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Regulations

 

GASTROPRODUKT Online Shop Regulations

These Terms and Conditions set out the principles for making purchases in the GASTROPRODUKT online shop, operating at the internet address www.gastroprodukt.pl.

 

Table of Contents:

§ 1. Definitions
§ 2. General Provisions
§ 3. Terms and Conditions of Providing Services by Electronic Means
§ 4. Items of Transactions
§ 5. Placing and Fulfilling Orders
§ 6. Terms and Methods of Payment
§ 7. Order Execution Deadline
§ 8. Warranty and Complaints
§ 9. Withdrawal from the Agreement (for Consumers and Individuals)
§ 10. Final Provisions

 

 

§ 1 Definitions

1) Lead time - the time that elapses from the placement of an order until the dispatch of a package via the Supplier, whereby only Working Days are taken into account.

2) Working Days - means the days of the week from Monday to Friday excluding public holidays.

3. Delivery - means the actual act of:

  • delivery to the Customer by the Seller, including through the Supplier, of the Goods specified in the order, or
  • collection by the Customer of the Goods specified in the order at a Stationary Store.

4) Supplier - means the entity with which the Seller cooperates in making the Delivery of the Goods - the courier company or the entity selected by the Customer to make the Delivery of the Goods.

5. Customer - shall mean the entity to whom, in accordance with the Terms and Conditions and legal regulations, electronic services may be provided or with whom the Sales Contract may be concluded.

6) Consumer - means a natural person making a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity.

7) Public Entity - means an entity of the public finance sector within the meaning of the provisions on public finance.

8) Entrepreneur - means a natural person, a legal person or an organisational unit which is not a legal person but to which the Act grants legal capacity, conducting in its own name economic or professional activity and performing a legal action directly related to its economic or professional activity.

9. Individual Entrepreneur - means a natural person concluding a contract directly related to his/her business activity, if it follows from the content of the contract that it does not have a professional character for him/her, arising in particular from thethe subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, unless the person, at the latest at the time of concluding the agreement, makes a declaration that the agreement has a professional character for him/her.

10) Rules and Regulations - shall mean these Rules and Regulations.

11. Online Store - means the website www.gastroprodukt.pl through which the Seller concludes Agreements of sale of Goods with the Customers.

12. Stationary Store - means a place designed to serve the Customers located in Olkusz, ul. Żuradzka 29.

13. Seller - Rafał Mirek conducting business activity under the name GastroProdukt Rafał Mirek, NIP 637-198-32-82, Regon 121198600 located in Olkusz,
ul. Żuradzka 29, using the functionality and resources of the Internet Shop in order to invite Customers to conclude a Sales Agreement.

14th Parties - the Seller and the Customer.

15th Goods - shall mean a product presented by the Seller via the website of the Online Store, which may be the subject of a Sales Contract. 16.

16) Sales Contract - means a distance sales contract, concluded on the terms set out in the Terms and Conditions, between the Customer and the Seller. 17) Additional Service - the service of the Seller.

17. Additional Service - a paid service provided to the Customer outside the Online Store.

 

§ 2 General provisions

(1) The Online Shop is owned by the Seller who sells by mail order: catering equipment, small kitchen appliances, stainless steel furniture, professional cleaning products and other products shown on the website of the Online Shop. Telephone number: 32 611 50 87, (Monday to Friday, 8.00-17.00), e-mail: biuro@gastroprodukt.pl.

(2) The party making purchases from the Online Shop is the Consumer or any other entity, in particular the Entrepreneur, Individual Entrepreneur or Public Entity. The party making the sale is the Seller.

(3) Regulations determine in particular the types and scope of services provided electronically, the conditions for the conclusion of agreements through the Online Store and the procedure for complaints.

(4) The Rules and Regulations are available on the website of the Online Store and at the registered office of the Seller.

5th Customers can communicate with the Seller using a contact form, e-mail or by telephone.

