Rules and regulations
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE
3. TERMS AND CONDITIONS CONCERNING THE CONTRACT OF SALE
4. METHODS AND DATE OF PAYMENT FOR THE PRODUCT
5. COST, METHODS, DELIVERY DATES, AND PRODUCT COLLECTION
6. COMPLAINTS
7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS, METHODS OF PURSUING CLAIMS AND THE PRINCIPLESCONCERNING ACCESS TO THOSE PROCEDURES
8. THE RIGHT TO WITHDRAW FROM THE CONTRACT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS
11. SAMPLE CONTRACT WITHDRAWAL FORM
The Online Store - gerlachshop@co.uk promotes consumer rights. A consumer may not relinquish the rights that were bestowed onto him/her as part of the provisions of the Act on Consumer Rights. Provisions included in contracts that are less beneficial to consumers than the provisions resulting from the Act on Consumer Rights shall be deemed invalid and in their place one should apply the regulations arising from the Act on Consumer Rights. As a result, the provisions of the following Rules and Regulations are not to exclude nor limit any consumer rights vested in consumers as a result of the mandatory provisions of law, while all potential doubts should be settled in favour of the consumer. In the event of any potential discrepancies between the provisions of these Rules and Regulations and the provisions of the Act mentioned above, the latter shall prevail and should be applied.
1. GENERAL PROVISIONS
1.1. The Online Store shall be accessible at gerlachshop@co.uk, an address managed by “GERLACH” SPÓŁKA AKCYJNA [a joint-stock company] with its registered office in Drzewica (address of the office and address for service purposes: ul. Braci Kobylańskich 41, 26-340 Drzewica); entered into the Register of Entrepreneurs of the National Court Register under the number KRS 0000055281; the registry court in which the company file is kept: District Court for Łódź – Śródmieście in Łódź, XX Commercial Division of the National Court Register; share capital in the amount of 2,210,575.00 PLN; NIP: 7990003388; REGON: 670081420, e-mail address: sklep@gerlach.pl and phone number: 483750081.
1.2. These Rules and Regulations shall be designed for both consumers and entrepreneurs who make use of the Online Store, unless a specific provision of these Rules and Regulations should state otherwise and should be designed solely for either consumers or entrepreneurs.
1.3. The administrator responsible for the processing of personal data, as a result of the completion of the provisions of these Rules and Regulations, shall act as the Service Provider. Personal data shall be processed in the scope and on the basis of the principles indicated in the privacy policy that is available on the websites of the Online Store. Sharing one's personal data shall be voluntary. Each individual whose personal data is to be processed by the Service Provider shall maintain the right to have access to all its contents as well as the right to make updates and amendments to that data.
1.4. Definitions:
1.4.1. WORKING DAY - any day between Monday and Friday, excluding days that are public holidays.
1.4.2. REGISTRATION FORM – a form that is available at the Online Store and thanks to which an Account may be created.
1.4.3. ORDER FORM - an Electronic Service which constitutes an interactive form available at the Online Store and thanks to which an Order could be placed, especially through the addition of Products to one's electronic basket and through the specification of the terms and conditions of the Contract of Sale, including delivery and payment terms.
1.4.4. CLIENT – (1) a natural person who possesses full capacity to perform acts in law, and within the circumstances provided for in the generally applicable provisions of law, also a natural person who possesses a limited capacity to perform acts in law; (2) a legal person; or (3) an organizational unit that does not possess a legal personality, upon which the Act bestows legal capacity; - who/which has concluded or intends to conclude a Contract of Sale with the Seller.
1.4.5. CIVIL CODE – a civil code Act passed on 23 April 1964. (Journal of Laws 1964 no. 16, item 93, as amended).
1.4.6. ACCOUNT – an Electronic Service, a collection of resources within the information and communication technology designated by means of an individual name (login) and a password provided by the Service Provider, in which data provided by the Service User is collected together with the information concerning the Orders placed by him/her at the Online Store.
