§ 1. General provisions
1. These regulations, hereinafter referred to as “Regulations”, set out the rules for the use of the online store located at URL http.www.gangaru.com
2. The store is operated by GunGan Sp. z o.o. with its registered seat at Boczna 4/310 Street 50-502 Wrocław, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the city of Wroclaw, under the number KRS 0000679280, having a NIP 8992819315.
3. Address of the Store and contact information: Internet address - www.gangaru.com e-mail - kontakt@gangaru.com , telephone +48 533 353 596 correspondence address - Boczna 4/310 Street, 50-502 Wrocław.
4. Each person should read the Terms and Conditions of the Store before using it.
5. Making purchases in the Store requires the Customer to have an active and working email account.
§ 2. Definitions
The terms used in the Regulations shall mean respectively:
(a) Store - an online store operating at www.gangaru.com , selling products at a distance;
b) Customer - any entity making a purchase in the Online Store in accordance with the content of the Regulations, including both a Consumer and an Entrepreneur;
c) User - any entity using the Internet who accesses the Store's website.
d) Customer Account - a field containing data on transactions carried out
and an instrument used to process orders placed by the Customer;
e) Newsletter - a service provided by the Online Store for the benefit of Users who have agreed to receive the Newsletter, which consists in sending to such Users any information about the operation of the Online Store, after the User voluntarily provides his/her e-mail address, name and surname;
f) Consumer - a natural person making a legal transaction with an entrepreneur not directly related to his/her business or professional activity;
g) Entrepreneur - a natural person, legal person or unincorporated entity making a legal transaction on its own behalf within the framework of its business
or professional activity;
h) Business days - days of the week from Monday to Friday, except for public holidays
public holidays;
(1) Through the Store is conducted distance sales via the Internet of an assortment of leisure and entertainment equipment and sports equipment.
2 The offered items are new, unused.i) Terms and Conditions - this document, setting out the terms and conditions for the use of the Online Store and the purchase of products therein;
j) Registration - voluntary submission of data by a Customer of the Store consisting of filling out a form available on the pages of this Store.
§ 3. Types and scope of the Store's activities
1. Through the Store is conducted distance sales via the Internet of an assortment of leisure and entertainment equipment and sports equipment.
2. The offered items are new, unused.
§ 4. Privacy Policy
1) By placing an order, the Customer agrees to the collection and processing of his/her personal data in accordance with the Personal Data Protection Act of 29.08.1997 (Journal of Laws of 2002, No. 101, item 926, as amended) by the Administrator for the purpose necessary to carry out the provisions of these Regulations and the services provided on their basis.
(2) The Administrator of the Personal Data is GunGan Sp. z o.o. with headquarters: 50-502 Wroclaw, Boczna 4/310 , entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the city of Wroclaw, under KRS number 0000679280, holding NIP 8992819315.
(3) The Administrator is entitled to disclose personal data only to entities authorized under applicable law, in accordance with the provisions of the Terms of Use and applicable laws.
(4) The user has the right to inspect and modify their personal data at any time,
as well as their immediate deletion upon notification to the Administrator, who shall make
at the request of the User to modify or completely delete the data.
(5) Only personal data provided by the Customer voluntarily are collected. The data are processed for the purpose necessary to carry out the provisions of these Regulations, and in particular to:
a) conclusion of the contract of sale of the ordered goods,
b) delivery to the customer of the goods for which the customer has placed an order
c) issue a document confirming the sale transaction of goods
d) record the transaction in the Store's computerized accounting system for the period required by law, and store personal data in the computerized accounting system to ensure the history of business transactions made by the Store,
e) store the Customer's personal data in the Customer database.
(6) With additional consent given by the Customer, the collected personal data may also be used for promotional and marketing purposes, including, in particular, to present the Customer with the store's commercial offer and other marketing information related to the Store.
(7) In the case of a newsletter subscription and consent to receive it in the process of registration or placing an order (consent to receive commercial information electronically), it is only necessary to provide an e-mail address for this purpose, to which commercial information from the Administrator will be sent. The Customer may resign from sending such information at any time by writing a return e-mail with a statement of resignation or by clicking on the unsubscribe link located in the footer of each newsletter.
