The online store available at www.gumotest.pl (hereinafter referred to as the "Online Store") is run by Zbigniew Kawałek, running a business under the name GUMOTEST Zbigniew Kawałek with its registered office in Mazańcowice 57, 43-391 Mazańcowice, NIP: 547-149-86 -11, REGON: 070854934. These regulations define the types and scope of electronic services provided via the Online store, the rules for concluding sales contracts via the Online store, the rules for the performance of these contracts, the rights and obligations of the Customer and the Seller, as well as the procedure for withdrawal from the contract and complaint procedure
§1 Definitions
1. Online store - online store available at www.gumotest.pl
2. Seller - Zbigniew Kawałek running a business under the name GUMOTEST Zbigniew Kawałek with its registered office in Mazańcowice 57, 43-391 Mazańcowice, NIP: 547-149-86-11, REGON: 070854934.
3. Customer - a natural person, legal person or an organizational unit without legal personality, to which the law grants legal capacity, concluding a contract with the Seller,
4. Consumer - a natural person making a legal transaction with the Seller not directly related to its business or profes-sional activity.
5. Service - electronic services provided by the Seller via the Online Store.
6. Sales contract - a contract concluded remotely between the Customer and the Seller via the Online Store, the sub-ject of which is the purchase of the Goods.
7. Goods - a product, a movable thing that the Customer purchases via the Online Store.
8. Customer account - a set of resources in the Seller's ICT system, in which information about the Customer is col-lected, including address information and order history.
9. Order form - a form available in the Online Store that allows you to make a purchase.
10. Registration form - a form available in the Online Store that allows you to create a Customer Account.
§2 General provisions
1. The Seller undertakes to provide services to the Customer to the extent and under the conditions specified in the Regulations.
2. The Customer undertakes to use the Online Store in accordance with applicable law and principles of social coex-istence.
3. The Customer using the Seller's Services is required to comply with these Regulations.
4. The Customer agrees to the collection, storage and processing of personal data by the Seller in order to provide the service. Detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the "Privacy Policy" of the Online Store.
5. The Goods available in the Online Store are new, free from physical and legal defects. The Goods have been legal-ly introduced to the Polish market. Information about the Goods on the Online Store website constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of April 23, 1964, the Civil Code.
6. All prices given on the Online Store website are given in Polish zlotys (PLN), they are gross prices including VAT (23%), customs duties and other components.
7. All products are covered by the manufacturer's warranty for a period of 12 months from the date of purchase.
§3 Services and general terms and conditions for the provision of services
1. The Seller, using the Online Store, provides electronic services consisting of:
a. enabling the completion of the order form in order to conclude sales contracts,
b. enabling the registration and maintenance of the Customer Account,
c. sending Customers information about promotions and Goods in the form of a "Newsletter".
2. Services specified in par. 1 are provided free of charge.
3. The contract for the provision of electronic services in the form of enabling the completion of the order form is concluded with the Customer for a definite period of time at the moment Customer starts filling in the form and is terminated when Customer withdraws from completing the form or when Customer sends the completed form to the Seller. The contract for the provision of electronic services in the form of enabling registration and maintenance of the Customer Account is concluded with the Customer for an indefinite period at the time of registration in the Online Store. The contract for the provision of electronic services in the form of a "Newsletter" is concluded for an indefinite period of time when the Customer subscribes to the "Newsletter" using the functionality available on the Online Store website.
4. Technical requirements necessary to use the services provided by the Seller:
a. a device with access to the Internet,
b. a web browser that supports Cookies,
c. access to e-mail.
5. The Customer bears the fees related to access to the Internet and data transmission in accordance with the tariff of Customer’s Internet service provider.
6. The Seller provides the following methods of contact with each other:
a. Seller's address: www.gumotest.pl
b. Seller's e-mail address: biuro@gumotest.pl
c. Seller's telephone number: +48 881 580 646
d. Seller’s bank account number for the PLN currency: ING BANK ŚLĄSKI 20 1050 1070 1000 0090 9238 7290
e. Seller’s bank account number for the EUR currency: ING BANK ŚLĄSKI PL 97 1050 1070 1000 0093 0389 5180 (BIC SWIFT code: INGBPLPW)
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this para-graph. The Customer may communicate with the Seller by phone from Monday to Friday between 8.00-14.00.
