TERMS

ONLINE STORE TERMS AND CONDITIONS

Terms. Rules for purchases in the online store run by the seller. The seller is JFK DESIGN Katarzyna Haratyk-Jagiellicz based in Chorzów at Wieniawskiego 18, 41-506 Chorzów, Poland, NIP: 6271824348 Regon: 276975928

 § 1 Definitions

Terms, these terms with respect to services provided electronically are the terms referred to in Art. 8 of the Polish Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002 No. 144, item 1204 as amended)

Consumer, an adult natural person with full legal capacity who makes a purchase from the seller that is not directly related to their business or professional activity.

Customer, an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, who makes a purchase from the seller that is directly related to their business or professional activity.

Service provider, the entity providing sales services through the online store under the terms set out in these terms.

Seller: JFK DESIGN, registered in Chorzów, ul. Wieniawskiego 18, 41-506 Chorzów, Poland;

Subject of the transaction, the goods specified and described on the store website

Internet.

Goods, a movable item presented in the online store that is the subject of the sales contract.

Business days, the weekdays from Monday to Friday, excluding statutory public holidays.

Code of good practice, a set of rules of conduct, in particular ethical and professional standards, referred to in Art. 2 point 5 of the Polish Act on counteracting unfair market practices of 23 August 2007 as amended.

Sales contract, a contract for the sale of goods within the meaning of the Civil Code,

concluded between the service provider and the customer using the store website.

Civil Code, the Polish Civil Code Act of 23 April 1964 as amended.

Cart, a list of products created from the products offered in the store based on the buyer choices.

Online store (Store), the website available at www.gruzo.cc through which the customer can place an order.

Order, a declaration of intent by the customer that clearly specifies the type and quantity of goods and is aimed directly at concluding the sales contract. Defect, both a physical defect and a legal defect. Physical defect, the non-conformity of the sold item with the contract, in particular if the item:

a) does not have the properties that an item of this kind should have due to the purpose specified in the contract or resulting from the circumstances or its intended use;

b) does not have the properties whose existence the seller assured the consumer of,

c) is not suitable for the purpose of which the consumer informed the seller at the conclusion of the contract, and the seller did not object to its intended use;

d) was delivered to the consumer in an incomplete state;

e) in the case of incorrect assembly and start-up, if these activities were carried out by the seller or a third party for whom the seller is responsible, or by the consumer who followed the instructions received from the seller;

f) does not have the property assured by the manufacturer or its representative, or the person placing the item on the market within their business activity, or the person who, by placing their name, trademark or other distinguishing mark on the sold item, presents themselves as the manufacturer, unless the seller did not know these assurances or, on reasonable assessment, could not have known them, or they could not have influenced the consumer decision to conclude the contract, or their content was corrected before the conclusion of the contract.

Payments, PayPal _ Panu _ Stripe

Payments, STRIPE (pay by card)

Delivery

Proof of purchase, an invoice, a bill or a receipt issued in accordance with the Polish Act on the tax on goods and services of 11 March 2004 as amended and other relevant legal provisions.

ICT system, a group of cooperating IT devices and software that ensures the processing and storage, as well as the sending and receiving, of data over telecommunications networks using an end device appropriate for the given type of network

§ 2 General principles and use of the online store

  1. These terms set out the rules for using the online store
  1. All rights to the online store, including economic copyrights and intellectual property rights to its name, internet domain, the online store website, as well as to the patterns, forms and logos placed on the online store website (with the exception of photos placed for the purpose of presenting goods, and logos and forms to which copyrights belong to third parties) belong to the seller, and their use may take place only in the manner specified and consistent with the terms and with the written consent of the seller.
  2. The condition for placing an order in the online store by the customer is reading these terms and accepting their provisions during the order process.
  3. The online store www.gruzo.cc conducts retail sales via the internet.
  1. As part of the technical requirements necessary to work with the ICT system through which the service provider makes purchases, the customer should have an active email account and a device connected to the internet.
  2. The seller will make every effort to ensure that the use of the online store is possible for internet users using all popular web browsers, operating systems, device types and types of internet connections. The minimum technical requirements enabling use of the store website are a web browser at least Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 or newer, with Javascript support enabled, accepting cookies, and an internet connection with a bandwidth of at least 256 kbit/s. The store website is optimized for a minimum screen resolution of 1024×768 pixels.
  3. The customer is obliged not to provide content prohibited by law, for example content promoting violence, defamatory content or content infringing personal rights and other rights of third parties.

