Terms and Conditions of the Online Store – www.gamvis.eu
GENERAL PROVISIONS
- THESE TERMS AND CONDITIONS DEFINE THE GENERAL RULES AND CONDITIONS, THE WAY OF PROVIDING SERVICES BY ELECTRONIC MEANS AND SALES CONDUCTED THROUGH THE ONLINE STORE WWW.GAMVIS.EU. THE STORE IS OPERATED BY MARCIN NAKLICKI, CONDUCTING BUSINESS ACTIVITY UNDER THE NAME OF GAMVIS MARCIN NAKLICKI, ENTERED INTO THE REGISTER OF ENTREPRENEURS OF THE CENTRAL REGISTER AND INFORMATION ON BUSINESS ACTIVITY KEPT BY THE MINISTER OF DEVELOPMENT, LOCATED AT JARZĘBSKIEGO 1/44, 01- 853 WARSAW, POLAND, TAX ID: PL1182055153, REGON 367683285, HEREINAFTER REFERRED TO AS THE SELLER.
- COMMUNICATION WITH THE SELLER TAKES PLACE BY MEANS OF:
- E-MAIL: INFO@GAMVIS.EU;
- TELEPHONE: +48 601 797 329;
- CONTACT FORM AVAILABLE ON THE WEBSITE OF THE ONLINE STORE.
- THESE TERMS AND CONDITIONS ARE ACCESSIBLE AT ALL TIMES ON THE WEBSITE, IN A WAY THAT MAKES IT POSSIBLE TO ACQUIRE, DISPLAY AND RECORD THEIR CONTENTS BY PRINTING OR SAVING THEM ON A MEDIUM AT ANY TIME.
- THE SELLER INFORMS THAT THE USE OF SERVICES PROVIDED BY ELECTRONIC MEANS MAY INVOLVE A POTENTIAL RISK ON THE PART OF EVERY INTERNET USER, IN THE FORM OF a POSSIBILITY OF INTRODUCING HARMFUL SOFTWARE INTO THE CLIENT’S ICT SYSTEM AND OBTAINING AND MODIFYING ITS DATA BY UNAUTHORIZED PERSONS. IN ORDER TO AVOID THE OCCURRENCE OF SUCH SECURITY THREATS, THE ABOVEMENTIONED CLIENT SHOULD APPLY APPROPRIATE TECHNICAL MEASURES WHICH WILL MINIMIZE THEIR OCCURRENCE, IN PARTICULAR ANTIVIRUS PROGRAMS AND A FIREWALL.
- DEFINED TERMS
TERMS USED HEREIN SHALL HAVE THE FOLLOWING MEANING:
- WORKING DAYS – DAYS FROM MONDAY TO FRIDAY, EXCLUDING PUBLIC HOLIDAYS;
- CLIENT– A NATURAL PERSON WHO HAS FULL LEGAL CAPACITY, A NATURAL PERSON ENGAGED IN AN ECONOMIC ACTIVITY, A LEGAL PERSON OR AN ENTITY WHICH IS NOT A LEGAL PERSON TO WHICH SPECIFIC PROVISIONS CONFER LEGAL CAPACITY, WHO PLACES AN ORDER THROUGH THE ONLINE SHOP OR MAKES USE OF OTHER SERVICES AVAILABLE IN THE ONLINE SHOP;
- civil code– ACT OF 23 APRIL 1964. CIVIL CODE (JOURNAL OF LAWS NO 16, ITEM 93 AS AMENDED);
- CONSUMER – A CUSTOMER WHO IS A CONSUMER WITHIN THE MEANING OF ARTICLE 22[1] OF THE CIVIL CODE;
- ENTERPRENOUR– A CUSTOMER WHO IS AN ENTREPRENEUR WITHIN THE MEANING OF ARTICLE 43[1] OF THE CIVIL CODE;
- TERMS AND CONDITIONS– THIS DOCUMENT;
- GOODS – A PRODUCT PRESENTED IN THE INTERNET SHOP, THE DESCRIPTION OF WHICH IS AVAILABLE AT EACH OF THE PRESENTED PRODUCTS;
- SALES CONTRACT– A CONTRACT FOR THE SALE OF GOODS WITHIN THE MEANING OF THE CIVIL CODE, CONCLUDED BETWEEN THE SELLER AND THE CUSTOMER;
- SERVICES– SERVICES PROVIDED BY THE SELLER TO CUSTOMERS VIA ELECTRONIC MEANS WITHIN THE MEANING OF THE ACT OF 18 JULY 2002 ON THE PROVISION OF SERVICES VIA ELECTRONIC MEANS (JOURNAL OF LAWS NO. 144, ITEM 1204, AS AMENDED);
- ACT ON CONSUMER RIGHTS – THE ACT OF 30 MAY 2014 ON CONSUMER RIGHTS (OJ 2014, NO. 827);
- ACT ON PROVISION OF SERVICES VIA ELECTRONIC MEANS – THE ACT OF 18 JULY 2002 ON THE PROVISION OF SERVICES VIA ELECTRONIC MEANS (JOURNAL OF LAWS NO. 144, ITEM 1204, AS AMENDED);
- ORDER– A DECLARATION OF THE CUSTOMER’S WILL AIMED DIRECTLY AT CONCLUDING A SALES CONTRACT, SPECIFYING IN PARTICULAR THE TYPE AND NUMBER OF GOODS.
