General terms and conditions of sale
FOR CUSTOMERS OF GEO POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Dear Customer, thank you for your interest in our products. Please read the general terms and conditions of sale.
The formula of these general terms and conditions of sale (hereinafter referred to as: ‘GTC’) establishes the general rules and conditions for placing orders for our products, concluding and executing sales contracts between us including the placing of an order and the conclusion of a sales contract that is the subject of our agreements and any subsequent orders and sales contracts, as required by you. The purpose of the GTCS is also to fulfil our information obligations towards consumers in accordance with the Consumer Rights Act.
These GTC, in the event of a decision to cooperate, regulate in particular the rules for placing and accepting orders and the performance and settlement of sales contracts, including issues of our liability. These terms and conditions shall apply in the absence of other arrangements between us. We invite you to familiarise yourself with the GTC.
1) ABOUT US
The seller is GEO POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Imielin (registered office and delivery address: ul. Drzymały 135A, 41-407 Imielin); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000125060; the registry court where the company's documentation is stored: District Court Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register; share capital in the amount of: PLN 321,000; Tax Identification Number (NIP): 6462552984; REGON (National Business Registry Number): 277831752, e-mail address: sklep@geo-polska.pl and contact telephone number: 606385833 (hereinafter referred to as: ‘Seller’).
Contact details:
correspondence address: ul. Drzymały 135A, 41-407 Imielin;
e-mail address: sklep@geo-polska.pl;
contact telephone number: 606385833.
2) PLACING AN ORDER, CONCLUDING A SALES AGREEMENT
1. We value transparency, which is why the standard procedure for establishing cooperation between you and us is as follows:
1) You place an order for the products you wish to purchase
2) Based on your order, we prepare a tailored offer for you and present it to you for approval
3) If you accept the offer, the sales contract is concluded
4) In the case of additional arrangements, the contract is concluded when we reach an agreement on the issues being negotiated.
2. The price of the product indicated in our offer submitted in response to your order or indicated during our negotiations (if any) is given in Polish zlotys and includes taxes. You will be informed of the total price including taxes under the sales contract, as well as delivery costs (including transport, delivery and postal services) and other costs, and if these costs cannot be determined, of the obligation to pay them, in our offer or during the arrangements – always before the conclusion of the sales contract (i.e. before you express your willingness to be bound by the contract).
3. The establishment of cooperation, including the submission of your order, the conclusion of the sales contract and any amendments thereto, may take place in accordance with the applicable regulations: in person at our headquarters, in writing, by e-mail, by telephone or by fax.
4. The order should include at least: your first and last name (in the case of non-consumers – the full name of your company and VAT number), address, contact telephone number and details of the contract: product(s), quantity of product(s), delivery address, if different from the address of the person placing the order. If some information is missing, we will ask you to provide it.
5. Regardless of the manner in which the cooperation is established, the sales contract is always concluded in accordance with generally applicable regulations, in particular the Civil Code and the Consumer Rights Act of 30 May 2014. – in the case of an offer procedure, as a result of the other party accepting the offer, and if we are conducting negotiations (agreements) with a view to concluding a contract, when we reach an agreement on all its provisions that were the subject of the negotiations (agreements).
6. The content of the sales contract is recorded, secured and made available to you by delivering these GTC before the conclusion of the sales contract and the proof of purchase. Additionally, depending on the manner in which the cooperation is established, the content of the sales contract may also be recorded, secured and made available to you in another manner (e.g. by sending an e-mail or recording the arrangements in writing).
3) SUBJECT OF THE AGREEMENT
1. We strive to adapt to your needs and expectations as much as possible, which is why we always determine the subject of the sales agreement individually with you.
2. The subject matter of a given agreement and its detailed terms and conditions are determined each time before the agreement is concluded (e.g. in an offer or during negotiations, always before you express your willingness to be bound by the agreement). In all other respects, these GTCS apply.
