Gastroparts.com - Parti di ricambio per gastronomia

Terms

TABLE OF CONTENTS:

GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE SHOP
CONDITIONS FOR CONCLUDING A SALES CONTRACT
METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
COST, METHODS, AND DEADLINE OF PRODUCT DELIVERY
COMPLAINT HANDLING PROCEDURE
EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
RIGHT TO WITHDRAW FROM THE CONTRACT
PROVISIONS CONCERNING ENTREPRENEURS
PRODUCT REVIEWS
ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS
FINAL PROVISIONS
MODEL WITHDRAWAL FORM

This Online Shop Regulation has been prepared by lawyers from the Prokonsumencki.pl service. The Online Shop www.gastroparts.com cares about consumer rights. A consumer cannot waive the rights granted to them under the Consumer Rights Act. Contractual provisions less favorable to the consumer than those in the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply instead. Therefore, the provisions of this Regulation are not intended to exclude or limit any rights of consumers granted to them by absolutely binding legal provisions, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of this Regulation and the above-mentioned provisions, the latter take precedence and must be applied.

GENERAL PROVISIONS
1. The Online Shop available at www.gastroparts.com is operated by GASTROPARTS LIMITED LIABILITY COMPANY with its headquarters in Toruń (headquarters address and delivery address: ul. Józefa Nowaka 7-9, 87-100 Toruń); registered in the Register of Entrepreneurs of the National Court Register under KRS number: 0001010864; the registration court where the company's documentation is kept: District Court in Toruń, VII Commercial Division of the National Court Register; share capital of PLN 125,000.00; NIP: 9562275965; REGON: 340784260, email address: [email protected], and contact phone number: +48 657-00-66.
2. This Regulation is addressed to both consumers and entrepreneurs using the Online Shop, unless a specific provision of the Regulation states otherwise.
3. The administrator of personal data processed in the Online Shop in connection with the implementation of the provisions of this Regulation is the Seller. Personal data are processed for purposes, for the period, and based on the grounds and principles indicated in the privacy policy published on the Online Shop's website. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Shop, including the grounds, purposes, and period of processing personal data, as well as the rights of the data subjects, and information regarding the use of cookies and analytical tools in the Online Shop. Using the Online Shop, including making purchases, is voluntary. Similarly, providing personal data by the user of the Online Shop (Service Recipient or Client) is voluntary, subject to exceptions specified in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
4. Definitions:
  1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1–102).
  2. NEWS – Electronic Service, online blog available in the Online Shop for its Service Recipients, allowing them to browse posts of the Service Provider, particularly concerning its activities and offered Products.
  3. BUSINESS DAY – one day from Monday to Friday excluding statutory holidays.
  4. REGISTRATION FORM – a form available in the Online Shop enabling the creation of an Account.
  5. ORDER FORM – Electronic Service, interactive form available in the Online Shop enabling the placement of an Order, particularly by adding Products to an electronic cart and specifying the conditions of the Sales Contract, including the method of delivery and payment.
  6. CLIENT – (1) an individual with full legal capacity, and in cases provided by generally applicable laws, an individual with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality granted legal capacity by law – who has concluded or intends to conclude a Sales Contract with the Seller.
  7. CIVIL CODE – the Civil Code of April 23, 1964 (Journal of Laws of 1964 No. 16, item 93, as amended).
  8. ACCOUNT – Electronic Service, a collection of resources in the Service Provider’s IT system, marked with an individual name (login) and password provided by the Service Recipient, where data provided by the Service Recipient and information about their Orders in the Online Shop are stored.
  9. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via email, allowing all its Service Recipients to automatically receive periodic editions of the newsletter containing information about Products, news, and promotions in the Online Shop.
  10. ILLEGAL CONTENT – information that itself or by reference to an action, including the sale of Products or provision of Electronic Services, is not compliant with the law of the European Union or the law of any EU Member State, which complies with the law of the European Union, regardless of the specific subject or nature of that law.
