Terms

ONLINE STORE REGULATIONS

GESE.PL

CONTENTS:

CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS OF CONCLUDING A SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
6. COMPLAINT HANDLING PROCEDURE
7. OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
9. PROVISIONS RELATING TO ENTREPRENEURS
10. PRODUCT REVIEWS
11. ILLEGAL CONTENT AND OTHER CONTENT NOT IN COMPLIANCE WITH THE RULES
12. FINAL PROVISIONS
13. WITHDRAWAL FORM SAMPLE

The www.gese.pl Online Store takes care of the consumer's rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. The provisions of agreements less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them under mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any inconsistency of the provisions of these Regulations with the above provisions, these provisions take precedence and should be applied.

1. GENERAL PROVISIONS

1.1. The Online Store available at www.gese.pl is run by partners jointly conducting business activity based on a limited partnership agreement under the name Gese A. Karetko, G. Markowski Spółka komandytowa (address of the place of business and address for correspondence: ul. Michała Motoszko 26, 15-111 Białystok); NIP of the limited partnership 7831746728, REGON of the limited partnership 365325618, e-mail address: [email protected] , telephone number 570440673, i.e. ANDRZEJ KARETKO conducting business activity under the name of GESE Andrzej Karetko, partner of the limited partnership (address of the place of business: ul. Michała Motoszko 26, 15-111 Białystok ) entered into the Central Register and Information on Business Activity of the Republic of Poland, maintained by the minister responsible for economy, NIP 9661510205, REGON 365332386 and GRZEGORZ MARKOWSKI conducting business activity under the name of 1. PRZEDSIĘBIORSTWO PRODUKCYJNO-HANDLOWO-USŁUGOWE "BEST" GRZEGORZ MARKOWSKI, 2. GESE Grzegorz Markowski partner of a limited partnership (address of the place of business: ul. Zwycięstwa 8D, 15-703 Białystok) entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economic affairs, NIP 7221087569, REGON 050870200.

1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed solely to consumers or entrepreneurs.

1.3. The Seller is the administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy primarily contains the principles regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of processing personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).

1.4. Definitions:

WORKING DAY – one day from Monday to Friday, excluding public holidays.
REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
ACCOUNT – Electronic Service, a set of resources in the Service Provider’s IT system, marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
REGULATIONS – these regulations of the Online Store.
ONLINE STORE – the online store of the Service Provider available at the following internet address: www.gese.pl.
SELLER; SERVICE PROVIDER – partners jointly conducting business activity based on a limited partnership agreement under the name Gese A. Karetko, G. Markowski Spółka komandytowa, (address of the place of business and address for correspondence: ul. Michała Motoszko 26, 15-111 Białystok); NIP of the limited partnership 7831746728, REGON of the limited partnership 365325618, e-mail address: [email protected] , telephone number 570440673, i.e. ANDRZEJ KARETKO conducting business activity under the name of GESE Andrzej Karetko, partner of the limited partnership (address of the place of business: ul. Michała Motoszko 26, 15-111 Białystok) entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economic affairs, NIP 9661510205, REGON 365332386 and GRZEGORZ MARKOWSKI conducting business activity under the name of 1. PRZEDSIĘBIORSTWO PRODUKCYJNO-HANDLOWO-USŁUGOWE "BEST" GRZEGORZ MARKOWSKI, 2. GESE Grzegorz Markowski, partner limited partnership (address of the place of business: ul. Zwycięstwa 8D, 15-703 Białystok) entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economic affairs, NIP 7221087569, REGON 050870200.
SALES AGREEMENT – a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use the Electronic Service.
CONSUMER RIGHTS ACT, ACT – Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended)
ORDER – a declaration of will of the Customer submitted via the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.
DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).
ILLEGAL CONTENT – information that, in itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, does not comply with European Union law or with the law of any Member State that complies with European Union law, regardless of the specific subject matter or nature of that law.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.

Account - the Account can be used after the Service User has completed three consecutive steps - (1) filling out the Registration Form, (2) clicking the " Register " field and (3) confirming the willingness to create an Account by clicking the confirmation link sent automatically to the provided e-mail address. In the Registration Form, it is necessary for the Service User to provide the following data of the Service User: first and last name/company name, address (street, house/apartment number, postal code, town, country), e-mail address, contact telephone number and password. In the case of Service Users who are not consumers, it is also necessary to provide the company name and Tax Identification Number.
- The Electronic Account Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: [email protected] or in writing to the address: ul. Michała Motoszko 26, 15-111 Białystok.
Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. The Order is placed after the Customer completes two consecutive steps – (1) after filling in the Order Form and (2) clicking on the “ Confirm purchase ” field on the Online Store website after filling in the Order Form – until then, it is possible to modify the entered data independently (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data concerning the Customer: first name and last name/company name, address (street, house/apartment number, postal code, town, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number.
- The Electronic Order Form Service is provided free of charge and is of a one-off nature and ends when an Order is placed via it or when the Service Recipient stops placing an Order via it earlier.
Newsletter – you can subscribe to the Newsletter by checking the appropriate checkbox when creating an Account or placing an Order – upon creating an Account or placing an Order, the Service Recipient is subscribed to the Newsletter.
- The Electronic Newsletter Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: [email protected] or in writing to the address: ul. Michała Motoszko 26, 15-111 Białystok.

