Regulations of the online store

 

§1

Preliminary Provisions

 

1. The online store gerocarts.com, available at the Internet address http://www.gerocarts.com, is run by Robert Kopecki, conducting business activity under the name of Emotive Group Robert Kopecki, entered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister competent for economy, NIP 8133548184, REGON 360062195.

2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and sets out the rules for using the Online Store, as well as, the rules and procedure for concluding Sales Agreements with a Customer at a distance through the Store.

3. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its internet domain, Store Website, as well as to templates, forms, logos posted on the Store Website (except for logos and photos presented on the The Online Store Website for the purposes of presenting goods to which the copyright belongs to third parties) belongs to the Seller, and their use may only take place in a manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.

4. It is prohibited for the Customer to provide illegal content and the to use the Online Store, Shop Website or free services provided by the Seller in a manner contrary to the law, decency or violating personal rights of third parties.

5. The Seller declares that the public nature of the Internet and the use of electronic services may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats. In particular, they should use antivirus and identity protection programs using the Internet. The Seller never asks the Customer to provide the Password in any form.

6. It is not allowed to use the resources and functions of the Online Store
in order to conduct the Customer's activity that would violate the Seller's interest, i.e. advertising activity of another entrepreneur or product; activities consisting in posting content not related to the activities of the Seller; activities of posting false or misleading content.

7. The Seller is entitled to block access to the Customer Account in the event of the Customer acting to the detriment of the Seller, i.e. conducting advertising activity of another entrepreneur or product; activities of posting content not related to the activities of the Seller; activities involving the posting of false or misleading content, as well as in the event of the Customer acting to the detriment of other Customers, the Customer violating the law or the Regulations, as well as, when blocking access to the Customer Account and free services is justified by security reasons -
in particular: breaking the security of the Store's Website by the Customer or other hacker activities.Blocking access to the Customer Account for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account.
The Seller notifies the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.

 

§2

1. Working days - means days of the week from Monday to Friday, excluding public holidays.
   
   
2. Delivery - means the actual act of providing the subject of the order to the Customer by the Seller via the Supplier,.
   
   
3. Supplier - means the carrier / courier company with which the Seller cooperates in delivering the subject of the Order.
   
   
4. Consumer - a natural person concluding a contract with the Seller as part of a Store, the subject of which is not directly related to its business or professional activity.
   
   
5. Seller - a natural person running a business under the name of Emotive Group Robert Kopecki, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the Minister competent for Economy, NIP 8133548184, REGON 360062195.
   
   
6. Customer - any entity making purchases through the Store.
   
   
7. Entrepreneur - a natural person, a legal person and an organizational unit without legal personality, to whom a separate law confers legal capacity, carrying out on their own behalf a business activity that uses the Store.
   
   
8. Store - an online store run by the Seller at the Internet address: http://www.gerocarts.com.
   
   
9. Distance contract - a contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to the conclusion of the contract.
   
   
10. Regulations - these Regulations of the Store.
    
    
11. Order - the Customer's declaration of intent submitted via the Order Form and aiming directly to the conclusion of the Product Sales Agreement or Products with the Seller.
    
    
12. Account - a customer's account in the Store, it collects data provided by the Customer and information about Orders placed by him/ her in the Store.
    
    
13. Password - means a string of characters (letter, digital or other) selected by the Customer during registration in the Online Store, used to secure access to the Account in the Online Store.
    
    
14. Registration form - a form available in the Store that allows to create an Account.
    
    
15. Order form - an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
    
    
16. Shopping Cart - an element of the Store's software, in which the Products selected for purchase by the Customer are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
    
    
17. Product - a movable item / service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
    
    
18. Sales Agreement - a Product sales agreement concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means - according to the features of the Product - a contract for the provision of services and a contract for specific work.

 

§3

Store contact

1. Seller's address: ul.Iwonicka 8/59, 35-505 Rzeszów, Poland
2. Seller's e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it.
3. Seller's bank account number PL 33 1140 2004 0000 3502 7732 2039
4. The Customer may communicate with the Seller using the addresses provided in this paragraph.

 

 

§4

Technical requirements

To use the Store, including viewing the Store's assortment and placing orders for Products, you need:

1. a device with access to the Internet and a browser such as Safari, Firefox, Internet Explorer, Opera, Chrome,
   
   
2. an active e-mail account (e-mail),
   
   
3. cookies enabled

 

 

§5

General information

1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.

2.Viewing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be carried out without creating an Account.

3.The Seller is not a VAT payer based on art. 113 paragraph 1

4. The final (final) amount to be paid by the Customer consists of the price for the Product, the cost of delivery and any fee for payment by payment cards as well as electronic payments about which the Customer is informed on the Store's pages when placing the Order, including the time of expressing of the will be bound by a Sales

5. In case the nature of the subject of the Agreement does not allow to calculate in advance the amount of the final price, information on how the price will be calculated, as well as what charges for transport, delivery, postal services and other costs will be given in the Store in the Product description.

 

§6

Creating an Account in the Store

1. To set up an Account in the Store, please complete the Registration Form. It is necessary to provide the following data: name, surname, address, telephone number. Creating an Account in the Store is free.