4) CONTACTING US
The main form of ongoing remote communication with you is by e-mail and telephone, through which you will exchange information with us regarding the sales contract. We also invite you to contact us in writing or in person. You will find our contact details in the footer and at the beginning of the GTC.
5) METHOD AND TERM OF PAYMENT
1. The method and term of payment is agreed with you each time before the conclusion of the sales contract. Below are the standard methods and terms of payment that are available in the absence of other agreements between us.
2. We offer the following payment methods:
a. Payment by bank transfer to the Seller's bank account.
b. Cash on delivery upon receipt of the shipment.
c. Cash payment upon personal collection.
3. Payment terms: a. If the Customer chooses to pay by bank transfer, they are obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
b. If the Customer chooses to pay cash on delivery upon receipt of the parcel or cash upon personal collection, the Customer is obliged to make the payment upon receipt of the parcel.
6) METHOD, TERM AND COST OF DELIVERY
1. The method, term and cost of delivery are agreed with you each time before the conclusion of the sales agreement. Below are the standard methods and terms of delivery that apply in the absence of other agreements between us.
2. Delivery of products to you is subject to a fee, unless the sales contract provides otherwise. Delivery costs (including transport, delivery and postal services) are indicated to you in the offer or during our arrangements (if any) – always before the conclusion of the sales contract (i.e. before you express your willingness to be bound by the contract).
3. We offer the following delivery methods:
a. Courier delivery, cash on delivery courier delivery.
b. Pallet delivery.
c. Personal collection available at the following address: ul. Drzymały 135A, 41-407 Imielin – on Working Days, between 08:00 and 15:00.
4. The delivery time for the product is up to 5 working days, unless the sales contract stipulates otherwise. The start of the delivery period for the product is calculated as follows:
a. If the Customer chooses to pay by bank transfer – from the date of crediting the Seller's bank account or settlement account.
b. If the Customer chooses cash on delivery as the payment method - from the date of conclusion of the Sales Agreement.
5. The product will be ready for collection within 2 working days, unless the sales agreement provides otherwise. The start of the period of readiness of the product for collection is calculated as follows:
a. If you choose to pay by bank transfer - from the date of crediting the Seller's bank account or settlement account.b. If you choose to pay in cash upon personal collection - from the date of conclusion of the Sales Agreement.
7) COMPLAINTS
1. This section sets out the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints concerning products, sales agreements and other complaints addressed to the Seller.
2. Complaints may be submitted, for example, by e-mail to the following address: sklep@geo-polska.pl or in writing to the following address: ul. Drzymały 135A, 41-407 Imielin.
3. The product may be sent or returned as part of a complaint to the following address: ul. Drzymały 135A, 41-407 Imielin.
4. It is recommended to include the following in the complaint description:
(1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity or non-compliance with the contract;
(2) a request for compliance with the contract or a statement of price reduction or withdrawal from the contract or other claim; and
(3) the contact details of the person submitting the complaint – this will facilitate and speed up the processing of the complaint. The requirements specified in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
5. If the complainant changes their contact details during the complaint handling process, they are obliged to notify the Seller thereof.
6. The complainant may attach evidence (e.g. photographs, documents or the product) related to the subject of the complaint to the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photographs) if this facilitates and speeds up the processing of the complaint by the Seller.
7. The Seller shall respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
8. The basis and scope of the Seller's statutory liability are determined by generally applicable laws, in particular the Civil Code and the Act of 30 May 2014 on consumer rights (hereinafter referred to as the ‘Consumer Rights Act’). Below is additional information regarding the Seller's statutory liability for the conformity of the product with the sales contract:
a. In the event of a complaint about a product – goods purchased by the Customer on the basis of a sales contract concluded with the Seller until 31 December 2022 – the provisions of the Civil Code in force until 31 December 2022, in particular Articles 556-576 of the Civil Code, shall apply. 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). Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for a product purchased in accordance with the previous sentence towards a Customer who is not a consumer is excluded.