(8) The data provided during the ordering process are also processed by the following entities to the extent provided: name, address, telephone, e-mail indicated as the delivery address are transferred to shipping companies in the form of a shipping label/letter which is also a delivery order. Depending on the selected type of shipment is transmitted :
(a) DPD courier, FEDex, K-ex;
b) Poczta Polska
c) InPost
(9) The customer at any time has the right to access the content of his personal data and the right to correct them and request their deletion.
(10) The Administrator informs that the Customer is not obliged to provide his/her personal data, but refusal to provide it will prevent the proper performance of the services specified in the Regulations and the benefits under the contract between the Store and the Customer.
11. collected data are carefully protected in accordance with applicable laws. The Administrator shall make every effort to ensure that the stored data is properly secured.
(12) The Store uses cookies. When a Customer visits the Store's website, the Store's system sends at least one cookie file to the Customer's computer in order to uniquely identify the browser. The Store's server automatically logs the information sent by the Customer's browser when viewing the sites. Server logs may include information such as network request, IP address, browser type and language, date and time the request was sent. This information allows us to improve the quality of our service by identifying and storing Customer preferences and tracking trends, such as the ways in which our site is searched. The Customer can prohibit receiving cookies, thus remaining anonymous, although by not allowing cookies to be registered, the Store will not be able to identify the Customer or their preferences. Detailed information about cookies is contained in the Cookies Policy available in the Cookies tab.
13 The Store informs Customers that the services offered through the Store are provided via the public Internet network. In connection with the above, the Store draws the Customers' attention to the fact that the use of the Store's services may involve the risk of interference by third parties in the transmission of data sent via the Internet between the Store and the Customer.
14. information on the principles and methods of recording, securing and making available by the Store to the other party the content of the concluded contract:
a) Recording, securing and making available the content of the concluded agreement is done by sending an appropriate e-mail message after the conclusion of the Sales Agreement.
b) Recording, securing and making available the content of the concluded Sales Agreement takes place by sending the content of the concluded agreement to the Customer at the e-mail address provided or by providing the Customer with the Order specification and proof of purchase.
c) The content of the concluded contract is additionally recorded and secured in the Service Provider's data communications system and made available at each request of the Client.
§ 5. Technical requirements
(1) For proper and uninterrupted use of the Store, the Customer's station/end device should meet the following minimum technical requirements:
(a) active Internet connection,
b) enabled acceptance of cookies and Java Scripts.
(2) The Store is not obliged to provide the above devices and/or software.
(3) The installation of the software referred to in paragraph 1 is subject to a separate license agreement between the customer and the licensor.
4.The store's website is adjusted to a screen resolution of 1920 x 1080 px
§ 6. Rules for making purchases
(1) Making a purchase of a Product does not require registration in the Store.
(2) The Store, before confirming the purchase, provides the Customer with the following information:
(a) the exact description of the product in question and its features;
b) the total price of the ordered products, including taxes, as well as the charge for transportation, delivery or postal services and a summary of the total amount of the order with the selected delivery option;
c) concerning the method and date of payment;
(d) concerning the manner and timing of performance by the entrepreneur.
(3) Placing an order is done by means of a form, available on the store's website available in the summary of the shopping list/basket after pressing the button - “Send a request”, or by e-mail sent to the address provided in the Store. To place an order, the customer must provide the following data:
(a) Name and surname
b) E-mail address
c) Phone number
d) Tax identification number (for customers - entrepreneurs)
e) Company name ((for customers - entrepreneurs)
f) Shipping address details
(4) The Customer places an order after reading the information specified in the content of the store's Regulations and the information indicated in paragraph 2, which will be sent in an e-mail to the address provided in the inquiry form. After reading the accumulated information specified for the Customer's order, the Customer expresses his/her will to be bound by the agreement by confirming the order in an e-mail message.
(5) All prices displayed on the Store's pages are in Polish zloty and include VAT. The price displayed in the summary of the shopping cart before placing the order includes the shipping costs in accordance with the option selected by the Customer.
6th The store undertakes to deliver items free of defects.
(7) An order shall be considered accepted for execution after the Store confirms acceptance of the order placed by the Customer:
(a) confirmation of order acceptance is sent automatically after the order is placed by the Customer;
b) the Store may withhold acceptance of an order if it has doubts as to the truthfulness or reliability of the data indicated by the Customer in the registration form. In this case, the Store will immediately contact the Customer in order to clarify the doubts in question.
c) In case of unavailability of some of the products included in the order, the Customer is immediately informed about it. The Customer decides whether the order is to be fulfilled in part or cancelled in full.