 

§ 3 Terms and conditions of electronic services

(1) The technical requirements to use the Store are as follows:

  • a computer with Internet access and an installed and correctly configured Internet browser: Internet Explorer, Mozilla Firefox, Google Chrome, Safari or other browser supporting HTML 5 standard and JavaScript,
  • cookies enabled in the browser.

2. it is forbidden for the Customers to undertake activities and provide content of an unlawful nature.

 

§ 4 Objects of transactions

(1) The objects of transactions concluded through the Online Store are the Goods.

(2) The prices of all Goods in the resources of the Online Store are expressed in PLN net (excluding VAT) and gross (including VAT). 3.

Third All Goods are brand new, have the required approvals and are covered by the manufacturer's or Seller's warranty.

4) In some cases (described in the manual) installation of the Goods should be performed in accordance with the applicable national regulations by specialised and authorised technical personnel. It is recommended to use an authorised technical service due to the possibility of losing the warranty or losing the possibility of claiming a warranty if the installation or service was performed by an unauthorised technical service. Installation can be carried out by the Vendor as an additional Service.

(5) Before starting installation and operation of the Goods, please read the instruction manual.

(6) Any information about the Goods comes from materials published by manufacturers or importers. The Seller makes every effort to ensure that the information about the Goods, including their descriptions, technical parameters and photographs, is as accurate and up-to-date as possible. However, it reserves that:

(a) the photographs contained in the Online Shop are for illustrative purposes only. Possible slight differences in the appearance of the Goods, in particular their colours, may result from technical reasons, such as individual monitor settings or the quality of the photographs used.

b) Manufacturers are constantly improving their products and therefore their technical specifications may be subject to minor changes.

(7) The Seller assures that the differences referred to above, if any, do not affect the key features of the Goods, their functionality, performance or the conformity of the Goods with the contract.

 

§ 5 Placing orders and their performance

(1) The order shall be placed by the Customer by properly completing the order form available on the websites of the Online Store and confirming the order.

(2) Orders can be placed 24 hours a day throughout the week.

(3) Orders placed from Monday to Friday after 12:00 and on public holidays will be accepted for fulfilment on the next working day.

(4) Placing an order in the Online Shop follows the following procedure:

  • Make a selection of Goods in the Online Shop and click on the "Add to basket" button.
  • After clicking on the "Add to Cart" button, you can continue shopping or proceed to the order form by pressing the "Proceed to Checkout" button. To go from browsing products to the order form, hover the cursor over the shopping cart and then press the "Complete order with payment" button.
  • You will then see the shopping summary page, where you should check the correctness of your order, select the quantity of products ordered and choose your preferred method of delivery. To proceed to the next step, select the "Next" button.
  • Next, you need to enter your contact details and delivery address. The customer has the option of registering or logging in if they have an account with the Online Shop. Correct provision of data and acceptance of the terms and conditions is necessary to continue with the order.
  • In the next step, the Customer is obliged to check whether all the provided data are correct and change them if necessary.
  • Next, the selection of the method of delivery should be made.
  • In the next window, you will see the order confirmation and the choice of payment method. In this step, the customer has the opportunity to provide us with additional information.
  • If you choose to pay by PayU, you will see the information about the payment prepared. To make the payment, press the "Proceed to payment" button.
  • If payment by bank transfer is selected, the order information will be displayed again to allow the customer to verify it. To proceed further, press the "I confirm order" button. In the next window, the Customer has the possibility of downloading a proforma invoice and obtaining the data necessary for the transfer.

4a. In the course of filling in the order form, the Customer who is a natural person conducting business activity has the possibility of making a declaration whether the purchase being made is of a professional nature for him or her. Submitting a declaration on the professional nature of the contract (by ticking the appropriate option in the form) excludes the application of the provisions concerning Consumers contained in Chapters 4, 5a and 5b of the Act on Consumer Rights with regard to this Customer.

(5) If, for reasons attributable to the Customer (e.g. incorrect contact details), it is not possible to confirm the order within 4 working days of its placement, the Seller reserves the right to cancel the order. The Customer will be informed of the cancellation by email.

