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ONLINE STORE REGULATIONS

 

§ 1

PRELIMINARY PROVISIONS

 

  1. The GESBERG online store, available at the following internet address: www.gesberg.eu , is run by: Eston Trading Spółka z ograniczoną odpowiedzialnością, with its registered office at: ul. Dożynkowa 49B 52-311 Wrocław, Poland, entered into the National Court Register under the KRS number 0000989967, with the share capital of PLN 5,000.00
    (five thousand Polish zlotys), operating under the NIP number: 8992935292,
    REGON: 522977162.
  2. These regulations are addressed to Consumers and specify the rules and procedure for concluding a Distance Selling Agreement with the Consumer via the Store.

 

§ 2

DEFINITIONS

 

  1. Store Regulations – this set of regulations organizing the rules for using the Store Services by Customers.
  2. Shop – an internet service belonging to the Seller, available under the domain: www.gesberg.eu , through which the Customer can purchase Goods from the Seller.
  3. Seller – ESTON TRADING SPÓLKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office at: ul. Dożynkowa 49B 52-311 Wrocław, Poland, NIP: 8992935292, REGON: 522977162, which, conducting commercial activity, proposes sales via its website: www.gesberg.eu .
  4. Customer - any entity making purchases through the Store, namely: a natural person (including a Consumer) who is at least 13 years of age (provided that he or she has obtained the consent of his or her legal representative), a legal person and an organizational unit that is not a legal person, to which special regulations grant legal capacity, which uses the Services provided by the Store.
  5. Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to his or her business or professional activity.
  6. Account - the customer's account in the Store, it collects data provided by the Customer and information about the Orders placed by him in the Store.
  7. Order Form - Service available on the Store 's website, through which the Customer can make a purchase, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  8. Sales Agreement – ​​a distance sales agreement for Goods concluded by the Customer via the Online Store, usually via the Order Form, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the agreement.
  9. Order - a declaration of will of the Customer submitted using the Order Form and aiming directly at concluding a Product Sales Agreement or Products with the Seller.
  10. Cart – an element of the Store software in which the Goods selected by the Customer for purchase are visible and in which the Customer can determine and modify the Order data, including the quantity of Products.
  11. Goods / Product – a movable item / service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller, the terms of sale of which are specified in the Order Form.

 

§ 3

CONTACT WITH THE STORE

 

  1. Seller's address: ul. Dożynkowa 49B, 52-311 Wrocław, Poland.
  2. Seller's email address: sales@gesberg.eu .
  3. Seller's telephone number: +48 71.880.83.82.
  4. Seller's bank account number is 87114020040000390282866749 .
  5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this section.
  6. The Customer may communicate with the Seller by telephone from Monday to Friday from 9:00 a.m. to 5:00 p.m.

 

§ 4

TECHNICAL REQUIREMENTS

 

To use the Store, including browsing the Store's assortment and placing orders for Products, you must:

  1. a terminal device with access to the Internet,
  2. active email account,
  3. cookies enabled,
  4. FlashPlayer installed.

 

§ 5

General information

 

  1. The Seller shall not be liable, to the fullest extent permitted by law, for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
  2. Browsing the Store's assortment 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 Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
  3. The prices given in the Store are given in Polish zloty (PLN) and are gross prices (including VAT).
  4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal fees), about which the Customer is informed on the Store's website when placing the Order, including when expressing the will to be bound by the Sales Agreement.
  5. These Online Store Regulations define the rules for making purchases in the GESBERG-EU online store, in particular the rules and procedure for concluding distance selling agreements via the Store, as well as the complaint procedure and the procedure for withdrawal from the agreement by the Consumer.
  6. The Regulations are addressed to all Customers of the Store. All Customers are required to familiarize themselves with the provisions of the Regulations before making a purchase.
  7. Each Customer is obliged to comply with the provisions of the Regulations. Sales are made on the basis of the version of the Regulations in force at the time of placing the order.
  8. Each Customer has the opportunity to read the Regulations at any time by clicking on the hyperlink "Store Regulations" on the Store's website www.gesberg.eu . The Regulations can be downloaded and printed at any time.
  9. All information contained on the website of the Store www.gesberg.eu  relating to products (including prices) does not constitute an offer within the meaning of Art. 66 of the Civil Code of 23 April 1964 (Journal of Laws of 202, item 1740, as amended), but an invitation to conclude an agreement, pursuant to Art. 71 of the Civil Code of 23 April 1964 (Journal of Laws of 202, item 1740, as amended). By sending the Order Form, the Customer makes an offer to purchase the indicated Goods for the price and under the conditions specified in the description.

