G’POWER ONLINE SHOP TERMS AND CONDITIONS
Article 1. General conditions
- These Terms and Conditions of GPOWER.pl online shop (hereinafter referred to as „the Regulation”) define the rules to be applied when purchasing products in an online shop via website available at gpower.pl (hereinafter referred to as „GPOWER”) and performing services in an electronic form connected with managing an account which is mentioned in Article 2 Paragraph 5.
- The Seller means the company of G’POWER Sp. z o. o. with its registered office in Gorzów Wlkp. (66-400), ul. Harcerska 3, entered into the National Court Register – the Entrepreneurs Register by the District Court of Zielona Góra, VIII Economic Division with the KRS number 0000679863, identified by the TAX ID NIP: 599-320-38-79, e-mail address: [email protected], tel.+48 883 44 22 44, which produces canoe paddles.
- To the use of GPOWER what is necessary is a device with Internet access, a web browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in the current release. To use some of GPOWER online shop functionalities, including registration and placing of orders for Products, it is essential to have an active electronic mail address (e-mail).
Article 2. Clients and registration
- The clients of GPOWER (hereinafter referred to as „the Clients”) can include people who are over 16 and have the capacity to perform legal acts for effective purchasing of products.
- In order to facilitate the use of GPOWER the Client can register (create an account) by filling in an electronic form available at GPOWER, giving their e-mail address and password, name, surname, sex, address and mobile phone number. Creating and using the account is free of charge. To purchase products it is not required to create an account by the Client.
- After the registration has been successfully completed, the Client receives the access to the created account, which can be used within GPOWER after entering the e-mail address and password given during the registration process (log in).
- The Agreement on providing services by electronic means for managing the account is drawn up by the Client and the Seller at the time of receiving the access to the new account by the Client.
- The account includes the Client’s data entered in the registration form and the purchase history within GPOWER. In the event of any changes of the data included in the account, the Client is obliged to update it promptly using a proper form available at the website of GPOWER. The Client shall be liable for entering deficient, outdated or false data or the lack of necessary data updates.
- The Client is not entitled to share the access to the account with other people or reveal the access password. The Client is obliged to keep the access password in secret and safeguard it from disclosure. The Client is obliged to notify GPOWER promptly in the event of access data being taken over by third parties and shall explain the circumstances of its acqusition.
- The Clients who do not have a registered account shall be obliged to enter the delivery address, i.e. the receiver’s name, surname and address (in order to create a sale agreement) and e-mail address and mobile phone number (in order to contact the Client on the subject of delivery).
- In the case when within the use of GPOWER it is allowed to enter third parties’ data (e.g. for the purpose of recommendation) the Client shall enter the data only when the use of such data is permitted by law (e.g. the Client obtained the consent to use the data within GPOWER from the owner) and in the event of unauthorised disclosure of the data the Client shall incur all the liabilities that may arise in connection with the data transfer.
- In the event the Client violates the Regulation, provisions of law or standards of public decency, the Seller may suspend or terminate the agreement with the Client within a specified Account. In particular it refers to the case when the Client downloads or overuses materials available within GPOWER to any extent without the Seller’s consent.
- It is strictly forbidden to aggregate or process data and other information available at GPOWER for the purpose of sharing it with third parties within other internet websites or offline. It is also forbidden to use any indications of GPOWER, including characteristic graphic elements, without the consent of the Seller or any other entity entitled to give such a consent.
- The account is managed for the Client for an unlimited period of time. At any time the Client has a right to require the cessation of managing the account by a declaration submitted to the Seller using an appropriate electronic form available at GPOWER. The Client has also a right to require the cessation of managing the account in another way, as long as the Client’s identity as the account owner can be successfully verified. Notwithstanding the foregoing, the Client who has completed the registration but has not purchased any products or used any services performed by the Seller by electronic means within GPOWER, has the right to withdraw from the agreement without announcing the reasons within 14 days from registration.
Article 3. Purchase
- GPOWER publishes the information about products (hereinafter referred to as „the Products”) and purchase and delivery conditions. For the avoidance of doubt, the information does not constitute or form part of an offer, but is an invitation to submit offers with the contents mentioned in the information about the Product. Selecting the Products and confirming the intention to buy them constitutes an offer to conclude a purchase agreement for given Products (hereinafter referred to as „the Order”).