  11. PRODUCT – (1) a movable item (including a movable item with digital elements, i.e., containing digital content or a digital service or combined with them in such a way that the absence of digital content or a digital service would prevent its proper functioning) or (2) a service (including a digital service and other than digital) subject to the Sales Contract between the Client and the Seller.
  12. REGULATION – this Online Shop regulation.
  13. ONLINE SHOP – the Service Provider's online shop available at www.gastroparts.com.
  14. SELLER; SERVICE PROVIDER – GASTROPARTS LIMITED LIABILITY COMPANY with its headquarters in Toruń (headquarters address and delivery address: ul. Józefa Nowaka 7-9, 87-100 Toruń); registered in the Register of Entrepreneurs of the National Court Register under KRS number: 0001010864; the registration court where the company's documentation is kept: District Court in Toruń, VII Commercial Division of the National Court Register; share capital of PLN 125,000.00; NIP: 9562275965; REGON: 340784260, email address: [email protected], and contact phone number: +48 657-00-66.
  15. SALES CONTRACT – (1) a sales contract for a Product (in the case of movable items and movable items with digital elements), (2) a contract for the delivery of a Product (in the case of digital content or a digital service), (3) a contract for the provision or use of a Product (in the case of a service other than digital and other Products) concluded between the Client and the Seller via the Online Shop.
  16. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Shop and not being a Product.
  17. SERVICE RECIPIENT – (1) an individual with full legal capacity, and in cases provided by generally applicable laws, an individual with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality granted legal capacity by law – using or intending to use the Electronic Service.
  18. CONSUMER RIGHTS ACT – the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).
  19. ORDER – the Client’s declaration of intent submitted via the Order Form aimed directly at concluding a Sales Contract for the Product with the Seller.
ELECTRONIC SERVICES IN THE ONLINE SHOP
1. The following Electronic Services are available in the Online Shop: News, Order Form, Account, and Newsletter.
2. Technical requirements necessary to cooperate 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) an up-to-date web browser: Mozilla Firefox; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1920x1080; (5) enabling cookies and Javascript support in the web browser.
3. The Service User is obliged to use the Online Shop in a manner consistent with the law and good customs, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service User is obliged to enter data consistent with the actual state. The Service User is prohibited from providing unlawful content, including Illegal Content.
4. Complaint procedure with regard to the Electronic Services is indicated in clause 6 of the Regulations.
CONDITIONS FOR CONCLUDING A SALES CONTRACT
1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with clause 2.1.2 of the Regulations.
2. The Product price or remuneration displayed on the Online Store is provided — according to the Customer's choice — in British pounds (£) [GBP]; Czech crowns (Kč) [CZK]; euros (€) [EUR]; Polish zlotys [PLN] or US dollars ($) [USD] — and includes taxes. The Customer is informed about the total price or remuneration, including taxes, the method of calculation if not reasonably foreseeable, delivery costs (including transport, delivery, or postal service fees), and any other costs, as well as obligations to pay them, on the Online Store pages, including during the Order placement and at the moment the Customer expresses a desire to enter into a Sales Agreement. In the case of a Sales Agreement for an indefinite period or involving a subscription, the Seller provides the total price or remuneration covering all payments for the billing period in the same manner, and if the Sales Agreement specifies a fixed rate, the total monthly payments are also included.
3. The procedure of concluding a Sales Contract in the Online Shop using the Order Form
  1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with clause 2.1.2 of the Regulations.
  2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller to the e-mail address provided at the time of placing the Order an e-mail, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.
4. The consolidation, security and access to the Customer the content of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in clause 3.3.2. of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Shop.
METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
1. The Seller provides the Customer with the following methods of payment under the Sales Contract:
  1. Cash on delivery.
    1. The payment method mentioned in point 4.1.1. of the Regulations is available only for Orders where the delivery address is located within the territory of the Republic of Poland.
