Obchodní podmínky

TERMS & CONDITION

§1

Identification of the Seller

(1) The owner of the Store [hereinafter Seller] is:

GARDA Dominik Gawron

with registered office at ul. Krótka 53, 60-185 Skórzewo near Poznań

VATEU 779-226-99-44,

Regon: 300820343,

Telephone: 0048 516 650 100,

E-mail: sklep@garda.pl

§2

General provisions

(1) The online shop [hereinafter referred to as the Shop] conducts sales via the Internet on the basis of these Regulations [hereinafter referred to as the Regulations].

2 The customer [hereinafter Customer] may be:

a natural person of full legal capacity residing in Poland or in the European Union,
a natural person of full legal age who runs a business in Poland or in the European Union,
a legal person or an organisational unit without legal personality, to which legal capacity is granted by law, with a registered office in Poland or in the European Union, which has the right to make decisions and incur obligations on behalf of the entity,
a minor acting with the consent of a parent or legal guardian.

(3) A consumer [hereinafter referred to as Consumer] under Article 22¹ of the Civil Code (Journal of Laws 1964 No. 16 Item 93 as amended) is a natural person making a legal transaction with the Shop that is not directly related to his/her business or professional activity.

The Entrepreneur [hereinafter referred to as „Entrepreneur“] is a natural person conducting business activity subject to entry in the Central Register of Business Activity and Information (CEiDG), making a legal transaction (concluding a purchase/sale agreement) directly related to his/her business activity or professional nature, when the content of the concluded agreement shows that it is not of professional nature for the Entrepreneur. The professional nature results from the subject of the business activity performed, in particular from the PKD numbers.

(5) Merchandise [hereinafter referred to as Goods] is a movable item available in the Store which is the subject of a sales contract between the Store and the Customer.

6 The Terms and Conditions are an integral part of the sales contract concluded with the Customer.

7 The prices given in the Shop are gross prices (including VAT).

(8) Goods available in the Shop are new and free from defects. Exceptions are goods with clearly marked defects and traces of use.

§3

Procurement

Orders can be placed via interactive forms available on the Shop’s website (customer basket).

The condition for the fulfilment of the order is the provision of data enabling the verification of the Customer and the recipient of the goods. The Store confirms acceptance of the order by sending a message describing the subject of the order to the e-mail address provided when the order was placed. In the event that the Customer provides incomplete, incorrect or contradictory information when placing an order, the Store will contact the Customer to rectify the errors. By placing an order, the Customer makes an offer to conclude a contract of sale for the ordered goods.

The parties are bound by the information shown on the Shop’s website next to the purchased goods at the time of ordering.

After the order is placed, it is verified. Then the Store sends information on acceptance of the order for processing and its subsequent stages to the e-mail address provided by the Customer. The information about accepting an order for fulfilment is the Seller’s statement of accepting the offer referred to in §3 section 2 and upon its receipt by the Customer a Sales Contract is concluded. After concluding the Contract of Sale, the Shop confirms its conditions to the Customer by sending them to the e-mail address.

The product information on the Shop’s website constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

The contract of sale concluded between the Customer and the Shop is of a definite nature and lasts for the duration of the order. The place of performance related to the purchase of Goods is the delivery address indicated by the Customer.

§4

Payments

The customer has a choice of payment methods:

payment by bank transfer to a designated bank account (wire transfer),
electronic payment via „STRIPE“.

(2) Shipping prices are specified in the order summary.

3 The condition for the release of the goods is payment for the goods and shipment.

(4) The customer is obliged to pay the amounts due under the concluded contract regardless of the chosen method of payment and delivery.

(5) If the Customer does not pay within 7 days of the conclusion of the contract, (and in the case of cash on delivery payment on delivery) the Store will call on the Customer to collect and pay for the goods setting a deadline for the fulfilment of the obligation. If the amount due under the contract is not paid within the set time limit, the Store may withdraw from the sales contract.

(6) The order lead time is calculated from the moment the funds for the order are credited to the Store’s bank account or from the moment the payment is positively authorised.

§5

Dispatch of goods

The ordered goods are dispatched by the Shop via courier companies. In the case of digital goods, dispatch takes place to the email address indicated by the Customer.
Pursuant to Article 545 par. 2 of the Civil Code, if the Goods are sent to the place of destination via a carrier, the Customer is obliged to examine the consignment at the time and in the manner usual for consignments of this type; if he finds that the Goods have suffered loss or damage during carriage, he is obliged to perform all actions necessary to establish the carrier’s liability.

§6

Warranty claims

The Shop is liable to the Consumer/Businessman for the conformity of the Goods with the contract, regulated by the Consumer Rights Act of 30 May 2014, for a period of 24 months.
In the event of non-conformity of the Goods with the contract, the Consumer/Trader should report the defect together with a description of the non-conformity to the address given in paragraph 1.
Goods are in conformity with the contract if, in particular, they remain in conformity with the contract:

description, type, quantity, quality, completeness and functionality and, for Goods with digital elements, also compatibility, interoperability and availability of updates;
suitability for the specific purpose for which it is needed by the Consumer/Entrepreneur, which the Consumer/Entrepreneur has notified the Shop at the latest at the time of the conclusion of the contract and which the Shop has accepted.