III. TERMS OF USE OF THE ONLINE STORE
- USE OF THE ONLINE STORE IS POSSIBLE PROVIDED THAT THE INFORMATION AND COMMUNICATION SYSTEM USED BY THE CUSTOMER MEETS THE FOLLOWING MINIMUM TECHNICAL REQUIREMENTS:
- A COMPUTER OR MOBILE DEVICE WITH INTERNET ACCESS,
- ACCESS TO ELECTRONIC MAIL,
- INTERNET EXPLORER VERSION 11 OR NEWER, FIREFOX VERSION 28.0 OR NEWER, CHROME VERSION 32 OR NEWER, OPERA VERSION 12.17 OR NEWER, SAFARI VERSION 1.1 OR NEWER,
- ACTIVATION OF COOKIES AND JAVASCRIPT IN THE WEB BROWSER.
- USE OF THE ONLINE STORE MEANS ANY ACTION TAKEN BY THE CUSTOMER WHICH LEADS TO HIM/HER BECOMING FAMILIAR WITH THE CONTENTS OF THE STORE.
- THE CUSTOMER IS OBLIGED IN PARTICULAR TO:
- REFRAIN FORM PROVIDING AND TRANSMITTING CONTENT PROHIBITED BY LAW, E.G. CONTENT THAT PROMOTES VIOLENCE, IS DEFAMATORY OR INFRINGES ON THE PERSONAL RIGHTS AND OTHER RIGHTS OF THIRD PARTIES,
- USE THE ONLINE STORE IN A MANNER THAT DOES NOT INTERFERE WITH ITS OPERATION, IN PARTICULAR BY USING SPECIFIC SOFTWARE OR DEVICES,
- REFRAIN FROM TAKING ACTIONS SUCH AS: SENDING OR POSTING UNSOLICITED COMMERCIAL INFORMATION (SPAM) IN THE ONLINE STORE,
- USE THE ONLINE STORE IN A WAY THAT IS NOT BURDENSOME FOR OTHER CUSTOMERS AND FOR THE SELLER,
- USE ALL THE CONTENT OF THE ONLINE STORE EXCLUSIVELY FOR PERSONAL USE,
- USE THE ONLINE STORE IN A MANNER CONSISTENT WITH THE PROVISIONS OF LAW APPLICABLE IN THE TERRITORY OF THE REPUBLIC OF POLAND, THE PROVISIONS OF THESE TERMS AND CONDITIONS, AS WELL AS WITH THE GENERAL PRINCIPLES OF USING THE INTERNET NETWORK.
- SERVICES
- THE SELLER ENABLES FREE SERVICES THROUGH THE ONLINE SHOP, WHICH ARE PROVIDED BY THE SELLER 24 HOURS A DAY, 7 DAYS A WEEK.
- THE CUSTOMER MAY SEND A MESSAGE TO THE SELLER USING THE CONTACT FORM. THE CONTRACT FOR THE PROVISION OF A SERVICE CONSISTING IN THE PROVISION OF AN INTERACTIVE FORM ENABLING CUSTOMERS TO CONTACT THE SELLER IS CONCLUDED FOR A FIXED PERIOD OF TIME AND IS TERMINATED AS SOON AS THE CUSTOMER SENDS THE MESSAGE.
- THE CUSTOMER MAY MAKE INDIVIDUAL AND SUBJECTIVE STATEMENTS IN THE ONLINE SHOP RELATING TO, AMONG OTHER THINGS, THE GOODS OR THE COURSE OF THE TRANSACTION. BY ADDING SUCH STATEMENTS, THE CUSTOMER DECLARES THAT HE HOLDS ALL RIGHTS TO THEIR CONTENT, AND, IN PARTICULAR, COPYRIGHTS, PROPRIETARY AND INDUSTRIAL PROPERTY RIGHTS. A CONTRACT FOR THE PROVISION OF SERVICES CONSISTING IN POSTING OPINIONS ON GOODS IN THE ONLINE STORE SHALL BE CONCLUDED FOR A FIXED PERIOD OF TIME AND SHALL BE TERMINATED WHEN THE OPINION IS POSTED.
