Regulations as of 02/22/2021
- The owner and manager of the online store via the https://gie-el.pl/pl/ (hereinafter referred to as the “Online Store” or “Store”) is Jacek Rypuła, running a sole proprietorship under the name GENIUS LOCI JACEK RYPUŁA with its registered office in Bojszowy, address: Pancerniaków 89a, 43-220 Bojszowy, Silesian Voivodeship, entered in the Central Register and Information on Economic Activity, VAT ID (NIP) no.: 6462591760, REGON no.: 240721914 (hereinafter referred to as the “Seller”).
- The following Regulations are addressed to all users, which define the rules for registering and using an Individual Account, selling the Seller’s products via the Online Store and specify the terms and conditions for the provision of free services by electronic means.
- The customer may contact the Online Store at the following e-mail address: [email protected] or via phone with the Customer Service Center from Monday to Friday from 9:00 a.m. to 4:00 p.m. at no.: +48 666352099. The customer shall receive a reply to messages received on Saturdays, Sundays and public holidays on the next working day during the helpline’s working hours.
- The admin of Customers’ personal data is Jacek Rypuła, who runs a sole proprietorship under the name GENIUS LOCI JACEK RYPUŁA with its registered office in Bojszowy, address: Pancerniaków 89a, 43-220 Bojszowy, Silesian Voivodeship, entered in the Central Register and Information on Economic Activity, VAT ID (NIP) no.: 6462591760, REGON no.: 240721914.
§ 1 Definitions
Customer: an entity being the user of the Store’s website, for which services may be provided via the Online Store in accordance with the Regulations and legal provisions..
Civil Code: Civil Code Act of April 23, 1964 (Journal of Laws of 2014, item 121, as amended).
Consumer: a natural person who performs a legal transaction with the entrepreneur which is not directly related to one’s business or professional activity.
Individual account a panel assigned individually to the Customer after registration of data in the Online Store system, marked with an e-mail address and password provided by the customer in the Seller’s IT system, allowing the customer to use additional functionalities of the store’s website.
Entrepreneur: a natural person, legal person or a business unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on one’s own behalf and performing a legal transaction directly related to one’s business or professional activity.
Regulations: means the following rules.
Seller: Jacek Rypuła, running a sole proprietorship under the name GENIUS LOCI JACEK RYPUŁA with its registered office in Bojszowy, address: Pancerniaków 89a, 43-220 Bojszowy, Silesian Voivodeship, entered in the Central Register and Information on Economic Activity, VAT ID (NIP) no.: 6462591760, REGON no.: 240721914.
Goods: means the product(s) presented each time by the Seller as part of the Online Store, for the purpose of sale.
Contact details: the following data by which the Customer may contact the Online Store: e-mail address: [email protected] or via phone with the Customer Service Center from Monday to Friday, 9:00 a.m. – 4:00 p.m. at no.: +48 666352099.
Sales Agreement: a contract for the sale of Goods concluded between the Seller and the Customer, the terms of which are specified in particular in the following Regulations. The Sales Agreement is concluded using means of distance communication, after the Seller accepts the Order on the terms set out in these Regulations.
Discount coupon: A coupon containing a promotional code that can be used by the Customer to obtain a discount when purchasing the Goods via the Online Store.
Newsletter: should be understood as an information bulletin on new products and promotions of the Online Store, to which the Customer has agreed to subscribe by entering one’s e-mail address in the “Newsletter” field.
§ 2 General provisions and rules of using the Store
- Access to the Regulations can be obtained by every customer at any time via the “Store Regulations” link on the website of the Online Store.
- Information about the Goods available at the Online Store, such as photos, descriptions, prices, constitute an invitation to conclude a sales agreement within the meaning of Art. 71 of the Civil Code, in accordance with the terms of the Regulations.
- Photos and descriptions of the offered products are used to present the specific models of Goods indicated on them.
- The minimum technical requirements, the fulfillment of which is necessary for the cooperation with the ICT system used by the Seller, including the conclusion of the Sales Agreement and the provision of other electronic services, are: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail and a valid e-mail address; (3) web browser: Mozilla Firefox, version min. 17.0 or Internet Explorer version min. 10.0, Opera version min. 12.0, Google Chrome version min. 23.0., Safari version min. 5.0; (4) Recommended minimum screen resolution 1024×768.
