Regulations of the online store www.gvf.com.pl
I. DEFINITIONS AND GENERAL PROVISIONS
§1
GVF SP.Z OO with its registered office at ul. Warszawska 91, 95-200 Pabianice, NIP 7312048799, REGON 361265492 KRS number 0000553525 which is an entrepreneur
hereinafter referred to as the “Seller”, introduce these regulations for the online store gvf.com.pl, in which the following terms shall be understood:
- “Consumer” – a person defined in Article 22 of the Civil Code, i.e. a natural person concluding a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity,
- “Customer” – a natural person with full legal capacity, a legal person or an organizational unit without personality, to which the law grants legal capacity, who has concluded a sales agreement with the Seller via the Store or has subscribed to the newsletter,
- “Policy” – Privacy and cookie policy, available here.
- “Regulations” – these regulations of the Store.
- “Account” – the Customer’s account set up by him in the Store in accordance with the principles set out in the Regulations.
- “Store” – online store located on the website gvf.com.pl and its subpages.
- Goods – means a product presented by the seller, which may be the subject of a sales contract. The goods are created as a result of the customer’s individual specification, during the order placed.
- Registration – means the actual action performed in the manner specified in the regulations.
- An entrepreneur with consumer rights means a natural person concluding a sales agreement directly related to his/her business activity, when the content of the sales agreement indicates that it does not have a professional character for this entrepreneur, resulting in particular from the subject of the business activity performed, made available under the provisions on the Central Register and Information on Business Activity.
- Entrepreneur – means a natural person, a legal person, an organizational unit that is not a legal person to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
§2
- The Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means.
- The Regulations define the principles under which the Seller provides electronic services to Customers, which services consist in concluding online sales agreements for goods in the Store’s assortment at the prices indicated on the relevant subpages of the Store.
§3
All content presented on the website or subpages of the Store, in particular advertisements, price lists, descriptions of goods and other information, is not a commercial offer within the meaning of the provisions of Art. 66 and 661 of the Civil Code, but an invitation to conclude a contract (Art. 71 of the Civil Code). Prices of goods are expressed in Polish zloty.
§4
- The Client’s computer or other end devices do not have to meet any special technical requirements for the Client to be able to use the Store. The following are sufficient: Internet access, the Client’s e-mail address and a standard operating system and Internet browser.
- Correct use of the Account by the Customer and placing an order in the Store require enabling cookies in the web browser. Detailed information about cookies is included in the provisions of the Policy.
II. CREATING AN ACCOUNT
§5
- Establishing an Account in the Store requires concluding an agreement to establish an Account. For this purpose, the person who wants to establish an Account in the Store should click on the “Log in” tab located in the upper right corner of each of the subpages that make up the Store, and then fill in all mandatory fields of the form (username, e-mail address, Account password). The form constitutes an offer from the Seller to the future Customer regarding concluding an agreement to establish an Account in the Store. It is forbidden to add content of an illegal nature to the form. An account in the store may be established by natural persons who have full legal capacity, legal persons or organizational units without personality, to which the law grants legal capacity.
- To send the registration form and complete the registration procedure in the Store, it is necessary to accept the Regulations and the Policy.
- The email address and password provided will be used to log in to the account after creating the account.
- Clicking the “Registration” button sends the registration form and is tantamount to accepting the Seller’s offer, as referred to in paragraph 1 of this section. At this moment, an agreement is concluded between the Seller and the person who filled out the registration form to set up an Account in the Store.
- After concluding the agreement, in accordance with the provisions of the above paragraph, the Seller sends to the Customer, to the e-mail address provided by him, a message confirming the creation of an Account in the Store. Having an account may be required in order to use certain functionalities, and to use offers requiring discount codes, or other promotions, which may be dedicated exclusively to account holders.
- If the Customer is a Consumer, then he/she has the right to withdraw from the agreement on setting up an Account, without giving reasons, within 14 days from the date of its conclusion, i.e. from the moment specified in the provision of paragraph 4 of this section. The provisions of § 9 paragraphs 2-3 shall apply accordingly.
- The Customer should carefully store the data used to log in to the Store so that unauthorized persons do not gain access to this data.
