascript enabled in the web browser.
The Service User is obliged to use the Store in a manner consistent with the law and good customs, taking into account the respect for personal rights and intellectual property rights of third parties.
The Service User is obliged to enter data consistent with the actual state of affairs.
The Service User is prohibited from providing unlawful content.
§ 11 COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
Complaints related to the provision of Electronic Services via the Store can be submitted by the Service User via email to: karolina@gapa.com.pl
In the above email message, as much information and circumstances regarding the subject of the complaint should be provided as possible, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Service Provider.
The Service Provider will process the complaint immediately, no later than 14 days from the date of submission.
The Service Provider’s response to the complaint is sent to the Service User’s email address provided in the complaint submission or by another method specified by the Service User.
§ 12 – FINAL PROVISIONS
Agreements concluded through the Store are governed by Polish law.
In case of any part of these Terms and Conditions being inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the disputed provision of the Terms and Conditions.
Any disputes arising from Sales Agreements between the Store and Consumers will be resolved primarily through negotiation, with the intention of amicable settlement, taking into account the Act on out-of-court resolution of consumer disputes. If this is not possible, or unsatisfactory for either party, disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.
Any disputes arising between the Service Provider and the Service User (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of November 17, 1964.
A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure is completed, a request for mediation or a request for the case to be considered by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the complaint procedure is free of charge.
In order to amicably resolve a dispute, the Consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/.