b. In the event of a complaint about a product (including goods with digital elements) purchased by the Customer on the basis of a sales contract concluded with the Seller from 1 January 2023, the provisions of the Consumer Rights Act in the wording in force from 1 January 2023 shall apply, in particular Articles 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 contract.
c. In the event of a complaint about a product – digital content or service or goods that serve solely as a medium for digital content – purchased by the Customer on the basis of a sales contract concluded with the Seller on or after 1 January 2023, or before that date if the delivery of such a product was to take place or took place after that date, the provisions of the Consumer Rights Act in the wording in force from 1 January 2023, in particular Articles 43h – 43q of the Consumer Rights Act, shall apply. 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 contract.
d. The provisions contained in points b. and c. above concerning the consumer also apply to a Customer who is a natural person concluding a contract directly related to their business activity, when the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9. In addition to the Seller's statutory liability, a warranty may be granted for the product – this is a contractual (additional) liability and can be used when the product is covered by the warranty. The warranty may be granted by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed terms and conditions regarding liability under the warranty, including the details of the entity responsible for the warranty and the entity entitled to use it, are available in the warranty description, e.g. in the warranty card or elsewhere concerning the granting of the warranty. The Seller indicates that in the event of non-compliance of the product with the contract, the Customer is entitled by law to legal protection at the expense of the Seller and that the warranty does not affect these legal protection measures.
8) STATUTORY RIGHT TO WITHDRAW FROM THE CONTRACT
A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except in the cases specified in point 8.2 and the costs specified in point 8.6 of the GTC. 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 address: ul. Drzymały 135A, 41-407 Imielin or in electronic form via e-mail to the address: sklep@geo-polska.pl. For this purpose, the consumer may use the sample withdrawal form attached as Appendix 2 to the Consumer Rights Act and Appendix 2 to these GTC, but this is not mandatory
The right to withdraw from a distance contract is not available to the consumer in relation to a contract:
(1) for the provision of services for which the consumer is obliged to pay a 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 they would lose their right to withdraw from the contract once the Seller had performed the service, and who 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 expiry of the withdrawal period;
(3) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a product that deteriorates quickly or has a short shelf life;
(5) where the subject of the service is a product delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging was opened after delivery;
(6) where the subject of the service are products which, after delivery, due to their nature, are inseparably connected with other items;(7) where the subject of the service are 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 has expressly requested that the Seller visit them in order to carry out urgent repairs or maintenance; if the Seller provides additional services other than those requested by the consumer or delivers products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to the additional services or products;
(9) where the subject of the service are audio or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
(10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
(11) concluded by way of a public auction;
(12) for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the date 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 commenced performance with the express and prior consent of the consumer, who was informed before the commencement of performance that once the Seller has performed the service, they 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(1) and (2) or Article 21(1) of the Consumer Rights Act;
(14) for the provision of services for which the consumer is obliged to pay the price, in cases where the consumer has expressly requested the Seller to come to them in order to carry out repairs, and the service has already been fully performed with the express and prior consent of the consumer.
The period for withdrawal from the contract begins:
for a contract under which the Seller delivers an item and is obliged to transfer its ownership – from the moment the consumer or a third party designated by the consumer, other than the carrier, takes possession of the item, in the case of a contract which: (1) covers multiple items that are delivered separately, in batches or in parts – from the moment the last item, batch or part is taken into possession, or (2) consists in the regular delivery of items for a specified period of time – from the moment the first item is taken into possession.for other contracts – from the date of conclusion of the contract
Products – goods, including goods with digital elements:
The Seller is obliged to immediately, no 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 delivery of the product (except for additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method available from the Seller for a given sales contract). The Seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not involve any costs for him. If the Seller has not offered to collect the product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the product back or the consumer provides proof of its return, whichever occurs first.
In the case of products - goods (including goods with digital elements), the consumer is obliged to return the product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, no later than within 14 calendar days from the date on which they withdrew from the contract, unless the Seller has offered to collect the product themselves. To meet the deadline, it is sufficient to send the product back before its expiry.
