I. General Provisions
- The hereby Terms of Service shall specify the principles of using Online Store available at www.gipara.com as well as the conditions of sale of Products located in the assortment of the Online Store, conditions of the Contract of Sale, principles of returning Products, withdrawal from the Contract and complaints procedure.
- The hereby Terms of Service shall constitute a document which is specified by Art. 8 of the Act on services provided by electronic means.
- The hereby Terms of Service shall specify, in particular:
a) the principles of conducting registration and using the account as part of the Online Store;
b) the conditions and principles of submitting Orders as part of the Online Store via electronic means;
c) The principles of concluding contracts of sale with the use of services provided as part of the Online Store.
- Clients may gain access to the hereby Terms of Service during each time via a reference link placed on the main website of the service www.gipara.com and download it as well as generate its printout.
- Information concerning Products indicated on the Store internet websites, in particular, their descriptions, technical parameters and user parameters as well as prices constitute an invitation to contract conclusion in the meaning of Art. 71 of the Civil Code.
- Information concerning the product price is available on the website www.gipara.com. After placing an order, this price shall not be modified despite changes in Store prices which are introduced in the meantime.
- The Seller can be contacted as follows:
a. Postal address: IMG S.A., ul. Kowalska 8-9/7, 82-300 Elbląg, Poland;
b. E-mail: firstname.lastname@example.org;
c. Tel: (+48) 607 430 855 - from 9:00 to 17:00 (Monday-Friday 9:00-17:00, excluding public holidays);
d. Using the contact form or Chat on the website of the Online Store, which is available during the working hours of the Seller's office (Monday-Friday 9:00-17:00, excluding public holidays).
Terms applied in the hereby document shall have the following meaning:
- Supplier - shall mean an entrepreneur providing transport or postal courier services for the benefit of the Seller, related to the Contract realization;
- Client - natural person, legal person or organizational unit which is not a legal entity but possesses legal capacity granted by the specific provisions carrying out Orders in the Store;
- Civil Code - Act of 23 April 1964 (Journal of Laws No. 16 item 93 as amended);
- Consumer - natural person who conducts legal action not directly related to their economic or professional activity with the entrepreneur;
- Client Account - individual panel for each Client on the store website that enables the Client to manage personal data, submit Orders and monitor the status of realization of such Orders;
- Entrepreneur – natural person, legal person or organizational unit without legal personality with assigned by the act legal capacity, who conducts their own economic or professional activity in its own name and who carries out the purchase of Products for the purpose related directly to this economic or professional activity’
- Entrepreneur with Consumer’ entitlements - means a natural person who concludes a contract of sales directly related to its economic activity where the contract of sale indicates that it is not of professional nature to this Entrepreneur stemming, in particular, from the subject of economic activity performed by them, disclosed on the basis of provisions on Central Register and Information on Economic Activity;
- Terms of Service – means Terms of Service for the provision of services via electronic means as part of online store www.gipara.com and conditions of the contract of sale of Products concluded by means of the Store; in the scope of Contract on provision of services via electronic means the hereby Terms of Service shall constitute “Terms of Service” as specified in Art. 8 of the Act of 18 July 2002 on provision of services via electronic means;
- Online store (Store) - online service available at the address: www.gipara.com by means of which the Client may, in particular, submit Orders;
- Product - shall mean a movable item, offered by the Seller for sale to Customers by means of the online store;
- Contract of Sale / Contract - shall mean contract of sale of a Product concluded between the Seller and the Client by means of the Online Store which, at the same time, constitutes a remote contract in the meaning of Art. 2 point 1 of the Act of 30 May 2014 on consumer rights. Terms of Contract specify each time jointly the Terms of Service and the content of an Order;
- Contract for the maintenance of Client Account - means contract on the provision of services via electronic means in the meaning of the Act of 18 July 2002 on the provision of services via electronic means concluded between the Seller in the Online Store and the Client the subject of which is a possibility of free-of-charge use by the Client of the Online Store functionality for the purposes related to submitting and realizing Orders
- Order - means an offer submitted to the Seller by the Client for the conclusion of Contract with content compliant with options of choice indicated by the Client, available on the Online Store website and with the provisions of the Terms of Service;
- Store Owner/Seller – the owner of Gipara online store operating under the address: www.gipara.com is IMG S.A., ul. Strzelców 40/25, 81-586 Gdynia, NIP: 701-026-44-54, REGON: 142621752, with company share capital of 100 000,00 PLN (paid in full), registered in the District Court Gdańsk-Północ in Gdańsk, VIII Economic Department of the National Court Register at no. 0000367238.