  2. Payment by bank transfer to the Seller's bank account.
  3. Electronic payments and credit card payments via PayPal and Przelewy24 – all possible current payment methods are specified on the Online Shop website in the payment methods tab and on the websites https://www.paypal.com/pl and https://www.przelewy24.pl/.
    1. The settlement of transactions by electronic payments and credit cards is carried out in accordance with the Customer's choice. The support for electronic payments and credit card payments is provided by:
      1. PayPal – PayPal (Europe) S.a r.l. et Cie, S.C.A., 5th floor, 22-24 Boulevard Royal, L-2449 Luxembourg, Grand Duchy of Luxembourg, Registration number: R.C.S. Luxembourg B 118 349, VAT number: LU22046007.
      2. Przelewy24.pl - PAYPRO S.A., based in Poznań (address: ul. Pastelowa 8, 60-198 Poznań), registered in the National Court Register under number 0000347935, with records maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Economic Department of the National Court Register, share capital of 5,476,300.00 PLN fully paid, NIP: 7792369887, REGON: 301345068. The company is licensed to operate as a payment institution and is supervised by the Financial Supervision Authority (license number IP24/2014).
  4. Deferred payments.
    1. The payment is made in whole or in part from the funds from the loan granted by Sign in With Klarna - Klarna Bank AB company, company registration number: 556737-0431, registered office address: Sveavägen 46, 111 34 Stockholm, Sweden.
2. Payment deadline:
  1. If the Customer chooses to pay by bank transfer, electronic payment or payment by card, the Customer is obliged to make the payment within the deadline indicated on the invoice, which may usually be: 7, 14, 21 or 30 calendar days from the date of conclusion of the Sales Agreement.
  2. If the Customer chooses cash on delivery, the Customer is obliged to make the payment upon delivery.
COST, METHODS, AND DEADLINE OF PRODUCT DELIVERY
1. Delivery of the Product is available within the territory of the Republic of Poland and abroad.
2. The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website in the delivery costs tab and during the Order placement, including when the Customer expresses a desire to be bound by the Sales Contract.
3. The Seller provides the Customer with the following methods of delivery or collection of the Product:
  1. Courier parcel.
  2. Cash on delivery parcel.
    1. The delivery method referred to in point 5.3.2. of the Regulations is available only for Orders for which the delivery address is located within the territory of the Republic of Poland.
  3. Pallet shipment.
4. Delivery date of the Product to the Customer within the territory of the Republic of Poland is up to 7 Business Days, unless a shorter deadline is specified in the description of the Product or when placing the Order. In the case of Products with different delivery deadlines, the delivery deadline is the longest given deadline, which, however, cannot exceed 7 Business Days. The beginning of the delivery deadline of the Product to the Customer counts as follows:
  1. If the Customer chooses the method of payment by bank transfer, electronic or pay card payment - from the date of crediting the Seller's bank account or current account.
  2. If the Customer chooses cash on delivery payment - from the day of concluding the Sales Contract.
  3. If the Customer chooses the installment payment method - from the date the lender notifies the Seller about concluding a credit agreement with the Customer, but no later than the date the Seller's bank account is credited with funds from the loan granted to the Customer.
5. Delivery date of the Product to the Customer outside the territory of the Republic of Poland is up to 21 Business Days, unless a shorter deadline is specified in the description of the Product or when placing the Order. In the case of Products with different delivery deadlines, the delivery deadline is the longest given deadline, which, however, cannot exceed 21 Business Days. The beginning of the delivery deadline of the Product to the Customer counts as follows:
  1. If the Customer chooses the method of payment by bank transfer, electronic or pay card payment - from the date of crediting the Seller's bank account or current account.
  2. If the Customer chooses the installment payment method - from the date the lender notifies the Seller about concluding a credit agreement with the Customer, but no later than the date the Seller's bank account is credited with funds from the loan granted to the Customer.
