Newsletter
Terms & Conditions

Terms & Conditions
TERMS & CONDITIONS OF GERLED.COM ONLINE STORE

TABLE OF CONTENTS:

GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
CONDITIONS FOR THE CONCLUSION OF A SALES AGREEMENT
METHODS OF AND TIME LIMITS FOR PAYMENT FOR A PRODUCT
COST, WAYS AND DELIVERY DATE AND RECEIPT OF THE PRODUCT
COMPLAINTS
NON-JUDICIAL MEANS THE HANDLING OF COMPLAINTS AND REDRESS AND THE RULES ON ACCESS TO THESE PROCEDURES
RIGHT OF WITHDRAWAL
PROVISIONS FOR ENTREPRENEURS
PERSONAL DATA IN THE ONLINE STORE
FINAL PROVISIONS


The On-line Store www.gerled.com cares about consumer rights. The consumer may not waive the rights conferred on him in the Consumer Rights Act. The provisions of the agreements less favourable for the consumer than the provisions of the Consumer Rights Act on the Rights are invalid and the provisions of the Consumer Rights Act shall apply in their place. Therefore the provisions of these Terms & Conditions are not intended to revoke or restrict any rights of a consumer under mandatory provisions of the law and any doubts should be explained to the consumer’s benefit. In the event of a possible incompatibility of provisions of these Terms & Conditions with the above provisions, priority shall be given to those provisions and should be used.

1. GENERAL PROVISIONS

1.1. The On-line Store available at www.gerled.com is operated by GERLED established under the business name GERLED Sp. z o.o. entered into CEIDG (Central Registration and Information on Business) managed by minister responsible for the economy, with the following address of the place of business and the address for service: ul. Miłkowskiego 21, 30-349, Kraków, NIP 6793101821, REGON 123142992, email: biuro@gerled.pl, phone number: 12 292 76 48.

1.2. These Terms & Conditions are aimed at both the consumer and the companies using the On-line Store (with the exception of paragraph 11 of the Terms & Conditions that is addressed only to entrepreneurs).

1.3. The Service Provider acts as the administrator of personal data processed in connection with the implementation of the provisions of these Terms & Conditions. The personal data are processed for the purposes of and on the basis of the principles indicated in the Terms & Conditions of the On-line Store. Giving your personal information is voluntary. Any person whose personal data are being processed by the Service provider has the right to view their data and the right to update and improve the data.

 


1.4. Definitions:

1.4.1. WORKING DAY — one day from Monday to Friday excluding public holidays.

1.4.2. REGISTRATION FORM — The form available in the On-line Store to create an account.

1.4.3. ORDER FORM — An electronic service, interactive form available in the On-line Store to place an order, in particular by adding the Products to the electronic cart and the determination of the terms of Sales agreement, including the method of delivery and payment.

1.4.4. CUSTOMER — (1) a natural person who holds a full legal capacity and in the cases provided for by the provisions of general application as well as the natural person who holds a limited capacity; (2) a legal person; or (3) organizational unit without legal personality, which the law confers legal capacity; - which has or intends to conclude a Sale agreement with the Vendor.

1.4.5. THE CIVIL CODE — the Civil Code of 23 April 1964 (J. Of Laws 1964 No 16, item 93 with amendments).

1.4.6. ACCOUNT — an Electronic Service, a collection of resources in the Service Provider's IT system, marked with an individual name (i.e. login) and a password entered by the Customer, which includes data provided by the Customer and the information about the Orders placed in the On-line store by the Customer.

1.4.7. NEWSLETTER — an Electronic Service, an electronic distribution service provided by a Service Provider via e-mail, which allows all users (i.e. Customers) to receive automatically cyclical content in subsequent editions of the newsletter containing information on Products, news and promotions in the On-line Store.

1.4.8. PRODUCT — a moveable property available in the On-line Store which is the subject of a Sale agreement between the Customer and the Vendor.

1.4.9. TERMS & CONDITIONS — these Terms & Conditions for this On-line Store.

1.4.10. ONLINE STORE — the on-line store owned by the Service provider available at the following address: www.gerled.com on Shoper on-line store platform.