The consumer is liable for any reduction in the value of the product – goods (including goods with digital elements) – resulting from their use in a manner exceeding that necessary to ascertain the nature, characteristics and functioning of the product.
Products – digital content or digital services (including goods that are solely a medium for digital content):In the event of withdrawal from a contract for the supply of a product – digital content or digital service – the Seller may not, from the date of receipt of the consumer's statement of withdrawal from the contract, use content other than personal data provided or created by the consumer during the use of the product – digital content or digital service – provided by the Seller, with the exception of content which:
(1) is useful only in connection with the digital content or digital service that was the subject of the contract;
(2) relates exclusively to the consumer's activity while using the digital content or digital service provided by the Seller;
(3) has been combined by the trader with other data and cannot be separated from it or can only be separated with disproportionate effort;
(4) has been created by the consumer together with other consumers who can continue to use it. Except in the cases referred to in points (1) to (3) above, the Seller shall, at the consumer's request, make available to the consumer content other than personal data which has been provided or created by the consumer while 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 continuing to use the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or by blocking the user account, which does not affect the consumer's rights referred to in the previous sentence. The consumer has the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.
In the event of withdrawal from a contract for the supply of a product – digital content or digital service, the consumer is obliged to cease using that digital content or digital service and to make it available to third parties.
6. Possible costs associated with the consumer's withdrawal from the contract, which the Consumer is obliged to bear:
If the consumer has chosen a method of delivery other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to reimburse the consumer for the additional costs incurred.
The consumer bears the direct costs of returning the product. In the case of products that cannot be returned by regular post (e.g. bulky items), the consumer may incur higher costs for returning them, in accordance with the following sample price list of one of the carriers: https://www.sendit.pl/cennik/cenniki-krajowe/fedex.
In the case of a product that is a service, the performance of which, at the express request of the consumer, began before the expiry of the withdrawal period, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services provided until the moment of withdrawal from the contract. The amount of payment shall be 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 shall be the market value of the service provided.
7. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
8. The provisions of this point 8 of the GTC concerning the consumer shall apply from 1 January 2021. and for contracts concluded from that date also to a Customer who is a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9) OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS AND RULES FOR ACCESS TO THESE PROCEDURES
Methods of resolving disputes without the involvement of a court include
(1) facilitating a rapprochement between the parties, e.g. through mediation;
(2) proposing a solution to the dispute, e.g. through conciliation; and
(3) resolving the dispute and imposing a solution on the parties, e.g. through arbitration (court of arbitration). Detailed information on the possibility for a customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, the rules of access to these procedures and a user-friendly search engine for entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
The President of the Office of Competition and Consumer Protection has a contact point whose tasks include providing consumers with information on out-of-court settlement of consumer disputes. Consumers can contact the point: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office's headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
The consumer has the following examples of options for using out-of-court methods of handling complaints and pursuing claims:
(1) a request for dispute resolution to a permanent consumer arbitration court;
(2) a request for out-of-court dispute resolution to the provincial inspector of the Inspectorate; or
(3) assistance from the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and via the consumer helpline 801 440 220 (the helpline is open on working days from 8:00 a.m. to 6:00 p.m., and the call is charged according to the operator's tariff).
An online platform for resolving disputes between consumers and businesses at EU level is available at http://ec.europa.eu/odr (ODR platform). (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court settlement of disputes concerning contractual obligations arising from an online sales contract or a contract for the provision of services (for more information, visit the platform itself or the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html.
10) ADDITIONAL PROVISIONS CONCERNING ENTREPRENEURS
1. This point 10 of the GTC and all provisions contained therein are addressed to and therefore binding only on Customers who are not consumers. Furthermore, from 1 January 2021 and for contracts concluded from that date, this section of the GTC and all provisions contained therein are not addressed to and are therefore not binding on a Customer who is a natural person concluding a contract directly related to their business activity, if the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity, unless the application of the provisions contained in this point of the GTC to such persons is not prohibited.