1.4.7. NEWSLETTER – an Electronic Service, an electronic distribution service which is rendered by the Service Provider by means of electronic mail, which enables all Service Users to benefit from the automatic receipt (from the Service Provider) of cyclic contents of subsequent issues of the newsletter that contains information about the Products, news and promotions available at the Online Store.
1.4.8. PRODUCT – a movable item available at the Online Store which constitutes the subject matter of the Contract of Sale concluded between the Client and Seller.
1.4.9. RULES AND REGULATIONS – the following rules and regulations set out for the Online Store.
1.4.10. ONLINE STORE – an online store that belongs to the Service Provider, available at the following internet address: www.gerlach.pl.
1.4.11. SELLER; SERVICE PROVIDER – "GERLACH" SPÓŁKA AKCYJNA [a joint-stock company] with its registered office in Drzewica (address of the office and address for service purposes: ul. Braci Kobylańskich 41, 26-340 Drzewica); entered into the Register of Entrepreneurs of the National Court Register under the number KRS 0000055281; the registry court in which the company file is kept: District Court for Łódź – Śródmieście in Łódź, XX Commercial Division of the National Court Register; share capital in the amount of 2,210,575.00 PLN; NIP: 7990003388; REGON: 670081420, e-mail address: sklep@gerlach.pl.
1.4.12. CONTRACT OF SALE – a contract for the sale of a Product to be concluded or that has been concluded between a Client and the Seller by means of the Online Store.
1.4.13. ELECTRONIC SERVICE – a service rendered through the Service Provider's electronic means for the sake of the Service User using the Online Store.
1.4.14. SERVICE USER – (1) a natural person who possesses full capacity to perform acts in law, and within the circumstances provided for in the generally applicable provisions of law, also a natural person who possesses a limited capacity to perform acts in law; (2) a legal person; or (3) an organizational unit that does not possess a legal personality, upon which the Act bestows legal capacity; - who/which has been using or intends to use the Electronic Service.
1.4.15. ACT ON CONSUMER RIGHTS, THE ACT – an Act passed on 30 May 2014 concerning consumer rights (Journal of Laws 2014, item 827, as amended).
1.4.16. ORDER – a declaration of intent made by the Client and submitted by means of an Order Form and that leads directly to the conclusion of the Contract for the Sale of a Product with the Seller.
2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE
2.1. At the Online Store it will be possible to utilise the following Electronic Services: the Account, the Order Form and the Newsletter.
2.1.1. The Account – using the Account shall be possible for Service Users only after taking three subsequent steps – (1) after filling out the Registration Form, (2) after clicking on the “Register” field. On the Registration Form it will be necessary for the Service User to submit the following data: e-mail address and password.
2.1.1.1. The Account stands for an Electronic Service which is rendered gratuitously for an indefinite period. At any moment and for his/her convenience, the Service User shall have the possibility to delete the Account (resign from usage of the Account) by sending an appropriate request to the Service Provider, in particular, by means of e-mail at: sklep@gerlach.pl, or in writing at the following address: ul. Braci Kobylańskich 41, 26-340 Drzewica.
2.1.2. Order Form – usage of the Order Form shall commence at the moment when the Client adds a Product to the electronic basket at the Online Store. Placement of an Order ensues when the Client has performed two subsequent actions - (1) completion of an Order Form and (2) clicking on the field captioned “Order Now under Payment Obligation”, which is visible on the website of the Online Store - until that moment there shall be the possibility of the independent modification of the data entered (to that end, one should follow the messages that appear together with the information available on the website of the Online Store). On the Order Form, it will be necessary for the Client to submit the following data that pertains to him/her: name and surname / trading name, address (street, street address / zip-code, city, country), e-mail address, telephone number as well as data connected with the Contract of Sale: Product/s, number of Products, the address and manner of the delivery of the Product/s, and method of payment. In the case of Clients who are non-consumers, it will also be necessary to submit the trading name as well as the tax identification number (NIP).
2.1.2.1. The Order Form makes for a free-of-charge Electronic Service, of a one-off nature, and is concluded at the moment when the Order has been placed by means of the form, or the moment at which the Order is discontinued by the Service User before the end of the operation, by means of the form.
