Terms and Conditions
TERMS AND CONDITIONS OF THE ONLINE STORE
WWW.GEO-POLSKA.PL
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND TERMS OF DELIVERY AND COLLECTION OF THE PRODUCT
6. COMPLAINT HANDLING PROCEDURE
7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS, AND RULES FOR ACCESSING THESE PROCEDURES
8. RIGHT TO WITHDRAW FROM THE AGREEMENT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. PRODUCT REVIEWS
11. FINAL PROVISIONS
12. MODEL WITHDRAWAL FORM
These Terms and Conditions of the Online Store have been prepared by the lawyers of the Prokonsumencki.pl website. The www.geo-polska.pl Online Store cares about consumer rights. Consumers may not waive their rights under the Consumer Rights Act. Provisions of agreements that are less favourable to consumers than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them under mandatory provisions of law, and any doubts should be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, the latter shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at www.geo-polska.pl is operated by 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; National Business Registry Number (REGON): 277831752, e-mail address: sklep@geo-polska.pl and contact telephone number: 606385833.
1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Terms and Conditions provides otherwise.
1.3. The Seller is the controller of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions. Personal data is processed for the purposes, for the period and on the basis of the grounds and principles set out in the privacy policy published on the Online Store website. The privacy policy contains, above all, the rules for the processing of personal data by the Administrator in the Online Store, including the basis, 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. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and the Seller's statutory obligations).
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 enabling the creation of an Account.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
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 organisational unit without legal personality, to which the law grants legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – an 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 the data provided by the Service Recipient and information about the Orders placed by them in the Online Store are collected.
1.4.7. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider regular content of subsequent editions of the newsletter containing information about Products, new items and promotions in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Shop which is the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.4.10. ONLINE STORE – the Service Provider's online store available at the following internet address: www.geo-polska.pl.
1.4.11. SELLER; SERVICE PROVIDER – 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; 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: 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.
1.4.12. SALES AGREEMENT – an agreement for the sale of a Product concluded or entered into between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.14. 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 organisational unit without legal personality, to which the law grants legal capacity – using or intending to use the Electronic Service.
1.4.15. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
1.4.16. ORDER – a declaration of will made by the Customer using 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 and Newsletter.
2.1.1. Account – the Account can be used after the Service Recipient completes three consecutive steps – (1) filling in the Registration Form, (2) clicking the ‘Register’ field and (3) confirming the intention to create an Account by clicking on the confirmation link sent automatically to the e-mail address provided. In the Registration Form, the Service Recipient must provide the following data: first and last name, e-mail address, contact telephone number and password.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to the following address: sklep@geo-polska.pl or in writing to the following address: ul. Drzymały 135A, 41-407 Imielin.
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 Shop. The Order is placed after the Customer completes two consecutive steps – (1) filling in the Order Form and (2) clicking on the Online Shop website after filling in the Order Form in the ‘Confirm purchase’ field – until this moment, it is possible to modify the entered data independently (to do this, follow the messages displayed and the information available on the Online Store website). In the Order Form, the Customer must provide the following data concerning the Customer: first and last name/company name, address (street, house/apartment number, postcode, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and VAT number.
2.1.2.1. The Electronic Order Form service is provided free of charge and is a one-time service, ending upon placing an Order through it or upon the Service Recipient's earlier discontinuation of placing an Order through it.
2.1.3. Newsletter – you can subscribe to the Newsletter by ticking the appropriate checkbox when creating an Account and placing an Order – upon creating an Account or placing an Order, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Electronic Newsletter Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (opt out of the Newsletter) by sending a relevant request to the Service Provider, in particular by e-mail to the following address: sklep@geo-polska.pl or in writing to the following address: ul. Drzymały 135A, 41-407 Imielin.
2.2. Technical requirements necessary to work with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) the latest version of a web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the web browser to save cookies and support Javascript.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good manners, respecting the personal rights, copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state of affairs. The Service Recipient is prohibited from providing illegal content.
2.4. The complaint procedure for Electronic Services is specified in point 6 of the Terms and Conditions.
3. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
3.1. Only Customers who have registered an Account may conclude a Sales Agreement. The conclusion of a 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 Terms and Conditions.