COMPLAINT HANDLING PROCEDURE
1. This clause 6 of the Regulations defines the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the Seller’s running of the Online Shop.
2. A complaint can be made by the Customer, for example:
  1. in writing to the following address: Józefa Nowaka 7-9, 87-100 Toruń, Poland.
  2. in electronic form via e–mail to the following address: [email protected].
3. The Product may be sent or returned under the complaint to the following address: Józefa Nowaka 7-9, 87-100 Toruń, Poland.
4. It is recommended to provide in the description of the complaint: (1) the information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularities or non–compliance with the contract; (2) the request to bring the Product into compliance with the contract or a statement of price reduction or withdrawal from the Sales Contract, or other claim and (3) the contact details of the complainant – this will facilitate and speed up the consideration of the complaint. The requirements specified in the preceding sentence only take the form of recommendations and do not affect the effectiveness of the complaints filed without the recommended description of the complaint.
5. In the event of a change in the contact details provided by the complainant during the complaint consideration, they are obliged to notify the Seller about it.
6. The complaint may be accompanied by evidence (e.g., photos, documents, or the Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g., photos), if it facilitates and speeds up the consideration of the complaint by the Seller.
7. The Seller will respond to the complaint promptly, no later than within 14 calendar days from the date of its submission.
8. The basis and scope of the Seller's statutory liability are defined by generally applicable laws, in particular in the Civil Code, the Consumer Rights Act and the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended). Additional information regarding the Seller's liability for compliance of the Product with the Sales Contract provided for by law is indicated below:
  1. In case of the complaint of the Product – a movable item (including a movable item with digital elements) but excluding a movable item that serves only as a carrier of digital content – purchased by the Customer under the Sales Contract concluded with the Seller from January 1, 2023, are defined by the provisions of the Consumer Rights Act in the wording applicable from January 1, 2023, in particular art. 43a – 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non–compliance of the Product with the Sales Contract.
9. In addition to statutory liability, a guarantee may be granted for the Product - this is a contractual (additional) liability and can be used when a given Product is covered by the warranty. The warranty may be provided by an entity other than the Seller (e.g., by the manufacturer or distributor). Detailed conditions regarding liability under the guarantee, including the details of the entity responsible for the implementation of the guarantee and the entity authorized to use it, are available in the guarantee description, e.g., in the guarantee card or other place that relates to the guarantee. 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 measures on the part of the Seller and at the expense of the Seller, and that the guarantee does not affect these legal protection measures.
10. The provisions regarding a consumer contained in clause 6.8.1. of the Regulations shall apply also to the Customer/Service User who is a natural person concluding a contract directly related to their business, if the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
1. Out-of-court methods of resolving disputes include (1) allowing the parties to reconcile their positions, for example through mediation; (2) proposing a solution to the dispute, e.g., through conciliation; and (3) resolving the dispute and imposing its solution on the parties, e.g., as part of arbitration (arbitration court). Detailed information on using the extrajudicial method of dealing with complaints and pursuing claims, the rules of access to these procedures by the Consumer Customer, and a user-friendly search engine of 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/.
2. At the Office of the President of Competition and Consumer Protection, there is a contact point, whose task, among others, is providing consumers with information on extrajudicial dispute resolution. A consumer may contact the point: (1) by phone - by calling +48 22 55 60 332 or +48 22 55 60 333; (2) by e-mail - by sending a message to the following address: [email protected]; or (3) in writing or in person - at the Office's Head Office at Plac Powstańców Warszawy 1 in Warsaw (00-030), Poland.
3. A consumer has the following options for using extrajudicial methods of settling complaints and asserting claims: (1) an application to settle a dispute to a permanent amicable consumer court; (2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection; or (3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, via e-mail at [email protected] and at the consumer helpline number +48 801 440 220 (call center on Business Days, 8:00 - 18:00, call fee according to the operator's tariff).