(8) The Customer and the Store are bound by the price of the Product in effect at the time of placing an order for it.
(9) The following payment methods are honored in the Store:
(a) payment by cash on delivery at the time of collection of the shipment delivered by the postal operator or courier company,
b) ordinary transfer, to account no: 36 2490 0005 0000 4530 4365 0501
c) by Bitcoin currency to the account number provided in the email confirmation
(10) The deadline for payment shall be 7 working days from the date of acceptance of the order for processing.
(11) The contract shall be deemed concluded upon confirmation of acceptance of the order in the case of selection of cash on delivery payment or upon payment by the Customer, after receipt of confirmation of acceptance of the order for processing.
(12) The ordered goods are shipped within 2 working days:
(a) from the crediting of the amount due for the product in case of selection of payment in advance,
b) from confirmation of acceptance of the order for execution in case of choice of payment on delivery
d) Shipments are sent via courier company DPD, FEDex, K-ex, Polish Post, or to InPost Parcel Machines. Shipping costs are specified in the Shipping tab. The cost of foreign shipments is determined individually with the customer - depending on the destination of delivery.
(13) In the case of an order of several pieces of goods, as a rule, the goods are packed collectively in one shipment, unless, when choosing a method of delivery, the Customer indicates a different method of packaging and selects the option of separate delivery for each product.
(14) The Customer will be notified by e-mail about the shipment of goods. When choosing courier delivery, the Customer will receive a tracking number via email. The shipment can be located at the address of the carrier handling the order.
15th The maximum delivery period according to the Law on Consumer Rights is up to 30 days. If the deadline indicated in the preceding sentence is exceeded, the Consumer has the right to give the seller additional time. If the goods are still not delivered, the Customer may withdraw from the contract.
(16) If the goods are to be sent by the Store to a Customer who is a consumer, the danger of accidental loss or damage to the thing (goods ) passes to the Customer at the time of its release to the Customer. Release of the thing (goods) is considered to be its entrustment by the Store to the carrier, if the Store had no influence on the choice of the carrier by the buyer.
(17) Along with the product, the Store sends an information form (instruction on withdrawal from the contract) and a form on withdrawal from the contract - the forms are attached as Appendix 1 and 2 to these Regulations.
(18) A receipt confirming the purchase is sent along with the Product. At the request of the Customer, a VAT invoice is issued. The Customer is obliged to provide complete data necessary for proper issuance of a VAT invoice:
(a) Name/company;
b) Address of residence/site,
c) Tax Identification Number (for companies),
d) Order number,
e) Mailing address
19) Each customer who registers and/or makes an order agrees to receive information related to the progress of the transaction, notifications of changes to these Terms and Conditions to the email address provided by the customer.
20 Other information relating to the operation of the Service, as well as containing commercial information about new products or services of the Service, about promotions of the Service and promoting products of the Administrator's partners will be sent only to those Customers who have given their consent.
§ 7. Complaints
(1) In terms of complaints, the Customer who is a Consumer may exercise the rights granted by the provisions of the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended) and the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014 item . 827 of June 24, 2014).
(2) The store is liable to the customer under the warranty if the sold thing (goods) has a physical or legal defect. A physical defect consists in non-compliance of the sold thing (goods) with the contract. In particular, the sold thing (goods) is inconsistent with the contract if:
(a) does not have the properties that a thing of this kind should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
b) does not have the properties that the Store assured the Customer of, including by presenting a sample or specimen;
c) it is not suitable for the purpose about which the Customer informed the Store at the conclusion of the contract, and the Store did not object to such purpose;
d) has been given to the Customer in an incomplete condition.
(3) Complaints about ordered goods may be submitted by e-mail to kontakt@gangaru,com or by registered mail to Boczna 4/310 Street, 50-502 Wrocław.
(4) When filing a complaint, please provide the following data: name and surname of the Customer, address, data allowing identification of the sale (e.g. e-mail from which the order was placed, invoice number, date of transaction), subject and reason for the complaint, contact information.
(5) Determining the manner of implementation of the Store's obligations in the scope of a reported complaint about the occurrence of physical or legal defects in the item, the Customer, who is a consumer, has the right to make a statement of price reduction or withdrawal from the contract, unless the Store immediately and without undue inconvenience for the Customer will replace the defective item with a defect-free one or remove the defect. This restriction does not apply if the thing has already been replaced or repaired by the seller (the Store) or the Store has failed to comply with the obligation to replace the thing with a defect-free one or remove the defect.