- STATEMENTS SHOULD BE WORDED IN A TRANSPARENT AND COMPREHENSIBLE MANNER AND, MOREOVER, THEY MUST NOT VIOLATE APPLICABLE LAWS, INCLUDING THE RIGHTS OF THIRD PARTIES – IN PARTICULAR, THEY MUST NOT BE DEFAMATORY, INFRINGE ON PERSONAL RIGHTS OR CONSTITUTE AN ACT OF UNFAIR COMPETITION. THE STATEMENTS POSTED SHALL BE DISTRIBUTED ON THE WEBSITE OF THE ONLINE STORE.
- THROUGH THE PUBLICATION OF A STATEMENT, THE CLIENT AGREES TO THE FREE USE OF THE STATEMENT AND ITS PUBLICATION BY THE SELLER, AS WELL AS TO THE PREPARATION OF DERIVATIVE WORKS WITHIN THE MEANING OF THE ACT ON COPYRIGHT AND RELATED RIGHTS (JOURNAL OF LAWS OF 1994 NO. 24 ITEM 83).
- THE SELLER HAS THE RIGHT TO ORGANIZE OCCASIONAL CONTESTS AND PROMOTIONS, THE CONDITIONS OF WHICH WILL BE SPECIFIED IN EACH CASE ON THE STORE’S WEBSITE. PROMOTIONS IN THE ONILNE STORE ARE NOT SUBJECT TO MERGING, UNLESS THE CONDITIONS OF A GIVEN PROMOTION PROVIDE OTHERWISE.
- SHOULD THE CUSTOMER ANY VIOLATE PROVISIONS CONTAINED HEREIN, THE SELLER, AFTER A PREVIOUS UNSUCCESSFUL CALL TO CEASE OR DESIST FROM THE VIOLATION, WITH A REASONABLE PERIOD OF NOTICE, MAY TERMINATE THE CONTRACT FOR THE PROVISION OF SERVICES WITH A 14-DAY NOTICE PERIOD.
- PROCEDURE FOR THE CONCLUSION OF A SALES CONTRACT
- INFORMATION ABOUT THE GOODS PROVIDED ON THE STORE’S WEBSITE, IN PARTICULAR THEIR DESCRIPTIONS, TECHNICAL AND FUNCTIONAL PARAMETERS AND PRICES, SHALL CONSTITUTE AN INVITATION TO CONCLUDE A CONTRACT, WITHIN THE MEANING OF ARTICLE 71 OF THE CIVIL CODE.
- ALL GOODS AVAILABLE IN THE ONLINE STORE ARE BRAND NEW AND HAVE BEEN LEGALLY INTRODUCED TO THE POLISH MARKET.
- THE CONDITION FOR PLACING AN ORDER IS HAVING AN ACTIVE E-MAIL ACCOUNT.
- WHEN PLACING AN ORDER VIA THE ORDER FORM AVAILABLE ON THE WEBSITE OF THE ONLINE STORE, THE ORDER IS PLACED BY THE CUSTOMER WITH THE SELLER IN AN ELECTRONIC FORM AND CONSTITUTES AN OFFER TO CONCLUDE A CONTRACT OF SALE OF THE GOODS SUBJECT TO THE ORDER. AN OFFER MADE IN AN ELECTRONIC FORM IS BINDING FOR THE CUSTOMER PROVIDED THAT THE SELLER SENDS A CONFIRMATION ACCEPTING THE ORDER TO THE E-MAIL ADDRESS PROVIDED BY THE CUSTOMER, WHICH CONSTITUTES THE SELLER’S DECLARATION OF ACCEPTANCE OF THE CUSTOMER’S OFFER AND A SALES CONTRACT IS CONCLUDED UPON ITS RECEIPT BY THE CUSTOMER.
