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TERMS AND CONDITIONS

ATTENTION! PLEASE NOTE THAT THE ENGLISH TERMS AND CONDITIONS ARE AUTOMATICALLY TRANSLATED FROM POLISH WHICH MAKES THE POLISH TERMS AND CONDITIONS THE ONLY CORRECT AND RELIABLE.

§ 1 Definitions

  • Working days – means the days of the week from Monday to Friday excluding public holidays.
  • Delivery – means the actual act of delivering to the Customer by the Seller, through the Supplier, the Goods specified in the order.
  • Supplier – means the courier company with which the Seller cooperates in making Delivery of Goods.
  • Password – means a sequence of letter, digital or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer’s Account in the Online Store.
  • Customer – means an entity to whom, in accordance with the Regulations and legal provisions, electronic services may be provided or with whom a Sales Agreement may be concluded.
  • Consumer – means a natural person making a legal transaction with an entrepreneur that is not directly related to his economic or professional activity.
  • Customer’s Account – means an individual panel for each Customer, launched for his/her benefit by the Seller, after the Customer registers and concludes a contract for the provision of the Customer’s Account service.
  • Login – means an individual designation of the Customer, established by him/her, consisting of a sequence of letter, digital or other characters, required together with the Password to establish a Customer Account in the Online Store. Login is the Customer’s proper e-mail address.
  • Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting in its own name a business or professional activity and performing a legal action directly related to its business or professional activity.
  • Regulations – means these regulations.
  • Registration – means an actual action performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.
  • Seller – means Katarzyna Kania – Tuleja conducting business under the name SEOPLUS Katarzyna Kania – Tuleja with its seat in Żywiec (34-300), ul. Piękna 1 , NIP: 945 203 83 65, registered in the Central Register and Information on Business Activity conducted by the Minister of Development; e-mail: kontakt@gotygu.com, which is also the owner of the Online Store.
  • Store Website – means the web pages under which the Seller operates the Online Store, operating at the domainwww.gotygu.com.
  • Goods – means a product presented by the Seller via the Store’s Website, which may be the subject of a Sales Contract.
  • Durable medium – means a material or tool that allows the Customer or Vendor to store information directed personally to the Customer, in a manner that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used, and that allows the reproduction of the stored information in an unchanged form.
  • Sales contract – means a contract of sale concluded remotely, under the terms of the Regulations, between the Customer and the Seller.

§ 2 General provisions and use of the Internet Store

  • All rights to the Online Store, including property copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to the templates, forms, logos posted on the Online Store Website (with the exception of logos and photos presented on the Online Store Website for the purpose of presentation of goods, the copyrights to which belong to third parties) belong to the Seller, and the use of these rights may be carried out only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
    The Seller will endeavor to make the use of the Online Store possible for Internet users using all popular Internet browsers, operating systems, device types and Internet connection types. The minimum technical requirements for using the Store’s Website are a web browser of at least Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 or later, with Javascript enabled, accepting cookies, and an Internet connection of at least 256 kbit/s. The Store’s Website is optimized for a minimum screen resolution of 1024×768 pixels.
    The Seller uses the mechanism of “cookies” files, which are saved by the Seller’s server on the hard drive of the Customer’s final device when Customers use the Store’s Website. The use of “cookies” is aimed at the proper operation of the Store Website on Customers’ terminal devices. This mechanism does not damage the Customer’s terminal device and does not cause configuration changes in the Customers’ terminal devices or the software installed on these devices. Each customer can disable the “cookies” mechanism in the browser of his/her end device. The Seller indicates that disabling “cookies” may, however, make it difficult or impossible to use the Store’s Website.
    In order to place an order in the Online Store via the Store’s Website and to use the services provided electronically via the Store’s Website, it is necessary for the Customer to have an active e-mail account.
    It is forbidden for the Customer to provide unlawful content and for the Customer to use the Online Store, the Online Store Website or free services provided by the Seller, in a manner contrary to the law, good morals or violating the personal rights of third parties.
    The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the risks indicated above. In particular, they should use antivirus and identity protection programs for Internet users. The Seller never asks the Customer to provide the Password in any form.

