- Postal Address – name and surname or name of the institution, location in the town (in the case of a town divided into streets: street, building number, apartment number or premises; in the case of a town not divided into streets: name of the town and property number), postal code and town.
- Complaint address – it should be understood as the address of Gajka Agnieszka Czerniawska, Łupstych 33d, 11-041 Olsztyn.
- Contact details – it is understood that Gajka Agnieszka Czerniawska, Łupstych 33d, 11-041 Olsztyn, e-mail: [email protected], phone 608528159.
- Delivery – a type of transport service including the definition of the carrier and the cost listed in the price list of supplies located at www.gajka.pl
- Proof of purchase – invoices issued in accordance with the Law on Value Added Tax of March 11, 2004 as amended and other applicable laws.
- Customer – an adult natural person with full legal capacity, legal person or organizational unit without legal personality but with legal capacity, making a purchase with the Seller associated directly with its business or professional activities.
- product card – a single subpage of the store containing information about a single product
- Civil Code – the Civil Code Act of 23 April 1964 as amended.
- Code of Good Practice – a set of rules of conduct, in particular the ethical and professional standards referred to in Article 2, point. 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007 as amended.
- Consumer – an adult individual with full legal capacity, making a purchase from the Seller not directly related to their business or professional activities
- shopping cart – a list of products drawn from the products offered in the store based on the Buyer’s choices.
- Buyer – both Consumer and Customer.
- Place of delivery – postal address or collection point indicated in the order by the Buyer.
- Moment of release – the moment when the Buyer or a third party indicated by him to take possession of the goods.
- Payment – a method of payment for the subject of the contract and delivery.
- consumer law – the Consumer Rights Act of 30 May 2014.
- product – the minimum and indivisible quantity of things that can be the subject of an order, which is given in the Seller’s store as a unit of measurement when determining its price (price/unit).
- the subject of the contract – the products and delivery that are the subject of the contract.
- Subject of performance – the subject of the contract.
- Collection point – the place of issue of the items that is not a postal address, listed in the list provided by the Seller in the store.
- Things – movable thing that can be or is the subject of the contract.
- Store – the online service available at www.gajka.pl through which the Buyer can place an order.
- Seller – means Gajka Agnieszka Czerniawska, Łupstych 33d, 11-041 Olsztyn, e-mail: [email protected], phone 608528159
- System – a set of cooperating IT devices and software, providing processing and storage, as well as sending and receiving data through telecommunication networks by means of a terminal device appropriate for the type of network, commonly referred to as the Internet.
- Delivery time – the number of hours or working days specified in the product card.
- Contract – a contract concluded off-premises or at a distance within the meaning of the Consumer Rights Act of 30 May 2014 for Consumers and a contract of sale within the meaning of Article 535 of the Civil Code Act of 23 April 1964 for Buyers.
- Defect – both physical defect and legal defect.
- Physical defect – non-compliance of the sold thing with the agreement, in particular if the thing:
– does not have the properties that a thing of this kind should have because of the purpose specified in the contract or resulting from the circumstances or purpose;
– does not have the properties, about the existence of which the Seller assured the Consumer,
– is not suitable for the purpose, about which the Consumer informed the Seller at the conclusion of the agreement, and the Seller has not raised any reservations as to such purpose;
– was given to the Consumer in an incomplete state;
– in the event of incorrect assembly and start-up, if these activities have been carried out by the Seller or a third party for which the Seller assumes liability, or by the Consumer who acted in accordance with the instructions received from the Seller;
– it does not have the properties, which were assured by the manufacturer or his representative or the person, who introduces the thing to the market within the scope of his business activity and the person, who by placing his name, trademark or other distinctive sign on the sold thing presents himself as the manufacturer, unless the Seller did not know those assurances and, judging reasonably, could not have known or they could not have influenced the Consumer’s decision to conclude the agreement, or if their content has been corrected before the conclusion of the agreement.
- Legal defect – a situation where the sold thing is owned by a third party or is encumbered with a right of a third party, and also if the restriction in the use or disposal of the thing results from a decision or ruling of a competent authority. 30.
- Order – a declaration of will of the Buyer made through the store, specifying unambiguously: the type and quantity of products; type of delivery; type of payment; place of delivery of items, Buyer’s data and aiming directly at concluding a contract between the Buyer and Seller.
II. General conditions
- The contract is concluded in the Polish language, in accordance with Polish law and these Regulations.
- The place of delivery of the items must be located in the territory of the Republic of Poland.
- The Seller is obliged and undertakes to provide services and deliver items free from defects.
- All prices given by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the price list.
- Any time limits are calculated in accordance with Article 111 of the Civil Code, which means that a period of days ends with the expiry of the last day, and if the beginning of a period of days is an event, the day on which the event occurred is not included in the calculation of the deadline.
- Confirmation, access, recording, preservation of all material provisions of the contract for future access to such information may occur in the form of:
(a) Confirmation of the order by sending to the indicated e-mail address: order, pro forma invoice, information about the right to withdraw from the contract, these regulations in pdf version, links to download the regulations and withdrawal template on your own;
b) Attach to the completed order, sent to the designated place of delivery of items printed: proof of purchase, these terms and conditions.
- Seller informs about known warranties granted by third parties for the products in the store.
- Buyer can take advantage of the option to remember his data by the store to facilitate the process of placing another order. For this purpose, the Buyer should provide a login and password necessary to access their account. Login and password are a string of characters determined by the Buyer, who is obliged to keep them secret and protect them against unauthorized access by third parties. Buyer has at any time the ability to inspect, correct, update data and delete the account in the store.
- Seller applies to the code of good practice.