6th The moment the order is confirmed, the Sales Contract is concluded.

(7) Upon confirmation of the order, a confirmation of the conclusion of the distance contract will be sent to the e-mail address provided by the Consumer or Individual Entrepreneur containing:

  • order number,
  • information about the purchased Goods,
  • gross value of the order,
  • the method of communication between the Seller and the Consumer or sole trader,
  • data identifying the Seller,
  • method and date of payment,
  • method and date of delivery of the Goods by the Seller,
  • the procedure for dealing with complaints,
  • the method and time limit for exercising the right of withdrawal of the Consumer or Independent Trader from the distance contract,
  • the cost of returning the Goods to the Consumer or Independent Trader in the event of withdrawal,
  • the liability of the trader for the conformity of the performance with the contract as provided by law.

(8) In the case of the occurrence of objective circumstances beyond the Seller's control that prevent full or partial implementation of the placed order (e.g. permanent unavailability of the Goods at the manufacturer, force majeure), the Seller reserves the right to withdraw from the contract in whole or in part. In such a case, the Seller shall immediately inform the Customer of the circumstances and return the funds paid or offer the Customer other equivalent Goods.

(9) The purchased Goods are delivered to the address indicated by the Customer in the order form.

(10) The costs of transporting the Goods shall be borne by the Customer in accordance with the guidelines provided when confirming the order and in the summary of the Order in the shopping cart.

(11) In accordance with Article 545 §2 of the Civil Code, the Customer is obliged to check in the presence of the Supplier the completeness of the delivery and to verify that the Goods have not been damaged during transport. If any damage is found to the packaging or contents, a damage report must be drawn up immediately on the Supplier 's company form and the Seller must be notified immediately (within 24 hours).

12. If an employee of the Supplier refuses to wait for the shipment to be checked and this fact is noted in the shipping document (the shipment was not checked immediately after delivery) Customer should, within 24 hours, check the contents of the consignment and if any damage is found, make a report in the presence of a representative of the Supplier. After removing the packaging from the Goods, the integrity (absence of damage) and conformity of the goods with the order should be ascertained. In case of any doubts, refrain from using and contact the Seller. Keep the original packaging in which the Goods were delivered and a copy of the shipping document. Notification should be made by phone during working hours of the Seller and by e-mail. A representative of the Seller will contact the Customer immediately and inform him about the further procedure. 13.

(13) Depending on the Supplier, the Customer may be asked to bring the delivered Goods.

(14) In individual cases, as part of the Additional Service, the Seller may offer installation or training services concerning the Goods covered by the Sales Contract.

 

§ 6 Terms and forms of payment

(1) The following forms of payment are available in the Online Shop:

  • Payment in cash in case of personal collection at the Stationary Store.
  • Traditional transfer to the Seller's bank account.
  • Online payment through the operator Tpay, where the following are available: Quick bank transfer and BLIK. Payment cards (e.g. Visa, Mastercard). Deferred payment (PayPo). Instalment payments.
  • Deferred payment by bank transfer - an option available to public finance sector units, after prior contact and individual agreement with the Seller.

The Seller' s bank account number is as follows:

Alior Bank 17 2490 0005 0000 4500 7543 3965
Euro account PL50 249000050000460015763093

The bank account number is shown on the website of the Online Shop and is sent in the e-mail with the confirmation of the order.

(3) The processing of the order shall commence after the full price of the Goods has been credited to the Seller's account, with the exception of instalment or deferred payments. In such cases, the realisation begins respectively after the Seller receives confirmation of the granting of financing by an external operator or after the terms of deferred payment are individually agreed and accepted.

4th The Customer is obliged to pay for the ordered products within 7 days from the date of confirmation of the order by the Seller.

5th VAT invoices confirming the amount of purchase and specifying the purchased Products are sent by courier along with the Product or issued to the Customer in case of personal collection.

(6) In the event of any errors or mistakes, the Customer is obliged to immediately inform the Seller.