- PLACING AN ORDER IN THE ONLINE STORE VIA TELEPHONE, BY SENDING AN E-MAIL OR BY SENDING A MESSAGE VIA THE CONTACT FORM TAKES PLACE ON WORKING DAYS AND HOURS INDICATED ON THE WEBSITE OF THE ONLINE STORE. THEREFORE, THE CUSTOMER SHOULD:
- DURING A TELEPHONE CALL, IN THE CONTENT OF AN ELECTRONIC MESSAGE OR IN THE CONTENT OF A MESSAGE SENT VIA THE CONTACT FORM ADDRESSED TO THE SELLER, INDICATE BOTH THE NAME OF THE GOODS AMONG THE GOODS ON THE STORE’S WEBSITE AND THEIR QUANTITY,
- INDICATE THE METHOD OF DELIVERY AND FORM OF PAYMENT FROM AMONG THE METHODS OF DELIVERY AND PAYMENT PROVIDED ON THE STORE’S WEBSITE,
- PROVIDE THE DATA NEEDED TO COMPLETE THE ORDER, IN PARTICULAR: FIRST AND LAST NAME, PLACE OF RESIDENCE AND E-MAIL ADDRESS.
- INFORMATION ON THE TOTAL VALUE OF THE ORDER REFERRED TO ABOVE IS PROVIDED EACH TIME BY THE SELLER ORALLY AFTER COMPLETION OF THE ENTIRE ORDER OR BY INFORMING VIA ELECTRONIC MESSAGE TOGETHER WITH THE INFORMATION THAT THE CONCLUSION OF A SALES CONTRACT BY THE CUSTOMER ENTAILS THE OBLIGATION TO PURCHASE THE ORDERED GOODS, AT THAT MOMENT THE SALES CONTRACT IS CONCLUDED.
- IN THE CASE OF A CUSTOMER WHO IS A CONSUMER, THE SELLER SHALL ALWAYS, AFTER RECEIVING AN ORDER VIA TELEPHONE, E-MAIL OR CONTACT FORM, SEND A CONFIRMATION OF THE CONDITIONS OF THE ORDER TO THE CUSTOMER.
- THE CONTRACT IS CONCLUDED WHEN THE CUSTOMER, WHO IS A CONSUMER (IN RESPONSE TO THE CONFIRMATION OF THE TERMS OF THE ORDER SENT BY THE SELLER) SENDS AN E-MAIL TO THE E-MAIL ADDRESS OF THE SELLER, IN WHICH THE CUSTOMER: ACCEPTS THE CONTENT OF THE SENT ORDER AND AGREES TO ITS EXECUTION AS WELL AS ACCEPTS THE CONTENT OF THE TERMS AND CONDITIONS AND CONFIRMS THAT HE HAS BEEN INFORMED ABOUT THE NOTICE CONCERNING WITHDRAWAL FROM THE CONTRACT.
- UPON THE CONCLUSION OF THE SALES CONTRACT, THE SELLER CONFIRMS TO THE CUSTOMER ITS TERMS AND CONDITIONS BY SENDING THEM TO THE CUSTOMER’S E-MAIL ADDRESS OR IN WRITING TO THE ADDRESS PROVIDED BY THE CUSTOMER.
- THE SALES CONTRACT IS CONCLUDED IN POLISH, WITH THE CONTENTS COMPLIANT WITH THE TERMS AND CONDITIONS.
- DELIVERY
- DELIVERY OF GOODS IS LIMITED TO THE TERRITORY OF THE EUROPEAN UNION AND IS MADE TO THE ADDRESS INDICATED BY THE CUSTOMER AT THE TIME OF PLACING AN ORDER.
- DELIVERY OF ORDERED GOODS IS DONE BY A COURIER COMPANY.
- THE SELLER INFORMS THE CUSTOMER, IN THE DESCRIPTION OF THE GOODS ON THE STORE’S WEBSITE, ABOUT THE NUMBER OF WORKING DAYS NEEDED TO COMPLETE THE ORDER AND ITS DELIVERY, AS WELL AS ABOUT THE FEES FOR THE DELIVERY OF GOODS.
- DELIVERY AND PERFORMANCE OF THE ORDER IS COUNTED IN WORKING DAYS IN ACCORDANCE WITH SEC. VII SUBSEC. 2.
- THE SELLER PROVIDES THE CUSTOMER WITH A PROOF OF PURCHASE.
- WHERE A DIFFERENT PERFORMANCE PERIOD IS PROVIDED FOR THE GOODS COVERED BY THE CONTRACT, THE LONGEST PERIOD SHALL APPLY FOR THE WHOLE CONTRACT.
VII. PRICES AND PAYMENT METHODS
- PRICES OF GOODS SHALL BE GIVEN IN POLISH ZLOTY AND SHALL INCLUDE ALL RELEVANT COMPONENTS, INCLUDING VAT, DUTIES AND OTHER CHARGES.