 

§ 6

RULES FOR PLACING AN ORDER

 

To place an Order you must:

  1. fill out the Order Form by entering the recipient's details: name and surname, address to which the Goods are to be delivered, e-mail address and mobile phone number to which an SMS with a code for collecting the parcel from the parcel locker or contacting the courier is to be sent. Enter the invoice details, if different from the recipient's details.
  2. select the Product that is the subject of the Order and then click the "Add to Cart" button (or equivalent);
  3. select the type of shipment (method of delivering the Product),
  4. choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 7 point 3.
  5. click the “Order and pay” button / click the “Order and pay” button and confirm the order by clicking on the link sent in the e-mail,

 

§ 7

DELIVERY AND PAYMENT METHODS OFFERED

 

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
  1. Postal shipment, postal shipment with cash on delivery,
  2. Courier delivery, cash on delivery courier delivery,

 

  1. The customer can use the following payment methods:
  1. Payment by transfer to the Seller's account,
  2. Electronic payments,
  3. Payment by payment card,
  1. Detailed information on delivery methods and accepted payment methods can be found on the Store's website.

 

§ 8

PERFORMANCE OF THE SALES AGREEMENT

 

  1. 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.
  2. 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 sending an appropriate e-mail message by the Seller to the Customer to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statements about receiving the Order and its acceptance for execution and confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above e-mail message, a Sales Agreement is concluded between the Customer and the Seller.
  3. In case of selection by the Customer:
  1. payment by bank transfer, electronic payment or payment by card, the Customer is obliged to make the payment within 3 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.
  2. cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
  1. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
    1. In the event of ordering Products with different delivery dates, the delivery date is the longest date given.
    2. In case of ordering Products with different delivery dates, the Customer may request delivery of the Products in parts or delivery of all Products after the entire order has been completed.
  2. The beginning of the delivery period of the Product to the Customer is counted as follows:
  1. If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account,
  2. If the Customer chooses cash on delivery as the payment method – from the date of conclusion of the Sales Agreement,
  1. If the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate message
  2. In the event of ordering Products with different readiness for collection dates, the readiness for collection date is the longest date given.
  3. The period of readiness of the Product for collection by the Customer begins on the date of crediting the Seller's bank account.
  4. The Product is delivered only within Poland.
  5. The maximum delivery time of the Goods to the Buyer is counted within 7 calendar days from the date of conclusion of the Sales Agreement.
  6. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal fees) are indicated to the Customer on the Online Store website in the "Shipping Costs" tab and during the placement of the Order, including when the Customer expresses their will to be bound by the Sales Agreement.
  7. Personal collection of the Product by the Customer is free of charge.

 

§ 9

RIGHT OF WITHDRAWAL FROM THE CONTRACT

 

  1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The period specified in paragraph 1 begins upon delivery of the Product to the Consumer or a person indicated by him other than the carrier.
  3. In the case of a Contract covering multiple Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 shall run from the delivery of the last item, batch or part.
  4. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the declaration before the deadline expires.
  5. The declaration may be sent by traditional mail or electronically to the Seller's e-mail address (the Seller's contact details are specified in § 3) by sending a completed Declaration Form, the template of which constitutes Annex No. 1 to these Regulations.
  6. If the Consumer sends the declaration electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer.
  7. Consequences of withdrawal from the Agreement:
  1. In the event of withdrawal from a Contract concluded at a distance, the Contract shall be deemed not to have been concluded.
  2. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard method of delivery offered by the Seller.
  3. The Seller will refund the payment using the same payment method that was used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him.
  4. The Seller may withhold reimbursement until receiving the Product back or until proof of sending it back is provided, depending on which event occurs first.
  5. The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the expiry of the 14-day period.
  6. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.
  7. The Consumer is only liable for any reduction in the value of the Product resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the Product.
  1. If, due to the nature of the Product, it cannot be returned by regular post, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.
  2. The right to withdraw from a distance contract does not apply to the Consumer in relation to the Contract:
  1. where the subject of the provision is a non-prefabricated item, manufactured according to the Consumer’s specifications or intended to meet their individual needs,
  2. where the subject of the service is an item 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,
  3. in which the subject of the service is an item that spoils quickly or has a short shelf life,
  4. provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has performed the service, the Consumer will lose the right to withdraw from the Agreement,
  5. where the subject of the provision are items which after delivery, due to their nature, are inseparably connected with other items,