§ 3 Placing orders

  1. All prices on the gruzo.cc website are gross prices given in Euro. Prices do not include shipping costs.
  2. Orders are accepted via the website or by email.
  3. Orders placed through the website can be placed 24 hours a day, 7 days a week, all year round.

gruzo.cc

  1. An order is effective if the customer correctly fills in the order form and correctly provides contact details, including the exact address to which the goods are to be sent, as well as a telephone number and email address.
  2. If the provided data is incomplete, the seller will contact the customer. If contact with the customer is not possible, the seller has the right to cancel the order.
  3. When placing an order, the customer may consent to placing personal data in the database of the seller online store for processing in connection with the fulfillment of the order. If consent is given, the customer has the right to access their data, correct it and request its deletion.
  4. The customer can use the option of having their data saved by the system in order to make the process of placing the next order easier. For this purpose, the customer should provide the login and password necessary to access their account. The customer login is the email address they provide. The password is a string of characters set by the customer. The customer password is not known to the seller, and the customer is obliged to keep it secret and protect it against unauthorized access by third parties.
  5. After successfully placing the order, the customer will receive an automatic reply from the store confirming receipt of the order.
  1. The moment of starting the order fulfillment is considered to be the moment the payment is received on the bank account given in the order confirmation in the case of payment by transfer, or the moment of placing the order in the case of payment by card or transfer choosing the cash on delivery option.
  2. The production time is 3 to 14 business days, after which the parcel will be sent, of which the customer will be informed
  3. Personalized products are not subject to exchange or return

12. The customer has 30 minutes to cancel the order from the moment it is placed. All orders are made by hand after the order is placed, so it is unlikely that we will cancel or change an order. So take some time to browse and order the right products you want!

§ 4 Shipping costs and time

  1. The goods are sent to the address indicated in the order form or provided by phone or email. The store will immediately inform the customer about an incorrectly filled in order form, which makes shipping impossible or may delay it.
  2. The goods are delivered via specialized courier companies or via the Polish Post (Poczta Polska).
  3. The parcel is delivered in accordance with the time given for each item on the website. This is an approximate delivery time and applies to orders with the cash on delivery option. When choosing the transfer or card or online transfer payment option, the time for crediting the funds to the store bank account should be added to the time given on the website.
  4. The customer bears the delivery (shipping) costs specified in the transport price list.
  5. The production time is 3 to 12 business days, after which the parcel will be sent, of which the customer will be informed

§ 5 Payments

  1. Payment for the ordered goods is possible through the electronic payment system (PayPal) or by payment card.

§ 6 Withdrawal from the contract

  1. In accordance with Art. 27 of the Polish Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), a customer who is a consumer and has concluded a distance contract through the store may withdraw from it within 14 days without giving a reason and without incurring costs, except for the costs specified in points 7.4, 7.5 and 7.8 of the terms. The notice on the right of withdrawal, containing in particular information on the manner and deadline for exercising the right of withdrawal and on the costs of returning the goods in the event of withdrawal that are borne by the customer, constitutes Annex No. 1 to these terms.
  2. In the case of withdrawal from a contract concluded at a distance, the contract is considered not concluded. What the parties have provided is to be returned in an unchanged state, unless a change was necessary in the ordinary course of business.
  3. The return should take place immediately, no later than within 14 days. The purchased goods should be returned to the service provider address.
  4. If the customer has chosen a delivery method other than the cheapest standard delivery method offered by the seller, the seller is not obliged to reimburse the customer for the additional costs incurred.
  5. The right to withdraw from a distance contract is not available to the customer with respect to the contracts listed in Art. 38 of the Polish Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827), in particular:

a) in which the subject of the performance is a non-prefabricated item, produced according to the consumer specification or serving to satisfy their individual needs;

b) in which the subject of the performance is an item that perishes quickly or has a short shelf life;

c) in which the subject of the performance is an item delivered in a sealed package that cannot be returned after opening the package for reasons of health protection or hygiene, if the package was opened after delivery;

d) in which the subject of the performance are items that after delivery, due to their nature, become inseparably combined with other items.

  1. If the customer requested the start of the provision of services (insofar as such services are provided by the seller at all) before the expiry of the withdrawal period, they will pay the seller an amount proportional to the scope of the services performed up to the moment the customer informed the seller about the withdrawal from this contract.
  2. The customer should secure the returned goods in a way that minimizes the risk of damage in transport.
  3. The customer may use the model withdrawal declaration that constitutes an annex to the Polish Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827), however this is not mandatory.
  4. Clothing models made to the customer individual order are not subject to return.
  5. The refund for the returned goods will take place within 14 calendar days from the day the store receives the return, using the same payment method that the customer used in the original transaction, unless the customer agrees to a different solution.
  6. In the case of

Failure to collect the parcel by the customer

  1. Placing an order in the online store constitutes the conclusion of a sales contract between the customer and the seller within the meaning of Art. 535 et seq. of the Civil Code.
  2. In the case of the customer not collecting a parcel sent in accordance with the order, without a prior withdrawal from the contract within the statutory deadline, this is considered non-performance of the obligation for reasons attributable to the customer within the meaning of Art. 471 of the Civil Code.
  3. In such a situation the seller has the right to: a) deduct from the payment made by the customer the costs of shipping and return of the parcel, b) demand from the customer reimbursement of the costs incurred, if the parcel was sent cash on delivery or was not paid in advance.
  4. Re-sending the goods is possible only after paying the delivery costs again.
  5. Failure to collect the parcel is not equivalent to withdrawal from the contract within the meaning of Art. 27 of the Act of 30 May 2014 on consumer rights.
  6. If there is no contact from the customer for a period of 14 days from the date of the parcel return, the seller may consider the order canceled, deducting the costs incurred for shipping and return.

§ 7 Complaint procedure

  1. The store is obliged to provide customers with items sold free from physical and legal defects (warranty). In the case of defectiveness of the purchased goods, customers are entitled to the rights provided for in the Act of 23 April 1964 Civil Code (Journal of Laws of 2014 item 121 as amended), in particular in the part concerning warranty (Art. 556 et seq.).
  2. The complaint should be submitted to the registered address of the store given on the store website. The complaint should contain the customer contact details, information about the type of defect and the date it was found, the customer request, and in case of doubt also confirmation of purchase of the complained product in the store. The above content of the complaint has the form of a recommendation, and complaints with different content will also be considered by the seller.
  3. If, in order to consider the complaint, the seller needs to examine the sold item, the customer exercising the warranty rights will be obliged, at the seller expense, to deliver the item to the place indicated in the sales contract, and if no such place is specified in the contract, to the place where the item was handed over to the customer. If, due to the type of item or the way it is installed, delivery of the item by the customer would be excessively difficult, the customer is obliged to make the item available to the seller at the place where it is located.
  4. The store will respond to the customer complaint within 14 days.
  5. The store does not provide a separate guarantee for the products sold (some products may be covered by a manufacturer guarantee), and also does not provide after-sales service.

§ 8 Out-of-court methods of handling complaints and pursuing claims.