2.1.3. The Newsletter – one may receive the Newsletter only if they submit their e-mail address in the “Newsletter” tab, visible on the website of the Online store. Future editions of the Newsletter shall be sent to this e-mail address after clicking on the “Sign up” field. One may also sign up for the Newsletter by ticking the proper checkbox during the Order placement process – at the moment the Order is placed, the Service User shall thereafter be one of the Newsletter's subscribers.
2.1.3.1. The Newsletter is an Electronic Service that shall be rendered for the sake of the user, free of charge and for an indefinite period of time. The Service User will have the option to discontinue the subscription at any time and for his/her convenience (resignation from the Newsletter) by submitting an appropriate request to the Service Provider, in particular, by means of electronic mail, at the following address: sklep@gerlach.pl; or in writing at the following street address: ul. Braci Kobylańskich 41, 26-340 Drzewica.
2.2. The technical requirements necessary to form cooperation with the information and communication technology which is used by the Service Provider are as follows: (1) a computer, a laptop or any other multimedia device with access to the Internet; (2) access to e-mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) activation of the option that enables the storage of Cookies and enables JavaScript management.
2.3. The Service User shall be obliged to use the Online Store in a manner that shall be compliant with the legal standards and according to the prevailing custom, keeping in mind that personal property, copyright as well as intellectual property that belongs to the Service Provider or to any third parties should be respected. The Service User shall be obliged to enter data that is factually correct. The Service User shall comply with the ban on providing/uploading any illegal content.
2.4. Complaint procedures:
2.4.1. Complaints resulting from the provision of Electronic Services by the Service Provider, together with all other complaints that result from the activity of the Online Store (excluding complaint procedures for Products which have been specified in point 6 of the Rules and Regulations) may be lodged by the Service User in the following way:
2.4.2. in writing, to be delivered to the following street address: ul. Braci Kobylańskich 41, 26-340 Drzewica;
2.4.3. by means of an e-mail sent to: reklamacje@gerlach.com.pl;
2.4.4. Service Users would be well advised to provide the following information in the description of the complaint: (1) the information and circumstances concerning the subject matter of the complaint, in particular, the type and the date of the occurrence of the irregularity; (2) Service User claims / demands; as well as (3) the contact data of the person who lodges the complaint - this will facilitate and accelerate the complaint handling process by the Service Provider. The requirements set out in the previous sentence constitute a mere recommendation and do not affect complaints that were lodged without any description of the problem.
2.4.5. The Service Provider shall take into consideration and handle the complaint immediately, not later than within 14 days of the filing date.
3. TERMS AND CONDITIONS CONCERNING THE CONTRACT OF SALE
3.1. The conclusion of the Contract of Sale between the Client and the Seller takes place upon the prior placement of an Order by the Client at the Online Store in compliance with point 2.1.2 of the Rules and Regulations.
3.2. The price of the Product shall be visible on the website of the Online Store and be expressed in GBP and the price does not include the VAT. The Client shall be informed of the total price which constitutes the subject matter of the Order, as well as the costs resulting from the delivery (including transportation costs) and - should the amount prove impossible to specify - he/she shall be informed of the obligation to settle those costs.
It may be necessary to pay tax charges on the purchased goods in the country of the Client.
3.3. The procedure of concluding the Contract of Sale at the Online Store by means of the Order Form
3.3.1. The conclusion of the Contract of Sale between the Client and the Seller takes place upon the prior placement of an Order by the Client at the Online Store in compliance with point 2.1.2 of the Rules and Regulations.
3.3.2. Having placed an Order, the Seller shall immediately confirm its receipt and shall simultaneously accept the Order for processing. Confirmation of the receipt of the Order together with its acceptance for processing shall be possible if the Seller sends the Client an appropriate e-mail message at the address submitted during the Order placement process. The e-mail must at a minimum contain a declaration made by the Seller pertaining to the receipt of the Order and that it has been accepted for processing, and also confirmation that the Contract of Sale has been concluded. The moment at which the Client receives the aforementioned e-mail shall represent the conclusion of the Contract of Sale between the Client and the Seller.