 

§ 10

COMPLAINT AND WARRANTY

 

  1. The Sales Agreement covers new Products.
  2. The Seller is obliged to deliver to the Customer an item free from defects.
  3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.
  4. Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.
  5. It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.
  6. The Seller will respond to the complaint request immediately, no later than within 14 days, and if he fails to do so within this period, it is considered that the Customer's request has been deemed justified.
  7. Goods returned under the complaint procedure should be sent to the address given in § 3 of these Regulations
  8. If a warranty has been granted for the Product, information about it and its content will be included in the description of the Product in the Store.

 

 

§ 11


OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES

 

  1. Detailed information on the possibility of using out-of-court complaint and claim settlement procedures by the Consumer and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

  1. The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims:
  1. The Consumer is entitled to refer to a permanent consumer arbitration court, referred to in Art. 37 of the Act of 15 December 2000 on the 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.
  2. The Consumer is entitled to contact the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller.
  3. The consumer may obtain free assistance in resolving a dispute between him/her and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).

 

§ 12

PERSONAL DATA IN THE ONLINE STORE

 

  1. The administrator of Customers' personal data collected via the Online Store is the Seller.
  2. Personal data of Customers collected by the administrator via the Online Store are collected for the purpose of executing the Sales Agreement and, if the Customer consents, also for marketing purposes.
  3. The recipients of the personal data of Customers of the Online Store may be:
    1. In the case of a Customer who uses the Online Store's delivery method by post or courier, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out the shipment on behalf of the Administrator.
    2. In the case of a Customer who uses electronic payment or payment card payment in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
  4. The customer has the right to access and correct their data.
  5. Providing personal data is voluntary, however failure to provide the personal data indicated in the Regulations and necessary to conclude the Sales Agreement results in the inability to conclude said agreement.

 

§ 13

FINAL PROVISIONS

 

  1. Agreements concluded via the Online Store are concluded in Polish.
  2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 7 days in advance.
  3. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights, the Act on the protection of personal data.
  4. The customer has the right to use out-of-court complaint and redress procedures. To do this, they can file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/ .

 

 

Seller details:

company name: ...............................................

address: ......................................................

            ......................................................

NIP:      ......................................................

 

DECLARATION OF WITHDRAWAL FROM A CONTRACT CONCLUDED AT A DISTANCE

 

I declare that in accordance with Article 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827), I am withdrawing from the sales contract for the following goods:

name of goods / title of offers / number of offers:

 ...............................................................................................................................................................................

 ...............................................................................................................................................................................

 ...............................................................................................................................................................................

Date of purchase:                ...............................................

Date of receipt of goods:    ...............................................................

Consumer Data / Entrepreneur with Consumer Rights:

Name and surname: ................................................................................

address: .......................................................................

              .......................................................................

Email: .....................................................

Tel.         .....................................................

 

Please refund the paid price of the goods together with the delivery costs – in accordance with the provisions of the Act of 30 May 2014 on consumer rights:    ............................................................... (in words: ................................................................................................................................................................. )

The Seller will refund the payment using the same payment method used by the Consumer (Store Regulations § __, point __).

 

 

 

to the bank account number:

 

                                

 

 

 

in another way:

 

 ................................................................................................................................................................

 

Place, date: ....................................................      Signature: .....................................................................

                                         ..................................................................                                 (if you send the form in paper form)