- The Client selects the Products by adding the chosen Products to the (virtual) cart. Putting the Products to the cart does not mean they are reserved. In the case the Products run out before confirming the Order by the Client, the Seller reserves the right to reject the Order.
- After selecting the Products, but before choosing the method of payment, the Client is obliged to personalise the order and enter full and correct delivery address and phone number, which should not be changed until the Products are delivered. The change of the delivery address is possible only exceptionally upon prior agreements with the Seller and before the Products are given to the courier for delivery.
- After placing the Order by the Client and choosing the method of payment, the Client receives the Order confirmation by electronic mail from the Seller. After the Order has been accepted by the Seller, the Client receives an appropriate message. On receipt of the message by the Client the sale agreement is concluded between the Seller and the Client. In the event only a part of the Order has been confirmed the agreement that is concluded shall refer only to the confirmed Products.
- In the case the Seller cannot provide the service either fully or partly due to the fact the Product is not available or when owing to unexpected circumstances the Product has not been delivered to the Seller or has been damaged or lost, the Seller shall promptly notify the Client and pay the refund to the Client or offer a substitute of the same value as the paid amount – according to the choice and consent of the Client.
- The Client acknowledges and accepts that canoe paddles offered by GPOWER are realized to an individual order of the Client, according to the personalised specification, which is determined while placing an order.
Article 4. Payment
- Payments shall be made by the Client into a given bank account or with electronic payment methods shared by the specialised payment institution with which the Seller has concluded an agreement for convenience purpose. The Seller also accepts the payment on delivery. Such payment is possible only in the case of delivery in Poland.
- When choosing the payment by payment cards with online payment function or bank transfers the Client shall be redirected to the website which enables elecronic payments e.g. bank login page or Card Authorisation Centre. In the event the payment for the Product is not made within 7 days from the Order date, the Order placed by the Client is cancelled and the lack of payment is treated as a withdrawal from the purchase agreement.
- The price of the Product given in the description of the Product includes taxes and all the charges required by applicable law provisions. The price does not include the shipping or delivery cost which is determined separately.
- The purchase of the Product is documented by a receipt or a VAT invoice. The Client agrees to receive an electronic image of the payment documents ( in particular VAT invoices with attachments, including correction invoices) by electronic means to an e-mail address given during the Registration process.
Article 5. Products Delivery
- The performance under the agreement shall be provided by the Seller in the place where the Product is collected (and in the case of doubts it is the place where the Products should be collected according to the Client).
- The Seller shall notify the Clients of delivery cost within GPOWER and in the summary of the Order, before it has been placed by the Client.
- The time of delivery of the ordered Products shall be specified in the summary of the Order. The given delivery time includes working days. In the event the Client has purchased more Products within one Order and the Products have different delivery time, they shall be delivered altogether after completion of the entire Order, i.e. within the longest period of time given for the purchased Products.
- The Products shipping is organised only within the territory of the Republic of Poland and to the countries, which the Seller has listed and given a separate delivery cost. By means of separate agreement with the Client, if the Seller has such a possibility, the Products may be sent to the countries not listed by GPOWER.
- The Products delivery is provided by specialised courier companies. The Seller shall notify the Client of any delivery details, in particular the information regarding the courier company delivering the Products along with a package tracking link sent to an electronic mail.
- The Client is obliged to check the Product or if it is difficult to check the parcel itself (packaging) upon delivery. In case of any damage or destruction which might be a result of the transport the Client should make an appropriate damage protocol and notify the Seller promptly.
- The Seller shall not be liable for failure to deliver the Products for reasons directly attributable to the Client – e.g. due to incorrect or incomplete address which makes it impossible to deliver the Product. In such a case the Seller shall notify the Client of unsuccessful attempt of Product delivery.
Article 6. Personal Data Protection
- The Seller is the controller of the personal data of the Clients and third parties specified by the Clients.
- Personal data is processed by the Seller in accordance with legal provisions and exclusively for purposes related to the business activities of the Seller within GPOWER, including conclusion and performance of purchase agreements (managing Products sale transactions, communication with the Clients and complaint handling) and transaction archiving.