- An account can also be created when placing an order, as described below.
- The agreement to open an Account is concluded for an indefinite period.
- It is possible to terminate the agreement on opening an Account, both by the Customer and the Seller:
- Termination of the agreement on opening an Account submitted by the Client:
- the customer should submit to the Seller a declaration of termination of the contract for opening an account by sending the notice of termination to the address reklamacje@gvf.com.pl
- the contract is terminated upon receipt of the notice by the Seller.
12. Termination of the agreement on opening an Account submitted by the Seller:
- the seller may terminate the contract when the Store ceases its operations or the Customer provides unlawful or untrue information in the registration form or when purchasing goods, in particular personal data of third parties who have not granted authorisation to set up an account on their behalf.
- the agreement to set up an Account in the Store terminated by the Seller will terminate upon expiry of the one-week notice period.
III. SHOPPING IN THE STORE
§6
- Sales are made based on orders placed by the Customer in the Store. Orders can be placed:
- via e-mail: sklep@gvf.com.pl
- via the Store’s shopping form (shopping cart),
- Orders referred to in § 5 sec. 1 letters b. and c. can be placed 7 days a week, 24 hours a day. Orders referred to in the aforementioned § 5 sec. 1 letter a. can be placed from Monday to Friday from 8:00 a.m. to 4:00 p.m.
- Prices of goods in the Store’s assortment are expressed in Polish zloty and include VAT. The prices do not include: shipping costs, payment handling costs.
- The Seller informs about the possibility of introducing changes to the Store’s assortment, product prices, as well as the possibility of introducing, conducting and canceling promotional/discount campaigns. The introduction of the above-described changes does not affect the sales agreements for individual products already concluded with Customers.
- The store fulfills orders within Poland.
§7
- In order to conclude a sales agreement with the Seller via the Store’s purchase form (shopping cart), the Customer should select the type of product they are interested in on the Store’s home page.
- Next, the Customer should select the goods they are interested in and their quantity, and then click the “Add to cart” button next to the goods selected by the Customer.
- After adding the goods that the Customer wants to buy in the Store to the cart, the Customer will automatically be transferred to a page containing a cart summary. The Seller asks for verification of the cart.
- The goods that the Customer has added to the basket are not reserved or ordered. After adding the goods to the basket, the Customer has the option to change the quantity of goods that they want to buy in the Store, as well as add more goods to the basket, remove the goods that are there or cancel further purchases. The changes made must be confirmed by clicking the “Update basket” button.
- At this stage, the Customer has the opportunity to take advantage of the discounts granted to him by entering the discount coupon code in the appropriate form and then clicking the “Apply coupon” button.
- After verifying the basket, the Customer should select the place of delivery of the goods. To do this, the Customer should click the “Calculate shipping costs” button and then fill in the delivery form fields accordingly. After confirming the shipping data, information about the shipping costs will appear. It is possible to update the shipping data – to do this, click the “Change address” button, fill in the form fields accordingly and confirm by clicking the “Update” button.
- Then, in order to conclude a sales agreement for the goods in the basket, the Customer should click the “Go to checkout” button. At this stage, the Customer indicates the data necessary for the correct execution of the order, i.e.: first name, last name, country, city, delivery address, phone number, e-mail address. The Customer also has the option to indicate additional comments to the order, enter a discount coupon code (if he did not do so earlier), and update the method of delivery of the order. After entering the data and selecting the method of delivery and payment, click the button: “I buy and pay”.
- If the Customer does not have an Account, they may create one at this stage (see § 5, section 9) or place an order without registration, providing the data necessary to complete the order in the form.
- If the Customer chooses to place an order without creating an Account, then the acceptance of the Regulations and the Policy is necessary to place an order. If the Customer has an Account, then they should log in to it.
- It is prohibited to include illegal content in forms.
- The Customer may also place an order by hovering over the “Shop” tab and then clicking on the type of product they are interested in. The above gives the Customer the option of placing an order in any of the ways indicated in § 6, section 1 of the Regulations. If you wish to place an order via the Shop’s shopping form (shopping cart), click the “Buy now” button. The provisions of § 6, sections 3-8 and 10 of the Regulations shall then apply accordingly.