(6) If the Customer is a Consumer , he may, instead of the removal of defects proposed by the Shop, demand the replacement of the item with a defect-free item, or instead of replacing the item demand the removal of the defect, unless bringing the item to conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared with the manner proposed by the Shop. When assessing the excessiveness of the costs, the value of the defect-free item, the type and significance of the identified defect shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the Customer.
(7) The reduced price shall remain in such proportion to the price under the contract as the value of the thing with the defect remains to the value of the thing without the defect.
(8) The customer may not withdraw from the contract if the defect is insignificant.
(9) Complaints submitted by the customer will be considered within 14 days of their submission. Failure to make a statement within this period shall be considered recognition of the claims made by the Customer.
(10) The Client will be notified of the resolution of the reported complaint by the same means by which the complaint was sent, unless the Client stipulates another form of contact. Resolution of the complaint will additionally be sent electronically to the e-mail address indicated by the Client.
(11) In the case of a positive resolution of a complaint, the Store shall send to the Customer goods free of defects or with the defect removed within a reasonable time. If repair or replacement with a new product is not possible for the reasons indicated in paragraphs 5 and 6, the Store according to the alternative request submitted by the Customer - will reduce the price or return the equivalent of the product price, plus shipping costs.
(12) The right to warranty is excluded for Customers purchasing as Entrepreneurs.
§ 8. Withdrawal from the contract by the consumer
(1) Pursuant to the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014, item 827), the Customer who is a consumer has the right to withdraw from the concluded contract in writing without giving any reason within fourteen days from the date of issue of the item, i.e. from the moment when the Customer took possession of the item , or when a third party other than the carrier indicated by the Customer took possession of the item. To maintain the fourteen-day period referred to in paragraph 1, it is sufficient to send a statement of withdrawal before its expiration. The statement can be made on the form, the model of which is included in the appendix to these Regulations and will be attached by the Store in hard copy to the shipment of the product. The use of the said form is optional.
(2) In accordance with Article 38 of the Law on Consumer Rights, the right of withdrawal from a contract concluded at a distance, in accordance with the Act, is not available to the consumer in cases:
(a) for the provision of services, if the entrepreneur has performed the service in full with the express consent of the consumer, who was informed before the start of the service that after the performance of the entrepreneur will lose the right to withdraw from the contract;
b) in which the price or remuneration depends on fluctuations in the financial market, over which the trader has no control, and which may occur before the expiration of the deadline for withdrawal from the contract;
c) in which the subject of the performance is a non-refabricated thing, produced according to the consumer's specifications or serving to meet his individualized needs;
d) in which the subject of the performance is an item subject to rapid deterioration or having a short shelf life;
e) in which the subject of the performance is an item delivered in a sealed package, which after opening the package cannot be returned́ for health or hygienic reasons, if the package has been opened after delivery;
f) in which the subject of the performance are things that after delivery, due to their nature, become inseparable from other things;
g) in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, and the delivery of which can only take placé after 30 days and the value of which́ depends on fluctuationś on the market, over which the entrepreneur has no control;
(h) in which the consumer expressly requested that the trader come to him to perform urgent repair or maintenance; if the trader provides additional services other than those which the consumer requested, or provides things other thaṅ spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things;
i) in which the subject of performance is̨ sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; for the supply of newspapers, periodicals or magazines, except for a subscription contract̨;
(j) concluded through a public auction;
k) for the provision of services in the field of accommodation, other than for residential purposes, carriage of goods, rental of self-carriages, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the daý or the period of performance of the service;
l) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the trader has informed him̨ of the loss of the right of withdrawal.
(3) In the event of withdrawal from the contract, the customer is obliged to return the goods to the address:
Store: Gangaru str. Boczna 4/310 , 50-502 Wrocław.
or give it to a person authorized by the Store to collect it immediately, but no later than 14 days from the day on which he or she withdrew from the contract, unless the Store offered to collect the item itself. Returned goods should be packed in a way that prevents them from being damaged in transit.
(4) If the Customer exercises the right referred to in paragraph 1, the direct costs of returning the goods shall be borne by the Customer .