2. The Seller is entitled at any time to take steps to verify the truthfulness, reliability and accuracy of the information provided by the Customer, in particular that provided when placing an order. For the purposes of verification, the Seller is entitled, among other things, to request the Customer to send a scan of any certificates, attestations or other documents necessary for verification. During the verification referred to in the previous sentence, the Seller is entitled to suspend the performance of the sales contract.
3. In the event of a delay in payment, including advance payment, we reserve the right to refuse to conclude further contracts and to suspend the performance of contracts already concluded until the due payments are made, which does not give rise to any claims on your part against us.
4. We reserve the right to withdraw from the sales contract concluded with you within 14 calendar days from the date of its conclusion without giving any reason.
5. The Seller's liability under the warranty for the product or the non-compliance of the product with the sales contract is excluded.
6. The deadline for the Seller to respond to a complaint is extended to 30 calendar days from the date of its receipt.
7. You do not have the right to withdraw from the contract without giving a reason. The right to withdraw from the contract without giving a reason applies only to consumers and natural persons referred to in point
8.8 of the GTC.
8. In the event of any disputes related to the contract, you are not entitled to withhold payment or part of the payment. Any settlements resulting from disputes will only take place after mutual agreement between the parties.
9. Any delay or failure on our part to fulfil the terms of the contract shall not constitute grounds for you to withdraw from the contract or claim compensation for losses incurred or other equivalent payments if the non-performance or improper performance of the contract was caused by factors for which we are not responsible and to which we did not contribute.
10. We shall be liable to you, regardless of the legal basis, up to the amount of the price paid under the sales contract, with the proviso that if the claim relates only to a given product or products, our liability shall be limited to the amount of the price paid for the given product or products, but not more than PLN 1,000.00 (in words: one thousand Polish zlotys). The limitation referred to in the previous sentence applies to all claims made by you against the Seller, including in the event of failure to conclude a sales contract or claims not related to the sales contract. We are liable to you only for typical and actual damages foreseeable at the time of conclusion of the contract, excluding lost profits. We are also not liable for delays in the transport of the product by the carrier.
11. Any disputes arising between the Seller and the Customer shall be submitted to the court having jurisdiction over the Seller's registered office.
11) FINAL PROVISIONS
1. Contracts concluded with the Seller are concluded in Polish.
2. In matters not covered by these GTC, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827) and other relevant provisions of generally applicable law.
Appendix 1 to the GTC PRIVACY POLICY This privacy policy is for informational purposes only, which means that it does not impose any obligations on you. The privacy policy primarily contains rules regarding the processing of personal data obtained from you by the Administrator, including the basis, purposes and scope of personal data processing, as well as the rights of data subjects.1) GENERAL PROVISIONS
The Administrator of personal data collected in connection with transactions regulated by these GTC is GEO POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Imielin (registered office and address for service: ul. Drzymały 135A, 41-407 Imielin); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000125060; the registry court where the company's documentation is stored: District Court Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register; share capital in the amount of: PLN 321,000; Tax Identification Number (NIP): 6462552984; REGON (National Business Registry Number): 277831752, e-mail address: sklep@geo-polska.pl and contact telephone number: 606385833 - hereinafter referred to as the ‘Administrator’ and also being the Seller.
Contact details of the data protection officer appointed by the Administrator: e-mail address: iodo@geo-polska.pl, contact telephone number: 606 385 833.
Personal data is processed by the Administrator in accordance with applicable law, in particular in accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) - hereinafter referred to as ‘GDPR’ or ‘GDPR Regulation’. Official text of the GDPR: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679.
