Introduction

Online store available at https://czesci.gizo.pl/ is run by Grzegorz Niewiński, running a business under the name Gizo Rental Sp. z o. o. Sp. k. at ul. Sadowa 21, 05-850 Jawczyce, NIP: 9661983895, KRS: 0000660124, entered into the register of entrepreneurs of the Central Registration and Information on Economic Activity kept by the Minister of Development.

Seller's contact details:

phone: +48 (697)300 300 ,
e-mail adress: czesci@gizo.pl.

This document (which is also the regulations under the Act of July 18, 2002 on the provision of services by electronic means), hereinafter referred to as the "Regulations", defines the types and scope of the provision of services electronically via the Online Store, the rules for concluding sales contracts via the Online Store, rules for the execution of these contracts, rights and obligations of the Customer and the Seller, as well as the procedure for withdrawal from the contract and complaint procedure.

I. Definitions

ONLINE SHOP – online store available at https://czesci.gizo.pl/.
Dealer – Grzegorz Niewiński running a business under the name Gizo Rental Sp. z o. o. Sp. k. at ul. Sadowa 21, 05-850 Jawczyce, NIP: 9661983895, KRS: 0000660124.
Klient – a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law concluding an agreement with the Seller.
Consumer – a natural person concluding a legal transaction with the Seller that is not directly related to his or her business or professional activity.
Service – electronic services provided by the Seller via the Online Store.
Sales agreement – a distance contract concluded between the Customer and the Seller via the Online Store, the subject of which is the purchase of the Product.
Product (Goods) – a product prepared to the Customer's order, which the Customer purchases via the Online Store.
The order form – form available in the Online Store enabling placing an order and purchasing the Product.
Registration form – form available in the Online Store enabling the creation of a Customer Account.
Customer account – a set of resources in the Seller's IT system, which collects information about the Customer, including address information and order history.
Working day - one day from Monday to Friday, excluding public holidays.

II. General provisions

The Seller undertakes to provide services to the Customer within the scope and under the conditions specified in the Regulations.
The Customer undertakes to use the Online Store in accordance with applicable law and principles of social coexistence.
The Customer using the Seller's Services is obliged to comply with these Regulations.
The Seller complies with the principles of protection of Customers' personal data provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016/95/46 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive XNUMX/XNUMX/EC.
The Customer consents to the Seller collecting, storing and processing personal data in order to perform the contract. 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.
The products available in the Online Store are new, free from physical and legal defects.
Information regarding the Product available on the Online Store website constitutes an invitation to conclude a contract within the meaning of Art. 71 of the Act of 23 April 1964, Civil Code.
The Seller reserves the right to change the prices of Products available in the Online Store, introduce new Products, conduct and cancel promotional campaigns or make changes to ongoing promotions.

III. Services and general terms of service

The Seller uses the Online Store to provide electronic services consisting of:
1. enabling completion of the order form in order to conclude sales contracts,
2. enabling registration and maintenance of a Customer Account.
Services specified in section 1 are provided free of charge.
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 specified period of time when he begins to fill out the form and is terminated when he withdraws from completing the form or when he sends the completed form to the Seller.
The contract for the provision of electronic services in the form of enabling registration and maintenance of a Customer Account is concluded with the Customer for an indefinite period at the time of registration in the Online Store.
Creating a Customer Account ("registration") takes place using the functionality available on the Online Store website - Registration Form.
Having a Customer Account is required to place an order for Products available in the Online Store.
Technical requirements necessary to use the services provided by the Seller:
1. device with Internet access,
2. a web browser that supports cookies,
3. access to e-mail.
The customer pays fees related to Internet access and data transmission in accordance with the tariff of his Internet service provider.