- The Seller informs that, for additional confirmation of the order, it may contact the Customer by telephone, using the telephone number provided by the Customer when placing the order.
IV. DELIVERY AND PAYMENT
§8
- The methods and costs of delivering goods are specified each time an order is placed.
- The following delivery methods are available: DPD, Fedex, Inpost, Orlen Paczka, Poczta Polska, UPS, DHL.
- The following payment methods are available: bank transfer and electronic payment: Przelewy24.
- The costs of payment and delivery of goods are borne by the Customer. The Seller may determine that after the Customer exceeds a certain price threshold, the delivery costs will be covered by the Seller himself. The Seller informs the Customer about the methods and costs of delivery before concluding a sales agreement with the Customer for goods contained in the Customer’s shopping cart.
V. WARRANTY FOR ENTREPRENEURS
The seller ensures delivery of goods free from defects, the seller is liable to the entrepreneur if the goods have a defect. If the goods have a defect, the entrepreneur may:
Submit a declaration of a price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the entrepreneur replaces the defective product with a defect-free product or removes the defect.
This limitation does not apply if the goods have already been replaced or repaired by the Seller, or the Seller has not fulfilled the obligation to replace the goods with defect-free ones. The Entrepreneur may, instead of the removal of the defect proposed by the Seller, request the replacement of the goods with defect-free ones, or instead of replacement, request the removal of the defect, unless bringing the goods into compliance with the contract in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the goods free from defects, the type and significance of the identified defect are taken into account, and the inconvenience to which the entrepreneur would be exposed by another method of satisfaction are taken into account.
The Entrepreneur may not withdraw from the Sales Agreement if the defect is insignificant.
The entrepreneur may request the exchange of goods for defect-free ones or the removal of the defect. The seller is obliged to exchange the goods for defect-free ones or remove the defect within a reasonable time, without excessive inconvenience to the entrepreneur.
The seller may refuse to satisfy the entrepreneur’s request if it is impossible to bring the goods into conformity with the sales contract, compared to another possible way of bringing the goods into conformity with the sales contract. The seller bears the costs of repair or replacement.
The seller is liable under the warranty if a physical defect is found before the expiry of two years from the delivery of the goods to the entrepreneur. The claim for removal of the defect or replacement of the goods with defect-free goods expires after one year, but the period cannot end before the expiry of the period specified in the first sentence. Within this period, the entrepreneur may withdraw from the sales agreement or submit a declaration of a price reduction due to the defect of the goods.
Any complaints related to the goods or the performance of the sales contract may be submitted by the entrepreneur in writing or electronically to the seller’s registered office address or the e-mail address reklamacje@gvf.com.pl
The Seller will respond to the complaint submitted by the entrepreneur within 14 days of receiving the complaint.
VI. WARRANTY
Goods sold by the Seller may be covered by a warranty provided by the manufacturer or distributor.
In the case of goods covered by warranty, information in this regard is each time published on the store’s website.
VII. NON-CONFORMITY OF THE GOODS WITH THE CONTRACT
- A defect consists in the non-conformity of the sold item with the contract. In particular, the sold item is non-conforming with the contract if:
- it does not have the properties that an item of this type should have due to the purpose specified in the contract or resulting from the circumstances or intended use;
- does not have properties of which the seller assured the buyer, including by providing a sample or model;
- is not suitable for the purpose of which the buyer informed the seller at the conclusion of the contract and the seller did not raise any objection to such purpose;
- was delivered to the buyer in an incomplete state.
- If the buyer is a consumer, the public assurances of the manufacturer or its representative, the person who introduces the item into circulation within the scope of his business activity, and the person who by placing his name, trademark or other distinguishing mark on the sold item presents himself as the manufacturer are treated on the same basis as the assurances of the seller.
- The sold item also has a defect in the event of its improper installation and start-up, if these activities were performed by the seller or a third party for whom the seller is responsible, or by the buyer who followed the instructions received from the seller.
- If the buyer is a consumer and the defect is discovered within one year from the date of delivery of the sold item, it is presumed that the defect or its cause existed at the time the risk was transferred to the buyer.
