1. Scope of the Regulations
The Regulations apply to all orders placed by Consumers and Entrepreneurs through our online store.
A Consumer is, according to Article 22 of the Civil Code, a natural person making a legal transaction with an Entrepreneur that is not directly related to his/her business or professional activity.
An entrepreneur is, in accordance with Article 43 of the Civil Code, a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by law, conducting business or professional activity on its own behalf.
Other or supplementary Regulations and General Terms and Conditions applied by Entrepreneurs are not applicable - they will become part of the contract only if we give our express written consent.
2. Contract conclusion
The contract of sale is concluded with WESPROM Marcin Broniszewski.
Presentation of products in our online store constitutes an offer to conclude a contract of sale. In order to conclude a contract, you must add the selected products to the shopping cart and place an order. The shopping cart and the data entered in the forms can be modified before placing an order using the available functionalities and messages appearing during the ordering process.
By clicking on the order summary page on the button confirming and finalizing your order, you place a binding order for the products in the shopping cart. As soon as your order is received and registered in the computer system of our online store, a sales contract is concluded. After placing your order, you will receive an e-mail from us confirming your order and the conclusion of the contract.
3. Language and rules for the consolidation of the contract
You can conclude the sales contract in Polish, English
We preserve the content of the contract and send you the order details and our Terms and Conditions by email. You can also check your order information through your customer account. The Terms and Conditions are also made available on the website of our online store in a way that allows you to obtain, reproduce and record their content.
4. Delivery of products
To the indicated prices of the products you should still add the shipping costs. Ordered products are delivered through courier companies cooperating with us. Detailed information about the possible methods and dates of delivery and shipping costs are presented during the ordering process and in a special information tab on our store's website.
We sell the products offered in the store only by mail order. Unfortunately, there is no possibility of personal collection.
5. Payment
The following forms of payment are available to you in our online store:
- Cash-on-delivery payment on delivery.
- Electronic payment (e-payment) via online payment service.
- Payment by traditional transfer to the bank account of our store. If you choose this form of payment - after the order is made, we will send you via e-mail the data for the transfer. The realization of the order will be started after the full amount of the required payment for the order is credited to our account.
Detailed information about the possible methods of payment, including the online payment services integrated with our store and the available types of e-payments and possible additional costs, is presented during the ordering process and on the website of our store in a special information tab on payment methods.
6. Right of withdrawal
Consumers from the European Union (EU) have a statutory right of withdrawal, as stated in the instructions on the right of withdrawal (Section 6.1).
Individuals who enter into a contract directly related to their business activity also have the right to withdraw from the contract, when the content of the contract shows that it does not have a professional character for them within the meaning of Article 556 (4) of the Civil Code. Other entrepreneurs are not entitled to the right of withdrawal.
6.1 Information on the exercise of the right of withdrawal and the model withdrawal form
Consumers have a 14-day right of withdrawal. Individuals who enter into a contract directly related to their business activity also have this right, when it is clear from the content of the contract that it does not have a professional character for them within the meaning of Article 556 (4) of the Civil Code. Other entrepreneurs are not entitled to the right of withdrawal.
Right of withdrawal from the contract
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days from the day on which you took possession of the item or on which a third party other than the carrier and indicated by you took possession of the item.
To exercise your right of withdrawal, you must inform us (WESPROM, Promienna, 17, 05-077 Warsaw Wesoła, Poland, sklep@giaro.com.pl, telephone: 692440154) of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail, fax or e-mail). You may use the model withdrawal form, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient for you to send information regarding the exercise of your right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event 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 about 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 the 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 will be liable only for the diminution in the value of the thing resulting from using it in a way other than necessary to determine the nature, characteristics and functioning of the thing.
Model withdrawal form
(This form should be completed and sent back only if you wish to withdraw from the contract)
- Addressee WESPROM, Promienna, 17, Warsaw Wesoła, Poland, sklep@giaro.com.pl
- I / We(*) hereby inform(*) about my / our withdrawal from the contract of sale of the following items
- Date of conclusion of the contract
- Name and surname 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.
Effects of order cancellation
If the order is canceled due to the store's fault, we will refund all payments received from you, including the cost of delivering the items.
If the order is canceled at your request, we will return all payments received from you less the costs and commissions associated with electronic payment (e-payments).
7. Reservation of ownership of items
The products ordered in the store remain our property until the full payment of the sales price.
8. damage caused during transport
Applies to Consumers: In the case of consumer distance purchase, our store always bears the risk of accidental damage or loss of items in transit. If the ordered products are delivered with obvious damage caused during transport, we kindly ask you to report such a defect to the deliverer as soon as possible and contact us. A delay in reporting such a complaint or making contact has no consequences for your statutory claims and their satisfaction, in particular for your rights under the statutory warranty for defects described in the section below. Faster notification, however, is an aid to us in asserting our claims against the carrier or transport insurer.