- Personal data is processed on the basis of: a) accepting the Regulation by the Client (in the process of making an account or placing the Order), b) necessity of performing the agreement for the Client, or c) a legitimate interest of the controller (e.g. defense against claims or in the case of third parties data specified by the Client – determining the delivery address of a different person).
- Providing the Seller with personal data is voluntary, where the lack of particular personal data might result in difficulties with or even the lack of possibility to conclude the sale agreement, fulfill it successfully or ensure appropriate after-sale service.
- The recipients of personal data include individuals acting on behalf of G’POWER Sp. z o.o., responsible for processing and realising orders placed by the Clients, and after-sale service (e.g. complaint handling) and entities providing services for the Seller which are related to order realisation (e.g. postal services, courier companies). The recipients might also include entities entitled to receive data under provisions of applicable law, including competent judicial authorities.
- Personal data might be transferred to third countries (outside European Union) due to the Products delivery ordered by the Seller.
- Personal data is stored for the time period that is essential for the order realisation or account managing for the Client within GPOWER. After the time the data can be processed on the basis of: legal duties of the Seller (e.g. storing accounting documents), or legitimate interest (defense against possible claims).
- The Seller guarantees the exercise of any rights resulting from legal provisions to the owners of the personal data processed by the Seller, including the right to access their personal data, data rectification, change, cancellation or transfer, and also right to require the cessation of processing personal data and the right to raise objections against the processing of personal data in accordance with appropriate regulations. Moreover, in case of voluntary consent to process personal data, every owner of the processed personal data has the right to withdraw the previously given consent. Every owner of the personal data which is processed has the right to lodge a complaint to the President of the Personal Data Protection Office.
- Personal data regarding the Clients and other people, whose data has been submitted by the Client is protected by the Seller againts its unathorised disclosure to third parties and any other forms of reveal, loss or unathorised modification by the use of appropriate technical and organisational security.
Article 7. Complaint Procedure
- The Client has the right to submit a complaint against the Seller, in particular in the case the Product does not comply with the agreement, the Product is faulty or the Seller’s actions are improper or incompatible with the Regulation provisions.
- The complaint may be submitted by electronic means through the contact form available at GPOWER, by electronic mail or in writing to the address of the Seller.
- The complaint shall include: name, surname, contact data (submitted at GPOWER), relevant transaction description or description of relevant circumstances justifying the complaint and specific request of the Client regarding the submitted complaint. In the case the complaint refers to the Product itself, while submitting the complaint the Client is obliged to submit the given Product and purchase confirmation.
- In the case data or information given in the complaint require to be completed, before handling the complaint the Seller asks the Client who has submitted the complaint to complete it to a given extent.
- The Seller shall process the complaint within 14 days of its receipt. The Client shall receive information regarding the type of complaint handling in the form which complies with the request of the Client (e.g. by electronic mail given in the process of registration or in writing). In the case the Seller rejects the complaint, the Client shall be notified of the reasons of such a decision.
- In the event repair or replacement of the Product is possible, the Seller shall notify the Client and give any information regarding the subsequent course of proceedings. In the case which justifies granting a refund, the amount for the Product purchased by the Client shall be returned within 14 days of the receipt of the Product by the Seller.
- The Seller shall not accept any packages returned COD (cash on delivery).
- The refund of the amount paid by the Client is processed in the same payment method the Client has previously chosen.
- The Client, being the consumer, may take advantage of non-judicial complaint and claim procedures.
The Client may:
- refer the matter to the permanent consumer arbitration court operating with the Commercial Inspection with a request to resolve the dispute;
- request the voivodship commercial inspector for the conduct of a mediation procedure aimed at an amicable settlement of the dispute;
- take advantage of free assistance regarding non-judicial dispute resolution and claim procedures of the regional and municipal consumer ombudsmen and social organisations whose statutory areas of responsibilities include consumer protection;
- take advantage of the European online ODR platform (Online Dispute Resolution) available on http://ec.europa.eu/consumers/odr/.
The Client purchasing the Product in the purpose directly connected with professional or business activities of the Client (the Client not being a consumer) has a right to submit a complaint in accordance with legal provisions, where the liability of the Seller under the statutory warranty for physical defects of the Products is limited to the right of the Client to demand to remove the defects or replace the Product. The Seller – at its own discretion – shall remove the defect promptly or replace the faulty Product with the Product free of defects. The Seller can also withdraw from the agreement making a refund for the Product with a physical defect. In otherwise circumstances the liability of the Seller under the statutory warranty for Product defects towards the Client is excluded.