[Legal defect of the item sold]
An item is affected by a legal defect if it is owned by a third party, is encumbered by a third party right, or a restriction on the use or disposal of the item results from a decision or ruling of a competent authority. In the case of sale of a right, a legal defect may also consist in the non-existence of the right. Other defects are physical defects.
[Application of consumer regulations to a natural person conducting business activity]
The provisions relating to the consumer, with the exception of Article 558 § 1 of the Civil Code, second sentence, shall apply to a natural person concluding a contract directly related to their business activity, when it results from the content of this contract that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by them, made available under the provisions on the Central Register and Information on Business Activity.
Art. 556 5. Civil Code [Exclusion of application of provisions concerning the buyer in the case of a natural person conducting business activity]
The provisions of Article 563 and Article 567 § 2 of the Civil Code concerning the buyer shall not apply to a natural person concluding a contract directly related to their business activity, when it results from the content of such contract that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by them, made available under the provisions on the Central Register and Information on Business Activity.
[Release from liability]
The seller is released from liability under warranty if the buyer was aware of the defect at the time of conclusion of the contract.
If the subject of sale are goods identified only as to their type or goods that will be produced in the future, the seller is released from liability under warranty if the buyer was aware of the defect at the time of delivery of the goods.
The seller is not liable to the buyer who is a consumer for the fact that the sold item does not have the properties resulting from the public assurances referred to in art. 556 1 § 2, if he was not aware of these assurances or, judging reasonably, could not have been aware of them or if they could not have influenced the buyer’s decision to conclude the sales contract, or if their content was corrected before the conclusion of the sales contract.
[Responsibility Modifications]
The parties may extend, limit or exclude liability under warranty. If the buyer is a consumer, limitation or exclusion of liability under warranty is only permissible in cases specified in special regulations.
The exclusion or limitation of liability under warranty is ineffective if the seller has fraudulently concealed the defect from the buyer.
The seller is liable under the warranty for physical defects that existed at the time of transfer of risk to the buyer or resulted from a cause inherent in the item sold at the same time.
If the sold item has a defect, the buyer may submit a declaration of a price reduction or withdrawal from the contract, unless the seller immediately and without excessive inconvenience to the buyer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the seller or the seller has not fulfilled the obligation to replace the item with a defect-free one or remove the defect.
The reduced price should remain in such proportion to the price resulting from the contract in which the value of the item with the defect remains in relation to the value of the item without the defect.
The buyer may not withdraw from the contract if the defect is insignificant.
[Replacement of item, removal of defect]
If the sold item has a defect, the buyer may request that the item be replaced with a defect-free item or that the defect be removed.
The seller is obliged to replace the defective item with a defect-free one or to remove the defect within a reasonable time without excessive inconvenience to the buyer.
The seller may refuse to satisfy the buyer’s request if bringing the defective item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to another possible method of bringing it into conformity with the contract. If the buyer is an entrepreneur, the seller may refuse to exchange the item for a defect-free one or to remove the defect also when the costs of fulfilling this obligation exceed the price of the item sold.
[Dismantling things]
If the defective item has been installed, the buyer may request that the seller dismantles and reinstalls it after replacing it with a defect-free item or removing the defect. If the seller fails to fulfill this obligation, the buyer is authorized to perform these activities at the seller’s expense and risk.
The seller may refuse to dismantle and reassemble if the cost of such activities exceeds the price of the sold item.
[Obligation to deliver the defective item at the seller’s expense to the place specified in the contract]
The buyer who exercises warranty rights is obliged to deliver the defective item at the seller’s expense to the place specified in the sales contract, and if no such place is specified in the contract – to the place where the item was delivered to the buyer.
If, due to the type of item or the manner of its installation, delivery of the item by the buyer would be excessively difficult, the buyer is obliged to make the item available to the seller at the place where the item is located.
The rules apply to the return of goods in the event of withdrawal from the contract and replacement of the goods with defect-free ones.
[Replacement or repair costs]
Subject to Article 561 1 § 2 of the Civil Code, the costs of replacement or repair shall be borne by the seller. In particular, this includes the costs of dismantling and delivering the item, labor, materials, and re-assembly and start-up.
[Seller’s obligation to accept defective goods]
The seller is obliged to accept defective goods from the buyer in the event of exchanging the goods for defect-free ones or withdrawing from the contract.