(5) In the event of withdrawal from this contract, the Customer shall be refunded all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery offered in the delivery of goods available in the Store), immediately and in any case no later than 14 days from the date on which the Store was informed of the Customer's decision to exercise his right of withdrawal from the contract with the Store.
(6) The Store shall return the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of return that does not involve any costs for him.
(7) The Store may withhold reimbursement until it has received the returned Goods (items) or until it has provided proof of return of these goods in connection with the withdrawal, whichever event occurs first.
(8) If the customer who is a consumer has chosen a method of delivery of the thing (goods) other than the cheapest ordinary method of delivery offered by the entrepreneur, (applies to the method of initial delivery to the customer) the entrepreneur is not obliged to reimburse the customer for the additional costs incurred by him.
(9) The consumer shall be liable for any diminution in the value of the thing resulting from using it in a manner other than necessary to ascertain the nature, characteristics and functioning of the thing.
§ 9. Final provisions and description of the possibility to use out-of-court means of complaint handling and claim investigation
(1) The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer to which he is entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Regulations and the aforementioned regulations, those regulations shall take precedence.
(2) In matters not regulated by these Regulations, the provisions of Polish law shall apply, including in particular the Act of May 30, 2014 on Consumer Rights(Journal of Laws 2014 item . 827 of June 24, 2014) and the Act of April 23, 1964. - Civil Code (Journal of Laws 1964 no. 16 item 93 as amended).
(3) Information on the possibility of the Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection:
i. http://www.uokik.gov.pl/spory_konsumenckie.php;
ii. http://www.uokik.gov.pl/sprawy_indywidualne.php;
iii. http://www.uokik.gov.pl/wazne_adresy.php;
(4) A customer who is a consumer shall have, among other things, the following options for using out-of-court means of handling complaints and claims:
i. Permanent amicable consumer court operating at the Trade Inspection- the possibility of requesting the settlement of a dispute arising from the concluded Sales Agreement;
ii. the provincial inspector of the Commercial Inspection- the possibility of requesting the initiation of mediation proceedings on an amicable basis until the dispute between the Customer and the store is resolved;
iii. the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including but not limited to the Federation of Consumers, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;
iv. Online Disputes Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/
Annexes to the Regulations
A. INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL - INSTRUCTION ON WITHDRAWAL FROM THE CONTRACT
Right of withdrawal
(1) You have the right to withdraw from this contract within 14 days without giving any reason.
(2) The withdrawal period shall expire after 14 days from the day on which you have taken possession of the goods or on which a third party other than the carrier and indicated by you has taken possession of the goods.
(3) In order to exercise your right of withdrawal, you must inform the person responsible for performing the withdrawal action:
Sklep Gangaru.com owner: Marcin Szewczyk
return address: str. Boczna 4/310 , 50-502 Wrocław
about your decision to withdraw from this contract by an unequivocal statement.
(Please be informed that the statement can be sent, for example, by mail, fax or e-mail).
(4) You may use the model withdrawal form, but it is not mandatory.
You may also fill in and send the withdrawal form or any other unequivocal statement by e-mail to kontakt@gangaru.com If you use this option, we will immediately send you an acknowledgement of receipt of the withdrawal information on a durable medium (for example, by e-mail).
(5) In order to comply with the withdrawal period, it is sufficient for you to send information concerning the exercise of your right of withdrawal before the expiry of the withdrawal period.
6. Effects of withdrawal from the contract
In the event of withdrawal from this contract, we will reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of delivery offered by us), immediately and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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 item or until you provide us with proof of return, whichever event occurs first.
Please send back or hand over the item to us immediately, and in any case no later than 14 days from the day you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the expiration of the 14-day period.
You will have to bear the direct costs of returning the item.
You are liable only for the diminution in value of the item resulting from the use of the item other than what was necessary to ascertain the nature, characteristics and functioning of the item.
B. WITHDRAWAL FORM
Please be advised that this form must be completed́ and returned́ only if you wish to withdraw from the contract. The use of the form is optional.
CONTACT ADDRESS:
Gangaru.com store
Boczna 4/310 Street, 50-502 Wrocław
internet address - www.gangaru.com
e-mail - kontakt@gangaru.com ,
phone: +48 533 353 596
I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*) the contract of workmanship of the following items(*)/the provision of the following service(*)
Date of conclusion of the contract(*)/collection(*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if the form is sent on paper)
Date
(*) Delete unnecessary.