1.4.11. VENDOR; PROVIDER — GERLED established under the business name GERLED Sp. z o.o. entered into entered into CEIDG (Central Registration and Information on Business) managed by minister responsible for the economy, with the following address of the place of business and the address for service: ul. Miłkowskiego 21, 30-349, Kraków, NIP 6793101821, REGON 123142992, email: biuro@gerled.pl, phone number: 12 292 76 48.

1.4.12. SALES AGREEMENT — a contract of sale of the Product being concluded or already concluded between the Customer and the Vendor via the On-line Store.

1.4.13. ELECTRONIC SERVICE — a service provided electronically by the Service Provider to the Customer via the On-line Store.

1.4.14. CUSTOMER — (1) a natural person who holds a full legal capacity and in the cases provided for by the provisions of general application as well as the natural person who holds a limited capacity; (2) a legal person; or (3) organizational unit without legal personality, which the law confers legal capacity; - using or intending to make use of electronic services.

1.4.15. CONSUMER RIGHTS ACT — an act of 30 May 2014 on the rights of the consumer (Journal of Laws of 2014, item 827 with amendments).

1.4.16. ORDER — a declaration of intent by the Customer submitted using the Order Form and leading directly to the conclusion of a Sales agreement for the product with Vendor.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the On-line store: Account, Order Form and Newsletter.

2.1.1. Account — use of the account is possible after performing the two consecutive steps by the Customer: (1) completing the Registration Form, (2) clicking the “Register” field. The Customer must state the following information in the registration form: first and last name/company name, email address, contact phone number and password.

2.1.1.1. The “Account” Electronic Service is provided free of charge for an indefinite time. The Customer has the possibility, at any time and without giving any reason, to delete the account (resignation from Account) by sending a request to the Service Provider, preferably via email to the following address: biuro@gerled.pl or in writing to the following address: ul. Miłkowskiego 21, 30-349 Kraków.

2.1.2. Order Form — the use of the Order Form begins when the Customer adds the first Product to computer cart in an On-line store. An Order is placed after the completion of the two consecutive steps by the Customer: (1) completing the Order Form and (2) clicking the "Confirm purchase" field on the On-line Store page — up to this point you can modify the data entered (follow prompts and information available on the On-line Store page). The Customer must provide the following Customer data in the Order form: first and last name/company name, address (street, house/apartment number, postal code, town, country), an electronic mail address, contact phone number and the data relating to the Sale agreement. Product(s), the quantity of product(s), location and method of delivery of the product(s), method of payment. In the case of non-consumer Customers, it is also necessary to give the name of the company and the NIP tax number.

2.1.2.1. Electronic Service “Order Form” is provided free of charge, for single use and will be complete after an Order is made or not by the Customer using this Order Form.

2.1.3. Newsletter — to start using the newsletter, you must add your email address under the “Newsletter" tab on the On-line Store page and click "Save". You can also sign up for the Newsletter by selecting the appropriate check box during your account creation, you will be signed up to the Newsletter at the time of creation of the Customer’s account.

2.1.3.1. The Electronic Service “Newsletter” is provided free of charge for an indefinite time. The Customer may, at any time and without giving any reason, sign out from the newsletter (resignation from the Newsletter) by sending a request to the Service Provider, preferably via email to the address: biuro@gerled.pl or in writing to the following address: ul. Miłkowskiego 21, 30-349 Kraków.

2.2. The technical requirements necessary for using the IT system used by the provider: (1) a computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome 12.0.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) the activation of Cookies and Javascript support in the web browser.

2.3. The Customer must use the On-line Store in a manner consistent with the law and morality with respect for personal property and copyright and intellectual property rights of the Service provider and the third parties. The Customer is obliged to enter data in accordance with the facts. Supplying unlawful content is prohibited.