§ 3 Registration

  • In order to create a Customer Account, the Customer is required to make a free Registration.
  • Registration is necessary to place an order on the Online Store.
  • For Registration, the Customer should complete the registration form provided by the Seller on the Store’s Website and send the completed registration form electronically to the Seller by selecting the appropriate function found in the registration form. During Registration, the Customer sets an individual Password.
  • When filling out the registration form, the customer has the opportunity to read the Terms and Conditions, accepting their content by marking the appropriate box in the form.
  • During Registration, the Customer may voluntarily consent to the processing of his/her personal data for marketing purposes by checking the appropriate box on the Registration form. In this case, the Vendor shall clearly inform about the purpose of collecting the Customer’s personal data, as well as about the known or anticipated recipients of such data to the Vendor.
  • The Customer’s consent to the processing of his/her personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the electronic provision of the Customer Account service. Consent may be withdrawn at any time, by submitting an appropriate statement of the Customer to the Seller. The statement may, for example, be sent to the Seller’s address via e-mail.
  • After submitting the completed registration form, the Customer will immediately receive, by e-mail to the e-mail address provided in the registration form, confirmation of the Registration by the Seller. As of this moment, the contract for electronic provision of the Customer Account service is concluded, and the Customer obtains the ability to access the Customer Account and make changes to the data provided during Registration.

§ 4 Orders

  • The information contained on the Store’s Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a sales contract.
  • The customer can place orders in the Online Store via the Store’s Website 7 days a week, 24 hours a day.
  • A customer placing an order via the Store’s Website, completes the order by selecting the Goods in which he is interested. Adding Goods to an order is done by selecting the “ADD TO CART” command under the given Goods presented on the Store’s Website. After completing the entire order and indicating in the “CART” the method of Delivery and form of payment, the Customer places the order by sending the order form to the Seller, selecting the “BUY AND PAY” button on the Store’s Website. Each time before an order is shipped to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as all additional costs he is obliged to pay in connection with the Sales Agreement.
  • Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Contract for the Goods that are the subject of the order.
  • Once the order is placed, the Seller sends a confirmation of the order to the e-mail address provided by the customer.
  • Then, after confirming the order, the Seller sends information to the e-mail address provided by the Customer about acceptance of the order for processing. Information on acceptance of the order for execution is a statement by the Seller on acceptance of the offer referred to in §4 paragraph. 4 above and as soon as the Customer receives it, the Sales Agreement is concluded.
  • After the conclusion of the Sales Contract, the Seller confirms the terms and conditions of the Contract to the Customer by sending them in a durable medium to the Customer’s e-mail address or in writing to the address indicated by the Customer during Registration or order placement.

§ 5 Payments

  • The prices on the Store’s Website posted next to a given Goods are gross prices and do not include information regarding delivery costs and any other costs that the customer will be required to pay in connection with the sales contract, which the customer will be informed about when selecting the delivery method and placing the order.
  • The customer may choose the following forms of payment for the ordered Goods:
    • bank transfer to the Seller’s bank account (in this case, the execution of the order will begin after the Seller sends the Customer a confirmation of acceptance of the order and after the receipt of funds in the Seller’s bank account);
    • cash on delivery, payment to the Supplier at the time of delivery (in this case, order processing will be initiated after the Seller sends the Customer a confirmation of order acceptance);
    • cash on delivery in person – payment at the Seller’s office (in this case, the execution of the order will be carried out immediately after the Seller sends the Customer a confirmation of order acceptance, and the Goods will be issued at the Seller’s office).
  • The customer is each time informed by the Seller on the Store’s Website about the date by which he is required to make payment for the order in the amount resulting from the concluded Sales Contract.
  • If the Customer fails to make payment within the time limit referred to in §5 paragraph. 3 of the Terms and Conditions, the Seller shall set an additional time limit for the Customer to make payment and inform the Customer about it in a durable medium. The information about the additional time limit for payment shall also include the information that upon the ineffective expiration of this period, the Seller will withdraw from the Sales Agreement. In case of ineffective expiration of the second period for payment, the Seller will send the Customer on a durable medium a statement of withdrawal from the contract pursuant to Art. 491 of the Civil Code.

