REGULATIONS OF THE GIGGI.EU ONLINE STORE
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS OF CONCLUDING A SALES AGREEMENT
4. PAYMENT METHODS
5. COST, DATE AND METHODS OF DELIVERY
6. CONDITIONS FOR TERMINATING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
7. COMPLAINT PROCEDURE
8. RIGHT TO WITHDRAW FROM THE CONTRACT
9. PROVISIONS APPLICABLE TO ENTREPRENEURS
10. FINAL PROVISIONS
- GENERAL PROVISIONS
1.1. The Online Store available at the Internet address www.giggi.eu is run by JAROSŁAW DUDEK running a business under the name DUDEK JAROSŁAW DUDEK (business address and correspondence address: ul. Do lasku 8, 43-365 Wilkowice) entered into the Central Register and Information on the Economic Activity of the Republic of Poland kept by the minister responsible for economy, NIP 9372531282, REGON 243599299, e-mail address: shop@giggi.eu.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store (except for point 9 of the Regulations, which is addressed only to entrepreneurs). The provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory legal provisions – any possible doubts are resolved in favor of the consumer. In the event of inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail.
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for the purposes, within the scope and based on the principles indicated in the privacy policy published on the Online Store’s website. Providing personal information is voluntary. Each person whose personal data is processed by the Service Provider has the right to view their content and the right to update and correct them.
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
1.4.6. ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider’s IT system in which the Service Recipient’s data is collected, including information about placed Orders.
1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using it to automatically receive the content of subsequent editions of the newsletter containing information about Products in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS – these regulations of the Online Store.
1.4.10. ONLINE STORE – Service Provider’s Online Store available at the Internet address: www.giggi.eu.
1.4.11. SELLER; SERVICE PROVIDER – JAROSŁAW DUDEK running a business under the name DUDEK JAROSŁAW DUDEK (business address and correspondence address: ul. Do lasku 8, 43-365 Wilkowice) entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, NIP 9372531282, REGON 243599299, e-mail address: shop@giggi.eu..2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store (except for point 9 of the Regulations, which is addressed only to entrepreneurs). The provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory legal provisions – any possible doubts are resolved in favor of the consumer. In the event of inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail.
1.4.12. SALES AGREEMENT – a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT – a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the Electronic Service.
1.4.15. ORDER – the Customer’s declaration of will submitted using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account – using the Account is possible after completing a total of three subsequent steps – (1) completing the Registration Form, (2) clicking the “Register” field and (3) confirming the intention to create an Account by clicking on the confirmation link sent to the provided e-mail address. In the Registration Form, it is necessary to provide the following data of the Service User: name, e-mail address and password.
2.1.2. Order Form – the use of the Order Form begins when the first Product is added to the electronic cart in the Online Store. An order is placed after completing the Order Form and clicking the “Order Confirmation” field – until then, you can modify the entered data yourself (to do this, follow the displayed messages and information available on the Online Store website). It is necessary to provide the following data in the Order Form: name and surname/company name, address (street, house/apartment number, postal code, city, province, country), e-mail address, contact telephone number, Product(s), quantity of Product(s). , place and method of delivery, method of payment. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.3. Newsletter – you can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account – when the Account is created, the Service Recipient is subscribed to the Newsletter.
2.2. The use of Electronic Services by the Service Recipient is free of charge.
2.2.1. The Account and Newsletter in the Online Store are provided for an indefinite period of time.
2.2.2. The use of the Order Form is one-time and ends when the Order is placed via it.
2.3. Technical requirements necessary for cooperation with the IT system used by the Service Provider:
2.3.1. A computer, laptop or other multimedia device with Internet access.
2.3.2. Access to e-mail.
2.3.3. Internet browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version12.0.0 and higher.
2.3.4. Recommended screen resolution: 1024×7682.3.5. Enabling the ability to save cookies and JavaScript support in the web browser.
2.4. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account the respect for personal rights and intellectual property rights of third parties.
2.5. The service recipient is obliged to enter data consistent with the actual situation.
2.6. The Service Recipient is prohibited from providing illegal content.
3. CONDITIONS OF CONCLUDING A SALES AGREEMENT
3.1. Announcements, advertisements, price lists and other information about Products provided on the Online Store’s websites, in particular their descriptions, technical and operational parameters and prices, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
3.2. The Product price displayed on the Online Store website is given in Polish zlotys and includes all components, including VAT and customs duties. However, the prices do not include possible delivery and payment costs, which are indicated when placing the Order.
3.3. The Product price displayed on the Online Store website is binding at the time the Customer places the Order. This price will not change regardless of price changes in the Online Store, which may appear in relation to individual Products after the Customer places an Order.
3.4. Conclusion of the Sales Agreement using the Order Form
3.4.1. In order to conclude the Sales Agreement, it is necessary for the Customer to place an Order in advance.
3.4.2. After placing the Order, the Seller immediately confirms its receipt, which binds the Customer to his Order and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending an appropriate message to the Customer’s e-mail address provided when placing the Order, which contains at least confirmation of all essential elements of the Order and the Seller’s declaration of receipt of the Order and its acceptance for execution.