Concluding contracts on the basis of these GTC is voluntary. Similarly, the provision of personal data by you is voluntary, with two exceptions: (1) concluding contracts with the Controller - failure to provide, in the cases and to the extent specified in these GTC and this privacy policy, the personal data necessary to conclude and perform a Sales Contract with the Controller will result in the inability to conclude such a contract. In such a case, the provision of personal data is a contractual requirement and if the data subject wishes to conclude a given contract with the Controller, they are obliged to provide the required data. Each time, the scope of data required to conclude a contract is indicated in advance in the GTC or provided by the Controller, e.g. in correspondence via e-mail; (2) the Controller's statutory obligations - the provision of personal data is a statutory requirement resulting from generally applicable laws imposing on the Controller the obligation to process personal data (e.g. processing data for the purpose of keeping tax or accounting records) and failure to provide such data will prevent the Controller from performing these obligations.
The Administrator takes special care to protect the interests of the persons whose personal data it processes, and in particular is responsible for and ensures that the data it collects is:
(1) processed in accordance with the law;
(2) collected for specified, lawful purposes and not further processed in a manner incompatible with those purposes;
(3) factually correct and adequate in relation to the purposes for which they are processed;
(4) stored in a form which permits identification of data subjects for no longer than is necessary for the purposes of processing; and(5) processed in a manner that ensures appropriate security of personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
Taking into account the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Controller shall implement appropriate technical and organisational measures to ensure that processing is performed in accordance with this Regulation and to be able to demonstrate this. These measures shall be reviewed and updated as necessary. The Controller shall use technical measures to prevent unauthorised persons from obtaining and modifying personal data transmitted electronically.
2) BASIS FOR DATA PROCESSING
The Controller shall be authorised to process personal data in cases where, and to the extent that, at least one of the following conditions is met:
(1) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
(2) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
(3) processing is necessary for compliance with a legal obligation to which the Controller is subject; or
(4) processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
The processing of personal data by the Controller requires at least one of the grounds specified in section 2.1 of the privacy policy to be present in each case. The specific grounds for the processing of your personal data by the Controller are indicated in the next section of the privacy policy – in relation to the specific purpose of the processing of personal data by the Controller.
3) PURPOSE, BASIS AND PERIOD OF DATA PROCESSING1. In each case, the purpose, basis and period of processing of personal data by the Controller, as well as the recipients of such data, result from the actions taken by you. For example, if you decide to make a purchase and choose to collect the purchased product in person instead of having it delivered by courier, your personal data will be processed for the purpose of performing the sales contract, but will not be made available to the carrier delivering the shipment on behalf of the Controller.2. The Controller may process personal data for the following purposes, on the grounds and for the periods indicated in the table below:
Purpose of data processing Legal basis for data processing Data retention period
Performance of a sales contract or taking action at the request of the data subject prior to the conclusion of the aforementioned contract Article 6(1)(b) of the GDPR (performance of a contract) - processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract The data is stored for the period necessary for the performance, termination or other expiry of the Sales Agreement.
Direct marketing Article 6(1)(f) of the GDPR (legitimate interests of the controller) - processing is necessary for the purposes of the legitimate interests pursued by the controller – consisting in caring for the interests and good image of the Controller and striving to sell Products The data is stored for the duration of the legitimate interest pursued by the Controller, but no longer than for the period of limitation of the Controller's claims against the data subject in relation to the business activity conducted by the Controller. The limitation period is determined by law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for sales contracts two years). The Administrator may not process data for direct marketing purposes if the data subject has effectively objected to this.
Marketing Article 6(1)(a) of the GDPR (consent) - the data subject has consented to the processing of their personal data for marketing purposes by the Controller. The data is stored until the data subject withdraws their consent to further processing of their data for this purpose.
Bookkeeping Article 6(1)(c) of the GDPR in conjunction with Article 74(2) of the Accounting Act of 30 January 2018 (Journal of Laws of 2018, item 395) - processing is necessary for compliance with a legal obligation to which the Controller is subject; The data is stored for the period required by law, which requires the Controller to keep accounting records (5 years from the beginning of the year following the financial year to which the data relates).