§ 6 Delivery

  • The Seller is obliged to deliver the Goods subject to the Sales Contract without defects.
  • The Seller shall post on the Store’s Website information about the number of Business Days required for Delivery and processing of the order.
  • The Delivery and Order Fulfillment Deadline indicated on the Store’s Website is calculated in Business Days in accordance with §5 paragraph. 2 of the Regulations.
  • The Delivery and Order completion date indicated on the Store’s Website is calculated in Business Days from the date of conclusion of the Sales Agreement in case the Customer chooses the “cash on delivery” payment option.
  • The ordered Goods are delivered to the Customer via the Supplier at the address indicated in the order form.
  • On the day of shipment of the Goods to the Customer (if the possibility to pick up the Goods in person has not been selected), information confirming the shipment by the Seller is forwarded to the Customer’s e-mail address.
  • The customer is obliged to examine the delivered shipment at the time and in the manner usual for shipments of the type in question. If the shipment is found to be damaged or defective, the Customer has the right to request that an employee of the Supplier write a proper protocol.
  • The customer has the opportunity to pick up the ordered Goods in person. Pickup can be made at the Seller’s office on Business Days, after arranging with the Seller in advance a pickup date via e-mail or by phone.
  • The Seller, in accordance with the Customer’s will, shall attach to the shipment being delivered either a receipt or a VAT invoice covering the delivered Goods.
  • In the event of the Customer’s absence at the address specified by the Customer, given when placing the order as the Delivery address, the Supplier’s employee will leave an advice note or attempt to contact the Customer by telephone to arrange a time when the Customer will be present. If the ordered Goods are returned to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or telephone, setting again with the Customer the date and cost of Delivery.

§ 7 Warranty

  • The Seller shall ensure Delivery of Goods free of physical and legal defects. The Seller is responsible to the Customer if the Goods have a physical or legal defect (warranty).
  • If the Goods have a defect, the Customer may:
    • make a statement about reducing the price or withdrawing from the Sales Agreement, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective Goods with defect-free ones 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 failed to comply with the obligation to replace the Goods with defect-free Goods or remove defects. The Client may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Goods with defect-free Goods or, instead of replacing the Goods, demand the removal of the defect, unless bringing the Goods into conformity with the agreement in the manner chosen by the Client is impossible or would require excessive costs in comparison with the manner proposed by the Seller. In assessing the unreasonableness of costs, the value of the Goods free of defects, the nature and significance of the defect found shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the Customer.

    • Demand that the defective Goods be replaced with defect-free Goods or that the defect be removed. The Seller shall replace the defective Goods with defect-free ones or remove the defect within a reasonable time without undue inconvenience to the Customer.

      The Seller may refuse to satisfy the Customer’s request if bringing the defective Goods into conformity with the Contract of Sale in the manner chosen by the Customer is impossible or, compared with the other possible way of bringing them into conformity with the Contract of Sale, would require excessive costs. The cost of repair or replacement shall be borne by the Seller.

  • The customer who exercises warranty rights is obliged to deliver the defective thing to the Seller’s address. In the case of a Customer who is a Consumer, the cost of delivery is covered by the Seller.
  • The Seller shall be liable under warranty if the physical defect is discovered before the expiration of two years from the release of the Goods to the Customer. A claim for removal of a defect or replacement of the Goods with defect-free Goods shall be barred by the statute of limitations of one year, but this period shall not end before the expiration of the period specified in the first sentence. Within this period, the customer may withdraw from the Sales Agreement or make a statement on price reduction due to a defect in the Goods. If the Customer has requested replacement of the Goods with defect-free goods or removal of the defect, the time limit for withdrawal from the Sales Agreement or submission of a statement on price reduction shall begin upon the ineffective expiration of the time limit for replacement of the Goods or removal of the defect.
  • The seller does not use the out-of-court dispute resolution referred to in the Law of September 23, 2016, on out-of-court resolution of consumer disputes.