III. Technical conditions
- Fulfilment by the Client of the following minimum technical conditions shall be obligatory in order to use the Online Store functionality:
a) possessing a computer or another multimedia device (end device) with access to the Internet;
c) possessing an active electronic email account;
d) minimum recommended screen resolution - 1024 x 768 pixels.
- Considering the fact that public nature of the Internet network and the use of services provided via electronic means may involve the risk of obtaining and modifying data of Clients by unauthorized persons in order to maintain safety of use of the Online Store it is recommended that the electronic device of the Client is equipped in:
a) anti-virus system with the latest version of definitions of viruses and updates,
b) efficient firewall,
c) installed all available updates of the operating system and online browsers which concern safety,
e) software that enables reading of files in a PDF format.
- The Seller undertakes to take all necessary steps in order to ensure safety of client data disclosed in Client Account and in order for the Online Store to operate in a continuous and correct manner.
IV. Content placed on the Online Store website
- Content placed on the Online Store website, including trademarks, logotypes, icons, texts, graphics, photographs, images, clips, sound recordings, graphics, software, templates of contracts and forms may be protected by copyrights, personal rights, rights to databases, trademarks, industrial patterns and other provisions of the generally binding law protecting intellectual property to which the Seller, the License Holder and other entities with which the Seller has concluded relevant contracts are entitled.
- Neither of the elements of the Online Store website or content placed thereon can be copied, distributed, sent, displayed, implemented, reproduced or publicly displayed in a manner contrary to the provisions of the hereby Terms of Service and the provisions of generally applicable law without prior written consent of the Seller.
- The Client may view, reconstruct, print or download contents placed on the Online Store website solely for their own use, that is, for personal, information and non-commercial purposes.
- The Seller reserves all rights specified in sec. 1-2 above.
- While using the Online Store website functionality the Client undertakes to:
a) proceed in a manner compliant with the provisions of the Terms of service and the provisions of the generally binding law,
b) act in accordance with good practices and respect personal goods of other entities,
c) refrain from delivering and passing on the content of unlawful nature,
d) refrain from actions which might hinder or destabilize the Online Store website functioning,
e) refrain from all actions which might breach the justified interests of the Seller.
- The Seller may enable Clients to publish opinions regarding Products, however, the Seller shall in no case ensure that opinions published on the Online Store website by Clients originate from consumers who used a given Product or purchased it.
V. Subject of Sale
- Through the Online Store the Seller offers his Clients the possibility of purchasing Products placed on the current offer of the Online Store according to the conditions specified in the Contract.
- The Seller undertakes to transfer onto the Client ownership of purchased Products and deliver (release) fault-free Products to him.
- The Client undertakes to pay the price and costs of delivery of Product ordered at the Online Store and to collect it.
- The Seller stipulates that the Product ordered by the Client shall remain the property of the Seller until settlement by the Client of all costs stemming from the concluded Contract, including the costs of partial, early or later delivery. The Client cannot sell, divest or burden the Product prior to its purchase with any ownership rights.
- All Products from the assortment of the Online Store are new by default unless otherwise specified on the label placed by the Seller on a given Product item.
VI. Registration and logging
- The Seller provides services via electronic means which enable setting up and using the Client Account on the Online Store website by clients.
- Viewing assortment of the Online Store does not require registration.
- Registration in free of charge.
- Should the Client have conducted prior registration, in accordance with the provisions of sec. 6-8 below, they should click on the option “LOG IN” and subsequently enter their email address and password indicated during registration and then click on the field “LOG IN” which redirects them directly to the Online Store website.
- In order to register, the Client must enter the Online Store website and having selected the right option, fill out the registration form, entering personal data and email, password, password confirmation and telephone number.