2.4. Processing a warranty claim:

2.4.1. Warranty claims related to the provision of Electronic services by the Service provider and other claims related to the On-line Store (excluding the Product complaint which has been indicated in paragraphs 6 and 7 of the Terms & Conditions) may be registered by the Customer:

2.4.2. In writing to the following address: ul. Miłkowskiego 21, 30-349 Kraków.

2.4.3. In electronic form via email to the address: biuro@gerled.pl;

2.4.4. It is recommended that the Customer provides the following information in the description of a claim: (1) Information and circumstances relating to the subject of the claim and in particular the type and date of the occurrence of irregularities; (2) Customer’s requests; and (3) the contact details of the person registering the complaint — this will facilitate and accelerate consideration of complaints by the Service provider. The requirements given in the previous sentence are recommendations only and do not affect the effectiveness of any claims submitted without the recommended details of the claim.

2.4.5. The Service provider shall answer the claim immediately, not later than within 14 calendar days of its submission.

3. CONDITIONS FOR THE CONCLUSION OF A SALES AGREEMENT

3.1. The conclusion of a Sales agreement between a Customer and the Vendor occurs upon the Customer's placement of an Order using the Order form in the On-line store in accordance with paragraph 2.1.2 of the Terms and Conditions.

3.2. The price of the Product shown on the On-line Store page is given in Polish zlotys and includes taxes. The total price including taxes for the Product which is the subject of the Order and also the cost of delivery (including charges for transport, delivery and postal service) and the other costs, and where it is not possible to establish these charges — the obligation to pay, is given to the Customer on the pages of this On-line Store at the time of the Order, including the time of the expression of will by the Customer to be bound by the Sales agreement.

3.3. Procedure of conclusion of a Sales agreement in the On-line Store using Order Form

3.3.1. The conclusion of a Sales agreement between a Customer and the Vendor is upon the placement of an Order by Customer in the On-line Store in accordance with paragraph 2.1.2 of the Terms & Conditions.

3.3.2. After the Order is made, the Vendor shall acknowledge the receipt of the Order and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for completion takes the form of sending a relevant email message to the Customer by the Vendor to the address specified during the order, which contains at least the Vendor's statement about the receipt of the Order, acceptance and confirmation of entering into a Sales agreement. The Sales agreement is concluded between the Customer and the Vendor once the Customer receives the above email.

3.4. The recording, security and sharing the contents of the Sales Agreement takes place by (1) the provision of these Terms & Conditions on the On-line Store page and (2) sending an email to the Customer, referred to in paragraph 3.3.2. of the Terms & Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the On-line Store owned by the Vendor.

4. METHODS OF AND TIME LIMITS FOR PAYMENT FOR A PRODUCT

4.1. The Vendor provides the Customer with the following methods of payment for the Sales Agreement:

4.1.1. COD

4.1.2. Cash during personal collection.

4.1.3. Money transfer to the Vendor's a bank account.

4.1.3.1. The Bank: BRE Bank S.A. mBank.

4.1.3.2. Account Number: 81 1140 2004 0000 3402 7530 0423.

4.1.4. Electronic payments and payments by credit card through Dotpay.pl. The methods of payment are set out on the On-line Store page under “Payment methods” tab and on http://www.dotpay.pl.

4.1.4.1. Settlement of electronic payments and payments with credit cards are carried out in accordance with the Customer's choice using Dotpay.pl. The electronic payments and credit card payments are managed by:

4.1.4.1.1. Dotpay.pl — Dotpay S.A. based in Kraków (ul. Wielicka 72, 30-552 Kraków), entered into the Register of Entrepreneurs of the National Court Register under the number 0000296790, the records kept by the District Court for Kraków-Śródmieście, share capital PLN 4,000,000, paid up in full, NIP: 6342661860.

4.2. The payment deadline:

4.2.1. If the Customer selected cash payment at personal collection, money transfer payment, electronic payment or credit card, then the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales agreement.

4.2.2. If the Customer selected cash on delivery (COD) as the payment method, then the Customer is obliged to make payment at the time of reception of the product.

5. COST, METHOD AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT

5.1. Delivery of the product is available on the territory of the Republic of Poland.

5.2. Delivery of the product to the Customer is payable unless the Sales agreement states otherwise. The costs of delivery of the Product (including the charges for transport, delivery and postal services) are made available to the Customer in the “Cost of delivery” tab on the On-line Store page and at the time of the Order, including at the time of the expression of will by the Customer to be bound by the Sales agreement.