§4 Sales Agreement
1. In order to conclude a sales contract, the Customer selects the Goods available in the Online Store, specifying the quantity intended to purchase and, if possible, indicating the characteristics of the ordered product, in particular its size or color. After selecting the Goods, the Customer fills in the order form, indicating in it the data necessary for the Seller to complete the order. The Customer may also place an order by e-mail to the address biuro@gumotest.pl, indicating in the message sent the ordered Goods and its quantity and price visible on the Online Store website, name and surname, delivery address, e-mail address and telephone number.
2. After receiving the order, the Seller sends the Customer a statement of acceptance of the order, which is also its confirmation. Upon receipt of the message by the Customer, the sales contract is concluded.
3. The message confirming the order contains the agreed terms of the sales contract, in particular the quantity and type of the ordered Goods, the total price to be paid along with delivery costs and the amount of discounts granted (if applicable), instruction on the right to withdraw from the contract and withdrawal from the contract template.
§5 Order fulfillment time and delivery
1. The Seller executes orders in the order in which they are received.
2. The order processing time is from 2 to 14 business days. The order processing time includes the order preparation time (completion and packing of the order) and the order delivery time depending on the chosen method of delivery.
3. If it is not possible to complete the order in the time specified in par. 2, the Seller contacts the Customer in order to determine the further course of action.
4. The delivery of the Goods takes place in the manner chosen by the Customer, i.e. via the DPD and Inpost courier company.
5. The Customer may pick up the ordered Goods in person at the address Mazańcowice 57, 43-391, from Monday to Friday from 7.00 to 15.00, after informing the Seller about the personal collection of the order (by phone or by e-mail).
6. After receiving the shipment, the Customer should carefully check the condition of the packaging and its contents. In the event of any damage or other irregularities, Customer should draw up a damage report in the presence of the courier and notify the Seller.
§6 Payment methods
1. The Customer may choose the following payment methods for the ordered Goods:
a. BLIK payments,
b. payment card,
c. electronic transfer via the imoje external payment system, operated by ING Bank Śląski S.A. based in Katowice,
d. traditional transfer to the Seller's bank account number: ING BANK ŚLĄSKI 20 1050 1070 1000 0090 9238 7290,
e. in cash upon receipt of the goods.
2. In the case of payment in the form of a traditional transfer or online transfer, the Customer is obliged to make the payment within 7 days from the date of conclusion of the contract. In the absence of payment within the specified period, the sales contract is terminated.
3. If Customer chooses payment in the form of a traditional transfer or online transfer, the order is processed when the payment is credited to the Seller's account. If Customer chooses cash payment upon receipt of the Goods, the Seller proceeds to the execution of the order after its confirmation.
4. The Seller documents the sale of the Goods with a receipt or a VAT invoice. The receipt is delivered to the Cus-tomer together with the Goods.
5. The customer declares acceptance of the issuing and sending of the original VAT invoice without the Customer's signature, in electronic form in PDF format to the e-mail address provided in the order form, in accordance with the Act of March 11, 2004 on tax on goods and services and the regulation of the Minister of Finance of December 3, 2013 on issuing VAT invoices.
§7 Warranty for defects in the Goods
1. Pursuant to Art. 556 of the Act of 23 April 1964, the Civil Code, the Seller is liable to the Customer if the Goods sold have a physical or legal defect. The Seller is released from liability under the warranty if the Customer knew about the defect at the time of concluding the contract.
2. Delivery of the Goods under the warranty for defects is at the expense of the Seller.
3. The Seller is liable under the warranty if the defect is found within two years from the date of delivery of the Goods to the Customer.
4. Notification of defects in the Goods should be sent by e-mail to biuro@gumotest.pl or in writing to the address of the Seller's registered office. The application can be sent on the form constituting Appendix 2 to these Regulations.