- After correct conduct of registration, the IT system confirms the formation of Client Account by displaying appropriate message on the subpage of registration and automatically redirecting the Client to the Online Store website where one may submit or finish submitting an order subject to sec. 8 below.
- In case when any of the data indicated in the registration form is entered by the Client in an incorrect manner the system will display the relevant message specifying the missing or incorrect data which the Client will have to correct or supplement in order to complete registration.
- Setting up Client Account will enable the Client to:
a) submit Orders,
b) monitor the conduct of Orders,
c) monitor the status of Order realizations,
d) correct and update Client data,
e) change the password.
- Upon successful registration by the Client, a contract for the provision of services via electronic means is simultaneously concluded with the Seller the subject of which is the use by the Client of Online Store functionality through Client Account. This contract is free of charge, and it is concluded for an indefinite period of time.
VII. Submission of orders
- The Client may submit Orders for Products available in the current assortment of the Online Store 7 days a week, 24 hours a day, according to conditions specified in the Terms of Service. Orders may be submitted without logging as well as after logging to Client Account.
- In order to submit an order the Client shall enter the website www.gipara.com, perform a selection of the Product or Products indicating the number of items, undertake subsequent technical steps based on messages displayed and information available on the website.
- The choice of ordered Products is conducted through adding them to the basket.
- During Order submission the Client may modify the data they entered in the scope of Product selection. To do so one must follow the messages displayed and information available on the website. The Client selects from the available options the manner of posting and the type of payment.
- Once the Client has indicated all necessary data, a summary of the submitted Order is displayed. The summary of submitted Order will contain the following information: a) order number, b) order subject, c) unit and total price of ordered products or services, including costs of delivery, e) selected manner of delivery, f) address of delivery and contact data of the Client. The Client may also optionally select an option of obtaining invoice by clicking on the relevant option of choice and entering the NIP number as well as company details further to entering a coupon code which authorizes them to receive a discount while purchasing the Product (solely one coupon code - coupons purchased as part of the Order [amount or percentage] do not cumulate).
- Accessories added to the Order in the form of a gratis item are not subject to future complaints.
- Having completed actions specified in sec. 2-5 above the Client confirms that he or she has familiarized with and accepts the Terms of Service by clicking on the selection button located next to the statement with the following content: “I declare that I have familiarized myself with the content and I accept the Terms of Service of the store” and subsequently the field “I order and pay” must be clicked on. The Client may also optionally express voluntary consent for the processing of their personal data for marketing purposes by clicking on the field of selection located by the relevant declaration.
- Clicking by the Client on the button “I order and I pay” indicates concluding a binding offer with the Seller for the purchase of the Product according to the conditions specified by the Client in the Order. Subsequently, a message regarding submission of the Order will be displayed on the Internet Store website. Optionally, in case when the Client has selected an option of payment “upfront” he or she will be redirected in the next step to the Payment Operator’s website where, by proceeding in line with the displayed instructions they will be able to pay for the ordered Product. The Seller stipulates however that failure to complete payment process by the Client through the website of Payment Operator shall not affect the binding of the Client via the submitted Order.
- The Seller, having verified the Order, in particular in terms of Product availability, confirms obtaining it by sending confirmation to the email address of the Client indicated during registration or submitted Order (in case of lack of registration) of acceptance of the Order for realization (acceptance of Client offer) and at that point in time a binding Contract is concluded subject to the below provisions. In case of any irregularities related to the Order (such as lack of Product in stock), noted by the Seller after submission of the Order by the Client, the Seller reserves the right not to accept the Order and to place a new offer before the Client for their approval or rejection instead of an email message confirming acceptance of the initial Order made by the Client. In case when the Seller fails to confirm acceptance of the Order or the Client does not agree to the new offer proposed by the Seller, the Contract shall not be concluded. In such a case - if the Client selected “upfront” payment and settled it already by means of the Payment Operator’s website - the Seller shall immediately reimburse the Client for the spent funds no later however than within 14 days from the date of conduct of payment for the Product to the bank account from which the payment was made.
VIII. Prices and method of payments Invoice/receipt
- Prices for Products are indicated in three currencies: Polish zloty, Euro, US Dollar and these prices are gross, that is, containing value added tax (VAT). In case of selecting the option “free-of-charge delivery,” the delivery costs are not calculated.