[Request by a buyer who is a consumer to replace the item, remove the defect or reduce the price]
If the buyer who is a consumer has requested the exchange of the item or removal of the defect or has made a statement on a price reduction, specifying the amount by which the price is to be reduced, and the seller has not responded to this request within fourteen days, it is considered that the request has been deemed justified.
[Resignation from the next batches]
If the sales contract stipulates that the sold items are to be delivered in parts and the seller, despite the buyer’s request, does not deliver the same quantity of defect-free items instead of the defective items, the buyer may also withdraw from the contract with regard to the parts of the items to be delivered later.
[Loss of warranty rights]
In the case of sales between entrepreneurs, the buyer loses warranty rights if he or she fails to examine the goods at the time and in the manner customary for such goods and fails to promptly notify the seller of the defect, and in a case where the defect is discovered only later – if he or she fails to notify the seller immediately after the defect is discovered.
To meet the above deadline, it is sufficient to send notification of the defect before it expires.
[Limitation of the right of withdrawal]
If only some of the items sold are defective and can be separated from the defect-free items without detriment to either party, the buyer’s right to withdraw from the contract is limited to the defective items.
[Request for compensation for damage]
If, due to a physical defect of the sold item, the buyer has made a declaration of withdrawal from the contract or a reduction in price, he may demand redress for the damage he suffered because he concluded the contract without knowing about the existence of the defect, even if the damage was a consequence of circumstances for which the seller is not responsible, and in particular he may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the item and reimbursement of expenses made to the extent to which he did not benefit from these expenses. This does not prejudice the provisions on the obligation to redress damage on general principles.
The provisions of § 1 shall apply accordingly in the event of delivery of a defect-free item instead of a defective item or in the event of removal of the defect by the seller.
[Seller’s delay in collecting the item]
If the seller is in delay in collecting the goods, the buyer may return the goods at the seller’s expense and risk.
In the case of sales between entrepreneurs, the buyer is entitled, and when the seller’s interest requires it, obliged to sell the item with due diligence, if there is a risk of deterioration of the item. The buyer should, if possible, notify the seller of the intention to sell, and in any case should send him a notice immediately after the sale. The buyer may also return the item to the seller at his expense and risk.
[Expiration of warranty rights for physical defects. Limitation of claims for removal of defect or replacement of goods]
The seller is liable under the warranty if the physical defect is discovered before the expiry of two years, and in the case of real estate defects – before the expiry of five years from the date of delivery of the item to the buyer.
A claim for removal of a defect or replacement of a sold item with a defect-free item is subject to a limitation period of one year from the date of discovery of the defect. If the buyer is a consumer, the limitation period cannot end before the expiry of the terms specified in § 1, first sentence.
Within the time limits specified above 2, the buyer may submit a declaration of withdrawal from the contract or a reduction in price due to a defect in the sold item. If the buyer requested the exchange of the item for a defect-free item or removal of the defect, the time limit for submitting a declaration of withdrawal from the contract or a reduction in price begins at the moment of the ineffective expiry of the time limit for the exchange of the item or removal of the defect.
In the event of an investigation before a court or arbitration tribunal concerning one of the warranty rights, the time limit for exercising other rights to which the buyer is entitled under this title shall be suspended until the proceedings are finally concluded.
The rules apply accordingly to mediation proceedings, whereby the time limit for exercising other warranty rights to which the buyer is entitled begins to run from the date of the court’s refusal to approve the settlement concluded before the mediator or the ineffective termination of mediation.
The expiry of the time limit for noticing the defect does not exclude the exercise of warranty rights if the seller has fraudulently concealed the defect.
[Liability for defects in items whose shelf life expires before two years]
If the shelf life of the item specified by the seller or manufacturer ends after two years from the date of delivery of the item to the buyer, the seller is liable under the warranty for physical defects of the item found before the expiry of that period
- The Seller is entitled to unilaterally change the Regulations only if one of the following reasons occurs:
- the introduction by the Seller of new services related to the Store,
- changes in delivery or payment methods, changes in delivery costs or payment costs,
- changes in the form of business activity conducted by the Seller,
- modification of the purchasing path,
- changes in legal provisions that make it necessary to adapt the provisions of the Regulations to them – in such a case, the Regulations will be changed only to the extent necessary to adapt their content to the new legal requirements.