2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0. or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher; (4) recommended minimum screen resolution: 1366x768; (5) enabling Cookies and Javascript support in the Internet browser.

2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good customs, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the factual state. The Service Recipient is prohibited from providing content of an illegal nature.

2.4. The complaint procedure regarding Electronic Services is indicated in point 6 of the Regulations.

3. CONDITIONS OF CONCLUDING A SALES AGREEMENT

3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.

3.2. The price of the Product displayed on the Online Store website is given in Polish zloty and includes taxes. The Customer is informed on the Online Store website about the total price including taxes of the Product that is the subject of the Order, as well as about the delivery costs (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them, during the placement of the Order, including when the Customer expresses their will to be bound by the Sales Agreement.

3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by sending an appropriate e-mail message by the Seller to the Customer to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statements about receiving the Order and its acceptance for execution and confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above e-mail message, a Sales Agreement is concluded between the Customer and the Seller.

3.4. The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by means of (1) making these Regulations available on the website of the Online Store and (2) sending the Customer an e-mail message referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:

Payment in cash on delivery upon receipt of the shipment.
Payment in cash upon pickup.
Payment by transfer to the Seller's bank account.

4.2. Payment deadline:

If the Customer chooses to pay by bank transfer, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
If the Customer chooses to pay cash on delivery upon delivery or to pay cash upon personal collection, the Customer is obliged to make the payment upon delivery.

5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1. Product delivery is also available outside the territory of the Republic of Poland.

5.2. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal fees) are indicated to the Customer on the Online Store website in the information tab regarding delivery costs and during the placement of the Order, including when the Customer expresses their will to be bound by the Sales Agreement.

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

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

Courier shipment, cash on delivery courier shipment.
Personal collection available at: ul. Michała Motoszko 26, 15-111 Białystok – on Business Days, from 07:45 to 15:45.

5.5. The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter period is given in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery time is the longest given time, which, however, cannot exceed 7 Business Days. The beginning of the delivery time of the Product to the Customer is counted as follows:

If the Customer chooses to pay by bank transfer – from the date of crediting the Seller's bank account or settlement account.
If the Customer chooses to pay by cash on delivery – from the date of conclusion of the Sales Agreement.

5.6. The date of readiness of the Product for collection by the Customer – if the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within 2 Business Days, unless a shorter period is given in the description of the given Product or when placing the Order. In the case of Products with different dates of readiness for collection, the date of readiness for collection is the longest date given, which, however, cannot exceed 2 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the period of readiness of the Product for collection by the Customer is counted as follows:

If the Customer chooses to pay by bank transfer – from the date of crediting the Seller's bank account or settlement account.
If the Customer chooses cash on personal collection – from the date of conclusion of the Sales Agreement.

5.7 The customer is obliged to report any non-conformity of the goods with the contract, i.e. quantity, weight, type of product and visible defects of the product, including dents, scratches, missing stone, damaged clasp, within a period not longer than 14 calendar days from the date of receipt.

6. COMPLAINT HANDLING PROCEDURE

6.1. This point 6 of the Regulations specifies the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.

6.2. The basis and scope of liability are specified in generally applicable legal provisions, in particular in the Civil Code, the Consumer Rights Act and the Act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended).

6.2.1. Detailed provisions regarding the complaint of a Product - a movable item - purchased by the Customer under the Sales Agreement concluded with the Seller by December 31, 2022 are specified in the provisions of the Civil Code in the wording applicable until December 31, 2022 , in particular Art. 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to deliver a Product without defects to the Customer. In accordance with Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product purchased in accordance with the previous sentence towards the Customer who is not a consumer is excluded.

6.2.2 Detailed provisions regarding the complaint of a Product – a movable item (including a movable item with digital elements), but excluding a movable item that serves solely as a carrier of digital content – purchased by the Customer under the Sales Agreement concluded with the Seller from 1 January 2023 are specified in the provisions of the Consumer Rights Act in the wording applicable from 1 January 2023, in particular Art. 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.