Applies to Entrepreneurs (with the exception of natural persons entering into a contract directly related to their business, when it is clear from the content of this contract that it does not have a professional character for these persons within the meaning of Article 556 (4) of the Civil Code): The risk of accidental loss or accidental deterioration of the product shall pass to you at the time of its release by us to the forwarder, carrier or other person or institution engaged in the performance of shipment. We shall not be liable for loss, loss or damage to the product occurring from the time it is accepted for transportation until it is released to you, or for any delay in delivery caused by the carrier.
9. Warranty, guarantees and seller's liability
Applies to Consumers: We are obliged to provide products (items) free of defects. The statutory right of liability for defects of the sold thing (the so-called warranty for defects) to the extent specified in Article 556 et seq. of the Civil Code applies. We are liable under the warranty if a physical defect is discovered before the expiration of two years from the date of delivery of the item to you. If the object of sale is a used movable item, warranty liability is one year from the date of delivery.
Complaints can be submitted:
- via e-mail to: sklep@giaro.com.pl
- in writing to the address: WESPROM Marcin Broniszewski, Promienna, 17, 05-077 Warsaw
We undertake to respond to the complaint immediately, no later than within 14 days from the date of its submission. In the case of exercise of rights under the warranty - if we consider it necessary to consider the complaint, you are obliged to deliver the defective item at our expense to the postal address indicated above. If, due to the nature of the thing or the way it is installed, its delivery would be excessively difficult, you are obliged to make the thing available to us at the place where it is located.
Information on a possible additional warranty and its detailed conditions are always attached to the product and available on the information pages of the online store.
Applies to Entrepreneurs: In the case of a sales contract concluded with an Entrepreneur, pursuant to Article 558 § 1 of the Civil Code, the liability of our online store under the warranty for defects of the item is excluded.
10. services provided electronically
In order to use our online store, including browsing the assortment and placing orders, it is necessary to have a multimedia device with an installed web browser and access to the Internet and e-mail. In the settings of the browser, it is recommended to enable JavaScript and the storage of cookies. Users are obliged to use the online store in a manner consistent with the law and good morals, the delivery of unlawful content is prohibited.
We take all necessary measures to ensure fully correct operation of the website and the interface of our online store to the extent that results from the current technical knowledge, and we undertake to remove all irregularities and technical problems reported by users within a reasonable time. The above also applies to the possibility of signing up for a newsletter or the optional possibility of creating a customer account - if these services are provided as part of our store. You may notify us of any detected irregularities or interruptions in the functioning of the website and services of our online store via the contact information indicated in the section above. In a complaint about irregularities related to the technical functioning of the online store service, please indicate the type and date of the irregularity.
11. Code of good practice
We have voluntarily complied with the "Trusted Shops Quality Criteria" available at this link.
12. Out-of-court dispute resolution
We would like to inform you that Consumers have the possibility to use the out-of-court mode of handling complaints and claims. Information on how to access the aforementioned mode and procedures for dispute resolution, can be found at the following address: www.uokik.gov.pl under "Amicable resolution of consumer disputes".
In addition, at: http://ec.europa.eu/consumers/odr Consumers have access to an online consumer dispute resolution platform (the so-called ODR platform). The ODR platform is a multilingual, interactive website for serving Consumers and businesses seeking out-of-court settlement of disputes arising from the conclusion of a distance sales or service contract.
The use of the aforementioned out-of-court means of claim and dispute resolution is voluntary and can only take place if both parties to the dispute (the Consumer and the seller) agree to it.
We undertake to use out-of-court dispute resolution with Consumers within the meaning of the provisions of the Act of September 23, 2016 on out-of-court resolution of consumer disputes. The entity authorized for out-of-court resolution of disputes between our company and the Consumer is: Mazovian Regional Inspector of Trade Inspection in Warsaw, Sienkiewicza 3, 00-015 Warsaw, www.wiih.org.pl.
13. Final Provisions
None of the provisions of these Regulations is intended to violate the statutory rights of the Consumer. In the event of any contradictions between the provisions of these Regulations and the rights of Consumers under generally applicable laws - the statutory regulations will always be applied in place of the disputed provisions of the Regulations.
If you are an Entrepreneur, then for all contracts concluded with us, Polish law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.
If you are an Entrepreneur, a legal entity under public law or a separate public-law entity, the court of exclusive jurisdiction for all disputes arising from the contractual relationship between us and you shall be the court of our registered office. The preceding sentence shall not apply to natural persons entering into a contract directly related to their business activity, when it is evident from the content of this contract that it does not have a professional character for such persons within the meaning of Article 556 (4) of the Civil Code.