III. Conclusion of contract and performance
- Orders can be placed 24 hours a day, 7 days a week.
- In order to place an order the Buyer should perform at least the following actions, some of which may be repeated several times:
– adding the product to the cart;
– choosing the type of delivery;
– selection of the place of delivery;
– placing an order by using the “Confirm purchase” button.
- Conclusion of the contract with the Consumer is a moment of placing an order.
- Implementation of the Consumer order paid by bank transfer, payment card via electronic payment system, after crediting the payment of the Consumer to the account of the Seller, which should take place within 30 days from ordering, unless the Consumer was unable to fulfill the contract due to no fault of his own and informed the Seller about it.
- The contract with the Consumer is concluded when the order is accepted by the Seller, of which the Seller informs the Consumer within 48 hours of ordering.
- Implementation of the Customer’s order paid by bank transfer or via electronic payment system after concluding the contract and crediting the payment to the account of the Seller.
- Implementation of the Customer’s order may be conditional on payment of all or part of the contract or obtaining trade credit limit of at least the contract value.
- The subject of the contract shall be sent within 14 working days. The time limit starts to run when the order is completed. The exception are orders placed during the promotions or contests announced on Facebook and the store’s blog. The execution time for these orders is 10 working days from the moment of crediting the money to the account. In addition, some products due to very high interest have a longer lead time of 10 or 14 working days – the relevant information is shown in red next to the price and the name of the specific product.
- The purchased subject of the contract is, together with a sales document selected by the Buyer is sent by a delivery method selected by the Buyer to the place of delivery indicated by the Buyer in the order, along with the attachments referred to in §2 point 6b.
IV. Complaint, return and warranty
In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product towards the customer is excluded.
The Seller does not accept the return of ordered goods, whether marked or without marking.
Each Customer has the right to make a complaint if they receive goods that are inconsistent with the contract. Complaints must be filed within 14 calendar days of receipt of goods. In order to file a complaint, a message should be sent to the address of complaint with a description of the reason for complaint, including proof of purchase.
The Seller responds to customer complaints within 14 working days.
The Seller will decide whether the complaint is accepted.
The Seller does not accept any claims regarding the goods that are in accordance with the agreement, i.e.:
a) has properties that have been agreed between the Customer and the Seller,
b) is not suitable for the use that was specified in the contract,
c) the claim shall not be subject to the color differences of the prints,
d) the claim shall not be subject to the lack of consistency of colors of the printout with the screen image,
In case of accepting the Client’s complaint, the Seller shall replace the goods with a new one within no less than 7 calendar days and no more than 21 calendar days from positive resolution of the complaint or – if this is not possible due to lack of stock of the item – the Seller shall return the funds to the Client’s bank account from which the payment for the order was made.
In the case of positive consideration of the complaint by the Seller, the advertised goods will be repaired, and if repair is not possible, the terms of compensation will be determined individually – a discount or reimbursement of costs incurred by the customer.
Names and dimensions of the products offered by the Seller are symbolic and are not subject to any standards. Any reference in reality based on these terms is impossible. Dimensions within one size and one manufacturer may vary and similarities should not be implied when comparing two different models from the same manufacturer in the same size. This also applies to colors, which can vary not only by manufacturer but also by garment model. Color differences also apply when comparing the garment purchased versus the colors presented in the pattern book. This is due to the fact that it is not possible to reproduce real colors on a computer monitor or on paper. The color names are individual symbolic names given by the clothing manufacturer.
On the basis of the exclusion, according to Article 38 paragraph 3 of the Consumer Rights Act, it is not possible to return goods produced according to the Customer’s indications and specifications. The Seller provides such services, so it is not possible to return the goods.
Complained goods should be delivered by the Customer to the Seller’s address. If the advertised goods were previously distributed to other recipients, the cost of collecting the advertised goods is borne by the Customer.
A Customer who is a consumer has, among others, the following options of using out-of-court complaint handling and claim investigation methods:
is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement.
is entitled to apply to the regional inspector of the Trade Inspection to initiate mediation proceedings for the amicable termination of the dispute between the Customer and the Seller.
Personal data of the Client are processed by the Seller as the administrator of personal data.
Providing personal data by the Client is voluntary, but necessary in order to set up an Account, use certain Electronic Services, conclude an Agreement.
Seller uses appropriate technical and organizational measures to ensure the protection of processed personal data.
As a rule, depending on the use of specific functionalities, the Customer has the right to lodge a complaint to the authority competent for the protection of personal data, the right to object, the right to access his or her personal data, to demand their rectification, erasure, restriction of processing and data portability.
VI. Final provisions
- None of the provisions of these terms and conditions is intended to violate the Buyer’s rights. It can also not be interpreted in this way, because in the case of any part of the rules and regulations inconsistency with applicable law, the Seller declares his unconditional compliance and application of this law in place of the contested provision of the rules and regulations.
- Registered Buyers will be notified about changes to the Regulations and their scope by e-mail (to the e-mail indicated at registration or order). The notice will be sent at least 30 days before the new regulations come into force. Changes will be made in order to adapt the regulations to the current legal status.
- The current version of the rules is always available to the Buyer in the bookmark regulations (www.gajka.pl). During the implementation of the contract and throughout the period of after-sales care Buyer is bound by the rules accepted by him when placing the order.
- In matters not covered by these rules shall be applicable to the relevant applicable laws. Any disputable issues, if the Consumer so wishes, shall be resolved through mediation proceedings before the Provincial Inspectorate of Trade Inspection or arbitration court at the Provincial Inspectorate of Trade Inspection or through equivalent and lawful methods of pre-court or out-of-court dispute resolution indicated by the Consumer. As a last resort, the case is resolved by a court of local and material competence.