- It is not allowed to:
- use the Online Store for the purpose of running a business that would infringe the interests of the owner of the Online Store, in a manner that is against the law, commercial integrity or infringes the personal rights of third parties
- provide unlawful content to the Store,
- use the Store in a way that disrupts its functioning or undertaking IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of other Customers;
- place unsolicited commercial information within the Store content, and
- use of the content posted on the Store’s website for use other than personal use.
§ 3 The rules for placing an Order and concluding a Sales Agreement
- The Seller enables the conclusion of agreements for the sale of Goods via the Internet and provides other services provided for in the following Regulations.
- In order to register an Individual Account and to conclude a Sales Agreement via the Store’s website, it is necessary for the Customer to have an active e-mail account.
- The creation of an Individual Account is not necessary to place an order in the Online Store.
- The Customer may place orders in the Online Store via the Store’s website, 7 days a week, 24 hours a day.
- In order to place an order, the Goods should be Wybierzed in the Store, especially in terms of their models, quantity and sizes. Each of the Goods should be added to the “Cart” using the “Add to Cart” option. Choosing each of the Goods will display a message enabling to enter to “Cart” after Wybierzing the “Proceed to order processing” option. To continue the Wybierzion of Goods, use the “Continue shopping” option. After completing the entire order, go to the “Cart” and continue the ordering procedure. When completing the order, the Customer may log in to the Individual Account or place an order as a guest. The customer completes the order by filling in one’s personal data or company billing details with VAT id number and delivery address in the appropriate fields. The seller cannot issue an invoice without the tax identification number provided at the time of purchase. In the next steps, the Customer has the option to choose the method of delivery of the Goods and the payment method, and is informed about the total price for the Wybierzed products and their delivery, as well as about all additional costs that the one is obliged to incur in connection with the order.
- Next, the Customer places an order by Wybierzing the “Order with payment obligation” option.
- The information provided by the Customer in the course of placing the order should be true, up-to-date and accurate. The Seller reserves the right to refuse to process the order, if the data provided is inaccurate to the extent that it is impossible to complete the order, in particular, it prevents the correct delivery of the ordered Goods. Before refusing to process the order, the Seller shall try to contact the Customer in order to determine the necessary data.
- Until the confirmation of Wybierzed Goods with the “Order with payment obligation” button, the Customer has the option of making changes and modifications to the Goods in the order, as well as contact details for shipment or invoice. Until the payment is made, the Customer may stop placing the order by not continuing the next steps. In this case, the Customer’s order will not be processed.
- By placing the order the Customer submits an offer to the Seller to conclude an agreement for the sale of Goods within the meaning of the Civil Code.
- After placing the order, the Seller sends an order confirmation to the e-mail address provided by the Customer. Next, the Seller sends information about the acceptance of the placed order to the e-mail address provided by the Customer.
- The conclusion of the Sales Agreement of Goods between the Seller and the Customer takes place when the Customer receives information about the acceptance of the order referred to in sec. 11. This information confirms the terms of the Sales Agreement concluded on the basis of the Regulations.
§ 4 Creating an Individual Account
- In order to create an Individual Account, the Customer is obliged to register one’s data free of charge in the Store’s database. Data registration takes place by filling in the registration form available in the “Account” tab and Wybierzing the “Create an account” or “Save” option. Filling out the form requires providing the following data: first name, surname, e-mail address and establishing an individual password for the Customer.
- After sending the completed registration form, the Customer shall immediately receive, to the e-mail address provided in the registration form, confirmation of the registration of the Individual Account in the Store by the Seller. At this moment, the agreement on providing services by electronic means is concluded and the Customer gains the ability to access the Individual Account and make changes to one’s data provided at the time of registration.
§ 5 Delivery
- The Goods are delivered to the address indicated by the Customer in the order form.
- The Goods are delivered by a delivery company via courier. There is a possibility of cash on delivery shipment. The charges for the delivery of Goods are given in the order form.