4. An online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of contractual obligations arising from an online sales contract or a service contract (more information on the platform website itself or on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
RIGHT TO WITHDRAW FROM THE CONTRACT
1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in clause 8.7. of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract can be made, for example:
  1. in writing to the address: Józefa Nowaka 7-9, 87-100 Toruń, Poland;
  2. in electronic form via e–mail to the following address: [email protected];
  3. in electronic form via the form in the Account.
2. The return of the Product – movable items (including movable items with digital elements) as part of withdrawal from the contract may be made to the following address: Józefa Nowaka 7-9, 87-100 Toruń, Poland.
3. An exemplary template of withdrawal form is included in Attachment No. 2 to the Consumer Rights Act and is additionally available in clause 13 of the Regulations. The consumer can use the template form, but it is not obligatory.
4. The deadline for withdrawal from the contract begins:
  1. for the contract whereby the Seller releases the Product, being obliged to transfer its ownership (for example the Sales Contract) – from taking the Product into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract where: (1) many Products are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part or (2) when it consists in regular delivery of Products for a definite period – from taking possession of the first Product;
  2. for other contracts – from the date of contract conclusion.
5. In the event of withdrawal from a distance contract, the contract is considered null and void.
6. Product – movable items (including movable items with digital elements):
  1. The Seller is obliged immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, to return all payments made by the consumer, including the delivery costs of the Product – a movable item including a movable item with digital elements (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not cause any costs for them. In case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer themselves, they may withhold the reimbursement of payments received from the consumer until the receipt of the Product or the delivery by the consumer of a proof of its return, whichever occurs first.
  2. In case of Products – movable items (including movable items with digital elements) – the consumer is obliged immediately, no later than within 14 calendar days from the date on which they withdraw from the contract, to return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that they will pick up the Product themselves.
  3. The Consumer is liable for the decrease in the value of the Product – a movable item (including a movable item with digital elements) – as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
7. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to pay:
  1. In case of Products – movable items (including movable items with digital elements) – if the consumer has chosen the method of delivery of the Product other than the cheapest standard delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs paid by the consumer.
  2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the Product. In the case of products that cannot be returned by regular mail (oversized shipments), the consumer may incur higher costs of returning them, in accordance with the following sample price list of one of the carriers: https://www.sendit.pl/cennik/cenniki-krajowe/fedex.
  3. In the case of a Product – a service which performance – at the explicit request of the consumer – started before 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 fulfilled until the withdrawal. The payment amount is calculated proportionally to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
  1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer who has been informed before the performance of the service that they will lose their right of withdrawal once the contract has been fully performed by the Seller, and acknowledged that; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the service is a Product – movable item (including movable items with digital elements) – which is non–prefabricated, manufactured according to the consumer's specification or serving to satisfy their individual needs; (4) in which the subject of the service is a Product – movable item (including movable items with digital elements) – which is quickly deteriorating or has a short shelf–life time; (5) in which the subject of the service is a Product – movable item (including movable items with digital elements) – delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products – movable items (including movable items with digital elements) – which after delivery, due to their nature, are inseparably connected with other movable items including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Contract, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller should come to them for urgent repair or maintenance; if the Seller provides additional services other than those required by the consumer, or provides 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 respect of additional services or products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery; (10) for delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded through 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, sports or cultural events, if the contract designates a day or period of service; (13) for the delivery of digital content that is not stored on a tangible medium if the performance of the service started before the deadline to withdraw from the contract with the consumer's express consent after being informed by the Seller about the loss of the right to withdraw from the contract and after acknowledging that, and if the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to them for repair, and the service has already been fully performed with the express and prior consent of the consumer.
9. The provisions regarding a consumer contained in this clause 8. of the Regulations shall apply from January 1, 2021 and with regards to contracts concluded from that day also to the Customer/Service User who is a natural person concluding a contract directly related to their business, if the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
PROVISIONS CONCERNING ENTREPRENEURS
1. This clause 9. of the Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service User who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service User who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
2. The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
3. The Seller's liability under the warranty for the Product or non–compliance of the Product with the Sales Contract shall be excluded.