IV. Sales agreement

Only a Customer with a delivery address in Poland or another European Union Member State and an active Customer Account in the Online Store is entitled to place orders in the Online Store.
The Seller allows you to place orders for Products available in the Online Store in accordance with the following methods:
1. using the Order Form available in the Online Store 24 hours a day, 7 days a week,
1. electronically to the Seller's e-mail address czesci@gizo.pl,
1. by phone at +48 (697)300 300 .
In order to place an order via the Order Form, the Customer logs in to the Online Store, selects the Product available in the Online Store, specifying the quantity he/she intends to purchase and indicating additional features of the ordered Product (if applicable). After selecting the Product (adding the Product to the "basket" via the functionality available in the Online Store), the Customer completes the Order Form, specifying the data necessary for the Seller to complete the order, and then confirms placing the order using the "I order and pay".
In order to submit electronically, the Customer provides the Seller with information about the ordered Product and data necessary to complete the order, in particular identification data, address details and contact details regarding the order (telephone number, e-mail address).
In order to place an order by phone, the Customer provides the Seller with information about the ordered Product and data necessary to complete the order, in particular identification data, address data and data enabling contact regarding the order (telephone number, e-mail address).
After receiving the order, the Seller sends the Customer a declaration of acceptance of the order electronically to the e-mail address provided when placing the order. Then, after verifying the possibility of fulfilling the order, the Seller sends the Customer a message confirming the order. When the Customer receives a message confirming the order, a sales contract is concluded.
The order confirmation message contains the agreed terms of the sales contract, in particular the quantity and type of the Product ordered, the total price to be paid along with delivery costs and the amount of discounts granted (if applicable).

V. Order processing time and delivery

The Seller processes orders in the order in which they are received (taking into account point VI. 3 of these Regulations).
The order processing time includes preparation, completion, packing and delivery of the Product by the Seller. The average order processing time is up to 7 business days.
In the case of orders consisting of several Products with different availability and to be delivered in one shipment, the order completion date will depend on the date of completion of the last Product covered by the order by the Seller, unless otherwise agreed with the Customer.
If part of an order consisting of several Products is currently unavailable, the Customer is informed about this by phone or e-mail and decides how to complete the order (partial execution, extension of waiting time, cancellation of the entire order or selection of a replacement Product). ).
The order processing time should include the delivery time of the Product to the Customer by the carrier in accordance with the delivery method chosen by the Customer. Information about delivery methods and costs is provided to the Customer when placing the order.
Orders are issued for delivery to the carrier only on business days.
After receiving the shipment, the Customer should carefully check the condition of the packaging and its contents. If any damage or other irregularities are found, the customer should prepare a damage report in the presence of the courier and notify the Seller.
The Seller allows personal collection of the order at his stationary point at ul. Sadowa 21, 05-850 Jawczyce during the opening hours of the point. Personal collection is possible only after the Seller confirms that the order is ready for delivery.

VI. Payment methods

The seller enables the following payment methods:
1. in the form of prepayment via electronic transfer via the imoje payment system, the administrator of which is ING Bank Śląski S.A. with its registered office in Katowice, ul. Sokolska 34, 40-086 Katowice, entered into the Register of Entrepreneurs of the District Court Katowice-Wschód, 0000005459th Commercial Division of the National Court Register under KRS number 130100000, with share capital in the amount of PLN 00 and paid-in capital in the amount of PLN 130100000, which is an active taxpayer VAT, with the Tax Identification Number NIP 00-634-013-54.
2. in the form of prepayment by traditional transfer to the Seller's bank account.
The customer is obliged to make the payment within 7 business days from the date of conclusion of the contract. If payment is not made within the specified period, the sales contract may be terminated.
The Seller begins to process the order upon receiving information from the electronic payment system operator about the correct payment by the Customer or the payment being credited to the bank account (in the case of a traditional transfer).
The Seller documents the sale of the Product with a receipt or VAT invoice. Proof of purchase is delivered to the Customer along with the Product or electronically to the e-mail address provided by the Customer when placing the order.
The Customer may choose the following forms of payment for the ordered Goods: BLIK payments, payment card, electronic transfer via the external imoje payment system, operated by ING Bank Śląski S.A. with headquarters in Katowice.