Article 8. Agreement Withdrawal
- Under the Act of May 30, 2014 about consumer rights (Journal of Laws of 2014, Item 827 with subsequent amendments), the Client, being a consumer, who has concluded a distant agreement, has a right to withdraw from the agreement within fourteen (14) days of the receipt of the Product without announcing any reasons, by submitting a statement of agreement withdrawal to the Seller. The Seller shall extend the period of time for withdrawal from a distant agreement without announcing any reasons to thirty (30) days of the receipt of the Product.
- The Client may withdraw from the agreement through a contact form available at GPOWER or in writing (agreement withdrawal template constitutes the attachment to the Regulation). In the case when within one Order the Client has purchased more than one Product, the agreement withdrawal shall refer to all or some Products chosen by the Client, provided that in the case the Product is sold as a complete set or package, the withdrawal shall refer to the complete set or package in question.
- In case of sale agreement withdrawal, the agreement is considered not to be concluded with regard to the Product (a complete set or package), from which purchase the Client has withdrawn. The return shall be made immediately, no later than within 14 days of the date of the agreement withdrawal. The Client shall bear all the costs for the return of the Product to the Seller. In case of effective sale agreement withdrawal, the Seller shall return the payment made by the Client for the Product using the same payment method as the Client. In the event the Client has taken advantage of a discount, the returned payment shall be reduced by the amount of the discount, which can be still used by the Client under the discount-specified conditions.
- In case of exceeding time limits of agreement withdrawal referred to in this Article the Seller shall send the returned Product back to the Client at the Client’s expense. Noncompliance by the Client with the agreement withdrawal procedure mentioned above might result in a significant delay of agreement withdrawal procedure and the order to return the payment due to the Client.
- The right of agreement withdrawal is not provided for in the cases referred to in Article 38 of Act of May 30, 2014 about consumer rights (Journal of Laws of 2014, Item 827 with subsequent amendments), in particular when the subject in question includes a Product created according to the Client’s specification or addressing the Client’s individual needs (e.g. personalised Products according to individual conditions of the Client).
Article 9. Final provisions
- In case of any changes to this Regulation, GPOWER shall notify the Clients within the website of GPOWER and by sending a notice of the Regulation change to the registered Clients to the e-mail address attributed to their account (along with the updated Regulation attached in PDF format). The updated version of the Regulation shall enter into force on the date specified in its change, but no earlier than within 7 days of the date of its announcement, provided that technical and informational changes or changes which do not result in the Clients’ standing deterioration might take place at shorter notice. For the Clients who have placed Orders before the new Regulation has entered into force, the previously binding Regulation shall apply. The changed Regulation is binding for a registered Client, who does not withdraw from an account agreement within GPOWER (does not resign from the Account in accordance with the provisions mentioned in Article 2 Paragraph 12 of this Regulation) before the date of the new Regulation has entered into force.
- For statistical purposes and to ensure the highest quality of services GPOWER uses the information stored by a server on the terminal equipment of the Client, which is then read at each connection of the browser (cookie files). The purpose is to facilitate browsing the page with the next visit to the service. The User decides which cookies are stored and how it is made by setting the browser (commonly used ones: Mozilla Firefox, Internet Explorer, Google Chrome, Opera, Safari, Microsoft Edge). The default settings of web browsers allow the storage of cookie files.
- It is forbidden for the Clients to use any graphic elements (including the logo of GPOWER), the layout and design of GPOWER websites, and any other intellectual property rights without a clear written consent of the Seller.
- Nothing in this Regulation shall affect any rights of the Client under the Act of May 30, 2014 about consumer rights (Journal of Laws of 2014, Item 827 with subsequent amendments) or any applicable law provisions. Nothing in this Regulation may be interpreted as being intended to exclude or reduce liability which exclusion or reduction is not forbidden under applicable law.
- The Polish law shall be applicable to sale agreements between the Client and the Seller under the conditions specified in the Regulation.
- Any disputes between the Client not being a consumer and the Seller resulting from applying this Regulation shall be settled by the competent common court in Gorzów Wlkp.