  1. In particular, the customer may submit to the competent provincial inspector of the Trade Inspection a request to initiate mediation proceedings for the amicable settlement of the dispute between the customer and the seller in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended). Mediation is voluntary (both parties must agree to it), and any agreement of the parties must at the same time be the result of an agreement of both parties. Properly submitting a request for mediation does not guarantee that it will be carried out or its result.
  2. The customer also has the option of asking for the resolution of a dispute arising from the concluded sales contract by the permanent consumer arbitration court at the provincial inspector of the Trade Inspection, referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended). The rules of organization and operation of the permanent consumer arbitration courts are set out in the Regulation of the Minister of Justice of 25 September 2001 (Journal of Laws 2001, No. 113, item 1214).
  3. Detailed information on out-of-court methods of handling complaints and pursuing claims is also available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and the Provincial Inspectorates of the Trade Inspection.

§ 8 Protection of personal data

  1. The seller processes the personal data of its customers in accordance with the provisions of the Act of 29 August 1997 on the protection of personal data (consolidated text: Journal of Laws of 2002 No. 101, item 926) and the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013 item 1422 as amended).
  1. Informacje o sposobach ochrony danych osobowych znajdują się w polityce prywatności stosowanej przez Sklep. Wszelkie uwagi i pytania dotyczące pracy Sklepu w zakresie realizacji zamówień prosimy kierować na adres: gruzocc@gmail.com lub skorzystać z formularza kontaktowego w zakładce kontakt. W sprawach nieuregulowanych niniejszym Regulaminem stosuje się przepisy prawa polskiego, w tym Kodeksu cywilnego oraz ustawy z dnia 2 marca 2000 roku o ochronie niektórych praw konsumentów oraz o odpowiedzialności za szkodę wyrządzoną przez produkt niebezpieczny (Dz. 22, poz. 2 z 2000 r.).
  2. Providing personal data by the customer is voluntary. Customers have the right to request the completion, updating and correction of personal data, the temporary or permanent suspension of their processing or their deletion.
  3. The controller of the personal data provided by customers is the seller referred to in § 1 of the terms.

§ 9 Promotions

  1. Customers who make a purchase over 400 zł receive free shipping.
  2. If the customer returns part of the order and the final purchase value after taking returns into account is less than 400 zł, a shipping fee of 18 zł will be added on the corrective invoice.
  3. The shipping fee will be automatically deducted from the refund amount.

§ 10 Final provisions

  1. These terms are the document setting out the principles of operation of the gruzo.cc store. Every customer is obliged to read its content and is bound by its provisions each time at the moment of placing an order.
  2. The store will make every effort to resolve all disputes amicably and in favor of the customer.
  3. In the absence of agreement, disputes will be resolved by the court in accordance with the provisions of the Code of Civil Procedure.
  4. The terms in their current wording are in force from 01.02.2017 and apply to all orders accepted for fulfillment from that day. Changes to the terms will be published on the terms page of the online store.

INSTRUCTION ON THE RIGHT OF WITHDRAWAL, APPLIES TO CONSUMERS

(Art. 27 of the Act of 30 May 2014 on consumer rights)

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

Termin do odstąpienia od umowy wygasa po upływie 14 dni od dnia, w którym weszłeś w posiadanie rzeczy lub w którym osoba trzecia inna niż przewoźnik i wskazana przez Ciebie weszła w posiadanie rzeczy.

To exercise the right of withdrawal, you must inform us (store address:) of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or email).

You can use the model withdrawal form, however this is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.

Effects of withdrawal:

In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivery (except for the additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and in any case no later than 14 days from the day on which we are informed of your decision to exercise the right of withdrawal from this contract.

The refund will be made using the same payment methods that you used in the original transaction, unless you have expressly agreed to a different solution; in any case you will not incur any fees in connection with this refund. We may withhold the refund until we have received the goods or until you have provided proof of returning them, whichever event occurs first.

Please send back or return the goods to us without delay and in any case no later than 14 days from the day on which you informed us of the withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling them in a way other than what was necessary to establish the nature, characteristics and functioning of the goods.

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Withdraw from the contract / return