VII. Warranty for Product defects

Pursuant to Art. 556 of the Act of April 23, 1964, Civil Code, the Seller is liable to the Customer if the Product sold has 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.
Delivery of the Product as part of the exercise of rights arising from the warranty for defects takes place at the Seller's expense.
The Seller is liable under the warranty if the defect is discovered within two years from the date of delivery of the Product to the Customer.
The warranty does not cover defects resulting from incorrect use of the products.
Reports of Product defects should be sent electronically to czesci@gizo.pl or in writing to the address of the Seller's registered office. The application can be sent on the form attached as Annex 2 to the Regulations.
If the sold item has a defect, the Customer may submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free one or remove the defect.
Instead of removing the defect proposed by the Seller, the Customer may demand that the item be replaced with a defect-free one or instead of replacing the item, request that the defect be removed, unless bringing the item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller.
The customer cannot withdraw from the contract if the defect is immaterial
If it is necessary to assess physical defects, the Product should be delivered to the following address: Gizo Rental Sp. z o. o. Sp. k. at ul. Sadowa 21, 05-850 Jawczyce.
The Seller responds to the Customer's notification within 14 calendar days from the date of its receipt. Failure to consider the application within the specified deadline is tantamount to its acceptance.
The Seller covers the costs of collection, delivery, removal of defects or replacement of the Product with a new one.

VIII. Withdrawal from the sales contract

A customer who is a consumer in connection with Art. 27 of the Act of May 30, 2014 on consumer rights, you have the right to withdraw from a distance contract without giving a reason.
The right to withdraw from the contract is available within 14 calendar days from the moment the Customer or a third party indicated by the Customer, other than the carrier, takes possession of the Product.
The Customer may withdraw from the contract by submitting a declaration on the form constituting Annex 1 to these Regulations, sending it electronically to czesci@gizo.pl or to the Seller's postal address.
To meet the deadline specified in section 2, it is enough to send a declaration of withdrawal from the contract before its expiry.
The Seller will immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract.
The Seller will immediately, no later than 14 calendar days from the date of receipt of the declaration of withdrawal from the contract, refund all payments received from the Customer, including the costs of delivering the goods. The Seller refunds the payment using the same payment method used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs for him.
If the Seller has not offered to collect the Product from the Customer himself, he may withhold the refund of received payments until he receives the Product back or until the Customer provides proof of sending it back, depending on which event occurs first.
If the Customer has chosen a method of delivery other than the cheapest standard method offered by the Seller, the Seller is not obliged to reimburse the Buyer for any additional costs incurred.
The Customer is obliged to return the item to the Seller or hand it over to a person authorized by the Seller immediately, but no later than within 14 calendar days from the date on which he withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry.
The Customer bears only the direct costs of returning the Product.
The product should be delivered to the following address: Gizo Rental Sp. z o. o. Sp. k. at ul. Sadowa 21, 05-850 Jawczyce.
In the event of withdrawal from the contract, the consumer is liable for the reduction in the value of the item resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
The Customer is not entitled to withdraw from the contract in relation to contracts specified in Art. 38 of the Act of 30 May 2014 on consumer rights.

IX. Withdrawal from the contract for the provision of electronic services and complaint proceedings

In the case of contracts for the provision of electronic services of a continuous and indefinite nature, the Customer has the right to terminate the contract. The customer may terminate the contract by notice with immediate effect and without giving a reason by sending a declaration of termination to the e-mail address czesci@gizo.pl.
The Seller reserves the right to terminate the contract for the provision of services by electronic means of a continuous and indefinite nature with a 14-day notice period in the event of violation by the Customer of the provisions of these Regulations.
In the event of non-performance or improper performance by the Seller of services provided via the Online Store, the Customer is entitled to submit a complaint electronically to the following address: czesci@gizo.pl.
A properly submitted complaint should include the Customer's name (name and surname or company name, residential address or company's registered office address and e-mail address), the subject of the complaint along with an indication of the period of time to which the complaint relates and the circumstances justifying the submission of the complaint.
The complaint is considered by the Seller within 14 calendar days from the date of receipt of the complaint.