2. Logging in to the Account is done by entering the login and password set in the Registration Form.

3.The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular, via e-mail or in writing to the addresses provided in § 3

4. Personal data referred to in § 1, in accordance with the privacy policy of the company are processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. Data from the registration form are processed on the basis of the concluded contract for the provision of electronic services. In case of purchasing a contract, providing personal data is completely voluntary, but without them - it will be much more difficult to register on the Website and make purchases through it.

 

§7

Order placement rules

In order to place an Order:

1. log in to the Store (optional).
2. select the Product being the subject of the Order, and then click the "Add to Cart" button (or equivalent).
3. log in or use the option of placing an Order without registration
4. when the option of placing an Order without registration has been

selected - complete the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data, if different from the recipient's data .

1. select one of the available payment methods and, depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3 of these Regulations.
2. click "Order and pay" (or equivalent) and confirm the order by clicking on the link sent in the email.
   
   

§8

Delivery and payment methods

1. The Customer may use the following methods of delivery or collection of the ordered Product:
2. Courier service, cash on delivery service;
3. Personal pickup available at the company address, i.e. Iwonicka

8/59, 35-505 Rzeszów;

2. The customer may use the following payment methods:
3. Payment on delivery
4. Cash on delivery
5. Payment by bank transfer to the Seller's account
6. Electronic payments
7. Payment by payment card.
8. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.
   
   

§9

Performance of the sales contract

1. The conclusion of the Sales Agreement between the Customer and the

Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.

2. After placing the Order, the Seller immediately confirms its receipt and

simultaneously accepts the Order for implementation. Confirmation of receipt of the Order and its acceptance for implementation occurs by sending the Customer an appropriate e-mail to the Customer's e-mail address provided during the submission of the Order, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon the receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.

3. If selected by the Customer:
4. payment by bank transfer, electronic payment or payment by credit card - the Customer is obliged to make the payment within 3 calendar days from the date of the Sale Agreement - otherwise the order will be cancelled and the contract will not be concluded.
5. cash on delivery upon delivery - the customer is obliged to make the payment on delivery.
6. payment on personal pickup of the shipment - the Customer is obliged to make the payment on delivery.
7. If the Customer has chosen a delivery method other than personal

pickup, the Product will be sent by the Seller within the time specified in its description (subject to nr 5 of this paragraph), in the manner chosen by the Customer when placing the Order.

5. When ordering Products with different delivery times, the delivery date is

the longest given date.

6.In the case of ordering Products with different delivery times, the

Customer may request the delivery of Products in parts or delivery ofall Products after completing the full order.

7. The beginning of the delivery period of the Product to the Customer

counts as follows:

1. a) If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - the deadline runs from the day following the date of crediting the Seller's bank account.
2. If the Customer chooses the method of payment on delivery - from the day following the date of the Sale Agreement.

8.If the Customer chooses the form of personal collection of the Order, the

Order will be ready for collection by the Customer within the time specified in the description of the Order. The Customer will be additionally informed by the Seller about the readiness of the Order for collection by sending an appropriate e-mail to the e-mail address provided by the Customer when placing the Order.

9. In the case of orders with different readiness dates, the readiness date

is the longest given date.

10. The beginning of the deadline for the Customer to be picked up is

counted as follows:

1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the day following the date of crediting the Seller's bank account.
2. If the Customer chooses the method of cash on personal pickup - from the day following the date of the Sale Agreement.
10. Delivery of the Order takes place in Europe, North America, Africa, Asia.
11. Delivery of the Order to the Customer is payable, unless the Sales

Agreement provides otherwise. The delivery costs of the Order (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the 'Delivery Costs' and when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.

12. Personal collection of the Order by the company registered in these

Regulations is free of charge.

 

§10

The right to withdraw from the contract by a consumer who is a natural person

1. The right to withdraw from the contract by a consumer who is a natural person is based on the provisions of the Act of 30 May 2014 on consumer rights, as amended. as amended (consolidated text: Journal of Laws of 2020, item 287), which specifies:

1) obligations of the entrepreneur concluding the contract with the consumer;

2) the rules and procedure for concluding distance and off-premises contracts with the consumer;

3) the rules and procedure for exercising the consumer's right to withdraw from a distance or off-premises contract;

4) the rules and procedure for concluding a distance contract with a consumer regarding financial services.

2. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason and without incurring costs, except for the costs specified in art. 33, art. 34 section 2 and art. 35 of the Act referred to in §1.

3.The time limit specified in §. 2 begins:

1. for a contract under which the entrepreneur issues an item, being obliged to transfer its ownership - from taking possession of the item by the consumer or a third party indicated by him other than the carrier, and in the case of a contract which:
2. a) includes many items that are delivered separately, in batches or in parts - from taking possession of the last item, batch or part,
3. b) consists in regular delivery of goods for a specified period of time - from taking possession of the first of the items;

2) for other contracts - from the date of the contract.