3.4. Recording, securing or rendering the content of the Contract of Sale available to the Client shall be possible through (1) making the following Rules and Regulations available on the website of the Online Store as well as (2) by sending the Client an e-mail, as specified in point 3.3.2. of the Rules and Regulations. The content of the Contract of Sale has been additionally recorded and secured within the information technology system of the Seller's Online Store.
4. METHODS AND DATE OF PAYMENT FOR THE PRODUCT
4.1. The Seller renders available to the Client the following means of payment, resulting from the Contract of Sale:
4.1.1. Payment by money transfer to the bank account of the Seller.
4.1.2. Electronic forms of payment and payments by card and by means of the PayU.pl service - all available methods of payment have been specified on the website of the Online Store, in the tab that is devoted to payment methods, as well as on the internet website http://www.payu.pl.
4.1.2.1. Settlement of the transaction by means of electronic forms of payment and by card is to be made in compliance with the Client’s individual choice, by means of PayU.pl. Electronic payments and payments by card are managed by:
4.1.2.1.1. PayU.pl – PayU S.A., a company based in Poznan (registered address: ul. Grunwaldzka 182, 60-166 Poznan), entered into the register of entrepreneurs of the National Court Register under KRS number: 0000274399, whose records and company files are kept by the District Court of Poznań - Nowe Miasto and Wilda in Poznań, with share capital amounting to 4,000,000 PLN, paid-up in full, tax identification number (NIP): 779-23-08-495.
4.2. Payment Terms:
4.2.1. Should the Client choose to pay by transfer, by means of an electronic payment or by card, he/she will be obliged to make the payment within 7 (seven) days of the date on which the Contract of Sale was concluded.
4.2.2. Should the Client choose to pay in cash on delivery of the shipment, he or she shall be obliged to make the payment on delivery of the shipment.
5. COST, METHODS, DELIVERY DATES, AND PRODUCT COLLECTION
5.1. The delivery of the Product to the Client shall be payable, unless the Contract of Sale states otherwise. The costs resulting from the delivery of the Product (including transportation costs, delivery and mailing) shall be indicated to the Client on the websites that belong to the Online Store, in the tab that informs clients of the delivery costs, and also during the process of making the Order, including the moment at which the Client declares his/her intent to enter into the Contract of Sale.
5.2. The Seller shall render available to the Client the following methods of delivery or collection of the Product:
5.2.1. Courier mail/shipment.
5.3. The time taken for the delivery of the Product to the Client shall be 30 days, unless a shorter period of time was provided in the description of the given Product or during the Order placement process. In the case of Products which have different delivery dates, the delivery date shall be the later date, no longer, however, than 30 days.
The commencement of the course of the delivery date for the Product to reach the Client shall be calculated in the following manner:
5.3.1. In the case of Clients who have chosen to pay by means of a money transfer, electronic payment or by card from the date on which the bank account or the current account that belongs to the Seller is credited.
5.4 The shipping cost shown in the order summary does not apply to shipments outside the territory of the United Kingdom (in the case the cost of delivery is determined individually). Therefore, in case of shipping to other countries, please contact the Customer Service: sklep@gerlach.pl. We will inform you about the details of the shipping cost. After receiving your payment (the order price and the shipping cost), the order process is continued.
6. COMPLAINTS
6.1. The basis and the scope of liability on the part of the Seller to the Client, should there be any physical or legal fault (statutory warranty) to the Product sold, have been specified by means of the generally applicable law, in particular, the Civil Code (specifically art. 556-576 of the Civil Code). In relation to Contracts of Sale that were concluded not later than 24 December 2014, and in relation to Products that do not conform with the Contract of Sale, the basis and the scope of the Seller's liability in relation to Clients who constitute natural persons, and who have purchased or are willing to purchase the Product for reasons outside of their professional or business activity, shall be specified by the generally applicable regulations, in particular, by the act on specific terms and conditions of consumer sale and amendments to the Civil Code that was passed on 27 July 2002 (Polish Journal of Laws 2002 no. 141, item 1176, as amended).