- Prices which are indicated on the Online Store website do not contain the costs of delivery.
- The Seller reserves the right to change prices of Products displayed on the Online Store website, remove Products from the offer or introduce new Products to the offer, carry out and cancel promotional campaigns or introduce changes to them at any time, unless the provisions of the Terms of Service of a given promotional campaign state otherwise.
- The Seller discloses various payment methods on account of the contract to the Client. The Client may make the following payments:
a) via przelewy24 system: a fast online banking system through generating a transfer form (cash payment), via PayPal method, instalments,
b) via PayPal system,
c) by cash or payment card upon collection of the Product (payment upon collection). The Client is obliged to pay for the Product upon collecting the parcel. Refusal to collect the Product, despite assigning an additional term, shall be a resolutive condition with respect to the concluded contract.
- The Product price is binding from the moment of submission with the Seller of the Order by the Client. In case of the Seller having confirmed acceptance of the Order for realization, the Product price cannot change, regardless of any potential later changes in the prices of Products at the Online Store in the course and post realization of that Order.
- The Seller may apply mechanisms of individual adjusting of the price of Product on the basis of an automated undertaking of decisions of which the Seller shall notify the Client with respect to a given Product prior to submitting an Order.
- The proof of purchase of the Product is issued and attached by the Seller to each parcel. After submission of the Order it is not possible to modify any data of the purchaser of the Product to any other data of the Client than those specified during Order submission. In case of lack of document confirming the purchase, the Client may report this fact in order to supplement the documents of sale through sending email messages to the address: email@example.com or to the postal address of the Seller.
- The Seller reserves the right to Product ownership until obtaining full payment for the ordered Product.
- Delivery of ordered Products occurs via courier delivery. Delivery of Products to Clients is paid unless the Contract states otherwise.
- Realization term of the delivery indicated on the Product is calculated from the date of obtaining payments to the bank account of the Seller. Standard time of delivery of orders in the territory of Poland amounts to 3 working days (with the exception of products produced at order). The total waiting time for obtaining the Product by the Client (delivery term) constitutes the time for preparation of the Order to be posted by the Seller and the time of delivery of the Product by the delivery supplier.
- During parcel collection by the Client, he or she ought to verify the completeness of the parcel content and in case of noting any mechanical damages or incompleteness of the parcel components, the Client is obliged to write down a damage protocol in the presence of the delivery supplier. The protocol must be elaborated in two identical copies signed by the Client and by the delivery supplier’s representative.
X. Entitlement to withdrawal from the contract
- The Client who is a consumer and an entrepreneur with consumer entitlements who concluded a remote contract may, within 14 calendar days, withdraw from it without indicating any causes and without incurring any costs with the exception of the delivery costs. Entitlement to withdraw from the remote contract shall be calculated from the day in which the Product delivery occurred.
- The consumer and the entrepreneur with consumer entitlements may withdraw from the Contract by submitting a statement of withdrawal to the Seller. Such statement may be submitted, for instance, in writing to the Seller's address [IMG S.A., Strażnicza 1, 82-300 Elbląg] or by means of electronic post to the Seller’s address, that is: firstname.lastname@example.org. Statement may be submitted via a form the template of which shall constitute Appendix no. 1 to the Terms of Service. Sending a statement prior to the expiry of the term shall suffice in order for the deadline to be met.
- In case of withdrawal from the remote contract the contract shall be considered non-concluded. Whatever the Parties offered to one another shall be returned in an unmodified form. Should the Consumer or the Entrepreneur with Consumer’s entitlements submit a statement on withdrawal from the contract prior to the Seller accepting the offer, it shall cease to be binding.
- The Client is obliged to immediately return the purchased Product and to send it back to the following address: IMG S.A., Strażnicza 1, 82-300 Elbląg including the filled out form (after prior email submission of the will to return the Product to the address email@example.com). The returned Product must be returned in its original packaging along with confirmation of purchase (VAT invoice or order no.). The Product returned by the Client must be packed in the proper manner so as to ensure lack of damages during transport. After proper verification of the Product, the Seller shall reimburse the funds within 14 days. The cost of Product delivery to the Seller, incurred by the Client, shall be non-refundable.