3.2. The price of the Product displayed on the Online Store website is given in Polish zlotys and includes taxes. The Customer shall be informed about the total price including taxes of the Product being the subject of the Order, as well as about the delivery costs (including transport, delivery and postal service fees) and other costs, and if the amount of these fees cannot be determined – about the obligation to pay them, the Customer is informed on the Online Store website when placing the Order, including at the moment when the Customer expresses their will to be bound by the Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
3.3.2. After placing an 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 processing shall be made by the Seller sending the Customer an appropriate e-mail to the e-mail address provided by the Customer when placing the Order, which shall contain at least the Seller's statement of receipt of the Order and its acceptance for processing, as well as 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 shall be recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Online Store's website and (2) sending the Customer an e-mail referred to in point 3.3.2. Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Shop IT system.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following methods of payment under the Sales Agreement:
4.1.1. Cash on delivery upon receipt of the shipment.
4.1.2. Cash payment upon personal collection.
4.1.3. Payment by bank transfer to the Seller's bank account.
4.1.4. Payment by instant transfer or payment card - a form of payment supported by Przelewy24 and Cinkciarz.pl. The operators of the ‘Payment card’ and ‘Instant transfer’ payment methods are the following platforms:
4.1.4.1. CINKCIARZ.PL sp. z o.o., ul. Sienkiewicza 9, 65-001 Zielona Góra, entered in the Register of Entrepreneurs kept by the District Court in Zielona Góra, 8th Commercial Division of the National Court Register, under KRS number 0000364722, NIP: 929183038.
4.1.4.2. Przelewy24, owned by PAYPRO SPÓŁKA AKCYJNA with its registered office in Poznań (address: ul. Pastelowa 8, 60-198 Poznań), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, share capital: PLN 5,476,300.00, NIP 7792369887, REGON 301345068.
4.2. Payment deadline:
4.2.1. If the Customer chooses to pay by bank transfer, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses to pay in cash on delivery or in cash upon personal collection, the Customer is obliged to make the payment upon delivery.
5. COST, METHODS AND TERM OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the information tab concerning delivery costs and during the placing of the Order, including at the moment when the Customer expresses their will to be bound by the Sales Agreement.
5.2. Personal collection of the Product by the Customer is free of charge.
5.3. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.3.1. Courier delivery, cash on delivery courier delivery.
5.3.2. Personal collection available at the following address: ul. Drzymały 135A, 41-407 Imielin – on Working Days, between 8:00 a.m. and 3:00 p.m.
5.4. The delivery time of the Product to the Customer is up to 5 Business Days, unless a shorter delivery time is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery time is the longest specified time, which, however, cannot exceed 5 Business Days. The start of the delivery period for the Product to the Customer is calculated as follows:
5.4.1. If the Customer chooses to pay by bank transfer – from the date of crediting the Seller's bank account or settlement account.
5.4.2. If the Customer chooses to pay by cash on delivery – from the date of conclusion of the Sales Agreement.
5.5. The date of readiness of the Product for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 2 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different readiness dates, the readiness date shall be the longest date specified, which, however, may not exceed 2 Business Days. The Customer shall be additionally informed by the Seller about the Product's readiness for collection. The start of the Product's readiness period for collection by the Customer shall be calculated as follows:
5.5.1. If the Customer chooses to pay by bank transfer – from the date of crediting the Seller's bank account or settlement account.
5.5.2. If the Customer chooses to pay in cash upon personal collection – from the date of conclusion of the Sales Agreement.
6. COMPLAINT HANDLING PROCEDURE
6.1. This section 6 of the Terms and Conditions sets out the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints concerning 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 Consumer Rights Act and the Act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended).
6.2.1. Detailed provisions regarding complaints about a Product – a movable item – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller until 31 December 2022 are specified in the provisions of the Civil Code in the wording in force until 31 December 2022, in particular Articles 556-576 of the Civil Code. These provisions specify, in particular, the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to deliver a Product without defects to the Customer. 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.
6.2.2. Detailed provisions regarding complaints about Products – movable items (including movable items with digital elements), with the exception of movable items that serve solely as a carrier of digital content – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from 1 January 2023, are specified in the provisions of the Consumer Rights Act in the wording in force from 1 January 2023, 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 Agreement.