6.3. A complaint may be filed:

6.3.1 in writing to the following address: ul. Michała Motoszko 26, 15-111 Białystok, using the complaint form - DOWNLOAD HERE.

6.3.2 in electronic form via e-mail to the following address: [email protected] using the complaint form - DOWNLOAD HERE .

6.4 The Product should be sent or returned as part of a complaint to the following address: ul. Michała Motoszko 26, 15-111 Białystok.

6.5 It is recommended to include in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity or lack of compliance with the contract; (2) a request for a method of achieving compliance with the contract (3) contact details of the person submitting the complaint – this will facilitate and speed up the processing of the complaint.

6.6 If the contact details provided by the complainant change during the complaint consideration process, he or she is obliged to notify the Seller thereof.

6.7 The person filing the complaint may attach evidence (e.g. photos, documents or the Product) related to the subject of the complaint. The Seller may also ask the person filing the complaint to provide additional information or send evidence (e.g. photos), if this will facilitate and speed up the processing of the complaint by the Seller.

6.8 The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.

6.9 The customer is obliged to report any non-conformity of the goods with the contract, i.e. quantity, weight, type of product and visible defects of the product, such as dents, scratches, missing stone, damaged clasp, within a period not longer than 14 calendar days from the date of receipt.

7. OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: [email protected] or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among others, to provide assistance to consumers in matters relating to out-of-court resolution of consumer disputes.

7.3. The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims: (1) an application for the resolution of a dispute to a permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court resolution of a dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers). Advice is provided, among others, by e-mail at [email protected] and by calling the consumer hotline at 801 440 220 (hotline open on Business Days, from 8:00 to 18:00, connection fee according to the operator's tariff).

7.4. Important - The possibility of submitting complaints via the ODR platform expires on 20 March 2025, and the platform itself will be liquidated on 20 July 2025. A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales contract or service contract (more information on the platform's website or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL FROM THE CONTRACT

8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring any costs, except for the costs specified in point 8.7 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiry. A statement of withdrawal from the contract may be submitted, for example:

in writing to the following address: ul. Michała Motoszko 26, 15-111 Białystok;
in electronic form via e-mail to the following address: [email protected] .

8.2. The return of the Product - movable items (including movable items with digital elements) as part of the withdrawal from the contract may take place to the following address: ul. Michała Motoszko 26, 15-111 Białystok.

8.3. An example of a withdrawal form template is included in Annex 2 to the Consumer Rights Act and is additionally available in point 13 of the Regulations. The consumer may use the template form, but it is not obligatory.

8.4. The period for withdrawal from the contract begins:

for a contract under which the Seller delivers a Product and is obliged to transfer its ownership – from the moment the consumer or a third party indicated by him other than the carrier takes possession of the Product, and in the case of a contract which: (1) covers many Products that are delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period of time – from the moment the first Product is taken into possession;
for other contracts – from the date of conclusion of the contract.

8.5. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.

8.6. Products - movable items, including movable items with digital elements:

8.6.1. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product - movable item, including movable item with digital elements (with the exception of additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller returns the payment using the same payment method that the consumer used, unless the consumer has expressly agreed to another method of return that does not involve any costs for him. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer himself, he may withhold the return of payments received from the consumer until the Product is received back or the consumer provides proof of its return, depending on which event occurs first.

8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry.

8.6.3. The Consumer is liable for any reduction in the value of the Product - a movable item (including a movable item with digital elements) - resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.7. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:

8.7.1 In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.

8.7.2 In the case of Products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the Product.

8.7.3 In the case of a Product - a service, the performance of which - at the express request of the consumer - began before the expiry of the period for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the time of withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the 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 service provided.

8.8. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:

8.8.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has provided the service, the consumer will lose the right to withdraw from the contract, and has acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract expires; (3) in which the subject of the provision is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or intended to meet their individual needs; (4) in which the subject of the provision is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) where the subject of the provision is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery; (6) where the subject of the provision is Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) where the subject of the provision is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) where the consumer expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the provision are audio or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded at a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the provision of digital content not delivered on a tangible medium,for which the consumer is obliged to pay the price, if the Seller commenced the performance with the express and prior consent of the consumer, who was informed before the commencement of the performance that after the Seller has fulfilled the performance, the consumer will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Article 15 paragraphs 1 and 2 or Article 21 paragraph 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price, in the case of which the consumer has expressly requested the Seller to come to him for the purpose of repair, and the service has already been fully performed with the express and prior consent of the consumer.