- THE CUSTOMER CAN SELECT THE FOLLOWING PAYMENT METHODS:
- BANK TRANSFER TO THE SELLER’S BANK ACCOUNT (IN THIS CASE, THE EXECUTION OF THE ORDER WILL BEGIN AFTER THE SELLER HAS SENT THE CUSTOMER A CONFIRMATION OF THE ORDER ACCEPTANCE, AND THE DISPATCH WILL BE MADE IMMEDIATELY AFTER THE FUNDS HAVE BEEN RECEIVED IN THE SELLER’S BANK ACCOUNT AND THE ORDER HAS BEEN COMPLETED);
- CASH UPON DELIVERY, PAYMENT MADE TO THE DELIVERY SUPPLIER AT THE TIME OF DELIVERY (IN THIS CASE, THE EXECUTION OF THE ORDER AND ITS DISPATCH WILL START AFTER THE SELLER HAS SENT THE CUSTOMER A CONFIRMATION OF ORDER ACCEPTANCE AND COMPLETED THE ORDER);
- ELECTRONIC PAYMENT (IN THIS CASE, THE EXECUTION OF THE ORDER WILL START AFTER THE SELLER HAS SENT THE CUSTOMER A CONFIRMATION OF ACCEPTANCE OF THE ORDER AND AFTER THE SELLER HAS RECEIVED INFORMATION FROM THE BILLING AGENT’S SYSTEM ABOUT THE PAYMENT MADE BY THE CUSTOMER, AND THE SHIPMENT WILL BE MADE IMMEDIATELY AFTER THE ORDER IS COMPLETED).
- THE SELLER INFORMS THE CUSTOMER, ON THE STORE’S WEBSITE, ABOUT THE DATE ON WHICH HE/SHE IS OBLIGED TO MAKE PAYMENT FOR THE ORDER. IF THE CUSTOMER FAILS TO PAY WITHIN THE PERIOD REFERRED TO IN THE PREVIOUS SENTENCE, THE SELLER, AFTER A PREVIOUS UNSUCCESSFUL REQUEST FOR PAYMENT WITH A REASONABLE NOTICE, MAY WITHDRAW FROM THE CONTRACT PURSUANT TO ARTICLE 491 OF THE CIVIL CODE.
VIII. RIGHT OF WITHDRAWAL
- THE CUSTOMER WHO IS A CONSUMER MAY WITHDRAW FROM THE CONTRACT WITH NO CAUSE BY SUBMITTING A STATEMENT TO THAT EFFECT WITHIN 14 DAYS. IN ORDER TO MEET THIS DEADLINE, IT IS SUFFICIENT TO SEND THE STATEMENT BEFORE ITS EXPIRY.
- THE CUSTOMER MAY FORMULATE THE DECLARATION HIMSELF OR USE THE TEMPLATE OF THE DECLARATION MADE AVAILABLE BY THE SELLER ON THE STORE’S WEBSITE.
- THE 14-DAY PERIOD SHALL BE CALCULATED FROM THE DATE OF DELIVERY OF THE GOODS OR, IN THE CASE OF A SERVICE CONTRACT, FROM THE DATE OF ITS CONCLUSION.
- THE SELLER, UPON RECEIPT OF THE CONSUMER’S STATEMENT OF WITHDRAWAL, SHALL SEND AN ACKNOWLEDGEMENT OF RECEIPT OF THE STATEMENT OF WITHDRAWAL TO THE CONSUMER’S E-MAIL ADDRESS.
- THE CONSUMER’S RIGHT OF WITHDRAWAL IS EXCLUDED IN CASE OF:
- PROVISION OF SERVICES, WHERE THE SELLER HAS PERFORMED THE SERVICE IN FULL WITH EXPRESS CONSENT OF THE CONSUMER, WHO WAS INFORMED BEFORE THE PERFORMANCE BEGAN THAT HE WOULD LOSE HIS RIGHT OF WITHDRAWAL AFTER THE SELLER HAS PERFORMED THE SERVICE;
- A CONTRACT WHERE THE PRICE OR REMUNERATION DEPENDS ON FLUCTUATIONS IN THE FINANCIAL MARKET WHICH ARE BEYOND THE SELLER’S CONTROL AND WHICH MAY OCCUR BEFORE THE WITHDRAWAL PERIOD EXPIRES;
- A CONTRACT WHERE THE SUBJECT MATTER OF THE PERFORMANCE IS UNPROCESSED GOODS MANUFACTURED TO THE CONSUMER’S SPECIFICATIONS OR MEETING HIS PERSONALISED NEEDS;
- A CONTRACT WHERE THE SUBJECT MATTER OF THE PERFORMANCE IS GOODS THAT ARE LIABLE TO DETERIORATE RAPIDLY OR HAVE A SHORT SHELF LIFE