Establishing, pursuing or defending claims that may be raised by the Controller or that may be raised against the Controller Article 6(1)(f) of the GDPR (legitimate interest of the controller) - processing is necessary for the purposes of the legitimate interests pursued by the Controller - consisting in establishing, investigating or defending claims that may be raised by the Controller or against the Controller. The data is stored for the duration of the legitimate interest pursued by the Controller, but no longer than the limitation period for claims that may be raised against the Controller (the basic limitation period for claims against the Controller is six years).
4) DATA RECIPIENTS
1. It is necessary for the Controller to use the services of external entities (such as a software provider, courier or payment processor). The Controller only uses the services of processors who provide sufficient guarantees to implement appropriate technical and organisational measures so that the processing meets the requirements of the GDPR and protects the rights of data subjects.
The Controller does not transfer data in every case and not to all recipients or categories of recipients indicated in the privacy policy – the Controller transfers data only when it is necessary to achieve a given purpose of personal data processing and only to the extent necessary to achieve it. For example, if you use personal collection, your data will not be transferred to the carrier cooperating with the Controller.
3. Your personal data may be transferred to the following recipients or categories of recipients:
a. carriers/forwarders/courier brokers/entities handling the warehouse and/or shipping process – if you use the method of delivery of the Product by post or courier, the Administrator shall disclose your collected personal data to the selected carrier, forwarder or intermediary performing shipments on behalf of the Administrator, and if the shipment is made from an external warehouse - to the entity handling the warehouse and/or shipping process - to the extent necessary to deliver the product. b. entities handling electronic or card payments – if you use electronic or card payment methods, the Administrator will share your collected personal data with the selected entity handling the above payments on behalf of the Administrator to the extent necessary to process your payment.c. service providers supplying the Administrator with technical, IT and organisational solutions enabling the Administrator to conduct business activity, (in particular, e-mail providers and providers of company management software and technical support to the Administrator) - the Administrator shall make your collected personal data available to a selected provider acting on its behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.d. accounting, legal and advisory service providers providing the Administrator with accounting, legal or advisory support (in particular, an accounting office, law firm or debt collection company) - The Controller shall make your collected personal data available to a selected provider acting on its behalf only in the case and to the extent necessary to achieve the specific purpose of data processing in accordance with this privacy policy.
5) RIGHTS OF THE DATA SUBJECT
1. Right of access, rectification, restriction, erasure or transfer - the data subject has the right to request the Controller to access their personal data, rectify it, erase it (‘right to be forgotten’) or restrict its processing, and has the right to object to the processing, as well as the right to transfer their data. The detailed conditions for exercising the above rights are set out in Articles 15-21 of the GDPR.
2. Right to withdraw consent at any time - a person whose data is processed by the Controller on the basis of consent (pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR), has the right to withdraw their consent at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.
3. Right to lodge a complaint with a supervisory authority – a person whose data is processed by the Controller has the right to lodge a complaint with a supervisory authority in the manner and procedure specified in the provisions of the GDPR and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Personal Data Protection Office.
4. Right to object – the data subject has the right to object at any time, on grounds relating to their particular situation, to the processing of their personal data based on Article 6(1)(e)
(public interest or public tasks) or
f) (legitimate interests of the controller), including profiling based on these provisions. In such a case, the controller may no longer process this personal data unless he demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or grounds for the establishment, exercise or defence of legal claims.
5. Right to object to direct marketing - where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, including profiling to the extent that it is related to such direct marketing.
6. In order to exercise the rights referred to in this section of the privacy policy, you may contact the Controller by sending a relevant message in writing or by e-mail to the Controller's address indicated at the beginning of the privacy policy.
Appendix 2 to the GTCSAMPLE CONTRACT WITHDRAWAL FORM (APPENDIX 2 TO THE CONSUMER RIGHTS ACT)
Sample contract withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
– Addressee:
GEO POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Drzymały 135A, 41-407 Imielin
www.geo-polska.pl
sklep@geo-polska.pl
– I/We(*) hereby inform you(*) of my/our withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*) the contract for 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 the consumer(s)
– Signature of the consumer(s) (only if the form is sent in paper form)
– Date
(*) Delete as appropriate.