8.9. The provisions contained in this point 8 of the Regulations concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to his/her business activity, when it results from the content of this contract that it does not have a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9. PROVISIONS RELATING TO ENTREPRENEURS

9.1. This point 9 of the Regulations and all provisions contained therein are addressed to and thus bind only the Customer or Service Recipient who is not a consumer, and from 1 January 2021 and for agreements concluded from that day who is not also a natural person concluding an agreement directly related to his/her business activity, when it results from the content of this agreement that it does not have a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.

9.3. The Seller has the right to limit the available payment methods , including requiring advance payment in whole or in part , regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement .

9.4. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by sending an appropriate declaration to the Service Recipient .

9.5. The liability of the Service Provider/Seller in relation to the Service Recipient/Customer , regardless of its legal basis , is limited – both within the framework of a single claim, as well as for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement , but not more than one thousand zlotys . The amount limitation referred to in the previous sentence applies to all claims directed by the Service Recipient / Customer in relation to the Service Provider/ Seller , including in the event of failure to conclude the Sales Agreement or unrelated to the Sales Agreement . The Service Provider /Seller shall be liable in relation to the Services of the recipient/Customer only for typical damage foreseeable at the time of conclusion of the contract and shall not be liable for lost profits . The Seller shall also not be liable for delays in the transport of the shipment.

9.6. All disputes arising between the Seller/Service Provider and the Customer / Service Recipient shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.

9.7. The Seller's liability under the warranty for the Product or for the lack of conformity of the Product with the Sales Agreement is excluded.

9.8. The Seller will respond to the complaint within 30 calendar days from the date of its receipt .

9.9. The Customer has no right to withdraw from the Sales Agreement. This point enters into force on 1 February 2023.

10. PRODUCT REVIEWS

10.1. The Seller does not enable its Customers to issue or access opinions about the Products or the Online Store .

11. ILLEGAL CONTENT AND OTHER CONTENT NOT IN COMPLIANCE WITH THE RULES

11.1. This section of the Regulations contains provisions resulting from the Digital Services Act in the scope concerning the Online Store and the Service Provider. The Service Recipient is not obliged to provide content when using the Online Store, unless the Regulations require the provision of specific data (e.g. data for placing an Order). The Service Recipient may have the possibility to add an opinion or comment in the Online Store using the tools provided for this purpose by the Service Provider. In each case of providing content by the Service Recipient, he is obliged to comply with the principles contained in the Regulations.

11.2. CONTACT POINT - The Service Provider designates the e-mail address [email protected] as a single point of contact. The contact point enables direct communication between the Service Provider and the authorities of the Member States, the European Commission and the Digital Services Council and at the same time enables service recipients (including Service Recipients) to communicate directly, quickly and friendly with the Service Provider by electronic means, for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English for the purposes of communication with its contact point.

11.3. Procedure for reporting Illegal Content and action pursuant to Article 16 of the Digital Services Act:

11.3.1. Any person or entity may report to the Service Provider the presence of specific information that a given person or entity considers to be Illegal Content by sending an e-mail to [email protected].

11.3.2. The report must be sufficiently precise and sufficiently substantiated. For this purpose, the Service Provider shall enable and facilitate the submission of reports to the above email address containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the information reported constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s) and, where applicable, additional information enabling the identification of the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except for the report concerning information deemed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.

11.3.3. The notification referred to above shall be deemed to constitute actual knowledge or information for the purposes of Article 6 of the Digital Services Act in relation to the information to which it relates if it enables the Service Provider acting with due diligence to determine – without a detailed legal analysis – the illegal nature of the activity or information in question.

11.3.4. If the report contains electronic contact details of the person or entity that made the report, the Service Provider shall, without undue delay, send such person or entity a confirmation of receipt of the report. The Service Provider shall also, without undue delay, notify such person or entity of its decision with respect to the information to which the report relates, providing information on the possibility of appealing the decision.

11.3.5. The Service Provider shall review all reports it receives under the mechanism referred to above and shall make decisions with respect to the information to which the reports relate in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for such review or decision-making, it shall include information on this in the notification referred to in the previous paragraph.

11.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, in relation to information provided by Service Recipients:

11.4.1. The following rules apply to the Service Recipient in the event of providing any content within the Online Store:

11.4.1.1. the obligation to use the Online Store, including posting content (e.g. as part of opinions or comments), in accordance with its intended purpose, these Regulations and in a manner consistent with the law and good practices, taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider and third parties;

11.4.1.2. obligation to enter content that is consistent with the facts and in a manner that is not misleading;

11.4.1.3. prohibition of providing content of an illegal nature, including the prohibition of providing Illegal Content;

11.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Store;

11.4.1.5. prohibition of providing content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;

11.4.1.6. the obligation to have – if necessary – all required rights and permits to provide such content on the Online Store website, in particular copyrights or required licenses, permits and consents for their use, distribution, making available or publication, in particular the right to publish and distribute in the Online Store and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.