- The Seller will provide Customers with information about the planned change to the Regulations, together with a proposal for the content of the new Regulations, no later than 14 days before the planned changes come into effect. For this purpose, the Seller may send Customers who have an Account in the Store or have subscribed to the newsletter an e-mail message in which they will be informed about the planned changes. A Customer who has received such a message and who does not accept the proposed content of the new Regulations may resign from having an Account in the Store by submitting to the Seller (in any form) a statement of withdrawal of consent to receive it. However, if the Customer does not withdraw consent before the new wording of the Regulations comes into effect, then it will become binding on the Customer on the day indicated as the day of entry into force of the new version of the Regulations.
- The Seller reminds that the consent to receive the newsletter may be withdrawn by the Customer at any time. Withdrawal of consent does not affect the legality of the previous sending of the newsletter.
- The Seller also points out that changes to the Regulations do not apply to sales contracts concluded before the new version of the Regulations enters into force.
VIII. RIGHT OF WITHDRAWAL FROM THE CONTRACT
- If the Customer is a Consumer or an entrepreneur with consumer rights, then he/she has the right to withdraw from the distance sales agreement concluded with the Seller, without giving a reason and incurring additional costs. The Customer may effectively exercise his/her right to withdraw from the agreement within 14 days. After 14 days from the day on which the Customer came into possession of the item or on which a third party other than the carrier and indicated by the Customer came into possession of the item, the period for withdrawal from the agreement expires.
- In order to exercise the right to withdraw from the contract, the Consumer and entrepreneur with consumer rights should submit to the Seller an unequivocal declaration of withdrawal from the contract (for example, in writing sent by post to the address ul. Warszawska 91, 95-200 Pabianice or by e-mail to the Seller’s address: sklep@gvf.com.pl with the note “withdrawal”).
- Consumers and entrepreneurs with consumer rights may also withdraw from the contract using the withdrawal form provided below.
- The Seller points out that the right to withdraw from the contract does not apply to:
- where the subject of the service is an item that spoils quickly or has a short shelf life;
- if the subject of the contract are items delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.
- A product is a non-prefabricated item manufactured according to the specifications of a consumer or an entrepreneur with consumer rights or intended to meet his highly individual needs.
- In the event of exercising the right to withdraw from the sales contract, the Customer should return or hand over the item to the Seller immediately, and in any case no later than 14 days from the day on which he informed the Seller of the withdrawal from the contract. The deadline is met if the Consumer sends the item back before the expiry of the 14-day period. The direct costs of returning the item are borne by the Consumer or an entrepreneur with consumer rights.
- If the customer has chosen a method of delivery of the goods other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer or entrepreneur with consumer rights.
- The Seller shall promptly, but no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract by the Consumer or entrepreneur with consumer rights, return to the Customer all payments made by him, including the costs of delivering the goods (except for additional costs resulting from the Customer’s choice of a delivery method other than the cheapest standard delivery method offered by the Seller). The Seller shall return the payment using the same payment methods that were used by the Consumer or entrepreneur with consumer rights in the original transaction, unless the Consumer or entrepreneur with consumer rights has expressly agreed to a different solution – in each case, the Customer shall not incur any fees in connection with this return.
- The Seller informs that, in accordance with the Act of 30 May 2014 on consumer rights, it may withhold the refund until it receives the item from the Consumer or an entrepreneur with consumer rights or until it provides proof of its return, depending on which event occurs.
- A consumer or an entrepreneur with consumer rights is only liable for a reduction in the value of the item resulting from using it in a way other than necessary to establish the nature, characteristics and functioning of the item.
IX. COMPLAINTS
§09
- The Seller informs that he is obliged to deliver goods free from defects.
- The complaint process is initiated from the moment the complaint letter is received by GVF Sp. z o. o. at reklamacje@gvf.com.pl. Complaints are considered on the basis of the Act of 30 May 2014 on consumer rights and the Act of 23 April 1964 – the Civil Code.