In addition, in order to be deemed in conformity with the contract, the Goods:

suitable for the purposes for which Goods of that kind are normally used, having regard to the applicable laws, technical standards or good practice;
comes in such quantity and has such characteristics, including durability and safety and, in respect of Goods with digital elements, also functionality and compatibility, as are typical of Goods of that kind and which the Consumer/Trader may reasonably expect, taking into account the nature of the Goods and the public assurances made by the Shop, its legal predecessors or persons acting on their behalf, in particular in advertising or on labelling, unless the Shop demonstrates that:

did not know about the public assurance in question and, judging reasonably, could not have known about it,
prior to the conclusion of the contract, the public assurance was rectified, subject to the conditions and form in which the public assurance was given or in a comparable manner,
The public assurance did not influence the decision of the Consumer/Business to enter into the contract;

is supplied with such accessories and instructions as the Consumer/Trader may reasonably expect;
is of the same quality as the sample or design which the Shop made available to the consumer/trader before the conclusion of the contract and corresponds to the description of such sample or design.

(5) The shop shall not be liable for the non-conformity of the goods with the contract to the extent referred to above, if the Consumer/Trader has been expressly informed that a specific characteristic of the goods deviates from the contract conformity requirements set out above and, at the latest at the time of the conclusion of the contract, has expressly and separately accepted the lack of a specific characteristic of the goods.

(6) The Consumer/Entrepreneur at the time of non-conformity of the Goods with the contract, may request the Shop:

replacement of the Goods with a new one;
repair of the Goods.

(7) The Shop may carry out a replacement when the Consumer/Trader requests a repair, or the Shop may carry out a repair when the Consumer/Trader requests a replacement if it is impossible or would require excessive costs for the Shop to bring the Goods into conformity with the contract in the manner chosen by the Consumer/Trader. If the impossibility or unreasonable cost concerns both repair and replacement, the Shop may refuse to bring the Goods into conformity with the contract.

(8) The Shop shall carry out the repair or replacement within a reasonable time from the moment it is informed by the Consumer/Businessman of the lack of conformity with the contract and without undue inconvenience for the Consumer/Businessman, taking into account the specific nature of the Goods and the purpose of the purchase.

(9) The cost of repair or replacement shall be borne by the shop.

(10) If the goods are not in conformity with the contract, the Consumer/Trader may make a declaration:

about a price reduction;
withdrawal from the contract,

when:

The shop refused to bring the Goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act of 30 May 2014;
The shop has failed to bring the Goods into conformity with the contract in accordance with Article 43d(4) to (6) of the Consumer Rights Act of 30 May 2014;
the non-conformity of the Goods with the contract continues even though the Shop has tried to bring the Goods into conformity with the contract;
the non-conformity of the Goods with the contract is such as to justify either immediate reduction in price or withdrawal from the contract;
it is clear from the Shop’s statement or circumstances that it will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience for the Consumer/Business.

(11) The reduced price shall be in such proportion as the value of the non-conforming Goods remains to the value of the conforming Goods.

(12) The shop shall reimburse the Consumer / Entrepreneur the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 days of receiving the price reduction declaration.

(13) The Consumer/Entrepreneur may not withdraw from the contract if the non-conformity of the Goods with the contract is immaterial.

(14) The right of the Consumer/Entrepreneur to withdraw from the contract is limited to Goods not in conformity with the contract. If the lack of conformity concerns only certain Goods supplied on a contractual basis, and there is a ground for withdrawal under Article 43 e of the Consumer Rights Act of 30 May 2014, the Consumer/Entrepreneur may withdraw from the contract only in respect of those Goods and also in respect of other Goods purchased together with the non-conforming Goods, if the Consumer/Entrepreneur cannot reasonably be expected to agree to keep only the non-conforming Goods.

(15) In the event of withdrawal from the contract, the Consumer/Entrepreneur shall immediately return the Goods at his/her own expense. The Shop shall refund the price immediately, but no later than within 14 days of receipt of the Goods or proof of their return.

16 The specimen complaint form is attached as Annex 2 to the Rules.

(17) In the event that a dispute arises, any Consumer may use the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.

(18) The shop does not agree and does not undertake to participate in any proceedings aimed at out-of-court settlement of a dispute arising from a complaint, unless such an obligation arises from mandatory legal provisions.

(19) Any complaints concerning the use of the services provided by the Store should be sent to the addresses specified in §1 of these Regulations.

§7

Warranty claims

The provisions of this paragraph only apply to Customers who are not Consumers/Businesses.
Pursuant to Article 558 of the Civil Code, the Shop’s liability under warranty is excluded.
Complaints must be addressed to the email address specified in paragraph 1, providing the following details: name, surname, name, address, date of conclusion of the contract, subject of the contract, date of discovery of the defect, type of defect, claim, confirmation of the existence of the defect at the time of delivery of the Goods, contact details (email), and any photographs and other information that may affect the complaint process.
The shop will respond to the complaint within 14 calendar days.