5. If it is necessary for the assessment of physical defects, the Goods should be delivered to the address Mazańcowice 57, 43-391 Mazańcowice.
6. The Seller responds to the Customer's notification within 14 days from the date of its receipt. Failure to consider the application within the specified period is tantamount to its acceptance.
7. The Seller covers the costs of collection, delivery, removal of defects or replacement of the Goods with a new one.
§8 Withdrawal from the sales contract
1. The Customer who is a consumer in connection with art. 27 of the Act of 30 May 2014 on consumer rights, has the right to withdraw from a distance contract without giving a reason.
2. The right to withdraw from the contract is due within 14 days from the moment of taking possession of the Goods by the Customer or a third party indicated by Customer other than the carrier.
3. The Customer may withdraw from the contract by submitting a statement on the form constituting Appendix 2 to these Regulations, sending it by e-mail or to the Seller's postal address.
4. The Seller will confirm by e-mail or telephone to the Customer the receipt of the declaration of withdrawal from the contract.
5. The Seller shall promptly, within no more than 14 days from the date of receipt of the declaration of withdrawal from the contract, return to the Customer all payments received from Customer. The Seller refunds the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of refund, which does not involve any costs for Customer.
6. If the Seller has not offered to collect the Goods from the Customer himself, Seller may withhold the reimburse-ment of the received payments until the Goods are received back or the Customer provides proof of its return, de-pending on which event occurs first.
7. The Customer is obliged to return the Goods to the Seller or hand it over to a person authorized by the Seller im-mediately, but not later than within 14 days from the date on which the Customer withdrew from the contract, unless the Seller proposed that the Goods would be picked up by the Seller. To meet the deadline, it is enough to send back the Goods before its due date.
8. The Customer bears the costs of returning the Goods.
9. The right to withdraw from the contract is not entitled to the Customer in relation to the contracts specified in art. 38 of the Act of May 30, 2014 on consumer rights.
§9 Withdrawal from the contract for the provision of electronic services and complaint procedure
1. The Customer has the right to withdraw from the concluded contract in writing without giving a reason within four-teen days from the date of conclusion of the contract pursuant to the Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended). In case of written withdrawal from the contract, the Customer is obliged to return the Goods within fourteen days.
2. Withdrawal from the contract may be made by submitting a statement to the Seller by e-mail to the address biu-ro@gumotest.pl or in writing by post to the address of the Seller's registered office. Withdrawal from the contract should be made on the form constituting Annex 2 to this contract.
3. In the case of exercising the right to 14-day withdrawal, the cost of returning the goods is borne by the Customer.
4. In the event of non-performance or improper performance by the Seller of the services provided via the Online Store, the Customer is entitled to submit a complaint by e-mail to the address biuro@gumotest.pl.
5. A properly submitted complaint should contain the Customer's data (name and surname or company name, ad-dress of residence or company's registered office address and e-mail address), the subject of the complaint, togeth-er with an indication of the period to which the complaint relates and the circumstances justifying the submission of the complaint (Annex 1). The complaint should be submitted within 12 months from the date on which the service was not performed or was performed improperly.
6. The complaint is considered by the Seller within 14 days from the date of receipt of the complaint.
7. In the event of exceeding the deadline specified in par. 4 the complaint will not be considered. The Seller shall immediately notify the Customer of the reason for not considering the complaint.
§10 Responsibility
1. The Seller is not responsible for entering incorrect data by the Customer (in particular by providing incorrect data in the forms available on the website) or the Customer's action in a way that hinders or prevents the provision and im-plementation of services by the Seller.
2. The Seller reserves the right to suspend or terminate the provision of individual functionalities of the Online Store due to the need for maintenance, review or expansion of the technical base or software. Suspension or termination of the services of individual functionalities of the Online Store may not violate the rights of the Customer.
3. The Seller shall not be liable for the consequences of the Customer’s disclosure of the login details on the Cus-tomer’s Account to a third party.