- A CONTRACT WHERE THE SUBJECT MATTER OF THE PERFORMANCE IS GOODS SUPPLIED IN SEALED PACKAGING WHICH CANNOT BE RETURNED FOR HEALTH OR HYGIENE REASONS ONCE THE PACKAGING HAS BEEN OPENED AFTER DELIVERY;
- A CONTRACT WHERE THE SUBJECT MATTER OF THE PERFORMANCE IS PRODUCTS WHICH, BY THEIR NATURE, ARE INSEPARABLY CONNECTED WITH OTHER ITEMS AFTER DELIVERY;
- A CONTRACT WHERE THE SUBJECT MATTER OF THE PERFORMANCE IS ALCOHOLIC BEVERAGES, THE PRICE OF WHICH HAS BEEN AGREED UPON AT THE TIME OF CONCLUSION OF THE SALES CONTRACT, THE DELIVERY OF WHICH CAN ONLY TAKE PLACE AFTER 30 DAYS AND THE VALUE OF WHICH DEPENDS ON MARKET FLUCTUATIONS OVER WHICH THE SELLER HAS NO CONTROL;
- A CONTRACT WHERE THE CONSUMER HAS EXPLICITLY REQUESTED THE SELLER TO COME TO THE CONSUMER FOR URGENT REPAIR OR MAINTENANCE; IF THE SELLER PROVIDES SERVICES IN ADDITION TO THOSE REQUESTED BY THE CONSUMER OR GOODS OTHER THAN REPLACEMENT PARTS NECESSARY FOR THE PERFORMANCE OF THE REPAIR OR MAINTENANCE, THE RIGHT OF WITHDRAWAL SHALL APPLY TO THE CONSUMER IN RESPECT OF THE ADDITIONAL SERVICES OR GOODS;
- A CONTRACT WHERE THE SUBJECT MATTER OF THE PERFORMANCE IS SOUND, VISUAL OR COMPUTER PROGRAMS SUPPLIED IN SEALED PACKAGING AND WHERE THE PACKAGING HAS BEEN OPENED AFTER DELIVERY; SUPPLY OF NEWSPAPERS, PERIODICALS OR MAGAZINES, WITH THE EXCEPTION OF A SUBSCRIPTION AGREEMENT;
- A PUBLIC AUCTION CONTRACT;
- CONTRACT FOR THE PROVISION OF ACCOMMODATION OTHER THAN FOR RESIDENTIAL PURPOSES, CARRIAGE OF GOODS, CAR RENTAL SERVICES, CATERING, SERVICES RELATED TO LEISURE, ENTERTAINMENT, SPORTING OR CULTURAL EVENTS, WHERE THE CONTRACT SPECIFIES THE DAY OR PERIOD OF PERFORMANCE OF THE SERVICE;
- CONTRACT FOR THE SUPPLY OF DIGITAL CONTENT WHICH IS NOT RECORDED ON A TANGIBLE MEDIUM, WHERE PERFORMANCE HAS BEGUN WITH THE CONSUMER’S EXPRESS CONSENT BEFORE THE EXPIRY OF THE WITHDRAWAL PERIOD AND AFTER THE SELLER HAS INFORMED THE CONSUMER OF THE LOSS OF THE RIGHT OF WITHDRAWAL.
- IN THE CASE OF WITHDRAWAL FROM A DISTANCE CONTRACT, THE CONTRACT SHALL BE CONSIDERED AS NOT CONCLUDED. WHAT THE PARTIES HAVE PROVIDED IS RETURNED IN AN UNCHANGED STATE, UNLESS THE CHANGE WAS NECESSARY TO ASCERTAIN THE NATURE, CHARACTERISTICS AND FUNCTIONALITY OF THE GOODS. THE RETURN SHOULD BE MADE IMMEDIATELY, NOT LATER THAN WITHIN 14 DAYS. THE PURCHASED GOODS SHOULD BE RETURNED TO THE SELLER’S ADDRESS.
- THE SELLER SHALL REIMBURSE THE CONSUMER IMMEDIATELY, BUT NO LATER THAN 14 DAYS FROM THE DATE OF RECEIPT OF THE CONSUMER’S STATEMENT OF WITHDRAWAL, IN FULL, INCLUDING DELIVERY COSTS. THE SELLER SHALL REIMBURSE PAYMENTS USING THE SAME METHOD OF PAYMENT AS THE CONSUMER, UNLESS THE CONSUMER AGREES TO ANOTHER METHOD OF REIMBURSEMENT, WITHOUT THIS METHOD ENTAILING ANY ADDITIONAL COSTS FOR THE CONSUMER. THE SELLER MAY WITHHOLD REIMBURSEMENT OF PAYMENTS RECEIVED FROM THE CUSTOMER UNTIL THE GOODS HAVE BEEN RETURNED OR THE CUSTOMER HAS PROVIDED EVIDENCE OF HAVING SENT THE GOODS BACK, WHICHEVER OCCURS FIRST, UNLESS THE SELLER HAS OFFERED TO COLLECT THE GOODS FROM THE CUSTOMER HIMSELF.