- Should the consumer or the entrepreneur with consumer's entitlements exercising the right of withdrawal select a manner of delivery of Product other than the cheapest standard manner of Delivery offered by the Seller, the Seller shall not be obliged to reimburse the consumer or the entrepreneur with consumer's entitlements for additional costs incurred by them.
- The consumer and the entrepreneur with consumer’s entitlements shall bear the responsibility for decreasing the value of Products which are the result of its use in a manner that extends beyond the manner necessary for identification of the nature, features and functioning of the Product.
- The Seller shall carry out payment reimbursement with the use of the same manner of payment which was applied by the consumer or entrepreneur with consumer's entitlements, unless they explicitly agreed to an alternative manner of reimbursement which does not entail any other costs.
XI. Seller’s liability towards the Consumer and the Entrepreneur with Consumer rights
The Seller is obliged to provide the Client who is a Consumer or who is an Entrepreneur with the rights of a Consumer with Goods in accordance with the contract.
The goods remain in conformity with the contract if following requirements also remain in conformity with the contract:
a. description, type, quantity, quality, completeness and functionality, and with respect to products with digital elements – also compatibility, interoperability and availability of updates;
b. suitability for the specific purpose for which it is needed by the Consumer or Entrepreneur with the rights of the Consumer, of which the Consumer or Entrepreneur with the rights of the Consumer notified the Seller at the latest upon conclusion of the contract and which the Seller accepted.
Furthermore, the goods in order to be considered in conformity with the contract, must:
a. be suitable for the purposes for which Goods of this kind are normally used, taking into account applicable laws, technical standards or good practices;
b. appear in such quantity and have such characteristics, including durability and safety, and, with respect to Goods with digital elements, also functionality and compatibility, as are typical for Goods of this type and which the Consumer or Entrepreneur with the rights of the Consumer may reasonably expect, taking into account the nature of the Goods and the public assurance made by the Seller, its legal predecessors or persons acting on their behalf, in particular in the advertisement or on the label, unless the Seller demonstrates that:
- he/she did not know about the public assurance in question and, judging reasonably, could not have known about same;
- before the conclusion of the contract, the public assurance was rectified in the terms and form in which the public assurance was made, or in a comparable manner;
- the public assurance did not affect the decision of the Consumer or the Entrepreneur with the rights of the Consumer to conclude the contract.
c. be delivered with packaging, accessories and instructions that the Consumer or Entrepreneur with the rights of the Consumer may reasonably expect to be provided;
d. be of the same quality as the sample or design that the Seller made available to the Consumer or Entrepreneur with the rights of the Consumer prior to the conclusion of the contract, and correspond to the description of such sample or such design.
- The Seller shall not be liable for non-compliance of the Goods with the contract regarding what was referred to in paragraph 3, if the Consumer or Entrepreneur with the rights of the Consumer, at the latest at the time of the conclusion of the contract, was clearly informed that a specific feature of the Goods deviates from the requirements for compliance with the contract specified in paragraph 3, and expressly and separately accepted the lack of a specific feature of the Goods.
- The Seller shall be liable for the lack of conformity of the Goods with the contract resulting from improper installation of the Goods, if:
a. it was carried out by or under the responsibility of the Seller;
b. the improper installation carried out by the Consumer or the Entrepreneur with the rights of the Consumer was due to errors in the instructions provided by the Entrepreneur or a third party.
- The Seller shall be liable for the lack of conformity of the Goods with the contract existing at the time of their delivery and disclosed within two years from that time, unless the term of usefulness of the Goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. The lack of conformity of the Goods with the contract, which became apparent before the expiration of two years from the time of delivery of the Goods, shall be presumed to have existed at the time of delivery, unless the contrary is proven or the presumption cannot be reconciled with the specifics of the Goods or the nature of the lack of conformity of the Goods with the contract.
- The Seller may not invoke the expiration of the time limit for determining the non-conformity of the Goods with the contract specified in paragraph 6, if the lack has deceitfully been concealed.
- If the Goods are inconsistent with the contract, the Consumer or Entrepreneur with the rights of the Consumer may demand its replacement.