- Detailed rights and obligations of buyers are indicated in the content of the regulations depending on the status of the buyer, i.e. a consumer, an entrepreneur with consumer rights, and an entrepreneur.
- Complaints are considered within 14 days from the date of submission of the complaint letter.
- The seller asks you to make purchases thoughtfully. At the same time, the seller indicates that due to the nature of the goods, the subject of the complaint may be goods that are not processed in principle.
X. CHANGES TO THE REGULATIONS
§10
- The Seller is entitled to unilaterally change the Regulations only if one of the following reasons occurs:
- the introduction by the Seller of new services related to the Store,
- changes in delivery or payment methods, changes in delivery costs or payment costs,
- changes in the form of business activity conducted by the Seller,
- modification of the purchasing path,
- changes in legal provisions that make it necessary to adapt the provisions of the Regulations to them – in such a case, the Regulations will be changed only to the extent necessary to adapt their content to the new legal requirements.
- The Seller will provide Customers with information about the planned change to the Regulations, together with a proposal for the content of the new Regulations, no later than 14 days before the planned changes come into effect. For this purpose, the Seller may send Customers who have an Account in the Store or have subscribed to the newsletter an e-mail message in which they will be informed about the planned changes. A Customer who has received such a message and who does not accept the proposed content of the new Regulations may resign from having an Account in the Store by submitting to the Seller (in any form) a statement of withdrawal of consent to receive it. However, if the Customer does not withdraw consent before the new wording of the Regulations comes into effect, then it will become binding on the Customer on the day indicated as the day of entry into force of the new version of the Regulations.
- The Seller reminds that the consent to receive the newsletter may be withdrawn by the Customer at any time. Withdrawal of consent does not affect the legality of the previous sending of the newsletter.
- The Seller also points out that changes to the Regulations do not apply to sales contracts concluded before the new version of the Regulations enters into force.
Maintaining an account and the Newsletter are free of charge. A customer who registers an account may report to the seller a request to delete the account. In such a case, the account will be deleted within 14 days of the notification. The seller is entitled to block the customer’s account and free services in the event of the customer acting to the detriment of the seller, in particular by posting false or misleading content, conducting advertising activities of another entity or product, posting content unrelated to the seller’s activity, acting to the detriment of other customers. Violation by the customer of legal regulations and provisions of the regulations.
By posting content and sharing it, the customer is voluntarily disseminating content. The content expressed does not express the views of the seller. The seller is not a content provider, but only an entity that provides appropriate IT resources for this purpose.
With respect to the content he posts, the Client declares that:
Is entitled to use copyright, industrial property rights and related rights – works, objects of industrial property rights (e.g. trademarks) respectively. The placement and sharing of personal data, image and information concerning third parties within the services took place legally, voluntarily and with the required consent of the persons concerned.
The customer consents to the viewing of the published content by other customers and the seller and authorizes their free use free of charge and in accordance with the store’s regulations, consents to the making of adaptations of works within the meaning of the Copyright and Related Rights Act.
The customer is not entitled to post personal data of third parties as part of using the store’s services and to disseminate the image of third parties without the required consent or permission. Content posted in bad faith, e.g. for the purpose of violating personal rights that are against the law, violating secrecy or confidentiality. Content that is offensive, threatening, inciting hatred. Containing vulgarisms or containing vocabulary that violates good manners. In the event of receiving notification of a violation, the seller reserves the right to modify or remove content posted by customers within the scope of using the seller’s services.
The Seller does not conduct ongoing monitoring of the posted content.
The customer consents to the seller’s free use of the content he places on the store’s website.
X. FINAL PROVISIONS
§11
The Seller reminds about the ban on adding illegal content in the Store and in correspondence with the Seller. The principles of personal data protection are placed in the privacy policy.
§12
The Seller informs that at http://ec.europa.eu/consumers/odr/ there is a platform for online dispute resolution regarding distance contracts between consumers and entrepreneurs (ODR, ADR platform). In case of problems, we encourage you to use it.
§13
The law applicable to the resolution of disputes is Polish law. In the event of a dispute, the parties will strive to resolve the matter amicably.
§14
The regulations are available at the Seller’s registered office and on the website gvf.com.pl