11.4.1.7. the obligation to use the Online Store in a way that does not pose a threat to the security of the Service Provider's, the Online Store's or third parties' IT system. 11.4.2.

The Service Provider reserves the right to moderate the content provided by Service Recipients to the Online Store website. Moderation is carried out in good faith and with due diligence and on the Service Provider's own initiative or upon receipt of a report in order to detect, identify and remove Illegal Content or other content that does not comply with the Regulations or to prevent access to it or to take the necessary measures to meet the requirements of European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Regulations.

11.4.3. The moderation process may be carried out manually by a human or based on automated or partially automated tools that help the Service Provider identify Illegal Content or other content that does not comply with the Regulations. After identifying such content, the Service Provider shall decide whether to remove or prevent access to the content or otherwise limit its visibility or take other actions it deems necessary (e.g. contact the Service Recipient to clarify any objections and change the content). The Service Provider will clearly and easily understandably inform the Service Recipient who provided the content (if they have their contact details) about their decision, the reasons for it and the available options for appealing against this decision.

11.4.4. In exercising their rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.

11.5. Any comments, complaints, claims, appeals or reservations regarding decisions or other actions or lack of action taken by the Service Provider based on the received notification or decision of the Service Provider taken in accordance with the provisions of these Regulations may be submitted in a manner analogous to the complaints procedure indicated in point 6 of the Regulations. Using this procedure is free of charge and allows for submitting complaints electronically to the provided e-mail address. Using the procedure for reporting and considering complaints is without prejudice to the right of a given person or entity to initiate proceedings before a court and does not violate their other rights.

11.6. The Service Provider shall consider any comments, complaints, claims, appeals or reservations regarding decisions or other actions or lack of action taken by the Service Provider based on the received notification or decision taken in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other report contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the report is unjustified or that the information to which the complaint relates is not illegal and inconsistent with the Regulations, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, rescind or amend its decision regarding the possible removal or disabling of access to the content or otherwise limiting its visibility or take other actions it deems necessary.

11.7. Service Recipients, persons or entities who have reported Illegal Content, to whom the Service Provider's decisions regarding Illegal Content or content inconsistent with the Regulations are addressed, have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of a Member State to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved within the Service Provider's internal complaint handling system.

12. FINAL PROVISIONS

12.1. Agreements concluded via the Online Store are concluded in Polish.

12.2. Changes to the Regulations:

12.2.1 The Service Provider reserves the right to make changes to the Regulations for important reasons , i.e.: changes in legal regulations; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations

12.2.2 In the event of concluding continuous contracts based on these Regulations ( e.g. provision of Electronic Services - Account ) , the amended Regulations shall bind the Service Recipient if the requirements specified in Articles 384 and 384 [1] of the Civil Code have been met , i.e. the Service Recipient has been duly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification . In the event that a change to the Regulations results in the introduction of any new fees or an increase in the current ones, the Service Recipient who is a consumer has the right to withdraw from the contract.

12.2.3 In the event of concluding agreements of a nature other than continuous agreements (e.g. Sales Agreement) based on these Regulations, changes to the Regulations shall not in any way violate the rights acquired by Service Recipients /Customers who were consumers before the date of entry into force of changes to the Regulations , in particular changes to the Regulations shall not affect Orders already placed or submitted or Sales Agreements concluded , implemented or performed .

12.3 In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply , in particular : the Civil Code ; the Act on the provision of services by electronic means of 18 July 2002 ( Journal of Laws of 2002 , No. 144 , item 1204 , as amended ) ; the Consumer Rights Act ; and other relevant provisions of generally applicable law .

13. SAMPLE WITHDRAWAL FORM
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)

You can also download a ready-made complaint form by clicking here.

Sample withdrawal form (this form should be completed and sent back only if you wish to withdraw from the contract)

– Addressee:

Gese A. Karetko, G. Markowski Limited partnership
ul. Michała Motoszko 26, 15-111 Białystok
gese.pl
[email protected]

– I/We(*) hereby inform about my/our withdrawal from the contract of sale of the following items(*) the contract for the delivery of the following items(*) the contract for a specific work consisting in the performance of the following items(*)/the provision of the following service(*)

– Date of conclusion of the contract(*)/receipt(*)

– Name and surname of the consumer(s)

– Address of consumer(s)

– Signature of the consumer(s) (only if the form is submitted in paper format)

– Data

(*) Delete where not applicable.