5.3. Personal collection of the Product by Customer is free.

5.4. The Vendor provides the Customer with the following delivery or receipt methods of the Product:

5.4.1. A courier, COD courier.

5.4.2. Personal collection available at: ul. Miłkowskiego 21, 30-349 Kraków, from 9 am to 5 pm on working days or from 9 am to 2 pm on Saturdays.

5.5. The date of delivery to the customer is up to 7 working days unless a shorter period was stated in the description of the Product or when placing the Order. In the case of Products with different dates of delivery, the longest given date shall be treated as the date of deliver but it may not exceed 7 working days. Determining the start of delivery period of the Product to the Customer:

5.5.1. If the Customer selected payment by bank transfer, an electronic payment or payment by credit card, the date of crediting a Vendor's bank account or billing account will be treated as the start of delivery period.

5.5.2. If the Customer selected COD as the payment method, the day of conclusion of the Sales Agreement will be treated as the start of delivery period.

5.6. The date when the Product will be ready for collection by the Customer — if the Customer selected personal collection of the Product, the Product will be ready for pick-up within 2 working days unless a shorter period is stated in the Product's description or given when placing the order. In the case of Products with various dates of receipt readiness, the longest given date shall be treated as the date of delivery, which may not exceed 2 working days. Additionally, the Customer will receive an email notification from the Vendor to the address provided during the placement of the Order. Determining the start of readiness period of the Product to the Customer:

5.6.1. If the Customer selected payment by bank transfer, an electronic payment or payment by credit card, the date of crediting a Vendor's bank account or billing account will be treated as the start of delivery period.

5.6.2. If the Customer selected COD payment method, the day of conclusion of the Sales Agreement will be treated as the start of readiness period.

6. COMPLAINTS
(FOR SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)

6.1. The basis and extent of liability of the Vendor to the Customer if the Product being sold has a physical or legal defect (i.e. a warranty) are defined by the generally applicable law, in particular in Civil Code.

6.2. The Vendor is required to provide the Customer with the Product without defects. Detailed information concerning the liability of the Vendor due to defects in the Product and the Customer’s rights are set out in the “Warranty conditions” tab on the On-line Store page.

6.3. The Customer may register a complaint using the following methods:

6.3.1. In writing to the following address: ul. Miłkowskiego 21, 30-349 Kraków.

6.3.2. In electronic form via email to the address: biuro@gerled.pl;

6.4. It is recommended that the Customer provides the following information in the description of a claim: (1) Information and circumstances relating to the subject of the claim and in particular the type and date of defects; (2) the request to bring the product into conformity with the Sales agreement or a statement to reduce price or withdrawal from the sales agreement; and (3) the contact details of the person submitting the complaint — this will facilitate and accelerate consideration of complaints by the Vendor. The requirements given in the previous sentence are recommendations only and do not affect the effectiveness of any claims submitted without the recommended details of the claim.

6.5. The Vendor shall answer the Customer's claim immediately, not later than within 14 calendar days of its submission. Lack of answer from the Vendor during the above mentioned period shall be treated the Vendor's acceptance of such claim.

6.6. In the case where it will be necessary to provide the Product to the Vendor to enable the Vendor to process the Customer’s complaint on the basis of warranty, the Customer will be requested by the Vendor to submit the Product at the Customer's expense to the following address: ul. Miłkowskiego 21, 30-349 Kraków.

6.7. The request to ship the Product referred to in paragraph 6.6 of Terms and Conditions shall not affect the time limit for the reply by the Vendor to the Customer, referred to in paragraph 6.5 of the Terms & Conditions and does not affect the Customer’s right to request the Vendor to remove the faulty Product and to replace it with a Product free from defects or after the removal of the defect referred to in article 561(1) of the Civil Code.