- The Seller may make a replacement when the Consumer or Entrepreneur with the rights of the Consumer demands repair, or the Seller may make a repair when the Consumer or Entrepreneur with the rights of the Consumer demands replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer or Entrepreneur with the rights of the Consumer is impossible or would require excessive costs on the part of the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the Goods into conformity with the contract.
- In assessing the excessiveness of the costs for the Seller, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the Goods with the contract, the value of the Goods in conformity with the contract and the excessive inconvenience to the Consumer or Entrepreneur with the rights of the Consumer arising from the change in the manner of bringing the Goods into conformity with the contract.
- The Seller shall repair or replace the Goods within a reasonable time from the moment the Seller was informed by the Consumer or Entrepreneur with the rights of the Consumer about the lack of conformity with the contract, and without undue inconvenience to the Consumer or Entrepreneur with the rights of the Consumer, taking into account the specifics of the Goods and the purpose for which the Consumer or Entrepreneur with the rights of the Consumer purchased them. The cost of repair or replacement, including in particular the cost of postage, transportation, labour and materials, shall be borne by the Seller.
- The Consumer or Entrepreneur with the rights of the Consumer shall make available to the Seller the Goods subject to repair or replacement. The Seller shall collect from the Consumer or Entrepreneur with the rights of the Consumer the Goods at his expense.
- If the Goods were assembled before the Goods became inconsistent with the contract, the Seller disassembles the Goods and reassembles them after repair or replacement, or has these activities performed at its expense.
- The Consumer or Entrepreneur with the rights of the Consumer shall not be obliged to pay for the ordinary use of the Goods, which were subsequently replaced.
- If the Goods are inconsistent with the contract, the Consumer or Entrepreneur with the rights of the Consumer may make a statement of price reduction or withdrawal from the contract when:
a. The Seller has refused to bring the Goods into conformity with the contract in accordance with paragraph 9 above;
b. The Seller has failed to bring the Goods into conformity with the contract in accordance with paragraph 11 to paragraph 13 above;
c. the lack of conformity of the Goods with the contract continues even though the Seller has tried to bring the Goods into conformity with the contract;
d. the lack of conformity of the Goods with the contract is so significant that it justifies a reduction of the price or withdrawal from the contract without first resorting to the means of protection set forth from paragraph 8 to paragraph 13 above;
e. it is clear from the Seller's statement or circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer or the Entrepreneur with the rights of the Consumer.
- The reduced price must remain in such proportion to the price under the contract as the value of the Goods not in conformity with the contract remains to the value of the Goods in conformity with the contract.
- The Seller shall return to the Consumer or Entrepreneur with the rights of the Consumer, the amounts due as a result of the exercise of the right to reduce the price immediately, no later than within 14 days from the date of receipt of the statement of the Consumer or Entrepreneur with the rights of the Consumer about the reduction of the price.
- The Consumer or Entrepreneur with the rights of the Consumer may not withdraw from the contract if the lack of conformity of the Goods with the contract is insignificant. The lack of conformity of the Goods with the contract shall be presumed to be material.
- If the lack of conformity with the contract concerns only some of the Goods delivered under the contract, the Consumer or the Entrepreneur with the rights of the Consumer may withdraw from the contract only with respect to these Goods, as well as with respect to other Goods acquired by the Consumer or the Entrepreneur with the rights of the Consumer together with the non-conforming Goods, if the Consumer or the Entrepreneur with the rights of the Consumer cannot reasonably be expected to agree to keep only the non-conforming Goods.
- In the event of withdrawal from the contract, the Consumer or Entrepreneur with the rights of the Consumer shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall return the price to the Consumer or Entrepreneur with the rights of the Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return.
- The Seller shall refund the price using the same method of payment used by the Consumer or Entrepreneur with the rights of the Consumer, unless the Consumer or Entrepreneur with the rights of the Consumer expressly agreed to a different method of return that does not involve any costs for him.
- Goods presented in the Online Store may be covered by a manufacturer's or distributor's warranty. Information about the terms and period of the warranty is posted on the Store's Website. The Seller does not provide a warranty for any Goods sold in the Store, unless otherwise stated in the description of the Goods.
