GRANIS.EU ONLINE STORE TERMS AND CONDITIONS
These Online Store Regulations have been prepared by the lawyers of the Prokonsumencki.pl website. The www.granis.eu Online Store cares about consumer rights. The consumer may not waive the rights granted to him in the Act on Consumer Rights. Provisions of contracts less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and the provisions of the Act on Consumer Rights shall apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions and they should be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at the Internet address www.granis.eu is run by Michał Goik running a business under the name GM-PRO Michał Goik entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having: the address of the place of activity and delivery address: ul. Widokowa 25, 42-612 Tarnowskie Góry, NIP 6452409587, REGON 522355414, e-mail address: contact@granis.eu, telephone number: 48 501 123 064.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for purposes, for a period and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains primarily the rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of personal data processing 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.
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows you to place 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.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. POLISH CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider’s ICT system, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.4.8. NOTIFICATION OF AVAILABILITY – An Electronic Service through which the Service Recipient can provide himself with information about the re-availability of the Product.
1.4.9. PRODUCT – a movable item available in the Online Store, which is the subject of the Sales Agreement between the Customer and the Seller.
1.4.10. REGULATIONS – these regulations of the Online Store.
1.4.11. RESERVATION – An Electronic Service by means of which the Service Recipient can make a reservation by providing his e-mail address, shipping data, thus allowing himself priority to conclude the Sales Agreement for the reserved Product during the Reservation period.
1.4.12. ONLINE STORE – the Service Provider’s online store available at the Internet address: www.granis.eu
1.4.13. SELLER; SERVICE PROVIDER – Michał Goik conducting business activity under the name GM-PRO Michał Goik entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having: address of the place of business and delivery address: ul. Widokowa 25, 42-612 Tarnowskie Góry, NIP 6452409587, REGON 522355414, e-mail address: contact@granis.eu, telephone number: 48 501 123 064.
1.4.14. SALES AGREEMENT – a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
1.4.15. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.16. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity – using or intending to use the Electronic Service.
1.4.17. ACT ON CONSUMER RIGHTS – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
1.4.18. WISHLIST/FAVORITE – An Electronic Service by means of which the Service Recipient can save his favorite Products for later, which he will want to buy in the future.
1.4.19. ORDER – Customer’s declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form, Newsletter, Wishlist/Favourites, Reservation and Availability Notification.
2.1.1. Account – the use of the Account is possible after completing a total of two subsequent steps by the Service Recipient – (1) completing the Registration Form, (2) clicking the “Register” field. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: e-mail address.
2.1.1.1. 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 (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: contact@granis.eu.
2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes a total of two subsequent steps – (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form, the “Buy and pay” field – until then, it is possible to modify the data entered (in the for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, zip code, city, country), e-mail address, contact phone number and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), payment method. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.2.1. The Order Form Electronic Service is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
2.1.3. Newsletter – the use of the Newsletter takes place after providing the e-mail address in the “Newsletter” tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent and clicking the action field.
2.1.3.1. The Newsletter Electronic 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 (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: contact@granis.eu.
2.1.3.2. Wishlist/Favorites – with the help of this Electronic Service, the Service Recipient can save his favorite Products for later, which he will want to buy in the future. The use of Wishlists/Favorites requires an active Account.
2.1.3.3. The Wishlist/Favourites Electronic 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 stop using the Wishlist/Favorites by removing the Product from the list in their Account.
2.1.3.4. Reservation – using the Reservation Electronic Service, the Service Recipient may make a reservation by providing his or her e-mail address, shipping data, thus allowing himself priority to conclude the Sales Agreement for the reserved Product during the Reservation period. The reservation is active for the time specified on the Store’s website when booking the Product.
2.1.3.5. The Electronic Reservation Service is provided free of charge for the time when a given reservation is active, i.e. for the time specified on the Store’s website when reserving the Product. The Electronic Reservation Service is terminated when the Service Recipient concludes a Sales Agreement for the Product covered by it at the time when the Reservation is active or at the end of the Reservation’s active time. The Service Recipient also has the option, at any time and without giving any reason, to cancel the Reservation by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: contact@granis.eu.
2.1.3.6. Notification of Availability – with the help of this Electronic Service, the Service Recipient may provide himself with information about the Product’s re-availability. Using the Availability Notification is possible when a given Product in the store is unavailable and it is not possible to place an order for this Product and consists in providing the e-mail address by the Service Recipient in the notification field and clicking on the action field. When the Product is back in stock, the Customer will be informed by e-mail about its availability.