3.4.3. When the Customer receives the e-mail referred to in point 3.4.2. a Sales Agreement is concluded between the Customer and the Seller.
3.5. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Regulations available on the Online Store website, (2) sending the Customer the e-mail message referred to in point. 3.4.2., as well as by (3) attaching proof of purchase and specifications of the concluded Sales Agreement to the shipments. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
4. PAYMENT METHODS
4.1. The seller provides the following payment methods:
4.1.1. Payment by traditional transfer to the Seller’s bank account is possible in PLN and Euro.
4.1.2. For the Polish Zloty currencyBank: ING Bank Śląski 21 1050 1070 1000 0092 6284 2850
IBAN: PL 21 1050 1070 1000 0092 6284 2850
BIC SWIFT code: INGBPLPW
4.1.3. For Euro currencyBank: ING Bank Śląski
IBAN: PL 92 1050 1070 1000 0097 4120 5802
BIC SWIFT code: INGBPLPW
4.1.3. Płatności elektroniczne i płatności kartą płatniczą za pośrednictwem serwisu PayU.pl – możliwe aktualne sposoby płatności określone są na stronie Sklepu Internetowego w zakładce “Sposoby płatności” oraz na stronie internetowej http://www.payu.pl.
4.2. Rozliczenia transakcji płatnościami elektronicznymi i kartą płatniczą przeprowadzane są zgodnie z wyborem Klienta za pośrednictwem serwisu PayU.pl.
4.3. Obsługę płatności elektronicznych i kartą płatniczą prowadzi:
4.3.1. PayU.pl – spółka PayU S.A. z siedzibą w Poznaniu (adres siedziby: ul. Grunwaldzka 182, 60-166 Poznań), wpisana do Rejestru Przedsiębiorców Krajowego Rejestru Sądowego pod numerem 0000274399, akta rejestrowe przechowywane przez Sąd Rejonowy Poznań – Nowe Miasto i Wilda w Poznaniu, kapitał zakładowy w wysokości 4.000.000 zł w całości opłacony, NIP: 779-23-08-495.
5. COST, DATE AND METHODS OF DELIVERY
5.1. The Seller provides the following methods of delivery or collection of the Product:
5.1.1. In the territory of the Republic of Poland, parcel locker and courier delivery,
5.1.2. Delivery of Products outside the Republic of Poland is carried out by courier in accordance with the price list available in the Delivery tab.
5.3. Possible delivery costs are indicated when placing the Order. They depend on the delivery and payment method chosen by the Customer.
5.4. The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter time is specified in the description of a given Product or when placing the Order. This deadline should be calculated as follows:
5.4.1. If the Customer chooses the payment method by transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
5.4.2. If the Customer chooses the cash on delivery method – from the date of conclusion of the Sales Agreement.
6. CONDITIONS FOR TERMINATING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
6.1. The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by mutual consent of the parties.
6.2. Termination of the contract for the provision of Electronic Services:
6.2.1. An indefinite, continuous contract for the provision of Electronic Services (e.g. Account) may be terminated.
6.2.2. The Service Recipient may terminate the contract for the provision of Electronic Services without specifying reasons by sending an appropriate declaration via e-mail to the following address: sklep@giggi.pl or in writing to the following address: ul. Do lasku 8, 43-365 Wilkowice. In such a case, the contract expires after 7 days from the date of submission of the declaration of will to terminate it (notice period), unless the parties agree on a shorter notice period.
6.2.3. In the case of Service Recipients who are also consumers, the Service Provider may terminate the contract for the provision of Electronic Services when the Service Recipient objectively grossly or persistently violates the Regulations, in particular when providing illegal content, after at least one ineffective request to stop or remove the violations and set an appropriate deadline. The violation of the Regulations must be objective and unlawful. In such a case, the contract for the provision of Electronic Services expires after 14 days from the date of submission by the Service Provider to the Service Recipient of a declaration of will to terminate it (notice period).
6.2.4. In the case of Service Recipients who are not also consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.
7. COMPLAINT PROCEDURE
7.1. Complaints due to non-compliance of the Product with the Sales Agreement:
7.1.1. The basis and scope of the Seller’s liability towards the Customer who is a natural person who purchases the Product for purposes unrelated to professional or business activity, due to the non-compliance of the Product with the Sales Agreement, are specified in particular by the Act on specific conditions of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws No. 141, item 1176, as amended).
7.1.2. Notification of the non-compliance of the Product with the Sales Agreement and submitting an appropriate request can be made via e-mail to the following address: sklep@giggi.pl or in writing to the following address: ul. Do lasku 8, 43-365 Wilkowice. Whenever possible and necessary to assess the non-compliance of the Product with the contract, it should also be delivered to the above address.
7.1.3. The Seller will respond to the Customer’s request immediately, no later than within 14 days. The response to the complaint is sent to the address provided by the Customer, unless the Customer provides another method.
7.1.4. In the case of Products also covered by a warranty, the Seller informs that the warranty for the sold consumer goods does not exclude, limit or suspend the buyer’s rights resulting from the non-compliance of the goods with the contract.