- On the day of sending Goods to the Customer, the Seller sends information about the shipment to the Customer’s email address.
- The Goods are shipped within 8 weeks from the receipt of the payment or from the moment of placing the order in the case of cash on delivery shipments or in the case of payment in cash or by credit card upon personal collection. If the delivery date is given in working days, it should be understood as all days from Monday to Friday, except for public holidays.
§ 6 Prices and Payments
- The presented prices on the website given in Polish zlotys are gross prices, including VAT.
- The purchase price of the products provided on the Store’s website is final and binding from the moment the Customer receives an e-mail confirming the acceptance of the Customer’s purchase order for Wybierzed Goods, indicated in § 3 sec. 10. This price stays the same, regardless of any price changes introduced on the Store’s website or commenced promotional or sale campaigns.
- The customer pays the price for the ordered Goods together with delivery costs, according to one’s choice:
- by bank transfer to the Seller’s bank account specified below, prior to delivery, depending on the Wybierzed currency:
ING – PLN
52 1050 1315 1000 0091 0826 7981
IBAN: PL 52 1050 1315 1000 0091 0826 7981
SWIFT/BIC code: INGBPLPW
ING – EUR
02 1050 1399 1000 0092 3379 2440
IBAN: PL 02 1050 1399 1000 0092 3379 2440
SWIFT/BIC code: INGBPLPW
ING – USD
21 1050 1315 1000 0091 1637 0561
IBAN: PL 21 1050 1315 1000 0091 1637 0561
SWIFT/BIC code: INGBPLPW
- by bank transfer or via the Blik system by means of electronic payment method made in the Przelewy24.pl payment system operated by PayPro Spółka Akcyjna Kanclerska 15 60-327 Poznań, prior to delivery;
- by bank transfer or via the Blik system by means of electronic payment method made in the imoje.pl payment system, operated by ING Bank Śląski S.A., before delivery;
- bank transfer via PayPal, operated by PayPal (Europe) S.à r.l. et Cie, S.C.A. ;
- by cash on delivery to an employee of the delivery company at the place of delivery;
- by bank transfer to the Seller’s bank account specified below, prior to delivery, depending on the Wybierzed currency:
- If the Customer chooses the payment method specified in sec. 4a., the failure to make the payment to the Seller’s account within 3 business days from the date of the Sales Agreement, and then within the period additionally designated by the Seller, causes the Seller to withdraw from the Sales Agreement. The Customer may also, until receiving the message about sending the Order, cancel it without incurring any consequences, by contacting the Seller during working hours using the telephone number provided in the Contact tab, which does not violate one’s right to withdraw from the agreement.
- If the Customer chooses the payment method specified in sec. 4b. or 4d., of this paragraph, the Seller shall start implementing the order after receiving the payment confirmation from the Przelewy24, imoje system or from the PayPal system, respectively, not earlier than after sending the Customer an e-mail confirming the acceptance of the Customer’s purchase order for Wybierzed Goods, indicated in § 3 sec. 10.
- If the Customer chooses the payment method specified in sec. 4e., the failure to pay upon receipt of the Goods, despite the Seller’s appointment of an additional appropriate date, gives the Seller the option to withdraw from the Sales Agreement. The Customer may also cancel the Order within the indicated period without incurring any consequences, which does not violate one’s right to withdraw from the agreement.
- The Seller reserves the right to change the prices of Goods in the Store, introduce new Goods to the Store, carry out and cancel promotional campaigns on the Store’s websites, or make changes to them in accordance with the Civil Code and other laws, and such changes do not violate the rights of persons who concluded Contracts for the Sale of Goods offered by the Store before making the above-mentioned changes or rights of persons entitled to use a given promotion, in accordance with its rules and during its duration.
§ 7 Complaints
- If the purchased Goods have a physical or legal defect, the Seller shall be liable to the Customer pursuant to Art. 556 and following of the Civil Code (warranty).
- The Seller takes steps to ensure Store’s proper functioning, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by customers within a reasonable time.
- If the sold Goods have a defect, the Customer may:
- submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with the product(s) free from defects or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with a non-defective one or remove the defects
- demand replacement of the Goods that are free from defects or remove the defect. The Seller is obliged to replace the defective Goods with a product free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer.
