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Regulations

 

I. General Provisions

  1. 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.
  2. The hereby Terms of Service shall constitute a document which is specified by Art. 8 of the Act on services provided by electronic means. 
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. Contact data: 
    Postal address: IMG S.A., ul. Kowalska 8-9/7, 82-300 Elbląg, Poland
    E-mail: biuro@gipara.com
    Tel: (+48) 607430855

 

II. Definitions

Terms applied in the hereby document shall have the following meaning:

  1. Supplier - shall mean an entrepreneur providing transport or postal courier services for the benefit of the Seller, related to the Contract realization;
  2. 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;
  3. Civil Code - Act of 23 April 1964 (Journal of Laws No. 16 item 93 as amended);
  4. Consumer - natural person who conducts legal action not  directly related to their economic or professional activity with the entrepreneur;
  5. 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;
  6. 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’
  7. 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;
  8. 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;
  9. Online store (Store) - online service available at the address: www.gipara.com by means of which the Client may, in particular, submit Orders;
  10. Product - shall mean a movable item, offered by the Seller for sale to Customers by means of the online store;
  11. 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;
  12. 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
  13. 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;
  14. 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, registered in the District Court Gdańsk-Północ in Gdańsk, VIII Economic Department of the National Court Register at no. 0000367238.

 

III. Technical conditions

  1. 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;
    b) possessing an internet browser on the electronic device: Mozilla Firefox, minimum version 24.0 or later, Opera from version 10, Google Chrome version 28.0 or later, MS Internet Explorer version 8.0 or later which ensures handling Cookie files and JavaScript scripts. The use of other versions of internet browsers is allowed provided that they ensure full compliance with versions of browsers specified above;
    c) possessing an active electronic email account;
    d) minimum recommended screen resolution - 1024 x 768 pixels.
  2. 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,
    d) active function of Cookies files acceptance and JavaScript in the browser,
    e) software that enables reading of files in a PDF format.
  3. 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 

  1. 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.
  2. 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.
  3. 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.
  4. The Seller reserves all rights specified in sec. 1-2 above.
  5. 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.
  6. 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

  1. 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.
  2. The Seller undertakes to transfer onto the Client ownership of purchased Products and deliver (release) fault-free Products to him.
  3. The Client undertakes to pay the price and costs of delivery of Product ordered at the Online Store and to  collect it.
  4. 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.
  5. 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

  1. The Seller provides services via electronic means which enable setting up and using the Client Account on the Online Store website by clients.
  2. Viewing assortment of the Online Store does not require registration. 
  3. Registration in free of charge. 
  4. 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.
  5. 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.
  6. After indicating all data required in the registration form, the Client declares that he has familiarized with the content and accepted the hereby Terms of Service by clicking the relevant field of choice and the statements next to it as well as clicking the “REGISTER” option. On the subpage with registration form the Client may also familiarize themselves with the Seller Privacy Policy through clicking on the redirecting link located there (hyperlink).
  7. 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.
  8. 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.
  9. 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.
  10. 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

  1. 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.
  2. 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. 
  3. The choice of ordered Products is conducted through adding them to the basket.
  4. 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.
  5. 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).
  6. Accessories added to the Order in the form of a gratis item are not subject to future complaints.
  7. 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.
  8. 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.
  9. 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

  1. 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.
  2. Prices which are indicated on the Online Store website do not contain the costs of delivery.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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: biuro@gipara.com  or to the postal address of the Seller.
  8. The Seller reserves the right to Product ownership until obtaining full payment for the ordered Product.

 

IX. Delivery

  1. Delivery of ordered Products occurs via courier delivery. Delivery of Products to Clients is paid unless the Contract states otherwise. 
  2. 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. 
  3. 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

  1. 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. 
  2. 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: biuro@gipara.com. 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.
  3. 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.
  4. 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 addressbiuro@gipara.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.
  5. 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.
  6. 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. 
  7. 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. Complaints

  1. The basis and the scope of responsibility of the Seller towards the Client, should the sold Product have a physical or legal defect (warranty) are specified in the provisions of the Civil Code, in particular, in Art. 556 and the subsequent provisions of the Civil Code. 
  2. The Products presented by the Online Store may be subject to the manufacturer or distributor's warranty. Information regarding the period of warranty is available on the Online Store website. 
  3. The Seller shall be obliged to deliver the Product containing no defects to the Client. In case when the purchased Product has faults or defects, the Client shall be obliged to fill out the complaint form (after prior email submission of intention to submit a complaint with respect to the Product with photos of damages to the address biuro@gipara.com) and to attach it to the parcel with the faulty, clean Product and with a confirmation of its purchase (VAT invoice or order no.). A faulty product must be sent to the following address: IMG S.A., ul. Strażnicza 1, 82-300 Elbląg.
  4. Should the sold Product have faults, the Client may:
    a) Submit a statement on decreasing the price or withdrawing from the Contract unless the Seller immediately and without excessive inconvenience for the Client replaces the faulty Product and supplies a fault-free product or removes the occurring fault. The decreased price ought to remain in the same proportion to the price stemming from the contract as the value of the faulty Product remains towards the value of the fault-free Product. The Client may not withdraw from the Contract if the fault of the Product is minor;
    b) demand replacing the Product with a fault-free one or removing the fault. The Seller shall be obliged to replace the faulty Product and supply a fault-free Product or remove the fault in a reasonable timeframe without excessive inconvenience to the Client;
    - subject to and according to the principles specified in relevant provisions of the Civil Code.
  5. The Seller shall, within 14 days counting from the date of obtaining submission/delivery subject to a complaint, respond to the Client complaint and notify him of the manner of further proceeding.
  6. COD parcels or at the cost of the Seller shall not be collected.
  7. The Seller shall be liable on account of warranty if a physical fault is noted prior to the expiry of two years from the date of Product handover to the Client. Claims concerning removal of faults or exchange of Products into fault-free Products shall expire after one year counting from the date of noting the fault, however, in case of Orders submitted by the consumer - the course of the term of expiry cannot end prior to the expiry of the term specified in the first sentence.