 

§ 7 Completion date

The lead time indicated in the description of the given Goods is an estimate. In the case of Goods manufactured to the Customer's order, imported or in a situation where the availability of the Goods at the manufacturer is limited, the estimated lead time will be agreed with the Customer immediately after the order is placed.

(2) In the case of Consumers, the absence of any indication of a specific delivery date at the time of concluding the contract means that the Goods should be delivered without undue delay, no later than within 30 days from the date of concluding the contract, in accordance with Article 543(1) of the Civil Code. In the event that the fulfilment of the order should be significantly prolonged beyond the originally indicated deadline, the Seller shall immediately inform the Consumer thereof, and the Consumer shall have the right to withdraw from the contract.

(3) The order lead time is counted from the date of receipt of payment for the Goods to the Seller 's bank account, unless the parties have agreed on deferred payment.

 

§ 8 Warranty and guarantee

(1) The complaint procedure may be implemented on the basis of the warranty provisions (the entitlement applies to the Consumer, Entrepreneur and Individual Entrepreneur) or the provisions referred to in Chapter 5a of the Act of 30 May 2014. on Consumer Rights (applicable to the Consumer and the Individual Entrepreneur).

(2) It is up to the Customer to choose the legal basis for his/her complaint.

(3) The entity responsible under the guarantee is the Manufacturer (for Whirlpool products) or the Seller (for other products). In order to exercise your rights under the guarantee, please follow the instructions in the guarantee document supplied with the product or contact the Guarantor. In the case of a guarantee provided by the Seller, details of the guarantee are specified in the guarantee document (guarantee card). 4.

(4) In case the Guarantor is the Seller, the guarantee document is delivered with the Goods. The terms and conditions of the Guarantee may also be made available on the website of the Seller. In case the Guarantor is the manufacturer, the warranty terms and conditions and the manner of its implementation are made available on the manufacturer's website.

(5) The warranty card and the instruction manual for the Goods may be placed in the package glued on the outside of the package of the delivered Goods or inside the package.

6th The Seller is responsible for the compliance of the performance with the contract.

(7) When the Customer is the Entrepreneur, the Seller 's liability under warranty resulting from the relevant provisions of the Civil Code is excluded on the basis of Article 558§1 of the Civil Code. The procedure for handling complaints in such a case results from the Guarantee document.

8th In the case of a warranty or guarantee complaint addressed to the Seller by the Customer, the Customer should fill in the complaint form located in the Technical Department and click on the link >>Click to report<< or directly at www.gastroprodukt.pl/dzial-techniczny#serwisForm.

9. The Seller shall be liable to the Consumer for any nonconformity of the Goods with the Sales Agreement existing at the time of their delivery and disclosed within twotwo years from that moment, unless the term of usefulness of the Goods, as determined by the Seller, his legal predecessors or persons acting on their behalf, is longer.

(10) The Goods shall comply with the Contract of Sale if, in particular, their:

(a) description, type, quantity, quality, completeness and functionality and, in relation to Goods with digital elements, also compatibility, interoperability and availability of updates,
(b) its suitability for the specific purpose for which it is needed by the Consumer or Independent Trader of which the Consumer or Individual Entrepreneur has notified the Seller at the latest at the time of conclusion of the Sales Contract and which the Seller has accepted.

(11) In addition, the Goods, in order to be deemed to be in conformity with the Sales Contract, must:

(a) be fit for the purposes for which Goods of that type are normally used, taking into account applicable laws, technical standards or good practice,
(b) be in such quantity and have such characteristics, including durability and safety and, in relation to Goods with digital elements - also such functionality and compatibility as are typical for a Good of that kind and which the Consumer may reasonably expect, taking into account the nature of the Goods and the public assurances made by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on labelling, unless the Seller demonstrates that:

  • he was not aware of the public assurance in question and, judging reasonably, could not have been aware of it,
  • prior to the conclusion of the Contract, the public assurance was rectified in the terms and form in which the public assurance was given, or in a comparable manner,
  • the public assurance did not influence the consumer' s decision to conclude the Sales Contract,

c) be supplied with such packaging, accessories and instructions as the Consumer may reasonably expect,
d) be of the same quality as the sample or design which the Seller has made available to the Consumer before the conclusion of the contract and correspond to the description of such sample or design,
e) The Seller shall not be liable for the lack of conformity of the Goods with the Sales Contract to the extent referred to in par. 9 and 10 above, if the Consumer, at the latest at the time of the conclusion of the Contract, has been expressly informed that a specific characteristic of the Goods deviates from the requirements of conformity with the Contract as specified in sec. 9 and 10 above, and has expressly and separately accepted the lack of a particular feature of the Goods.