6.2.3. Detailed provisions regarding complaints about a Product – content or digital service or movable item that serves solely as a carrier of digital content – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from 1 January 2023 or before that date, if the delivery of such a Product was to take place or took place after that date, are specified in 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. 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. Complaints may be submitted, for example:
6.3.1. in writing to the following address: ul. Drzymały 135a, 41-407 Imielin;
6.3.2. in electronic form via e-mail to the following address: sklep@geo-polska.pl.
6.4. The Product may be sent or returned as part of a complaint to the following address: ul. Drzymały 135a, 41-407 Imielin.
6.5. 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 the manner of bringing the Product into conformity 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 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. If the complainant changes their contact details during the complaint handling process, they are obliged to notify the Seller thereof.
6.7. 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.
6.8. The Seller shall respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for a Customer who is a consumer to use extrajudicial means 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. The President of the Office of Competition and Consumer Protection also operates a contact point (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose tasks include providing assistance to consumers in matters relating to out-of-court settlement of consumer disputes.
7.3. The consumer has the following examples of options for using out-of-court complaint handling and redress: (1) a request for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance 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 by calling the consumer helpline on 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).
7.4. An online platform for resolving disputes between consumers and businesses at EU level is available at http://ec.europa.eu/consumers/odr (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 service contract (for more information, visit the platform itself or the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT TO WITHDRAW 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 any costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send a statement before its expiry. The statement of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the following address: ul. Drzymały 135a, 41-407 Imielin;
8.1.2. in electronic form via e-mail to the following address: sklep@geo-polska.pl.
8.2. Return of the Product - movable items (including movable items with digital elements) as part of withdrawal from the contract may be sent to the following address: ul. Drzymały 135a, 41-407 Imielin.
8.3. A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is also available in section 12 of the Terms and Conditions. The consumer may use the sample form, but this is not mandatory.
8.4. The period for withdrawal from the contract begins:
8.4.1. for a contract under which the Seller delivers the Product and is obliged to transfer its ownership – from the moment the Product is taken into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract which: (1) covers multiple Products that are delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period of time – from the moment the first Product is taken into possession;
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 shall be deemed not to have been concluded.
8.6. Products – movable items, including movable items with digital elements:
8.6.1. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product - movable items, including movable items with digital elements (except for additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller shall refund the payment using the same payment method as used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not involve any costs for them. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back or the consumer provides proof of its return, whichever occurs first.
8.6.2. In the case of Products - movable items (including movable items 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.
8.6.3. The Consumer shall be liable for any reduction in the value of the Product - movable property (including movable property with digital elements) - resulting from its use in a manner exceeding that necessary to ascertain 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 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) have been created by the consumer together with other consumers who can continue to use them. 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 any obstacles on the part of the Seller, within a reasonable time and in a commonly used machine-readable format.
8.7.2. 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.
8.8. Possible costs associated with 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 method of delivery 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 expiry of the deadline for withdrawal from the contract, 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 performed, 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 performed.
8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
8.9.1. (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 after the performance of the service by the Seller, they will lose the right to withdraw from the contract, and accepted 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 Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or serving to satisfy their individual needs; (4) where the subject of the service is a Product - a movable item (including a movable item with digital elements) - which is subject to rapid deterioration or has a short shelf life; (5) where the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery; (6) where 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) where the subject of the service are alcoholic beverages, the price of which was agreed upon at the time of 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) in which 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 - movable items (including movable items with digital elements) other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to the additional services or Products; (9) in which 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 accommodation services 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 they would lose their right to withdraw from the contract once the Seller had performed the service, 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 to carry out repairs, and the service has already been fully performed with the express and prior consent of the consumer.
8.10. The provisions concerning the consumer contained in this point 8 of the Terms and Conditions shall apply from 1 January 2021 and, for contracts concluded from that date, also to the Service Recipient or Customer who is a natural person concluding a contract directly related to 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. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point 9 of the Regulations and all provisions contained therein are addressed to and therefore binding only on the Customer or Service Recipient who is not a consumer, and from 1 January 2021 and for contracts concluded from that date, also a person who is not 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.
9.2. 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 any 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 the Product's non-compliance with the Sales Agreement is excluded.
9.4. The Seller shall respond to the complaint within 30 calendar days of its receipt.
9.5. The Seller has the right to limit the available payment methods, including requiring full or partial prepayment, 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 giving reasons by sending the Service Recipient an appropriate statement.