 

XII. Contract for maintenance of Client Account. Complaints in the scope of provision of services via electronic means

  1. Contract for maintenance of Client Account on the Internet Store is concluded with the Seller for an indefinite period of time. The Contract consists in the provision of services via electronic means i.e. ensuring the Client with a possibility of using the Client Account functionality.
  2. Both the Client and the Seller shall be entitled to terminate the Contract for maintenance of Client Account at any time without indicating the cause and without incurring costs, subject to maintaining entitlements obtained by the other Party.
  3. The Client who conducted registration in the Online Store may terminate the Contract for maintenance of Client Account through independent submission of an order of Client Account removal or through submission to the Seller of a demand of removal of Client Account, whilst in this case, demands for removal of Client Account are realized after the expiry of the period of termination amounting to 5 days.
  4. The Seller, in order to terminate a contract for provisions of services, shall notify the Client of this fact by sending the relevant statement to the address of electronic post of the Client specified during registration at least 14 days from the planned date of termination of the Contract for maintenance of Client Account.
  5. The Seller shall be entitled to terminate the Contract for maintenance of Client Account effective immediately in case of breaching by the Client of the provisions of the hereby Terms of Service.
  6. IMG S.A. shall undertake actions in order to ensure fully correct operations of the Store in the scope which stems from the current technical state-of-art and undertakes to remove all irregularities submitted by Clients in a reasonable term.
  7. The Client undertakes to immediately notify the Store Owner of all irregularities or downtimes in the functioning of the Online Store service.
  8. Irregularities related to the Store functioning  may be reported in writing to the following address: IMG S.A., ul. Kowalska 8-9/7, 82-300 Elbląg or via email to the address: biuro@gipara.com.
  9. Complaints submitted by Clients should contain first name and surname, correspondence address, type and date of occurrence of the irregularity related to the Store functioning.
  10. Store owner undertakes to consider each complaint within the timeframe of 14 days or, if this is not possible, to notify the Client of the period in which their complaint will be handled.

 

XIII. Out-of-court manners of handling complaints and pursuing claims

  1. Availing of out-of-court methods of handling complaints and pursuing claims is of a voluntary nature. The below provisions are of informative character and do not constitute an obligation of the Seller to apply out-of-court methods of handling disputes. Seller’s statement on consent or refusal to participate in a proceeding concerning out-of-court settlement of consumer disputes is submitted by the Seller in hardcopy or on a permanent carrier in case when the dispute was not resolved as a result of the complaint submitted by the consumer.
  2. Detailed information concerning possibilities of the Client who is a consumer using out-of-court methods of settling complaints and pursuing claims as well as the principles of access to such procedures are available in the seats and on the websites of poviat (municipal) consumer ombudsmen, social organizations the statutory tasks of which include protection of consumers, Voivodeship Inspectorates of Commercial Inspection and at internet addresses of the Office for Protection of Competition and Consumers.
  3. The Client, who is a consumer, has the following sample options of using out-of-court methods of handling complaints and pursuing claims:
    a) The Client is entitled to turn to a permanent amicable consumer court operating by the Commercial Inspection with an application for resolving a dispute which stems from the concluded Contract.
    b) The Client is entitled to turn to the voivodeship inspector from the Commercial Inspection with an application for initiation of mediation proceeding regarding out-of-court resolving of a dispute  between the Client and the Seller.
    c) The Client may obtain free-of-charge assistance concerning resolving a dispute between him and the Seller, using also the free-of-charge assistance of the poviat (municipal) consumer ombudsman or social organizations whose statutory tasks include protection of consumers (i.e. Federation of Consumers, Association of Polish Consumers).
    d) The Client may submit a complaint by means of the online platform ODR: http://ec.europa.eu/consumers/odr/. ODR platform constitute a source of information regarding forms of non-governmental settlement of disputes which might arise between entrepreneurs and consumers.

 

XIV. Personal data

Detailed information concerning conditions for processing of personal data may be found in the tab “Privacy Policy”.

 

XV. Final provisions

  1. 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.
  2. 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.
  3. 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.
  4. The Terms of Service shall be binding from 27 September 2022.
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