(12) The Seller shall be liable for nonconformity of the Goods with the Contract of Sale resulting from improper installation of the Goods if:

(a) it has been carried out by or under the responsibility of the Seller,
b) the incorrect assembly carried out by the Consumer was due to errors in the instructions provided by the Seller or a third party (in case of Goods with digital elements).

(13) If the Goods do not comply with the Sales Agreement, the Consumer may request their repair or replacement.

14. The Seller may make a replacement when the Consumer demands repair, or the Seller may make a repair when the Consumer demands replacement, if bringing the Goods into conformity Goods to the Sales Agreement in a manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If the impossibility or unreasonable costs concern both repair and replacement, the Seller may refuse to bring the Goods into conformity with the Contract. In such a case, the Consumer may make a declaration of price reduction or withdrawal from the Contract, referred to in § 8.18 of the Terms and Conditions. When assessing the excessive costs for the Seller, all circumstances of the case shall be taken into account, in particular the importance of non-conformity of the Goods with the Sales Contract, the value of the Goods in conformity with the Sales Agreement and excessive inconvenience for the Consumer resulting from the change of the manner of bringing the Goods into conformity with the Sales Agreement.

(15) The Seller shall repair or replace the Goods within a reasonable time from the moment the Seller was informed by the Consumer of the non-conformity of the Goods with the Sales Contract.

(16) The cost of repair or replacement of the Goods shall be borne by the Seller. The Consumer is obliged to make the Goods subject to repair or replacement available to the Seller for the purpose of collection, which shall take place at the Seller's expense.

(17) If the Goods have been assembled before the nonconformity of the Goods with the Contract became apparent, the Seller disassembles the Goods and reassembles them after repair or replacement, or has these activities performed at his own expense.

(18) The Consumer may make a statement of price reduction or withdrawal from the Contract if the Goods are not in conformity with the Contract of Sale when:

(a) The Seller has refused to bring the Goods into conformity with the Sales Contract,
b) the Seller failed to bring the Goods into conformity with the Sales Contract,
c) the lack of conformity of the Goods with the Contract continues despite the fact that the Seller tried to bring the Goods into conformity with the Sales Contract,
d) the lack of conformity of the Goods with the contract is so significant that it justifies immediate reduction of the price or withdrawal from the Sales Contract,
e) it is evident from the Seller' s statement or circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience for the Consumer.

(19) The reduced price must remain in such proportion to the price under the Sales Contract as the value of the Goods not in conformity with the Sales Contract remains to the value of the Goods in conformity with the Sales Contract. Reimbursement of the amount due as a result of exercising the right to reduce the price shall be made no later than within 14 days of receipt of the Consumer' s declaration on price reduction.

(20) The Seller may not accept the declaration of the Consumer on withdrawal from the Sales Agreement if he demonstrates that the lack of conformity of the Goods with the Sales Agreement is insignificant.

(21) In the event of withdrawal from the Sales Contract , the Consumer shall immediately return the Goods to the Seller at the Seller 's expense. The Seller shall return the price no later than within 14 days from the date of receipt of the Goods or proof of their return.

(22) The Seller shall respond to the complaint within 14 days from the date of its submission.

(23) The person making the complaint, regardless of the basis, should immediately send the product covered by the complaint to enable the Seller to consider the complaint.

24th A complaint is considered by inspecting the circumstances reported by the Customer and assessing the validity of claims in accordance with generally applicable law or the terms and conditions of the guarantee.