7. NON-JUDICIAL MEANS OF PROCESSING OF COMPLAINTS AND CLAIMS FOR COMPENSATION AND THE ACCESS RULES TO THESE PROCEDURES

7.1. For detailed information about the possibilities available to consumer Customers to use non-judicial means of dealing with complaints and processing of claims, and the rules on access to these procedures are available at the offices and on the Internet pages of the poviat (city)'s Consumer Ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; Http://www.uokik.gov.pl/sprawy_indywidualne.php and Http://www.uokik.gov.pl/wazne_adresy.php.

7.2. A consumer Customer has the following options for use non-judicial means of dealing with complaints and claims:

7.2.1. The Customer is entitled to ask the standing amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 with amendments), to resolve a dispute arising from the Sales Agreement. The organization and method of operation of the standing amicable courts is defined in the regulation of the Minister of Justice of 25 September 2001 on the determination of the organization and operation of the standing amicable consumer courts. (J. Of Laws 2001, No. 113, item 1214).

7.2.2. The Customer is entitled to request opening of a mediation procedure by the Voivodeship Trade Inspection’s expert in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection
(J. of Laws 2001 No. 4 item 25 with amendments), for amicable settlement of the dispute between the Customer and the Vendor. Information on the principles and mode of the procedure of mediation conducted by the Voivodeship Trade Inspection is available at the offices and on the websites of the individual Voivodeship Trade Inspection.

7.2.3. The Customer is entitled to free support on the settlement of the dispute between the Customer and Vendor, using also the free assistance of district (urban) consumer ombudsman or social organization whose statutory tasks shall include consumer protection (including Consumer Federation, Polish Consumers’ Association). Advice is provided by Consumer Federation at the toll-free consumer hotline 800 007 707 and by the Polish Consumers’ Association at porady@dlakonsumentow.pl.

8. RIGHT OF WITHDRAWAL
(FOR SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)

8.1. The consumer who has concluded an agreement at a distance may withdraw from the contract without giving any reason and without incurring costs within 14 calendar days, with the exception of the costs referred to in paragraph 8.8 of the Terms & Conditions. To meet the deadline simply send your statement before its expiry. Declaration of withdrawal may be submitted:

8.1.1. In writing to the following address: ul. Miłkowskiego 21, 30-349 Kraków.

8.1.2. In electronic form via email to the address: biuro@gerled.pl;

 

8.2. The period of withdrawal shall begin:

8.2.1. For the agreement, in the which the Vendor gives the Product with obligation to transfer the Product's ownership (e.g. Sales Agreement) — from the date of taking the Product into the possession of the consumer or a third party indicated by the consumer other than the carrier, and in the case of an agreement that: (1) includes many Products that are supplied separately, in batches or in parts — from the date of shipment of the last Product, batch or part or (2) an agreement which includes regular delivering of Products for a specified period of time — from the date of taking possession of the first of the Products.

8.2.2. For other agreements — from the day of conclusion of the agreement.

8.3. In the event of withdrawal from a contract concluded at the distance, the agreement shall be deemed non-existent.

8.4. The Vendor shall, not later than within 14 calendar days from the date of receipt of the consumer’s declaration to withdraw from the agreement, return all payments made by the consumer, including the cost of delivery of the Product (with the exception of additional costs resulting from the shipment method selected the Customer other than the cheapest shipment method available in the On-line Store). The Vendor shall reimburse payments using the same payment method as the consumer, unless the consumer expressly agreed to another method of return, which shall be free of any costs. If the Vendor has not proposed to take back the Product from the consumer in person, the Vendor may suspend the return of payments received from the consumer until the receipt of the Product or the delivery of a proof of shipment by the consumer, depending on which event occurs earlier.

8.5. The consumer must return the Product to the Vendor immediately, not later than within 14 calendar days from the date of withdrawal from the agreement or transfer the Product to a person authorised by the Vendor to receive the Product, unless the Vendor had proposed to take back the Product in person. To comply with the date of return, you must send the Product back before the expiry of the date. The consumer can return the Product to the following address: ul. Miłkowskiego 21, 30-349 Kraków.

8.6. The consumer assumes responsibility for reducing the value of the Product resulting from the use of it in a way beyond the defined limits necessary to determine the nature, characteristics and operation of the Product.