§ 8 Complaints

  • Any complaints related to the Goods or the performance of the Sales Contract, the Customer may address in writing to the Seller’s address.
  • The Seller shall, within 14 days from the date of the request containing the complaint, respond to the complaint of the Goods or the complaint related to the implementation of the Sales Contract reported by the Customer.
  • The customer may file a complaint with the Seller in connection with the use of free services provided electronically by the Seller. The complaint can be submitted electronically and sent to reklamacje@avebmx.pl. The customer should include a description of the problem in the complaint. The seller shall promptly, but no later than within 14 days, consider complaints and respond to the customer.
  • The Customer may use the Complaint Form provided by the Seller: Complaint Form.

§ 9 Withdrawal from the Sales Agreement

  • A customer who is a Consumer who has concluded a Sales Contract may withdraw from it within 14 days without stating a reason.
  • The period for withdrawal from the Sales Contract shall begin from the moment the Consumer takes possession of the Goods.

    The consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. This statement can be made, for example, in writing to the address of the Seller, by e-mail to the address of the Seller. The declaration can be made on a form, a model of which is posted by the Seller on the Store’s Website at: Withdrawal Form. To meet the deadline it is sufficient to send the statement before its expiration.

    A consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller via the form made available on the website at: Electronic Withdrawal Form. To meet the deadline it is sufficient to send the statement before its expiration. The Seller shall immediately confirm to the Consumer the receipt of the form submitted via the website.

  • In the event of withdrawal from the Sales Contract, it is considered not concluded.
  • If the Consumer has made a statement of withdrawal from the Sales Contract before the Seller has accepted his offer, the offer ceases to be binding.
  • The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Sales Contract, return to him all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold reimbursement of payments received from the Consumer until it receives back the Goods or the Customer provides proof of return of the Goods, whichever event occurs first.
  • If the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by the Consumer.
  • The Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline it is sufficient to send back the Goods to the Seller’s address before the deadline.
  • In the event of withdrawal, the Customer who is a Consumer shall bear only the direct costs of returning the Goods.
  • If, due to its nature, the Goods cannot be returned by regular mail, the Seller shall inform the Consumer about the cost of returning the item on the Store’s Website.
  • The consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
  • The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for the Consumer.

§ 10 Free services

  • The Seller provides services to Customers, electronically, free of charge:
    • Newsletter;
    • Maintaining a Customer Account.
  • The services indicated in §11 para. 1 above are provided 7 days a week, 24 hours a day.
  • The Seller reserves the right to choose and change the type, forms, time and manner of granting access to the selected listed services, of which it will inform the Customers in a manner appropriate for changing the Terms and Conditions.
  • The Newsletter service may be used by any Customer who enters his/her e-mail address, using the registration form provided by the Seller on the Store’s Website. After submitting the completed registration form, the customer will immediately receive, by e-mail to the e-mail address provided in the registration form, confirmation by the Seller. At that moment, the contract for electronic provision of Newsletter service is concluded.

    The Customer may additionally, during Registration, check the appropriate box in the Registration form to subscribe to the Newsletter service.