2.1.3.7. The Availability Notification Electronic Service is provided free of charge and is of a one-time nature and ends when the Customer sends a notification via it or by sending the Customer to the Service Provider a request to remove it from the list of recipients of a given notification, in particular via e-mail to the following address: contact@ granis.eu.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling the option of saving Cookies and Javascript in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, 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 facts. The service recipient is prohibited from providing illegal content.
2.4. The complaint procedure regarding Electronic Services is indicated in point 6. Regulations.
3. CONDITIONS OF CONCLUDING THE SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed 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 shown on the Online Store website is given in Polish zlotys, euros, Swedish crowns and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and when the amount of these charges cannot be determined – about the obligation to pay them, the Customer is informed on the Online Store website when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the appropriate e-mail to the Customer by the Seller to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s statement on receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) providing these Regulations on the Online Store website and (2) sending the Customer the 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:
4.1.1. Electronic payments and card payments via Paynow.pl, Paypal.com and Klarna.com – possible current payment methods are specified on the Online Store website in the information tab on payment methods and on the website https://www.paynow.pl /#payment_methods, https://www.klarna.com/pay-now, https://www.paypal.com/pl.
4.1.1.1. Settlements of transactions with electronic payments and payment cards are carried out in accordance with the Customer’s choice via Paynow.pl, Paypal.com and Klarna.com. Electronic payments and payment card services are provided by:
4.1.1.1.1. Paynow.pl – company MBANK SPÓŁKA AKCYJNA (company mBank SA with its registered office in Warsaw, ul. Senatorska 18, 00-950 Warsaw, share capital PLN 168,840,628.00 (paid in full), registered in the Register of Entrepreneurs of the National Court Register kept by District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS number: 0000025237, NIP: 5260215088, REGON: 001254524).
4.1.1.1.2. Paypal.com – PayPal (Europe) Sarl & Cie, SCA, 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.
4.1.1.1.3. Klarna.com – Klarna Bank AB (Klarna Bank AB (publ), with its registered office at Sveavägen 46, 111 34 Stockholm, registered in the Swedish Companies Register under the number 556737-0431).
4.1.2. In order to offer you the Klarna payment method, we may provide your personal information in the form of contact details and order details to Klarna during the purchase process for Klarna to assess your eligibility for the Klarna payment method and to tailor these methods to you. Your submitted personal data is processed in accordance with Klarna’s privacy policy.
4.2. Payment deadline:
4.2.1. If the Customer chooses electronic payments or payment by credit card, the Customer is obliged to make the payment immediately after the conclusion of the Sales Agreement.
4.2.1.1. In the absence of payment within the payment deadline indicated above, the Seller calls the Customer to pay, setting him a deadline of 2 hours to pay for the Order. Failure to pay for the Order, despite a request within the time limit indicated by the Seller, entitles the Seller to withdraw from the concluded Sales Agreement and cancel the Order.
5. COST, METHODS AND DATE OF PRODUCT DELIVERY
5.1. Product delivery is available on the territory of the Republic of Poland, Austria, Belgium, the Czech Republic, France, the Netherlands, Lithuania, Latvia, Luxembourg, Slovakia, Sweden, Hungary, Germany (excluding Büsingen am Hochrhein postal code 78262)
5.2 . Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store’s website in the information tab on delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with the following methods of delivery of the Product:
5.3.1. Courier delivery.
5.4. The delivery time of the Product to the Customer is from 10 to 21 Business Days, unless a different date is specified in the description of the Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, may not exceed 25 Business Days. The beginning of the period of delivery of the Product to the Customer is calculated as follows:
5.4.1. If the Customer chooses the method of electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
5.4.2. If the Customer chooses the method of payment in cash on delivery – from the date of conclusion of the Sales Agreement.
6. PROCEDURE FOR HANDLING COMPLAINTS
6.1. This point 6 of the Regulations defines 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 defined by generally applicable laws, in particular the Civil Code, the Act on Consumer Rights and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). .
6.2.1. Detailed provisions regarding the complaint of the Product – a movable item – purchased by the Customer under the Sales Agreement concluded with the Seller until December 31, 2022 are set out in the provisions of the Civil Code in the wording in force 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 Product sold has a physical or legal defect (warranty). The Seller is obliged to deliver the Product to the Customer without defects. According to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product purchased in accordance with the previous sentence to the Customer who is not a consumer is excluded.
6.2.2. Detailed provisions regarding the complaint of the Product – a movable item (including a movable item with digital elements), but excluding a movable item that serves only as a carrier of digital content – purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023. are defined by the provisions of the Act on Consumer Rights in the wording applicable from January 1, 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.
