§ 1 Preliminary provisions
- The online store Gdziejest_neon, available at the Internet address www.gdziejestneon.com, is operated by the company GJN SC Weronika Baron Kamil Kulski, registered in the Central Register and Information on Business Activity (CEIDG), maintained by the Minister responsible for the Ministry of Finance. economy, NIP 6462986547 , REGON 387841596.
- These Regulations are addressed to both Consumers and Entrepreneurs using the Store and set out the rules for the use of the Online Store and the rules and procedure for concluding Distance Sales Contracts with the Customer through the Store.
§ 2 Definitions
- Consumer – a natural person concluding a contract with the Seller under the Store, the subject of which is not directly related to its economic or professional activity.
2. seller – a natural person conducting business under the name GJN SC.
- Customer – any entity making purchases through the Store.
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, which uses the Store.
- Store – an online store operated by the Seller at the Internet address www.gdziejestneon.com
- Contract concluded at a distance – a contract concluded with a Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
- Regulations – these rules and regulations of the Store.
- Order – the Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
- Account – a customer’s account in the Store, it collects data provided by the Customer and information about the Orders placed by him/her in the Store.
- Registration form – a form available in the Store that allows you to create an Account.
- Order Form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Shopping Cart – an element of the Store’s software, where the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.
- Product – a movable item/service available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
- Sales Contract – a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store. The Sales Contract is also understood – applying to the characteristics of the Product – as a contract for the provision of services and a contract for work.
§ 3 Contact with the Store
Seller’s e-mail address: email@example.com
§ 4 Technical requirements
In order to use the Store, including browsing the Store’s assortment and placing orders for Products, it is necessary:
- a terminal device with access to the Internet and a web browser
- an active electronic mail (e-mail) account,
- cookies enabled,
- FlashPlayer installed.
§ 5 General information
- To the fullest extent permitted by law, the Seller shall not be liable for any disruptions including interruptions in the functioning of the Store caused by force majeure, unauthorized acts of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
- Browsing the assortment of the Store does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to enable the Order to be processed without creating an Account.
- The prices given in the Store are given in Polish zloty and are gross prices (including VAT).
§ 6 Creating an Account in the Store
- To set up an Account in the Store, you need to fill out the Registration Form.
- Creating an Account in the Store is free of charge.
- Logging into the Account is done by entering the login and password established in the Registration Form.
The Customer has the opportunity to delete the Account at any time, without giving any reason and without paying any fees for it, by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 3.
§ 7 Rules for placing an Order
In order to place an Order, you must:
- log into the Store (optional);
- select the Product that is the subject of the Order, and then click the “Add to cart” button (or equivalent);
- Log in or use the option to place an Order without registration;
- if you have chosen the option of placing an Order without registration – fill out the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
- click the “Order and pay”/click the “Order and pay” button and confirm the order by clicking on the link sent in the email,
- select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8.3.
§ 8 Delivery and payment methods offered
- The customer can use the following delivery methods:
- Parcel delivery by Inpost
- Courier delivery
- The customer can use the following payment methods:
- Payment by bank transfer to the Seller’s account
- Payment by card
- Payment via Tpay
- Detailed information on delivery methods and acceptable payment methods can be found on the Store’s pages.
§ 9 Performance of the sales contract
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
- After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the order, which contains at least the Seller’s statements about receipt of the order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above email, the Sales Agreement between the Customer and the Seller is concluded.
- The customer is obliged to make payment within 2 calendar days of the conclusion of the Sales Agreement – otherwise the order will be canceled.
- A If you order Products with different delivery dates, the delivery date is the longest date given.
- B In case of ordering Products with different delivery times, the Customer has the option to request delivery of the Products in parts, or delivery of all Products after the entire order is completed.
- The beginning of the period for delivery of the Product to the Customer is calculated as follows:
- If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the next day of crediting the Seller’s bank account, i.e. if the transfer was credited on 01.01 after 12;00, the 14-day processing time is calculated from 02.02.