6.2. The Seller shall be obliged to deliver a Product which is devoid of any faults to the Client. Detailed information pertaining to the liability on the part of the Seller resulting from faults to the Product as well as the rights of the Client have been specified on the website of the Online Store, in the tab that is devoted to complaints.
6.3. A complaint may be lodged by the Client, for instance:
6.3.1. in writing, at the following address: ul Braci Kobylańskich 41, 26-340 Drzewica;
6.3.2. electronically, by means of the following e-mail address: reklamacje@gerlach.com.pl;
6.4. The Client is advised to include the following in the description of the complaint: (1) the information and circumstances that pertain to the subject matter of the complaint, in particular, the type and date of the occurrence of the fault; (2) the desired method of bringing the Product to conformity with the Contract of Sale, or a declaration stating that the price be reduced, or a withdrawal from the Contract of Sale; as well as (3) the contact information of the person filing the complaint - this should aid the Seller in the handling of the complaint. The requirements set out in the previous sentence constitute a mere recommendation and do not affect the outcome of complaints that were lodged without any description of the problem.
6.5. The Seller shall immediately take a stance on the complaint lodged by the Client, within a period of no longer than 14 days of the filing date. Should the Client, who at the same time is a consumer, demand that the goods be replaced or that the fault be repaired, or should he/she submit a declaration stating that the price should be reduced by an amount specified by him/her, and the Seller fails to take a stance on the matter within 14 days, it should be concluded that the Seller has deemed the request to be unjustified.
6.6. A Client who exercises his/her rights as a result of the statutory warranty shall be obliged to deliver the faulty Product to the following address: ul. Braci Kobylańskich 41, 26-340 Drzewica. In the case of a Client who acts as a consumer, the cost of delivering the Product shall be incurred by the Seller, while in the case where the Client is a non-consumer, then he/she shall be obliged to incur that cost. If, due to the type of the Product or the manner in which it was assembled, the delivery of the Product by the Client should prove to be excessively complicated, the Client shall be obliged to provide the Seller with access to the Product, at the venue where the Product is located.
7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS, METHODS OF PURSUING CLAIMS AND THE PRINCIPLES CONCERNING ACCESS TO THOSE PROCEDURES
7.1. Detailed information concerning the possibility of using out-of-court methods of handling complaints, the pursuit of claims as well as the principles connected with access to those procedures shall be available for the Client on the website of the Office for Competition and Consumer Protection and can be found at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. A contact point which is available in addition to the Chairman of the Office of Competition and Consumer Protection may be reached on: 22 55 60 333, or at: kontakt.adr@uokik.gov.pl or at the street address: Pl. Powstańców Warszawy 1, 00-950, Warsaw. Its purpose is to, among other things, assist consumers with matters that are connected with the out-of-court settlement of consumer disputes.
7.3. The Consumer shall be entitled to the following options for taking advantage of the out-of-court methods of handling complaints and of pursuing claims: (1) a request for the dispute to be settled at a permanent consumer's court of arbitration (more information available at: http://www.spsk.wiih.org.pl/); (2) a request for an out-of-court settlement of the dispute issued to the provincial chair of the Inspectorate of Trade Inspection (more information available on the website of the inspectorate competent in terms of the place of business activity performed by the Seller); and (3) assistance from the district (or city) consumer advocate or other social organizations whose statutory duties include the protection of consumers (Consumers' Federation, the Association of Polish Consumers). Counsel can be given by email at porady@dlakonsumentow.pl, or by phone by reaching the consumer helpline on 801 440 220 (the helpline is available on weekdays, from 8:00 - 18:00, connection fee as per the operator's tariffs).