- WHERE THE CONSUMER HAS CHOSEN A METHOD OF DELIVERY OTHER THAN THE CHEAPEST USUAL METHOD OF DELIVERY OFFERED BY THE SELLER, THE SELLER SHALL NOT BE OBLIGED TO REIMBURSE THE CONSUMER FOR THE ADDITIONAL COSTS INCURRED.
- THE CUSTOMER BEARS ONLY THE DIRECT COST OF RETURNING THE GOODS, UNLESS THE SELLER HAS AGREED TO BEAR THAT COST.
- WARRANTY CLAIMS
- THE SELLER IS OBLIGED TO DELIVER GOODS WITHOUT DEFECTS.
- THE SELLER SHALL BE LIABLE TO THE CUSTOMER WHO IS A CONSUMER BY VIRTUE OF THE WARRANTY FOR DEFECTS IN ACCORDANCE WITH THE PRINCIPLES SET OUT IN ARTICLE 556 – 576 OF THE CIVIL CODE. IN RELATION TO CUSTOMERS WHO ARE ENTREPRENEURS, THE WARRANTY IS EXCLUDED.
- WARRANTY CLAIMS RESULTING FROM INFRINGEMENT OF THE RIGHTS OF THE CUSTOMER GUARANTEED BY LAW OR ON THE BASIS OF THESE REGULATIONS SHOULD BE ADDRESSED TO GAMVIS MARCIN NAKLICKI, 10 PLAC INWALIDÓW STREET, ROOM 15 , 01 – 552 WARSAW , TO THE FOLLOWING E-MAIL ADDRESS: INFO@GAMVIS.EU, TELEPHONE NUMBER +48 601 797 329.
- IN ORDER FOR THE WARRANTY CLAIM TO BE PROCESSED, THE CUSTOMER SHOULD SEND OR DELIVER THE GOODS IN QUESTION, IF POSSIBLE ACCOMPANIED BY PROOF OF PURCHASE. THE GOODS SHOULD BE DELIVERED OR SENT TO THE ADDRESS INDICATED IN POINT 3.
- THE SELLER UNDERTAKES TO PROCESS EACH WARRANTY CLAIM WITHIN 14 DAYS.
- WHERE THERE ARE DEFICIENCIES IN THE WARRANTY CLAIM, THE SELLER WILL CALL ON THE CUSTOMER TO SUPPLEMENT IT TO THE EXTENT NECESSARY WITHOUT DELAY, BUT NO LATER THAN WITHIN 7 DAYS FROM THE DATE OF RECEIPT OF THE WARRANTY CLAIM.
- COMPLAINTS REGARDING THE PROVISION OF SERVICES BY ELECTRONIC MEANS
- THE CUSTOMER MAY SUBMIT COMPLAINTS TO THE SELLER IN RELATION TO THE FUNCTIONING OF THE SHOP AND THE USE OF SERVICES. COMPLAINTS MAY BE SUBMITTED IN WRITING TO THE FOLLOWING ADDRESS: GAMVIS MARCIN NAKLICKI, 10 PLAC INWALIDÓW STREET, ROOM 15, 01 – 552 WARSAW , E-MAIL ADDRESS: INFO@GAMVIS.EU, TELEPHONE NUMBER +48 601 797 329.
- IN THE COMPLAINT, THE CUSTOMER SHOULD PROVIDE HIS OR HER NAME, CORRESPONDENCE ADDRESS, TYPE AND DESCRIPTION OF THE ISSUE.
- THE SELLER UNDERTAKES TO PROCESS EACH COMPLAINT WITHIN 14 DAYS, AND IF THIS IS NOT POSSIBLE, TO INFORM THE CUSTOMER WITHIN THIS PERIOD WHEN THE COMPLAINT WILL BE PROCESSED. IN THE CASE OF DEFICIENCIES IN THE COMPLAINT, THE VENDOR SHALL CALL THE CUSTOMER TO SUPPLEMENT IT TO THE EXTENT NECESSARY WITHIN 7 DAYS FROM THE DATE OF RECEIPT OF THE CALL BY THE CUSTOMER.
XII. GUARANTEE
- THE GOODS MAY HAVE A SELLER’S GUARANTEE.