6.2.3. Detailed provisions regarding the complaint of a Product – digital content or service or a movable item that serves only as a carrier of digital content – purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023 or before that date, if the delivery of such a Product was take place or took place after that date are defined by the provisions of the Act on Consumer Rights in the wording applicable from January 1, 2023, in particular art. 43h – 43q 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 submitted, for example:
6.3.1. in writing to the following address: GRANIS | st. Widokowa 25, 42-612 Tarnowskie Góry;
6.3.2. in electronic form via e-mail to the following address: contact@granis.eu.
6.4. The Product may be sent or returned under the complaint to the following address: GRANIS | st. Widokowa 25, 42-612 Tarnowskie Góry.
6.5. It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities or non-compliance with the contract; (2) demand a way to bring the contract into compliance or a statement on price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant – this will facilitate and speed up the consideration of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.6. In the event of a change in the contact details provided by the complainant during the complaint consideration, he is obliged to notify the Seller about it.
6.7. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this facilitates and accelerates the consideration 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.
7. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS AND PRINCIPLES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims as well as 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 (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is to among other things, providing assistance to consumers in matters relating to out-of-court resolution of consumer disputes.
7.3. The consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims: (1) application for dispute resolution to a permanent amicable consumer court (more information at: http://www.spsk.wiih.org.pl/ (2) an application for out-of-court dispute resolution to the voivodship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the Seller’s business activity); and (3) assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at the address advice@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on working days, from 8:00 a.m. to 6:00 p.m., connection fee according to the operator’s tariff).
7.4. At http://ec.europa.eu/consumers/odr the platform of the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services (more information on the website of the platform itself or at 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 any reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the following address: GRANIS | st. Widokowa 25, 42-612 Tarnowskie Góry;
8.1.2. in electronic form via e-mail to the following address: contact@granis.eu.
8.2. The return of the Product – movable items (including movable items with digital elements) as part of withdrawal from the contract may be made to the following address: ul. Widokowa 25, 42-612 Tarnowskie Góry.
8.3. An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights and is additionally available in point 12 of the Regulations. The consumer may use the form template, but it is not mandatory.
8.4. The deadline to withdraw from the contract begins:
8.4.1. for a contract under which the Seller issues the Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) covers many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period of time – from taking possession of the first of the Products;
8.4.2. 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 considered void.
8.6. Products – movable items, including movable items with digital elements:
8.6.1. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product – a movable item, including a movable item with digital elements (with the exception of additional costs resulting from the method of delivery chosen by the consumer other than the cheapest usual method of delivery available in the Online Store). The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which 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 proposed,
8.6.2. In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged to immediately, not 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 the person authorized by the Seller to collect unless the Seller has offered to pick up the Product himself. To meet the deadline, it is enough to send back the Product before its expiry.
8.6.3. The consumer is liable for a decrease in the value of the Product – a movable item (including a movable item with digital elements) – as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7. Products – digital content or digital services:
8.7.1. In the event of withdrawal from the contract for the delivery of the Product – digital content or digital service – the Seller, from the date of receipt of the consumer’s statement on withdrawal from the contract, may not use content other than personal data provided or generated by the consumer when using the Product – digital content or digital service – provided by the Seller, with the exception of content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate only to the consumer’s activity when using the digital content or digital service provided by the Seller; (3) they have been combined by the trader with other data and cannot be separated from them or can only be separated with disproportionate effort; (4) they were produced by the consumer jointly with other consumers who can still use them. Except for the cases referred to in points (1)-(3) above, the Seller, at the request of the consumer, provides him with content other than personal data that was provided or created by the consumer when using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user’s account, which does not affect the consumer’s rights referred to in the previous sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller,
8.7.2. In the event of withdrawal from the contract for the supply of the Product – digital content or digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.
8.8. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. 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 reimburse the consumer for the additional costs incurred by him.
8.8.2. In the case of Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product – a service whose performance – at the express request of the consumer – began before the deadline for withdrawing 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 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 benefit provided.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
8.9.1. (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 service that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and accepted it’s for your attention; (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 to withdraw from the contract; (3) in which the subject of the service is a Product – a movable item (including a movable item with digital elements) – not prefabricated, manufactured according to the consumer’s specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product – a movable item (including a movable item with digital elements) – subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product – a movable item (including a movable item with digital elements) – delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery ; (6) in which the subject of the service are 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) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products – movable items (including movable items with digital elements) – other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the contract in relation to to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the packaging has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by 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 supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract and took note of it, and the Seller provided the consumer with the confirmation referred to in Art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.10. The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 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 its business activity, when the content of the contract states that that it does not have a professional nature for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic 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 January 1, 2021 and for contracts concluded from that date who is also not a natural person concluding a contract directly related to its activity business, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic 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 take place 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’s liability under the warranty for the Product or non-compliance of the Product with the Sales Agreement is excluded.