- The Customer may, instead of the removal of the defect proposed by the Seller, demand that the Goods are replaced with the product(s) free from defects, or instead of replacement of Goods, demand that the defect be removed, unless it is impossible to bring the Goods into conformity with the contract in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect is taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
- The Seller may refuse to fulfil the Customer’s request to replace the Goods with the product(s) free from defects or to remove the defect if it is impossible to bring the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer or would require excessive costs to bring the Goods into compliance with the Sales Agreement. The costs of repair or replacement are borne by the Seller.
- The Customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. The cost of delivering the Goods is covered by the Seller.
- The Seller is liable under the warranty if a physical defect is found within two years of the Goods being delivered to the Customer. The claim for the removal of the defect or replacement of the Goods with the product(s) free from defects expires after one year, but if the customer is a Consumer or a natural person concluding a Sales Agreement directly related to its business activity, when the content of this Agreement shows that it does not have professional nature for this person, this period may not end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration of price reduction due to a defect in the Goods. If the Customer requested replacement of the Goods with the product(s) free from defects or removal of the defect, the deadline for withdrawal from the Sales Agreement or submitting a price reduction statement begins with the ineffective expiry of the deadline for replacing the Goods or removing the defect.
- A complaint may be submitted in writing by returning the Goods together with a description of the defect and Store’s proof of purchase, by registered mail or other form of shipment, to the address: Gie El, Pancerniaków 89a 43-220 Bojszowy. Complaints may also be submitted by sending an e-mail to the following address: [email protected] with a description of the found defect and photos of the defective goods or a description of the reported problem, if the complaint relates to free services provided electronically by the Seller.
- It is advisable that the complaint should contain in particular: first name, surname, correspondence address, e-mail address to which a reply to the complaint is to be sent, if the Customer wishes to receive a reply to the complaint via e-mail, the date of purchase of the goods , detailed description of the goods and the date of its finding, the Customer’s request, as well as the Customer’s preferred method of informing about the method of settling the complaint. Along with submitting the complaint, the Seller must provide the proof of purchase of the goods. This may be, for example, a copy of a receipt, a copy of an invoice, a printout from a payment card or other proof.
- The Customer shall receive information on the method of settling the complaint within 14 days from the date of the request by the Customer.
- The Seller does not undertake, under the following Regulations, to use the out-of-court resolution of disputes referred to in the Act of 23 September 2016 on out-of-court settlement of consumer disputes.
§ 8 The right to withdraw from the Sales Agreement
- The Customer who is a Consumer or a natural person concluding a Sales Agreement directly related to its business activity, if the content of this Agreement shows that it is not of a professional nature for this person, may withdraw from it within 14 days without giving any reason.
- The deadline for withdrawing from the Sales Agreement starts from the moment of taking the Goods into possession by the Consumer or the person referred to in sec. 1 or a third party indicated by it.
- The Consumer or the person referred to in sec. 1 may withdraw from the Sales Agreement by informing the Store about its decision to withdraw from the contract by means of an unequivocal statement, for example sent in writing to the following address: Jacek Rypuła, Pancerniaków 89a, 43-220 Bojszowy or via e-mail to the Seller’s address provided in the Contact details.
- The Customer may use the template form attached to each order as well as available on the Seller’s website in the form of a PDF file, but it is not obligatory. The Customer may also complete and send the scanned form or any other unequivocal statement via e-mail to the address [email protected]. If the Customer submits a declaration of withdrawal by electronic means, the Seller shall immediately send the Customer a confirmation of receipt of this declaration on a durable medium.
- To meet the deadline specified in sec. 1, it is enough to send a declaration of withdrawal before its expiry.
- In the event of withdrawal from the Sales Agreement, it is considered void.
- If the Consumer or the person referred to in sec. 1 submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted one’s offer, the offer ceases to be binding.