- In the event that the Goods are inconsistent with the contract, the Customer is obliged to fill out a complaint form (after prior e-mail notification of the desire to complain about the Goods with photos of inconsistencies to firstname.lastname@example.org) and attach it to the parcel along with the Goods and confirmation of its purchase (VAT invoice or order number). The complaint parcel containing the Goods not in conformity with the contract and the complaint form together with photos and confirmation of purchase should be sent to the address: IMG S.A., 1 Strażnicza Street, 82-300 Elbląg.
- The Seller shall respond to the Customer's complaint within 14 days from the date of receipt of the complaint form/shipment and notify the Customer of further proceedings.
XII. Liability to the Entrepreneur
- The Seller's liability under warranty to the Customer who is an Entrepreneur is excluded, in accordance with Article 558 § 1 of the Civil Code.
- Goods presented in the Online Store may be covered by a manufacturer's or distributor's warranty. Information about the terms and period of the warranty is provided on the Store's Website. The Seller does not provide a warranty for any Goods sold in the Store, unless otherwise stated in the description of the Goods.
XIII. Client Account Maintenance Agreement Complaints in the scope of provisions of services via electronic means
- Client Account Maintenance Agreement on the website of the Online Store is concluded by the Seller for an indefinite period of time. The Agreement consists in the provision via electronic means of services involving provision of a possibility to use the Client Account functionality by the Client.
- Both the Client and the Seller shall be entitled to terminate the Client Account Maintenance Agreement at any time without having to specify the cause and without incurring any costs in this regard whilst preserving by the other party of the previously obtained rights.
- The Client who conducted registration in the Online Store may terminate the Account Maintenance Agreement through independent submission of an order to remove one's Client Account or through submission to the Seller of a demand to remove one's Client Account whilst in such a case submission of demand of Client Account removal shall occur after the expiry of the termination period equal to 5 days.
- In order to terminate the Agreement on the provision of services the Seller shall notify the Client of this fact by sending him an applicable statement within 14 days from the planned date of the Client Account Maintenance Agreement termination to the address of electronic post of the Client indicated upon registration.
- The Seller shall be entitled to terminate the Client Account Maintenance Agreement in an immediate mode in case of breaching by the Client of the provisions of the hereby Terms and Conditions.
- IMG S.A. Shall undertake actions in order to ensure fully correct operations of the Store in the scope in which it is envisaged by the current technical knowledge state and undertakes to remove all irregularities submitted by Clients in a reasonable timeframe.
- The Client undertakes to immediately notify the Store Owner of all irregularities or downtime in the Online store service functioning.
- Irregularities related to the functioning of the Store may be submitted by the Client in writing to the following address: IMG S.A., ul. Kowalska 8-9/7, 82-300 Elbląg or by email to the address: email@example.com.
- Within the complaint the Client should indicate their first name and surname, correspondence address, type and date of submission of irregularities related to the Store functioning.
- The Store owner undertakes to consider the complaints within 14 days and if this turns out to be impossible, he shall notify the Client within this period about the deadline for considering of a given complaint.
XIV. Other manners of handling complaints and pursuing claims
The use of out-of-court methods of handling complaints and pursuing claims is of voluntary nature. The below provisions are of information nature and do not constitute an obligation of the Seller to use the out-of-court manners of handling disputes. Seller's statement on the consent or refusal to participate in the proceeding regarding out-of-court handing of consumer disputes is submitted by the Seller on paper or on another durable carrier in case when as a result of a complaint submitted by the Consumer the dispute was not resolved.
Detailed information concerning the possibility of using by the Client who is a Consumer of out-of-court methods of handling complaints and pursuing claims and the principle of access to these procedures are available in the seats and on internet websites of the poviate (municipal) consumer ombudsmen, social organizations the statutory tasks of which include protection of consumers, Voivodeship Commercial Inspection Inspectorates and at the internet addresses of the Office for Protection of Competition and Consumers.