  • Newsletter service consists of sending by the Seller, to the e-mail address, messages in electronic form containing information about new products or services in the Seller’s offer. The newsletter is sent by the Seller to all Customers who have subscribed.
  • Each Newsletter addressed to the Customers’ data contains, in particular: information about the sender, filled in field “subject”, defining the content of the parcel and information about the possibility and manner of cancelling the free Newsletter service.
  • The Customer may unsubscribe from the Newsletter at any time by unsubscribing via the link provided in each email sent as part of the Newsletter service or by activating the appropriate field in the Customer Account.
  • The Customer Account Service is available after registration according to the rules described in the Terms and Conditions and consists in providing the Customer with a dedicated panel within the Store’s Website, allowing the Customer to modify the data he/she provided during Registration, as well as to track the status of orders and the history of orders already completed.
  • A Customer who has made a Registration may submit a request for deletion of a Customer Account to the Vendor, however, in case of a request for deletion of a Customer Account by the Vendor, it may be deleted up to 14 days after the request.
  • The Vendor is entitled to block access to the Client’s Account and free services, in case of the Client’s actions to the detriment of the Vendor or other Clients, the Client’s violation of the law or the provisions of the Terms and Conditions, as well as when blocking access to the Client’s Account and free services is justified for security reasons – in particular: the Client’s breaking the security of the Store’s Website or other hacking activities. The blocking of access to the Customer’s Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue forming the basis for the blocking of access to the Customer’s Account and free services. The Seller shall notify the Client about blocking access to the Client’s Account and free services by e-mail to the address provided by the Client in the registration form.

§ 11 Personal data protection

  • The administrator of Customers’ personal data provided to the Seller voluntarily within the framework of Registration, submission of a one-time order and within the framework of provision of electronic services by the Seller or within the framework of other circumstances specified in the Regulations, is the Seller.
  • The Seller processes Customers’ personal data for the purpose of processing orders, providing electronic services by the Seller and other purposes specified in the Regulations. The data is processed only on the basis of the law or the consent given by the Client in accordance with the applicable legal regulations.
  • The collection of personal data provided to the Seller is reported by the Seller to the General Inspector of Personal Data Protection.
  • The Customer provides his/her personal data to the Vendor voluntarily, with the proviso, however, that failure to provide certain data during the Registration process makes it impossible to register and set up a Customer Account and makes it impossible to place and fulfill the Customer’s order, in the case of placing an order without Customer Account Registration.
  • Anyone who provides the Seller with his personal data has the right to access their content and to correct them or demand their deletion, and in cases provided by law to demand the cessation of processing of his personal data.
  • The Vendor provides the possibility to delete personal data from the maintained collection, in particular in case of deletion of the Customer Account. The vendor may refuse to delete personal data if the customer has not paid all amounts due to the vendor or has violated applicable laws, and the preservation of personal data is necessary to clarify these circumstances and determine the responsibility of the customer.
  • The vendor protects the personal data provided to it and makes every effort to protect it from unauthorized access or use by unauthorized persons.
  • The Seller transfers the Customer’s personal data to the Supplier to the extent necessary for the Delivery.

§ 12 Termination of the agreement (does not apply to Sales Agreements)

  • Both the Customer and the Vendor may terminate the contract for the provision of services by electronic means at any time and without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the aforementioned contract. Agreement and the provisions below.
  • A Customer who has made a Registration terminates the contract for the provision of services by electronic means, by sending to the Vendor an appropriate statement of intent, using any means of remote communication, allowing the Vendor to become acquainted with the Customer’s statement of intent.
  • The Seller shall terminate the contract for the provision of services by electronic means by sending to the Customer an appropriate statement of intent to the e-mail address provided by the Customer during Registration.

§ 13 Final provisions

  • The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the case of intentional damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
  • The content of these Terms and Conditions may be recorded by printing, saving to a media or downloading at any time from the Store’s Website.
  • If a dispute arises under the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The governing law for the resolution of any disputes arising under these Terms and Conditions shall be Polish law.
  • The Seller shall inform the Customer who is a Consumer about the possibility of using out-of-court ways to handle complaints and claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court. These may include, in particular, consumer ombudsmen or Provincial Inspectorates of Commercial Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php.

    The seller informs that at http://ec.europa.eu/consumers/odr/ there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform).

  • The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution before the effective date of the new Regulations are executed on the basis of the Regulations that were in effect on the date the customer placed the order. The amendment to the Terms and Conditions shall become effective within 7 days from the date of publication on the Store’s Website. The Seller will inform the Customer 7 days before the new Terms and Conditions come into effect about the change in the Terms and Conditions by means of a message sent via e-mail containing a link to the text of the amended Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions, he is obliged to notify the Seller, which results in termination of the contract in accordance with the provisions of the Terms and Conditions.
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