7.4. At the following address: http://ec.europa.eu/consumers/odr, is a platform for an online system of dispute settlement, designed for consumers and entrepreneurs at the European Union level (ODR platform). The ODR platform constitutes an interactive, multilingual website that offers complex services for consumers and entrepreneurs who wish to settle disputes connected with contractual obligations, resulting from Internet contracts of sale or contracts for the provision of services in an out-of-court manner (more information can be found on the website of the platform or at the Internet address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. THE RIGHT TO WITHDRAW FROM THE CONTRACT
8.1. Any consumer who has concluded a contract in a remote manner may, within 100 days, withdraw from it without giving any reason and without incurring any costs, barring the costs specified in point 8.8 of the Rules and Regulations. In order to observe the time limit, one is merely obliged to send in a declaration before this period has lapsed.
The declaration concerning the withdrawal from the contract may be submitted, for instance:
8.1.1. in writing to the following address: ul. Braci Kobylańskich 41, 26-340 Drzewica;
8.1.2. in electronic form, by means of e-mail to the following address: sklep@gerlach.pl;
8.2. A sample form for contract withdrawals can be found in Appendix no. 2 to the Act on Consumer Rights and can also be found in point 11 of the Rules and Regulations, as well as on the website of the Online Store, in the tab that is devoted to contract withdrawals. The consumer may use the sample form, although that is not mandatory.
8.3. The course of the time limit for contract withdrawals shall commence:
8.3.1. in relation to contracts in which it is stated that the Seller shall deliver a Product, as a result of the obligation to transfer the ownership (e.g. Contract of Sale) - from the moment of taking possession of the Product by the consumer or a third party that he/she should indicate, excluding the carrier, and in the event of a contract which: (1) covers more Products that are to be delivered separately, in batches or partially - from the moment of taking possession of the last Product, its batch or part or (2) consists of a regular delivery of Products for a definite period - from the moment of taking possession of the first Product;
8.3.2. in relation to other contracts – from the day on which the contract was concluded.
8.4. In the event of a withdrawal from the contract that was concluded remotely, the contract shall be deemed discontinued.
8.5. The Seller shall be obliged to immediately, not later than 14 days from the moment at which the consumer receives the declaration concerning withdrawal from the contract, return to the consumer all payments made, including costs resulting from the delivery of the Product (barring additional costs resulting from the fact that the consumer decided to choose a method of delivery other than the cheapest and simplest delivery method available at the Online Store). The Seller shall return the payment by means of the same method that had been used by the consumer, unless the consumer clearly agrees to a different method of reimbursement that does not entail any extra costs. If the Seller does not propose that he/she could collect the Product from the consumer him/herself, then he/she may postpone the reimbursement of payments received from the consumer until such time as he/she receives the Product or until the moment that the consumer delivers proof that it was returned, depending on which event took place earlier.
8.6. The consumer shall be obliged to immediately, not later than within 14 days from the date on which he/she withdrew from the contract, return the Product to the Seller or hand it over to a person authorised by the Seller to collect the Product, unless the Seller proposes that he/she could collect the Product him/herself. In order to observe the time limit, one is merely obliged to return the product before this period has lapsed. The consumer may return the Product to the following street address: ul Braci Kobylańskich 41, 26-340 Drzewica.
8.7. The consumer shall bear the liability for any decrease in the value of the Product which results from using the Product in a manner that exceeds the standards necessary to determine the character, features and the functioning of the Product.
8.8. Potential costs, resulting from the withdrawal from the contract, which the consumer is obliged to incur:
8.8.1. If the consumer chose a method of delivery of the Product different from the cheapest and simplest method of delivery available at the Online store, the Seller shall not be obliged to reimburse the consumer for the extra costs that he/she incurred.
8.8.2. The consumer shall bear the direct costs resulting from the return of the Product.
8.8.3. In the case of a Product which constitutes a service whose performance – at the request of the consumer - commenced before the lapse of the time limit for withdrawal from the contract, a consumer who exercises the right to withdraw from the contract upon submitting such a request shall be obliged to make payment for the services that had been completed until the moment at which the contract was rescinded. The amount due shall be proportionally calculated up to the scope of the services completed, including the price or remuneration which was agreed to in the contract. Should the price or remuneration prove excessive, the basis for the calculation of that amount shall be the market value of the service completed.