7.2. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store:
7.2.1. Complaints related to the provision of Electronic Services via the Online Store and other complaints related to the operation of the Online Store may be submitted by the Service Recipient via e-mail to the following address: shop@giggi.eu or in writing to the following address: ul. Do lasku 8, 43-365 Wilkowice.
7.2.2. It is recommended to provide as much information and circumstances as possible regarding the subject of the complaint in the description of the complaint, in particular the type and date of occurrence of the irregularity and contact details – this will facilitate and speed up the consideration of the complaint by the Service Provider.
7.2.3. The Service Provider will consider the complaint immediately, no later than within 14 days.
7.2.4. The Service Provider’s response to the complaint is sent to the address provided by the Service User, unless the Service User provides a different method.
8. RIGHT TO WITHDRAW FROM THE CONTRACT
8.1. The Service Recipient/Customer who is also a consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting an appropriate declaration in writing within ten days. To meet this deadline, it is enough to send a declaration before its expiry. The declaration can be sent to the following address: ul. Do lasku 8, 43-365 Wilkowice.
8.2. In the event of withdrawal from the contract, the contract is considered null and void and the consumer is released from any obligations. What the parties have provided is returned unchanged, unless the change was necessary within the scope of ordinary management. The return should be made immediately, no later than within fourteen days. If the consumer has made any prepayments, they are entitled to statutory interest from the date of prepayment.
8.3. The Service Provider/Seller will make the refund to the bank account number indicated by the consumer, unless the consumer indicates another method.
8.4. The ten-day period within which the consumer may withdraw from the contract is counted, in the case of a Sales Agreement, from the date of delivery of the Product, and in the case of the contract regarding the provision of an Electronic Service, from the date of its conclusion.
8.5. The consumer is not entitled to withdraw from a distance contract in the following cases: (1) provision of services commenced, with the consumer’s consent, before the deadline referred to in points 8.1 and 8.4 above; (2) regarding audio and visual recordings and those recorded on IT data carriers after the consumer has removed their original packaging; (3) contracts for services for which the price or remuneration depends solely on price movements on the financial market; (4) services with properties specified by the consumer in the order placed by him or closely related to him; (5) benefits which, due to their nature, cannot be returned or whose items deteriorate quickly; (6) providing press; (7) gambling services.
9. PROVISIONS APPLICABLE TO ENTREPRENEURS
9.1. This point of the Regulations and the provisions contained therein apply only to Customers who are not consumers.
9.2. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer in the Order Form and the fact of concluding the Sales Agreement.
9.3. Products that are the subject of a Sales Agreement concluded with a Customer who is not a consumer remain the property of the Seller until payment of the price and delivery costs under the Sales Agreement.
9.4. When the Seller releases the Product to the carrier, the benefits and burdens related to the item as well as the risk of accidental loss or damage to the item are transferred to the Customer who is not a consumer. In such a case, the Seller is not liable for the loss, loss or damage of the Product occurring from its acceptance for transport until its delivery to the Customer and for any delay in the transport of the shipment.
9.5. If the Product is sent to the Customer via a carrier, the Customer who is not also a consumer is obliged to examine the shipment at the time and in the manner adopted for shipments of this type. If he finds that the Product was lost or damaged during transport, he is obliged to perform all actions necessary to establish the carrier’s liability.
9.6. The Service Provider/Seller’s liability towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement. . The Service Provider/Seller is liable towards the Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits towards the Service Recipient/Customer who is not also a consumer.
9.7. The Service Provider/Seller’s liability towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement. . The Service Provider/Seller is liable towards the Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits towards the Service Recipient/Customer who is not also a consumer.
10. FINAL PROVISIONS
10.1. Contracts concluded via the Online Store are concluded in accordance with Polish law and in the Polish language.
10.2. Changes to the Regulations:
10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal provisions; changes in payment and delivery methods; changes in the scope, fees or form of the Electronic Services provided, changes in the Seller’s address – to the extent that these changes affect the implementation of the provisions of these Regulations.
10.2.2. The amended regulations are binding on the Service Recipient if the requirements specified in Art. 384 of the Civil Code, i.e. the Service Recipient was properly notified about the changes and the Service Recipient did not terminate the contract for the provision of continuous Electronic Services within 14 days from the date of notification.
10.2.3. Changes to the Regulations will not in any way violate the rights acquired by Service Recipients who are also consumers and use the Online Store before the date of entry into force of the changes, in particular, changes to the Regulations will not affect Orders already placed or placed and Sales Agreements concluded, implemented or executed.
10.2.4. If a change to the Regulations results in the introduction of any new fees or an increase in existing ones, the Service Recipient who is a consumer has the right to withdraw from the contract.
10.3. In matters not regulated in these Regulations, the provisions of: the Civil Code; Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended); Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws No. 22, item 271, as amended); The Act on special conditions of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws No. 141, item 1176, as amended) and other relevant provisions of Polish law.
10.4. Disputes arising between the Service Provider/Seller and the Service Recipient/Customer who is also a consumer shall be submitted to the competent common courts. Disputes arising between the Service Provider/Seller and the Service Recipient/Customer who is not also a consumer shall be submitted to the court having jurisdiction over the registered office of the Service Provider/Seller.