8.7. Possible costs associated with the withdrawal from the agreement by the consumer that the consumer may is obliged to pay:

8.7.1. If the consumer selected a shipment method other than the cheapest delivery method available in an On-line Store, then the Vendor will not be obliged to reimburse the consumer for the additional costs.

8.7.2. The consumer incurs direct cost for the return of the Product.

8.7.3. In the case of the Product in form of a service whose delivery started before the expiry of the date for withdrawal from the agreement at the express request of the consumer, the consumer, who exercises their right of withdrawal from the agreement upon request, shall be required to pay for the provision of services completed to the time of withdrawal from the agreement. The amount of payment shall be calculated in proportion to the degree of completion of a service, having regard to price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the completed services.

8.8. The consumer shall not be entitled to the right to withdraw from the agreement concluded at a distance in the case of the following agreements/contracts:

8.8.1. (1) for the provision of services if the Vendor has completed the service with the express consent of the consumer that has been informed prior to the commencement of that service that the Customer loses the right to withdraw from the contract upon the completion of the service by the Vendor; (2) an agreement whose price or remuneration depends on fluctuations in the financial market that the Vendor has no control and which may appear before the expiry of the period of withdrawal; (3) for a non-prefabricated Product, manufactured according to the specifications of the consumer or to meet their individualized needs; (4) for provision of a Product subject to rapid deterioration or having a short shelf life; (5) for provision of a Product delivered in a sealed package, which must not be returned after opening for health reasons or for hygienic reasons, if the packaging has been opened after delivery; (6) for provision of Products that after delivery, due to their nature, are inseparably connected with other things; (7) for provision of alcoholic beverages whose price has been agreed with the conclusion of the contract of sale and which may be shipped only after 30 days and whose value depends on fluctuations in the market that the Vendor has no control over; (8) an agreement in which the consumer has expressly asked the Vendor to come to carry out an urgent repair or maintenance; if the Vendor performs services other than those requested by the consumer; or if the Vendor provides Products other than spare parts required to carry out the repairs or maintenance; the Consumer shall be entitled to right of withdrawal from the contract for additional services or products; (9) for the provision of sound or visual recordings or computer programs delivered in a sealed package if the package has been opened after delivery; (10) for the provision of daily newspapers, periodicals and magazines, with the exception of the agreement on the subscription; (11) concluded by public auction; (12) for the provision of accommodation, other than for residential purposes, carriage of goods, rental of cars, catering services, leisure, entertainment, sports or cultural events, if the day or period of service is indicated in the agreement; (13) for the provision of digital content not stored on a material medium if the provision of service began with the express consent of the consumer before the expiry of the day of withdrawal from the contract and after informing the consumer by the Vendor about the loss of the right of withdrawal from the contract.

9. PROVISIONS FOR ENTREPRENEURS

9.1. This section of the Terms & Conditions and the provisions contained therein apply only to non-consumer Customers and Service recipients.

9.2. The Vendor shall have the right to withdraw from the Sales agreement with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales agreement in this case may occur without giving cause and does not bear any claims in relation to the Vendor from the non-consumer Customer.

9.3. In the case of non-consumer Customers, the Vendor has the right to limit the number of available payment methods, including also the requirement to make advance payment in whole or part of the cost independently from the payment method selected by the Customer and the fact of conclusion of the Sales agreement.

9.4. After the release of the product to the carrier by the Vendor, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the non-consumer Customer. The Vendor in this case is not responsible for loss or damage to the Product resulting from the taking the Product for shipment up to delivery to the Customer and for the delay in the shipment.

9.5. In the event of shipment of the Product to the Customer by a carrier, the non-consumer Customer is required to examine the consignment at a time and in a manner adopted for consignments of this kind. If the Customer finds that the loss of or damage to the Product occurred during shipment, the Customer is obliged to perform any activities necessary to determine the liability of the carrier.

9.6. In accordance with Article 558 §1 of the Civil Code, the Vendor's liability to the Customer for the Product to the non-consumer Customer is disabled.

9.7. In the case of non-consumer Service recipients, the Service Provider may terminate the contract for the provision of Electronic services with immediate effect and without indicating the reasons by sending an applicable statement to the Recipient.