4. The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement in such a form, that the Seller can read it without difficulty, before the expiry of this period.
5. The statement may be sent by traditional mail, or by electronic means by sending the statement to the Seller's e-mail address or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on a form, a model of which constitutes Annex No. 1 to these Regulations and the Annex to the Act of 30 May 2014 on consumer rights, but it is not mandatory. A sample statement is attached to each contract concluded outside the business premises, it is forwarded to the consumer by the Seller.

6.If the Consumer sends a statement electronically, the Seller will immediately send the Consumer the confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.

7. Effects of withdrawal from the Agreement:

a.In the event of withdrawal from a Distance Contract, the Contract is considered null and void.

1. In the event of withdrawal from the Contract, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Contract, all payments made by him, including the costs of delivery, except for additional costs resulting from the consumer's choice. how to deliver the Order.
2. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed or indicated a different solution that will not involve any costs for him.
3. The Seller may withhold reimbursement until receipt of the subject of the Order back or until proof of sending it back is provided to him, whichever occurs first.
4. The consumer should return the subject of the Order to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about withdrawal from the Agreement. The deadline will be met if the Consumer sends the subject of the Order before the 14-day deadline.
5. The consumer bears the direct cost of returning the subject of the Order, including its costs, if due to its nature the subject of the Order could not be returned by ordinary mail.
6. The consumer is only responsible for reducing the value of the subject of the Order resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the subject of the Order.
7. If, due to the nature of the subject of the Order, it cannot be sent back by ordinary mail, information about this, as well as the cost of its return, will be in the description of the subject of the Order in the Store.
8. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Contract:

1) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;

2) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;

3) in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;

4) in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;

5) in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;

6) in which the consumer explicitly demanded that the entrepreneur visit him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or items;

7) for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.

10.It should be noted that from 01/01/2021 consumer provisions contained in these Regulations will also apply to a natural person concluding a contract directly related to his business, when the content of this contract indicates that he does not have a professional character for that person , resulting in particular from the subject of its business activities, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

 

§11

Complaint and warranty

1. The Sale Agreement covers new items - products manufactured by the

Seller.

2. In the event of a defect in the goods purchased from the Seller, the Customer has the right to complain on general principles based on the provisions on warranty contained in the Civil Code.
3. The Seller ensures the Delivery of Goods free from physical and legal defects. The Seller is liable to the Customer if the Good has a physical or legal defect (warranty).
4. If the Good has a defect, the Customer may:

a)	submit a declaration of price reduction, request replacement of the goods with a new one or exercise the right to withdraw from the contract within no more than 14 days from the date of purchase.

This limitation does not apply if the Good has already been replaced or repaired by the Seller or the Seller failed to satisfy the obligation to replace the Good with a good free from defects or remove defects. Instead of replacing the defect proposed by the Seller, the Customer may request replacement of the Product for one free of defects or instead of replacing the Good, demand removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the method proposed by the Seller. When assessing the excess of costs, the value of the Good free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would otherwise be exposed

1. b) demand replacement of the defective Product with one free of defects or removal of the defect. The Seller is obliged to replace the defective product with a product free from defects or remove the defect within a reasonable time without undue inconvenience to the customer.

The Seller may refuse to satisfy the Customer's request if it is impossible to comply with the Contract for the Sale of defective Goods in a manner chosen by the Customer or would require excessive costs compared to the second possible method of compliance with the Contract of Sale. The cost of repair or replacement is borne by the Seller.

5.If the Customer is an Entrepreneur, the parties may exclude liability

under the warranty.

6. Complaints should be submitted in writing or by electronic means to the Seller's correspondence data provided in these Regulations.
7. The Seller shall respond to the complaint request immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer's request was considered justified
8. The subject of the order sent as part of the complaint procedure

should be sent to the address given in § 3 of these Regulations.

9. If a warranty has been granted for the subject of the Order, information about it, as well as its content, will be included in the description of the subject of the Order in the Store. The seller will also attach a warranty card to the sold item of the Order.

 

 

§12

Out-of-court complaint consideration and redress methods

1.Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the registered offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Trade Inspection Inspectorates and 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/spprawy_ind Individualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

2. The consumer has the following examples of possibilities of using extrajudicial means of dealing with complaints and redress:
3. The consumer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
4. The consumer is entitled to apply to the voivodeship inspector of Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
5. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers) .

 

 

§13

Personal data in the Online Store

1. The administrator of personal data of Customers collected through the Online Store is the Seller.
2. Customers' personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees - also for marketing purposes.
3. The recipients of personal data of the Online Store customers may be:
4. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing the shipment at the request of the Administrator.
5. In the case of a Customer who uses the Online Store with the method of electronic payments or a payment card, the Administrator provides the collected personal data of the Customer to the selected entity operating the above payments in the Online Store.
6. The Customer has the right to access their data and correct it.
7. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.

 

 

§14

Final Provisions

1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional damage and within the limits of actually incurred losses by the Customer who is an Entrepreneur.
2. In the event of a dispute on the basis of a concluded Sales Agreement, the parties shall endeavour to resolve the matter amicably. The law applicable to any dispute arising under these Regulations is Polish law. Agreements concluded through the Online Store are concluded in Polish.
3. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about any change at least 7 days in advance.
4. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
5. The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
6. The Regulations shall enter into force on .......