(25) The Customer will receive a reply to the complaint by e-mail or in writing.

(26) The provisions of § 8 (9-21) of the Terms and Conditions also apply to the Individual Entrepreneur.

(27) In the case of certain goods, the Customer has the option to purchase an extended warranty in accordance with the information on the extended warranty tab.

 

§ Paragraph 9 Withdrawal from the contract for Customers who are Consumers or Individual Entrepreneurs

(1) Withdrawal from the contract by a Consumer or Individual Entrepreneur shall take place in accordance with the rules set out in the Act of 30 May 2014 on Consumer Rights.

2. The Consumer or Individual Entrepreneur, may withdraw from a contract concluded remotely without giving reasons and without incurring additional costs subject to § 9 item 4 and6, by submitting an appropriate declaration in writing within fourteen days, counting from the day on which the Consumer, Individual Entrepreneur or a third party other than the Supplier indicated by them takes possession of the Goods. Sending the declaration before the expiry of this period shall suffice to meet this deadline. The written declaration of exercise of the right of return may include the preferred form of return settlement.

3. In the event of withdrawal from the contract, the Seller is obliged to reimburse the Consumer or Individual Entrepreneur the cost of shipping the goods to the Consumer or Individual Entrepreneur being the cheapest cost of shipping the goods regardless of the method of shipping the goods previously chosen by the Consumer or Individual Entrepreneur.

(4) The Consumer or Individual Entrepreneur shall bear the direct costs of returning the Goods to the Seller.

5. In the event of withdrawal from the contract, the Consumer or Individual Entrepreneur is obliged to immediately, no later than 14 days from the day on which he or shewhich he or she has withdrawn from the contract, to send back the Goods to the Seller 's address, unless the Seller has offered to collect the Goods himself. To meet the deadline it is sufficient to send back the Product before its expiry.

(6) The Customer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.

(7) The Seller shall promptly, but not later than within 14 days from the date of receipt of the declaration of withdrawal from the Customer, return to the Consumer or Individual Entrepreneur the payments made by him. The payment shall be reimbursed using the same method of payment that theConsumer/Individual Entrepreneur used when making the payment. In the case of payment by payment card, the money will be refunded to the bank account of the payment card from which the purchase was made.

(8) The Seller may withhold reimbursement of payments received from the Consumer or Individual Entrepreneur until it has received the Goods back or the Consumer or Individual Entrepreneur has provided proof of return.

(9) The right of withdrawal shall not be granted to the Consumer who is a natural person conducting business activity, if, at the latest at the time of the conclusion of the contract, he has made a declaration that the contract is of a professional nature for him, or if the professional nature of the contract results directly from the content of the concluded contract (in particular from its subject matter).

 

§ 10 Final provisions

(1) In matters not regulated in this document, the relevant provisions of universally applicable law shall apply.

(2) The Seller reserves the right to change the Terms and Conditions in the event of changes in the law, rules of operation of the Internet or other important reasons. Purchases, the implementation of which began before the new Terms and Conditions came into force, will be carried out according to the rules of the previous version of the Terms and Conditions. The change is effective for users who have an account within 7 days of being informed of the change to the Terms and Conditions. The Purchaser may send his/her statement of acceptance or non-acceptance of the new Terms and Conditions by e-mail to biuro@gastroprodukt.pl or send his/her statement to the Seller's address. The Seller shall delete the account held by the Purchaser upon receipt of the statement of non-acceptance of the changes to the Terms and Conditions and shall inform him/her of this fact.

Third The information contained on the website www.gastroprodukt.pl does not constitute an offer within the meaning of Article 66 § 1 of the Civil Code.

4th Any disputes related to the services provided by FHU GastroProdukt will be settled by the common courts. The Customer who is a consumer has the possibility of using the out-of-court settlement of complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Regional Inspector of Trade Inspection in Krakow. Information on how to access the above-mentioned procedure and dispute resolution procedures can be found at the following address: www.uokik.gov.pl, under the tab "Resolving consumer disputes".