X. Provisions relating to entrepreneurs

The provisions of this paragraph apply only to Customers who are not consumers under Art. 22¹ of the Civil Code.
The Seller reserves the right to withdraw from the sales contract at any time unless the Product has been delivered to the Customer, a third party acting on behalf of the Customer or the carrier carrying out the delivery to the Customer. Withdrawal from the contract by the Seller does not give rise to claims on the part of the Customer against the Seller.
The Seller reserves the right to limit the payment methods available in the Online Store. The Seller reserves the right to require prepayment of all or part of the order value, regardless of the payment method chosen by the Customer.
Based on Article. 558 of the Civil Code, in the event of selling the Product to a Customer who is not a consumer, the Seller's liability under the warranty is excluded.
Based on Article. 548 §1 of the Civil Code, upon delivery of the Product by the Seller to the Customer, a third party indicated by the Customer or the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer.
The Seller's liability towards the Customer is limited solely to actual damages incurred by the Customer in connection with improper performance of the contract by the Seller, and the Seller is liable in an amount not exceeding the value of the order placed by the Customer.

XI. Responsibility

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 for the Customer's actions in a way that hinders or prevents the provision and implementation of services by the Seller.
The Seller is not responsible for the consequences of using the Online Store by the Customer in a manner inconsistent with the provisions of the Regulations, applicable legal provisions and applicable principles of social coexistence or customs.
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 database or software. Suspension or termination of individual functionalities of the Online Store may not violate the Customer's rights.

XII. Intellectual property

All content posted in the Online Store (including graphics, texts, page layout and logos) and not originating from the Customer or other suppliers is protected by copyright and is the exclusive property of the Seller. Using this content without the written consent of the Seller results in civil and criminal liability.
The Customer is obliged to use all content posted in the Online Store only for his or her own personal use. The use of the content in any other scope is permitted only if expressly indicated by the Seller.
The use of the Online Store, including the use of text, graphic materials, photos, applications, databases or other content, does not mean that the Customer has acquired any rights in relation to the indicated content, and in particular does not mean acquiring any proprietary rights, related rights or licenses. .
It is prohibited to undertake the following activities without the express consent of the Seller:
1. copying, modifying and transmitting electronically or otherwise the Online Store or its parts, as well as individual content made available via it,
2. disseminating in any way the content published in the Online Store,
3. downloading the content of databases and reusing it in whole or in part.

XIII. Final Provisions

The Seller reserves the right to change these Regulations. The Seller will notify about changes to the Regulations on the Online Store website at least 14 calendar days before the changes to the Regulations enter into force. The change in the provisions of the Regulations does not apply to Customers who placed an order during the validity period of the previous version of the Regulations. Amendments to the Regulations during the duration of a continuous contractual relationship are binding on the other party if the requirements specified in Art. 384 of the Civil Code, and the party did not terminate the contract within the notice period of 14 calendar days.
In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply.
The customer has the opportunity to use out-of-court methods of dealing with complaints and pursuing claims arising from orders placed in the Store. These include: in the event of a dispute over property rights arising from sales and service contracts, submitting a request for the case to be examined by the Permanent Consumer Arbitration Court operating at the relevant Provincial Inspectorate of the Trade Inspection; submitting an application to the Provincial Inspector of Trade Inspection in Białystok (http://www.bialystok.wiih.gov.pl/) to take actions aimed at out-of-court resolution of the dispute under the Act of September 23, 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823).
Notwithstanding section 3 The customer may seek help from the municipal (district) consumer ombudsman. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl.
The Customer who is a consumer may also use the electronic method of resolving disputes with the Seller via the ODR platform available at: http://ec.europa.eu/consumers/odr/.
Disputes arising as a result of the provision of services under these Regulations will be resolved:
- to a common court at the Customer's discretion in accordance with the applicable provisions of Polish law, if the Customer is a consumer,
- to a common court having jurisdiction over the Seller's registered office, if the Customer is not a consumer.
Annexes to the Regulations constitute its integral part.
In matters not regulated by the regulations, the provisions of the Civil Code and relevant acts of Polish law, as well as European Union law, in particular GDPR (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in connection with on the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC).
The Regulations enter into force on July 22, 2020.

WITHDRAWAL FORM

COMPLAINT FORM