- The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the statement of the Consumer or the person referred to in paragraph 1 on withdrawal from the Sales Agreement, return the payments made by him/her, except for the cost of delivering the Goods above the cost of the cheapest standard delivery method offered by the Seller. The Seller may withhold the reimbursement of payments received from the Consumer or the person referred to in sec. 1 until receipt of the Goods back or delivery by the Customer of proof of return of the Goods, whichever occurs first. The Seller shall refund the payment using the same method of payment that was used by the Consumer or the person referred to in sec. 1, unless the Consumer or the person referred to in sec. 1 expressly agreed to a different method of return, which does not involve incurring any costs.
- In the case of cash on delivery payment, the Seller shall refund the payment to the bank account provided by the Customer.
- If the Consumer or the person referred to in sec. 1 exercising the right of withdrawal chose a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to return the Consumer or the person referred to in sec. 1, additional costs incurred by him/her.
- The Consumer or the person referred to in sec. 1 is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which he/she withdrew from the Sales Agreement. To meet the deadline, it is enough to return the Goods before its expiry.
- In the event of withdrawal from the Sales Agreement, the Customer who is a Consumer or a person referred to in sec. 1 bears the direct costs of returning the Goods.
- The Consumer or the person referred to in sec. 1 is liable for a decrease in the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
§ 9 Other services provided by electronic means
- The Seller, in addition to enabling the conclusion of Sales Agreements via the Store in accordance with the following Regulations, also provides the following services by electronic means for customers:
- the Newsletter Service,
- the Individual Account Service,
- In order to start providing the Newsletter service, it is required to subscribe to the Newsletter service by the Customer by entering one’s e-mail address in the appropriate field or by checking the appropriate field once filling in the details when placing an order in the Online Store and confirming it by clicking on the activation link sent by the Seller to the e-mail address provided by the Customer (the moment of commencement of the Newsletter service).
- The Newsletter is a free service provided for an indefinite period of time. The customer has the option, at any time and without giving any reason, to unsubscribe from the Newsletter (to resign from the Newsletter), in particular by clicking on the deactivation link in each Newsletter sent to the Customer in the form of an e-mail or sending an appropriate request to the Seller using one’s contact details.
- The Individual Account service is available after registering data in the Store’s system on the terms described in paragraph 4 of the Regulations and the purpose of which is providing the Customer with an individual panel in the Seller’s ICT system, allowing the Customer to use additional functionalities of the Store’s website, such as modifying the Customer’s data, maintaining the Customer’s session, after logging in to the Individual Account, storing and sharing order history of the Customer, tracking the status of orders.
§ 10 Personal data protection
- The Customer’s personal data is processed by the Seller being the personal data administrator.
- The Seller applies appropriate technical and organizational measures to ensure the protection of personal data.
§ 11 Final provisions
- The Regulations come into force as of February 22, 2021.
- The Agreements concluded by the Seller are concluded in Polish language.
- The Seller is liable for non-performance or improper performance of the agreement. In the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
- The Parties shall endeavour to amicable settlement of any disputes arising from the agreement concluded on the basis of the following Regulations.
- The Customer who is a Consumer has the right to use the following extra-legal methods of pursuing claims and considering complaints:
- the possibility of requesting an out-of-court resolution of consumer disputes under the Act of 23 September 2016 on out-of-court settlement of consumer disputes (Journal of Laws of 2016, item 1823), i.e. to e.g. Provincial Inspector of Trade Inspection in Katowice;
- submit a request for examination by the Permanent Consumer Arbitration Court operating at the appropriate Provincial Inspectorate of Trade Inspection and
- ask the Municipal Consumer Rights Ombudsman for assistance in the protection of consumer interests and rights. Free assistance to consumers in the protection of one’s rights and interests is also provided by social organizations, such as the Association of Polish Consumers;
- the dispute may also be resolved by the ODR internet platform, which is available at: http://ec.europa.eu/consumers/odr/.
- Non-acceptance of the Regulations prevents the purchase of the Goods offered by the Store. The Store allows the customer to read the Regulations when placing an order. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations in force on the date of placing the order by the Customer. Customers who have an Individual Account shall be informed about the change in the Regulations via e-mail. The Customer who does not accept the changes introduced in the Regulations has the right to withdraw from the agreement for the provision of electronic services.
- The law applicable to any disputes arising from the following Regulations is the Polish law. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code and other relevant provisions of generally applicable law.