9.7. The Service Provider/Seller's liability towards the Service Recipient/Customer, regardless of its legal basis, is limited – both in the case of a single claim and for all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than one thousand zlotys. The limitation of amount referred to in the previous sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or claims not related to the Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the agreement and shall not be liable for lost profits. The Seller shall also not be liable for any delay in the delivery of the shipment.
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 registered office of the Seller/Service Provider.
10. PRODUCT REVIEWS
10.1. The Seller enables its Customers to post and access reviews of Products and the Online Store on the terms specified in this section of the Terms and Conditions.
10.2. The Customer may post a review using the form for adding reviews about the Product or the Online Store. This form may be made available directly on the Online Store website (including via an external widget) or may be made available via an individual link sent to the Customer after purchase to the e-mail address provided by the Customer. When adding a review, the Service Recipient may also add a graphic rating or photo of the Product, if this option is available in the review form.
10.3. A review of a Product may only be posted for Products actually purchased in the Seller's Online Store and by the Customer who purchased the reviewed Product. It is prohibited to conclude fictitious or apparent Sales Agreements for the purpose of posting a review of a Product. A review of the Online Store may be posted by a person who is a Customer of the Online Store.
10.4. The addition of reviews by Customers may not be used for unlawful activities, in particular for activities constituting unfair competition or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties. When adding a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good manners.
10.5. Reviews may be made available directly on the Online Store website (e.g. next to a given Product) or on an external review collection website with which the Seller cooperates 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 have purchased the Product in question. To this end, the Seller takes the following steps to verify that the opinions come from its Customers:
10.6.1. The publication of an opinion submitted using the form available directly on the Online Store website requires prior verification by the Service Provider. Verification consists of checking the compliance of the review with the Terms and Conditions, in particular checking whether the person reviewing is a Customer of the Online Store – in this case, the Seller checks whether the person has made a purchase in the Online Store, and in the case of a review of a Product, additionally checks whether they have purchased the reviewed Product. Verification takes place without undue delay.
10.6.2. The Seller sends its Customers (including via an external review collection service with which it cooperates) an individual link to the email address provided by them at the time of purchase – in this way, only Customers who have purchased a Product in the Online Store have access to the review form.
10.6.3. In the event of doubts on the part of the Seller or reservations raised with the Seller by other Customers or third parties as to whether a given review comes from a Customer or whether a given Customer has purchased a given Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm that they are indeed a Customer of the Online Store or have purchased the reviewed Product.
10.7. Any comments, appeals against the verification of reviews, or reservations as to whether a given review comes from a Customer or whether a given Customer has purchased a given Product may be reported in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions.
10.8. The Seller does not post or commission another person to post false Customer reviews or recommendations, and does not distort Customer reviews or recommendations in order to promote its Products. The Seller makes both positive and negative reviews available. The Seller does not make sponsored reviews available.
11. FINAL PROVISIONS
11.1. Contracts concluded through the Online Shop are concluded in Polish.
11.2. Amendments to the Terms and Conditions:
11.2.1. The Service Provider reserves the right to amend the Terms and Conditions 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 Terms and Conditions.
11.2.2. In the event of concluding continuous agreements on the basis of these Terms and Conditions (e.g. provision of an Electronic Service – Account), the amended Terms and Conditions shall be binding on the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been duly notified of the changes and has not terminated the agreement within 15 calendar days of the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the Service Recipient has the right to withdraw from the agreement.
11.2.3. In the event of concluding agreements of a nature other than continuous agreements (e.g. Sales Agreement), amendments to the Terms and Conditions shall in no way affect the rights acquired by Service Users/Customers prior to the date of entry into force of the amendments to the Terms and Conditions; in particular, amendments to the Terms and Conditions shall not affect Orders already placed or submitted and Sales Agreements already concluded, performed or executed.
11.3. In matters not covered by these Terms and Conditions, 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; and other relevant provisions of generally applicable law.
11.4. These Terms and Conditions do not exclude the provisions applicable in the country of habitual residence of the consumer entering into a contract with the Service Provider/Seller, which cannot be excluded by contract. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to them under the provisions that cannot be excluded by contract.
12. MODEL WITHDRAWAL FORM
(APPENDIX NO. 2 TO THE CONSUMER RIGHTS ACT)
Model 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(*) about 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.