4. The Seller will respond to the complaint within 30 calendar days from the date of its receipt.
5. The Seller shall have the right to limit available payment methods, including the right to request a full or partial prepayment regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Contract.
6. The Service Provider may terminate a contract for the provision of an Electronic Service with immediate effect and without stating the reasons by sending an appropriate statement to the Service User.
7. The liability of the Service Provider/Seller to the Service User/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, not exceeding however the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service User/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller shall be liable to the Service User/Customer only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost profits. The Seller is also not responsible for delay in transporting the shipment.
8. All disputes arising between the Seller/Service Provider and the Customer/Service User shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider.
PRODUCT REVIEWS
1. The Seller does not give its Customers the opportunity to post and access opinions about the Products and the Online Store.
ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS
1. This section of the Regulations contains provisions arising from the Digital Services Act to the extent that they concern the Online Shop and the Service Provider. As a rule, the Service User is not obliged to provide content when using the Online Shop, unless the Regulations require the provision of specific data (e.g., data for placing an Order). The Service User may be able to add a review or comment in the Online Shop using the tools provided for this purpose by the Service Provider. The Service User is obliged to comply with the rules contained in the Regulations each time they provide content.
2. CONTACT POINT - The Service Provider designates the email [email protected] as the single point of contact. The contact point enables direct communication between the Service Provider and the authorities of the EU Member States, the European Commission, and the European Board for Digital Services, and at the same time enables the Users of the service (including Service Users) to communicate directly, quickly and in a friendly manner with the Service Provider electronically, for the purposes of applying the Digital Services Act. The Service Provider designates Polish and English languages for the purpose of communication with its contact point.
3. Illegal Content notice and action mechanisms as required by Article 16 of the Digital Services Act:
  1. To the e-mail address [email protected], any person or entity may report to the Service Provider the presence of certain information that the person or entity considers to be Illegal Content.
  2. The notification should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates submitting – to the e-mail address provided above – reports containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be illegal content; (2) a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content adapted to the type of content and to the specific type of service; (3) the name and email address of the individual or entity submitting the notice, except in the case of information involving one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; (4) a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.
  3. The notice referred to above shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 in respect of the specific item of information concerned where they allow Service Provider, acting diligently, to identify the illegality of the relevant activity or information without a detailed legal examination.
  4. If the report contains electronic contact details of the person or entity that made the report, the Service Provider shall, without undue delay, send such person or entity a confirmation of receipt of the report. The Service Provider shall also notify such person or entity of its decision with respect to the information to which the report relates, providing information on the possibility of appealing the decision.
  5. The Service Provider shall process any notices that they receive under the mechanisms referred to in paragraph 1 and take their decisions in respect of the information to which the notices relate, in a timely, diligent, non-arbitrary and objective manner. Where the Service Provider uses automated means for that processing or decision-making, they shall include information on such use in the notification referred to in the previous paragraph.
4. Information on the restrictions imposed by the Service Provider in connection with the use of the Online Shop, in relation to the information provided by Service Users:
  1. The Service User is bound by the following rules in the case of providing any content within the Online Shop:
    1. the obligation to use the Online Shop, including to post content (e.g., as part of reviews or comments), in accordance with its intended use, these Regulations, and in a manner consistent with the law and good practice, taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider and third parties.
    2. the obligation to provide content that is factually accurate and not misleading.
    3. prohibition on the provision of illegal content, including the prohibition on the provision of Illegal Content.
    4. prohibition of sending unsolicited commercial information (spam) via the Online Shop.
    5. prohibition of providing content that violates the generally accepted rules of netiquette, including content that is vulgar or offensive.