8.9. The right to withdraw from the contract concluded remotely shall not be vested in the consumer in respect of the following contracts:
8.9.1. (1) for the performance of services, if the Seller performed a service in full with clear consent given by the consumer who had been informed, prior to the commencement of the services, that after the completion of services by the Seller, he/she shall forfeit the right to withdraw from the contract; (2) in which the price or remuneration depends on the fluctuations on the financial market, over which the Seller does not have control, and which may occur before the lapse of the time limit for the withdrawal from the contract; (3) in which the subject matter of the service is the Product which has not been prefabricated and has been produced in accordance with the specifications of the consumer or serves to meet individual needs; (4) in which the subject matter of the service is a Product which is likely to fail or become corrupted or which has a short shelf life; (5) in which the subject matter of the services provided constitutes the Product delivered in sealed packaging, which may not be returned upon the opening of the packaging due to health concerns or due to matters of hygiene, in the event that the packaging was opened after delivery; (6) in which the subject matter of the services provided means Products which, upon delivery and due to their nature, shall be inseparably connected with other objects; (7) in which the subject matter of the services provided are alcoholic drinks whose price was determined on conclusion of the Contract of Sale, while their delivery may only take place after the lapse of a 30-day period, and whose value may depend on market fluctuations over which the Seller cannot exercise any control; (8) in which the consumer clearly demands that the Seller come to him/her in order to undertake urgent repair or maintenance; in the event that the Seller additionally renders services other than those that were requested by the consumer, or if he/she delivers Products which differ from the spare parts that are necessary for repair or maintenance, the right to withdraw from the contract shall be vested in the consumer in relation to additional services or Products; (9) in which the subject matter of the services provided are audios and visuals or computer programs, delivered in sealed packaging, should the packaging have been opened after the delivery; (10) contracts for the delivery of registers, periodicals or magazines, excluding subscription contracts; (11) concluded by way of a public auction; (12) for the provision of services connected with accommodation, other than for residential reasons, carriage of objects, car rentals, gastronomy, services connected with recreation, entertainment, sports and cultural events, if in the contract the day and term for the rendering of services were specified; (13) for the delivery of digital contents which have not been stored on a material data carrier, if the rendering of the services commenced by clear consent of the consumer, before the lapse of the time limit for the withdrawal and having been informed by the Seller of the loss of the right to withdraw from the contract.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. The following point of the Rules and Regulations as well as the provisions included therein pertain to Clients and Service Users who are not consumers.
9.2. The Seller maintains the right to withdraw from the Contract of Sale concluded with a Client who is not a consumer within 14 days of its conclusion. Withdrawal from the Contract of Sale may occur in this case without giving a reason and does not give rise to any claims made against the Seller by the Client who is not a consumer.
9.3. In the case of Clients who are not consumers, the Seller shall have the right to limit the available methods of payment, and may also require that prepayment be made in full or partially, regardless of the method of payment selected by the Client or the fact that the Contract of Sale was concluded.
9.4. At the moment when the Seller delivers the Product to the carrier, the Client who is not a consumer will assume all the benefits and burdens connected with the Product alongside the peril of inadvertent loss or damage to the Product. In such cases the Seller shall not bear any liability for the loss, defects or damage to the Product that may occur from the moment it was taken over for carriage up to the moment it is delivered to the Client, nor will he/she bear the liability for any delays that could take place during the carriage of the goods.
9.5. Should the Product be sent to the Client by means of a carrier, the Client who is not a consumer shall be obliged to examine the shipment at a time and in a manner that was adopted for this type of shipment. Should he/she decide that the Product was damaged or that the Product suffered a defect during carriage, he/she shall be obliged to undertake all actions necessary to determine the liability of the carrier.
9.6. In accordance with art. 558 § 1 of the Civil Code, the liability on the part of the Seller, resulting from statutory warranty on the Product, shall be excluded with respect to Clients who are not consumers.
9.7. In the case of Service Users who are non-consumers, the Service Provider may, without any reason, terminate the contract for the performance of Electronic Services with immediate effect by submitting an appropriate declaration to the Service User.