The Client, who is a Consumer, has the following sample possibilities of using the out-of-court methods of handling complaints and pursuing claims:
a. The Client is authorized to turn to the permanent amicable consumer court functioning by the Commercial Inspection with an application to handle a dispute that stems from the concluded Agreement.
b. The Client shall be authorized to turn to the Voivodeship inspector of Commercial Inspection with an application to initiate a mediation proceeding concerning an out-of-court handling of a dispute between the Client and the Seller.
c. The Client may obtain a free-of-charge assistance concerning resolving a dispute between him and the Seller also through the use of a free-of-charge assistance of the poviate (municipal) consumers ombudsman or a social organization with statutory tasks of consumer protection (such as the Federation of Consumers, Association of Polish Consumers).
d. The Client may submit a complaint by means of an online platform ODR: http://ec.europa.eu/consumers/odr/. The ODR platform constitutes a source of information on the forms of out-of-court resolving of disputes which may occur between entrepreneurs and consumers.
The Seller does not agree to participate in proceedings for out-of-court resolution of consumer disputes, pursuant to the content of the provision of Article 32 paragraph 1 point 2 of the Act of September 23, 2016 on out-of-court resolution of consumer disputes.
XV. Personal data
XVI. Final provisions
- The content of the Terms of Service may be saved through printing, saving on a carrier or downloading at any time from the website of the Online Store.
- In all matters not resolved in the above Terms of Service the provisions of Civil Code and other relevant acts shall apply. The provisions of the hereby Terms of Service must be interpreted in a manner that ensures their compliance with the binding provisions of law.
- The Seller reserves the right to modify the hereby Terms of Service. Any changes in the hereby Terms of Service shall be binding from the date of their announcement on the website of the Store, whilst a modification does not concern orders submitted prior to changes of Terms of Service which are realized according to the so far conditions unless the Client demands application with respect to his order of modified provisions of the Terms of Service.
- The Terms of Service shall be binding from 25 January 2023.
Appendix No. 1 – Information on the Use of the Right of Withdrawal/Model instructions on withdrawal from the contract
Right of withdrawal
You have the right to withdraw from this contract within 14 days without stating any reason, and in the case of a contract concluded during an unscheduled visit to the consumer's residence or usual place of stay or a tour - within 30 days.
The term of withdrawal shall expire after 14 days from the day on which you took possession of the goods or on which a third party other than the carrier and a party indicated by you took possession of the goods, and in the case of a contract concluded during an unscheduled visit to the consumer's residence or usual place of residence or a tour - after 30 days from the day on which you took possession of the goods or on which a third party other than the carrier and indicated by you took possession of the goods.
To use your right of withdrawal, you must inform us, IMG S.A., 1 Strażnicza St., 82-300 Elbląg, firstname.lastname@example.org, of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail or e-mail).
You may use the model withdrawal form, but it is not mandatory. You may also fill out and submit the withdrawal form or any other unequivocal statement electronically via our website www.gipara.com. If you use this option, we will promptly send you an acknowledgement of receipt of the withdrawal information on a durable medium (for example, by e-mail).
In order to comply with the withdrawal term, it is sufficient for you to send information regarding the exercise of your right of withdrawal before the expiry of the withdrawal term.
Consequences of withdrawal from the contract
In the case of withdrawal from this contract, we will return to you all payments received from you, including the costs of delivery of the goods (except for the additional costs resulting from your choice of a delivery method other than the cheapest ordinary delivery method offered by us), immediately and in any case no later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this contract. We will refund the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this refund.
We may withhold reimbursement until we receive the goods or until you provide us with proof of return, whichever event occurs first.
Please send back or give us the goods to the address: IMG S.A., 1 Strażnicza St., 82-300 Elbląg, immediately and in any case no later than 14 days from the day on which you informed us of your withdrawal from the hereby contract. The deadline is met if you send back the goods before the expiry of the 14-day period.
You will have to bear the direct costs of returning the goods.
You will be liable only for any diminution in the value of the goods resulting from your use of the goods other than one necessary to ascertain the nature, characteristics and functioning of the goods.
Appendix No. 2 - Sample withdrawal form template
Download a pdf version of the form
SAMPLE WITHDRAWAL FORM
(This form should be completed and sent back only if you wish to withdraw from the contract)
IMG S.A., ul. Strażnicza 1, 82-300 Elbląg
- I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following goods(*) the contract of delivery of the following goods(*) the contract of work consisting in the performance of the following goods(*)/the provision of the following service(*)
- Date of conclusion of the contract(*)/ receipt(*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if the form is sent in a hardcopy format)
(*) Delete as appropriate