§11 Final Provisions
1. All content posted on the Online Store website (including graphics, texts, page layout and logos) are protected by copyright and are the sole property of the Seller. The use of this content without the written consent of the Seller results in civil and criminal liability.
2. The Seller reserves the right to change these Regulations. The Seller will notify about the change in the Regulations on the Online Store website and by sending information about the change to the Regulations by e-mail to Customers who have a Customer Account at least 7 days before the changes to the Regulations come into force. Changing the provisions of the Regulations does not apply to Customers who placed an order during the validity of the previous version of the Regulations.
3. In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply.
4. A Customer who is a consumer has the right to use out-of-court methods of settling disputes and pursuing claims through mediation or arbitration. Regardless of this, the Customer may ask for help from the municipal (district) consumer ombudsmen. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl.
5. Disputes arising as a result of the provision of services under these Regulations will be submitted for resolution to a common court at the Customer's choice in accordance with the relevant provisions of Polish law.
6. Appendices to the Regulations constitute its integral part.
Attachment No. 1 – Goods complaint
DOWNLOAD THE GOODS COMPLAINT FORM
Appendix No. 2 - withdrawal from the contract
DOWNLOAD THE RETURN OF THE GOODS FORM
Privacy and cookie policy
The following privacy policy defines how GUMOTEST Zbigniew Kawałek, the owner of the online store www.gumotest.pl collects, stores and processes data of its customers in connection with concluded transactions. The privacy and cookie policy is in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/ EC.
Who is the administrator of your data?
The data administrator, i.e. the entity deciding how the entrusted personal data will be used, is GUMOTEST Zbigniew Kawałek with its registered office in Mazańcowice 57, 43-391 Mazańcowice, NIP: 547-149-86-11, REGON: 070854934, owner of the online store available at www.gumotest.pl.
Where to get information about the processing of your personal data?
Write to the personal data administrator appointed by us
e-mail address: ado@gumotest.pl
postal address: Personal Data Administrator GUMOTEST Zbigniew Kawałek, Mazańcowice 899, 43-391 Mazańcowice.
Where do we get your personal data from?
They were provided to us by you in the course of:
- setting up an account in our online store www.gumotest.pl,
- placing an order using our online store and the e-mail address biuro@gumotest.pl,
- filling out online forms and inquiries,
- contacting us by phone, fax, SMS, e-mail or regular mail.
Do you have to provide us with your personal information?
In order to provide our services, and in particular to conclude and perform a sales contract, we require you to pro-vide:
- e-mail address or telephone number in the case of submitting applications or inquiries to us,
- name and surname, address of residence, telephone number, e-mail address, information about the company and its address (in the case of an account for companies) and login (in the case of registered customers).
What is the purpose and legal basis for the processing of your personal data by GUMOTEST Zbigniew Kawałek?
We process your data to the extent permitted by applicable law and necessary to perform the contract concluded with you, including:
- setting up, operation and technical support for your account;
- performance of contracts concluded under the sales contract;
- handling complaints and returns;
- handling requests addressed to us (e.g. telephone inquiries);
- contacting you, including for purposes related to the provision of services.
How long do we store your personal data?
We store your personal data for the duration of the contract concluded with you, and also after its completion for the purposes of:
- pursuing claims in connection with the performance of the contract,
- performance of obligations arising from legal provisions, in particular tax and accounting.
For the above purposes, your data will be stored for a maximum of 6 years from the date of completion of the contract.
Is the personal information provided shared with third parties?
In order to perform the contract concluded with you, your data is made available to:
- courier company (DPD, Inpost, GLS),
- payment operators (ING),
- Loqo SI company responsible for server resources,
- accounting and bookkeeping services office.
What rights do you have regarding the processed data?
You have the right to:
- request to rectify data,
- request to delete data,
- request to limit data processing,
- request to transfer data.
You have the right to lodge a complaint regarding the processing of your personal data by us to the supervisory body, which is the Inspector General for Personal Data Protection (address: General Inspector for Personal Data Protection, ul. Stawki 2, 00-193 Warsaw).