§8

Right of withdrawal

1 On the basis of the Consumer Rights Act of 30 May 2014, the Consumer/Entrepreneur has the right to withdraw from the contract without stating a reason.

(2) Withdrawal from the contract shall be effective if the Consumer/Entrepreneur makes a declaration of withdrawal within 14 days from the date of delivery of the goods. To meet the deadline it is sufficient to make the declaration before its expiry. The form in which the declaration is made may be any, e.g.

the declaration may be made on a form, a specimen of which is annexed to the Consumer Rights Act of 30 May 2014. (attached as Annex 1 to the Regulations),
by e-mail to the address given in paragraph 1 of these rules,
by letter to the address given in paragraph 1 of these rules.

(3) The consumer/entrepreneur shall return the goods to the Shop within 14 days of the declaration of withdrawal at his/her own expense.

(4) The Shop shall refund the funds within 14 days of receipt of the declaration. The Shop may withhold the refund until it has received the Goods back or the Consumer/Entrepreneur has provided proof of return, whichever event occurs first.

(5) The shop shall reimburse the funds using the same method of payment used by the Consumer/Trader. In the case of payment by payment card, the refund shall be made to the card account.

(6) In the event that the Consumer/Entrepreneur has chosen a delivery method other than the cheapest offered by the Shop, the Shop will not reimburse the Consumer/Entrepreneur for the additional costs incurred by the Consumer/Entrepreneur. The Shop will only reimburse the cost of the cheapest delivery of the item to the Consumer/Entrepreneur.

(7) The Consumer/Entrepreneur shall bear all direct costs of returning the Goods (e.g. packaging, protection, postage).

(8) The right of withdrawal shall not apply to the Consumer/Entrepreneur in cases of contracts:

in which the object of the performance is Goods supplied in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery;
where the object of the performance is goods which are perishable or have a short shelf life;
in which the object of the performance is a non-refabricated good made to the Consumer’s/Entrepreneur’s specification or to meet his/her personalised needs;
on the provision of services if the Shop has performed the service in full with the express consent of the Consumer/Entrepreneur who was informed before the performance started that after the Shop’s performance the right of withdrawal will be lost;
the supply of digital content which is not recorded on a tangible medium if the performance has begun with the express consent of the Consumer/Entrepreneur before the end of the withdrawal period and after the Shop has informed the Consumer/Entrepreneur of the loss of the right of withdrawal;
in which the object of the performance is Goods which, after delivery, by their nature become inseparable from other Goods.

9. pursuant to Article 31 of the Consumer Rights Act of 30 May 2014, in the event of withdrawal from a distance or off-premises contract, the contract shall be deemed not to have been concluded.

(10) The Consumer/Entrepreneur shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to establish their nature, characteristics and functioning.

(11) In the cases indicated in paragraph (8) concerning digital content and the provision of services, the consumer/entrepreneur in the order process, prior to the conclusion of the contract, gives his/her consent by ticking the relevant checkbox, as referred to in Article 38 of the Consumer Rights Act of 30 May 2014.

§9

Privacy protection

(1) The Shop processes Customers‘ personal data in accordance with the applicable legislation in the manner set out in the Privacy Policy (Annex 3).

§10

Technical measures

1 In order to use the Online Shop, including browsing the product range and placing orders for goods, it is necessary:

a) a terminal device (e.g. computer, tablet, smartphone) with access to the Internet and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;

(b) an active electronic mail (e-mail) account;

d) acceptance of the use of cookies (required to place an order).

§11

Entry into force and amendment of the Rules of Procedure

(1) These Terms and Conditions shall come into force on the date of publication on the Shop’s website.

(2) These Rules may be amended.

(3) Changes to the Terms and Conditions will be published on the Store’s website.

4 Information on changes to the Terms and Conditions will be sent to the Customer at the e-mail address indicated in the account settings.

(5) Amendments to the Rules of Procedure shall enter into force 14 days after their publication in the manner set out in paragraph 3.

(6) The Shop acknowledges that a Customer with an account on the Shop’s website has accepted the changes to the regulations if he or she has not terminated the contract by the end of the period indicated in paragraph 5.

(7) Matters not covered by the provisions of these Rules shall be governed by Polish law.

Address for returns

Czech Republic
CzechLogistic – GARDA
ul. Vratimovská 681/80
71900 Ostrava – Kunčice

Slovakia
CzechLogistic – GARDA
ul. Budovateľská 1234 (123kurier DEPO)
03853 Turany

Hungary
CzechLogistic – GARDA
Koronczói út 01628/9 hrsz. (DPD DEPO)
9012 Györ

Romania
CzechLogistic – GARDA
Ul. Calea Bodrogului 18 (FAN Courier DEPO)
310059 Arad

Annex-1

Annex-2

Annex-3