- Business days are Monday through Friday excluding holidays.
- Delivery of the Product takes place in Europe.
- Delivery of the Product to the Customer is for a fee, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal fees) are indicated to the Customer on the pages of the Online Store in the “Delivery Costs” tab and during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
- Each ordered product is made to order, the lead time is 2-4 weeks.
- The customer is responsible for entering the correct address.
- Costs associated with non-delivery and reshipment of the package shall be borne by the customer, if the non-delivery was not due to an error of the Seller, for example, in the address.
- Orders placed (the execution of the transfer involves acceptance of the terms and conditions) via instagram, facebook or through the meil way are subject to the same rules as the products available on the website.
- The designs created on order (based on the outline sent by the customer) belong to the creator-i.e. Vendors. The vendor has the right to reproduce a particular design.
- The vendor gives the customer the option to buy out the design so that it is not duplicated. The time to redeem a project is the time from placing the order to the time it is shipped.
§ 10 Right of withdrawal
- The consumer has no right of withdrawal. Each product is made to order according to the guidelines of the Consumer.
- Paper gift vouchers are non-refundable – they are written by individual arrangement, with a specific expiration date – regulated by the date of sale. They are also not refundable through a technical issue – discount code.
Art. 38. consumer rights
Exclusion of the right of withdrawal from a contract concluded off-premises or at a distance.
3) in which the subject of performance is a non-refabricated item, produced to the consumer’s specifications or serving to meet his individualized needs;
§ 11 Complaint and warranty
- The Sales Contract covers new Products.
- The complaint should be submitted by e-mail to: firstname.lastname@example.org
- Goods sent back under the complaint procedure should be sent to the address:
GJN SC, ul.Romera 9, 43-150 Bieruń Stary
- If the Product has a warranty, the information about it, as well as its content, will be included next to the description of the Product in the Store.
- The consumer is obliged to use the product in accordance with its recommendations. Guidelines and ways to preserve products are posted on the store’s website.
- The time limit for processing a complaint is 14 days from the filing of the complaint.
Failure to deliver the order
- If the order is not delivered or received by the Consumer, and the Seller sent the Product on time, to the address indicated by the Consumer then the Consumer is obliged to bear the cost of return shipping and its re-sending.
- The Seller is not responsible for the absence of the Consumer during the delivery of the package or the conscientiousness of the courier company.
- The Seller shall be obliged to resend the package and pay all costs related thereto in case the Product was originally shipped after the specified lead time or the non-delivery was due to an erroneous shipment of the package.
- The consumer has the right to track the package when he completed the email address field for shipping the order when placing the order.
§ 12 Out-of-court ways of dealing with complaints and claim investigation
- Detailed information on the consumer’s ability to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection: Consumer Disputes; Individual Cases and Important Addresses.
- The consumer has the following examples of out-of-court means of complaint handling and redress:
- The consumer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Law of December 15, 2000. On Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
- The consumer is entitled to turn to the provincial inspector of the Commercial Inspection, in accordance with Art. 36 of the Law of December 15, 2000. on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
- A consumer may obtain assistance in resolving a dispute between him and the Seller, also using the assistance of a consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).
§ 13 Personal Data in the Online Store
- The administrator of Customers’ personal data collected through the Online Store is the Seller.
- Customers’ personal data collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees – also for marketing purposes.
- Recipients of personal data of Customers of the Online Store may be:
- In the case of a Customer who uses postal or courier delivery method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
- In the case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
- The customer has the right to access and correct the content of his data.
- Provision of personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude the agreement.
§ 14 Final provisions
- Contracts concluded through the Online Store are concluded in the Polish language.
- The seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any change at least 7 days in advance.
- In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Law on Providing Electronic Services; Law on Consumer Rights, Law on Personal Data Protection.
- The customer has the right to use out-of-court means of handling complaints and claims. For this purpose, he can file a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.