- IN THE CASE OF GOODS COVERED BY A GUARANTEE, INFORMATION CONCERNING THE EXISTENCE AND CONTENT OF THE GUARANTEE AS WELL AS THE TIME FOR WHICH IT WAS GRANTED IS ALWAYS PRESENTED IN THE DESCRIPTION OF GOODS ON THE STORE’S WEBSITE.
XIII. EXTRA-JUDICIAL MEANS OF RESOLVING COMPLAINTS AND PURSUING CLAIMS
- A CUSTOMER WHO IS A CONSUMER HAS, AMONG OTHERS, THE FOLLOWING POSSIBILITIES TO SEEK OUT-OF-COURT COMPLAINT HANDLING AND REDRESS:
- IS ENTITLED TO APPLY TO A PERMANENT AMICABLE CONSUMER COURT ACTING ALONGSIDE THE COMMERCIAL INSPECTION TO RESOLVE A DISPUTE ARISING FROM A CONCLUDED SALES CONTRACT;
- IS ENTITLED TO REQUEST THE PROVINCIAL COMMERCIAL INSPECTORATE TO INITIATE MEDIATION PROCEEDINGS FOR THE AMICABLE SETTLEMENT OF A DISPUTE BETWEEN A CUSTOMER AND A SELLER;
- IS ENTITLED TO OBTAIN FREE ASSISTANCE IN RESOLVING A DISPUTE BETWEEN A CUSTOMER AND A SELLER, ALSO USING THE FREE ASSISTANCE OF A DISTRICT (MUNICIPAL) CONSUMER OMBUDSMAN OR A SOCIAL ORGANISATION WHOSE STATUTORY TASKS INCLUDE CONSUMER PROTECTION (E.G. CONSUMER FEDERATION, POLISH CONSUMERS’ ASSOCIATION). ADVICE IS PROVIDED BY THE CONSUMER FEDERATION AT A TOLL-FREE CONSUMER HELPLINE NUMBER 800 007 707 AND BY THE ASSOCIATION OF POLISH CONSUMERS AT PORADY@DLAKONSUMENTOW.PL;
- BY SUBMITTING A COMPLAINT VIA THE EU’S INTERNET PLATFORM ODR, AVAILABLE AT: HTTP://EC.EUROPA.EU/CONSUMERS/ODR/.
XIV. PERSONAL DATA PROTECTION
PERSONAL DATA PROVIDED BY THE CUSTOMERS IS COLLECTED AND PROCESSED BY THE SELLER IN ACCORDANCE WITH THE APPLICABLE LAW AND IN ACCORDANCE WITH THE PRIVACY POLICY AVAILABLE ON THE STORE’S WEBSITE.
- FINAL PROVISIONS
- ALL RIGHTS TO THE ONLINE STORE, INCLUDING COPYRIGHT, INTELLECTUAL PROPERTY RIGHTS TO ITS NAME, INTERNET DOMAIN, WEBSITE OF THE ONLINE STORE, AS WELL AS FORMS, LOGOTYPES BELONG TO THE SELLER AND MAY BE USED ONLY IN A MANNER SPECIFIED AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS.
- SETTLEMENT OF ANY DISPUTES ARISING BETWEEN THE SELLER AND THE CUSTOMER WHO IS A CONSUMER SHALL BE SUBMITTED TO THE COURTS HAVING JURISDICTION IN ACCORDANCE WITH THE RELEVANT PROVISIONS OF THE POLISH CODE OF CIVIL PROCEDURE.
- THE SETTLEMENT OF ANY DISPUTES ARISING BETWEEN THE SELLER AND THE CUSTOMER WHO IS AN ENTREPRENEUR SHALL BE SUBMITTED TO THE COURT HAVING JURISDICTION OVER THE SELLER’S REGISTERED OFFICE.
- IN MATTERS NOT REGULATED HEREIN, THE PROVISIONS OF THE CIVIL CODE, THE ACT ON THE PROVISION OF ELECTRONIC SERVICES, THE ACT ON CONSUMER RIGHTS AND OTHER RELEVANT PROVISIONS OF POLISH LAW SHALL APPLY.
- ANY CHANGES TO THESE TERMS AND CONDITIONS WILL BE COMMUNICATED TO EACH CUSTOMER BY MEANS OF INFORMATION ON THE HOME PAGE OF THE ONLINE STORE, CONTAINING A SUMMARY OF THE CHANGES AND THEIR EFFECTIVE DATE. THE EFFECTIVE DATE OF THE CHANGES SHALL BE NO LESS THAN 14 DAYS FROM THE DATE OF THEIR ANNOUNCEMENT.