9.8. The liability of the Service Provider/ Seller in relation to the Service User/ Client who is a non-consumer, irrespective of the legal basis, shall be limited - in the scope of individual claims as well as all claims made in total - up to the amount of the price paid plus delivery costs resulting from the Contract of Sale, not more, however, than 1000 PLN. The Service Provider/ Seller shall be liable in relation to the Service User/ Client who is a non-consumer for only typical damage that could have been anticipated at the moment of the conclusion of the contract, and he/she shall not be liable as a result of losses in relation to the Service User/ Client who is a non-consumer.
9.9. All disputes that might arise between the Seller/ Service Provider and the Client/ Service User, who is not a consumer, shall be remanded to the court which is competent for the registered office of the Seller/Service Provider.
10. FINAL PROVISIONS
10.1. Contracts concluded through the Online Store shall be concluded in the Polish language.
10.2. Amendments to the Rules and Regulations:
10.2.1. The Service Provider reserves the right to implement changes to the Rules and Regulations for important reasons only, that is: changes to the law; changes to the methods of payment and delivery; important changes concerning the activity of the Online Store - in the scope in which these changes could affect the fulfilment of provisions of these Rules and Regulations.
10.2.2. Should contracts of a permanent character be concluded on the basis of these Rules and Regulations (e.g. the provision of the Electronic Service - Account), the amended rules and regulations shall apply to the Service User only if the requirements that were specified in art. 384 as well as 384[1] of the Civil Code were met, that is, the Service User has been notified of the changes and has not submitted a notice to terminate the contract within 14 days of the notification. In the event that the change to the Rules and Regulations would result in an introduction of any extra payments or in an increase in the current rates, the Service User who acts as a consumer shall maintain the right to withdraw from the contract.
10.2.3. If, on the basis of the Rules and Regulations at hand, contracts which do not constitute permanent contracts (Contracts of Sale) were concluded, changes made to the Rules and Regulations shall not, in any way, violate the rights that were conferred onto Service Users/Clients who act as consumers prior to the date on which the changes to the Rules and Regulations become effective. Moreover, changes to the Rules and Regulations shall not have any influence on the already submitted Orders or those which are in the process of being submitted, nor will they affect Contracts of Sale which have already been concluded, are currently being executed or have already been executed.
10.3. To all matters not settled herein, the generally applicable regulations of the Polish law should be applied, in particular: Civil Code: the Act on services performed electronically as of 18 July 2002 (Journal of Laws 2002 no. 144, item 1204 as amended); for Contracts of Sale concluded up to 24 December 2014 with Clients who do not act as consumers - provisions of the Act on the protection of certain rights of consumers as well as provisions of the Act on the liability for damage caused by a hazardous product as of 2 March 2000 (Journal of Laws 2000 no. 22, item 271 as amended) as well as the Act on specific terms and conditions of consumer sales and amendments to the Civil Code as of 27 July 2002 (Journal of Laws 2002 no. 141, item 1176 as amended); for Contracts of Sale concluded up to 25 December 2014 with Clients who act as consumers - provisions laid down in the Act on consumer rights as of 30 May 2014 (Journal of Laws 2014 item 827 as amended); as well as all other applicable provisions of the law.
11. SAMPLE CONTRACT WITHDRAWAL FORM
(APPENDIX NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Sample of the contract withdrawal form
(this form should be completed and submitted only if there is an intention to withdraw from the contract)
– Addressee:
"GERLACH" SPÓŁKA AKCYJNA
ul. Braci Kobylańskich 41, 26-340 Drzewica
gerlach.pl
sklep@gerlach.pl
– I/We(*) hereby inform(*) whomever it may concern of my/our withdrawal from the contract for the sale of the following goods(*) delivery contract for the following goods(*) contract to perform a specific task which consists of the making of the following objects(*)/for the performance of the following service(*)
– Date of the conclusion of the contract(*)/of collection (*)
– Name and surname of the consumer(-s)
– Consumer's/consumers' address
– Consumer's (-ers') signature (only if submitted in paper form)
– Date
(*) Delete as appropriate.