9.8. The responsibility of the Service Provider/Vendor in relation to a non-consumer Recipient/Customer, regardless of the legal basis is limited, both within a single claim as well as any claims in total to the sum of the price paid and the cost of delivery of the subject of the Sales agreement, but not more than the one thousand zlotys. The Service provider/Vendor is liable to the non-consumer Recipient/Customer only for typical losses foreseeable at the time of the conclusion of the agreement and is not responsible for lost benefits in relation to a non-consumer Recipient/Customer.

9.9. Any disputes arising between the Vendor/Service provider and the non-consumer Customer/Service recipient shall be directed to the competent court of the Vendor/Service provider.

10. PERSONAL DATA IN THE ONLINE SHOP

10.1. The Vendor acts as an administrator of personal data of Recipients/Customers collected by the Online Store system.

10.2. Personal Data of Recipients/Customers collected by the administrator via the On-line store are collected in accordance with the will of the Recipient/Customer in order to carry out the provisions of a Sales agreement or Contract for the provision of Electronic services.

10.3. The entities with access to the On-line Store’s Customers’ personal data:

10.3.1. If a Customer that uses the On-line store selects the delivery by post or by courier, the Administrator shall make available the Customer’s personal data to the selected carrier or an intermediary performing the shipment on the order of the Administrator.

10.3.2. If the Customer uses electronic payment or credit card in the On-line store as the payment method, the Administrator shall make available the collected Customer’s personal data to the selected entity processing such payments for the On-line store.

10.4. The Recipient/Customer has the right to access their data and to modify them. A request for data access/modification can be submitted:

10.4.1. In writing to the following address: ul. Miłkowskiego 21, 30-349 Kraków.

10.4.2. In electronic form via email to the address: biuro@gerled.pl

10.5. Giving personal information is voluntary, although not providing the personal data indicated in the Terms & Conditions as necessary for the conclusion of the Sales agreement or agreement for supply of Electronic services results in a lack of possibility for the conclusion of such Agreement. The data necessary for the conclusion of the Sales agreement or agreement to provide Electronic services are also indicated on the website of the On-line Store each time before the conclusion of the contract.

11. FINAL PROVISIONS

11.1. The agreement concluded through the On-line Store is in Polish.

11.2. Changes to the Terms & Conditions:

11.2.1. The Provider reserves the right to make changes to the Terms & Conditions due to important reasons such as: changes in the provisions of law; changes in methods of payment and delivery — to the extent that these changes affect the implementation of the provisions of these Terms & Conditions.

11.2.2. In the case of conclusion of contracts that are continuous (e.g. for providing Electronic service — Account) on the basis of these Terms & Conditions, the amended Terms & Conditions apply to the Recipient, provided the requirements defined in Articles 384 and 384(1) of the Civil Code have been met, i.e. the Recipient has been properly notified of the changes and did not withdraw from the agreement within 14 calendar days from the date of notification. If a change of the Terms & Conditions results in the introduction of any new fees or increase of the current fees, the consumer Recipient has the right to withdraw from the contract.

11.2.3. In the case of conclusion of agreements of a different nature than continuous agreement (e.g. Sales agreements) based on these Terms & Conditions in an On-line store, the changes to the Terms & Conditions will in no way affect the rights acquired by consumer Recipients/Customers before the date of entry into force of the change of the Terms & Conditions, in particular the changes to the Terms & Conditions will not affect the Orders being submitted or already submitted Orders nor concluded, being completed or completed Sales agreements.

11.3. For matters not covered by these Terms & Conditions, universally applicable provisions of the Polish law shall be used, in particular: The Civil Code; acts on provision of services by electronic means of 18 July 2002 (J. Of Laws 2002 No 144, item 1204 with amendments); for Sales agreements concluded from 25 December 2014 with consumer Customers — the provisions of Consumer rights act of 30 May 2014 (J. of Laws 2014, item 827 with amendments); and the other relevant provisions of existing law.

The Terms & Conditions shall enter into force on 24.12.2014

The previous version of Terms & Conditions is valid until 24.12.2014

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