9.4. The seller will respond to the complaint within 30 calendar days from the date of its receipt.
9.5. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending a relevant statement to the Service Recipient.
9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both as part 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 limit referred to in the previous sentence applies to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or not related to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damage foreseeable at the time of concluding the contract and is not liable for lost profits.
9.8. Any 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.
10. OPINIONS ON PRODUCTS
10.1. The Seller enables its Customers to issue and access opinions about the Products and the Online Store on the terms set out in this section of the Regulations.
10.2. It is possible to leave an opinion by the Customer after using the form that allows adding an opinion about the Product or the Online Store. This form may be made available directly on the Online Store website (including using an external widget) or it may be made available via an individual link received by the Customer after the purchase to the e-mail address provided by him. When adding an opinion, the Customer may also add a graphic assessment or a photo of the Product – if such an option is available in the opinion form.
10.3. An opinion on the Product may be issued only for the Products actually purchased in the Seller’s Online Store and by the Customer who purchased the Product under review. It is forbidden to conclude fictitious or apparent Sales Agreements in order to issue an opinion about the Product. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store.
10.4. Adding opinions by Customers may not be used for unlawful activities, in particular for activities constituting an act of unfair competition, or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties. By adding an opinion, the Customer is obliged to act in accordance with the law, these Regulations and decency.
10.5. Opinions can be made available directly on the Online Store website (e.g. on a given Product) or on an external website collecting opinions cooperating with the Seller and to which it refers on the Online Store website (including by means of an external widget placed on the Online Store website).
10.6. The Seller ensures that the published opinions about the Products come from its Customers who purchased the Product. To this end, the Seller takes the following actions to check whether the opinions come from its Customers:
10.6.1. Publishing an opinion issued using a form available directly on the Online Store website requires prior verification by the Service Provider. The verification consists in checking the compliance of the opinion with the Regulations, in particular in checking whether the reviewing person is a Customer of the Online Store – in this case, the Seller checks whether that person has made a purchase in the Online Store, and in the case of an opinion about the Product, he additionally checks whether he purchased the reviewed Product. Verification takes place without undue delay.
10.6.2. The Seller sends to its Customers (including via an external website collecting opinions with which it cooperates) an individual link to the e-mail address provided by it during the purchase – in this way, only the Customer who purchased the Product in the Online Store receives access to the opinion form.
10.6.3. In case of doubts of the Seller or reservations addressed to the Seller by other Customers or third parties, whether a given opinion comes from the Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he is actually a Customer of the Online Store or purchased the reviewed Product.
10.7. Any comments, appeals against the review of opinions, or reservations as to whether a given opinion comes from the Customer or whether a given Customer bought a given Product may be reported in a manner analogous to the complaint procedure indicated in point 6 of the Regulations.
10.8. The Seller does not post or commission any other person to post false customer reviews or recommendations, and does not distort customer reviews or recommendations in order to promote its Products. The seller provides both positive and negative reviews. The seller does not provide sponsored reviews.
11. FINAL PROVISIONS
11.1. Agreements concluded through the Online Store are concluded in Polish.
11.2. Amendment of the Regulations:
11.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, i.e.: changes in the law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.
11.2.2. In the event of concluding continuous contracts on the basis of these Regulations (e.g. the provision of Electronic Services – Account), the amended Regulations bind the Service Recipient, if the requirements set out in art. 384 and 384 [1] of the Civil Code, i.e. the Customer was properly notified of the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that a change in the Regulations results in the introduction of any new fees or an increase in the current ones, the Service Recipient has the right to withdraw from the contract.
11.2.3. In the event of concluding contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations will not in any way affect the rights acquired by Service Recipients/Customers before the date of entry into force of the amendments to the Regulations, in particular, changes to the Regulations will not affect already placed or submitted Orders and concluded, implemented or executed Sales Agreements.
11.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); Consumer Rights Act; and other relevant provisions of generally applicable law.
11.4. These Regulations do not exclude the provisions in force in the country of habitual residence of the consumer concluding the contract with the Service Provider / Seller, which cannot be excluded by contract. In this case, the Service Provider/Seller guarantees the consumer protection granted to him on the basis of provisions that cannot be excluded by agreement.
12. TEMPLATE OF WITHDRAWAL FORM
(ANNEX 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
– Addressee:
GRANIS
ul. Widokowa 25, 42-612 Tarnowskie Góry
granis.eu
contact@granis.eu
– I/We (*) hereby inform/inform (*) about my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) contract for specific work consisting in the performance of the following goods (*) / for the provision of the following service (*)
– Date of conclusion of the contract(*)/receipt(*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*) Delete as appropriate