    6. the obligation to have – if necessary – all required rights and permissions to provide such content on the pages of the Online Shop, in particular copyrights or required licenses, permits, and consents for their use, distribution, sharing, or publication, in particular the right to publish and distribute in the Online Shop and the right to use and disseminate the image or personal data in the case of content, which includes the image or personal data of third parties.
    7. the obligation to use the Online Shop in a manner that does not pose a threat to the security of the Service Provider’s ICT system, the Online Shop, or third parties.
  2. The Service Provider reserves the right to moderate content provided by the Service Users to the Online Shop. Moderation is carried out in good faith and with due diligence and on the Service Provider’s own initiative or on the received notification in order to detect, identify and remove Illegal Content or other content that does not comply with the Regulations or to prevent access to them or to take the necessary measures to comply with the requirements of European Union law and the law of any EU Member State which is in compliance with European Union law, including the requirements set out in the DSA, or the requirements contained in the Regulations.
  3. The moderation process may be carried out manually by a human or be based on automated or partially automated tools to help the Service Provider identify Illegal Content or other content that does not comply with the Regulations. After identifying such content, the Service Provider makes a decision as to whether to remove or disable access to the content, or otherwise limit its visibility or take other actions that it deems necessary (e.g., contacts the Service User to clarify objections and change the content). The Service Provider shall inform the Service User who provided the content (if we have their contact details) in a clear and easily understandable manner about its decision, the reasons for making it, and the available options to appeal against this decision.
  4. The Service Provider shall act in a diligent, objective, and proportionate manner, with due regard to the rights and legitimate interests of all parties involved, including the fundamental rights of the Service Users enshrined in the Charter of Fundamental Rights of the European Union, such as the freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
5. Any comments, claims, complaints, appeals, or objections regarding the decision or other actions or lack of action by the Service Provider on the basis of the received notice or the Service Provider’s decision made in accordance with the provisions of these Regulations may be submitted in a procedure analogous to the complaint procedure indicated in clause 6 of the Regulations. This procedure is free of charge and allows you to submit complaints electronically to the e-mail address provided. The use of the notice and action mechanisms is without prejudice to the right of the person or entity concerned to bring proceedings before a court and does not affect its other rights.
6. The Service Provider shall consider any comments, claims, complaints, appeals, or objections regarding the decision or other actions or lack of action by the Service Provider on the basis of the received notice or the Service Provider’s decision in a timely, non-discriminatory, objective, and non-arbitrary manner. If the complaint or other report contains sufficient reasons for the Service Provider to believe that their decision not to take action in response to the complaint is unjustified or that the relevant information is not illegal and inconsistent with the Regulations, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision as to whether to remove or disable access to the content or otherwise reduce their visibility or take any other action it deems necessary.
7. Service Users, persons or entities who have reported Illegal Content, to whom the Service Provider’s decisions regarding Illegal Content or content inconsistent with the Regulations are addressed, have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the EU Member State to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved within the Service Provider’s internal complaints resolution system.
FINAL PROVISIONS
1. Contracts concluded via the Online Shop are concluded in Polish or English.
2. Change of Regulations:
  1. The Service Provider reserves the right to amend these Regulations for important reasons, i.e., changes in the law; changes in payment or delivery methods or dates, or being subject to a legal or regulatory obligation; changes in scope or form of Electronic Services being provided; adding new Electronic Services; the need to counteract an unforeseen and direct threat related to the protection of the Online Shop, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breach or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Regulations.
  2. Notification of proposed changes is sent in advance at least 15 days before the date of entry into force of these changes, with the reservation that the change may be introduced without the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation, pursuant to which they are obliged to change the Regulations in a way that prevents them from meeting the 15-day notification period; or (2) must, by way of exception, amend its Regulations to counteract an unforeseen and imminent threat related to the protection of the Online Shop, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breaches or other cybersecurity threats. In the last two cases referred to in the previous sentence, the introduction of changes takes place with immediate effect, unless it is possible or necessary to apply a longer deadline for introducing changes, of which the Service Provider notifies each time.
  3. In case of continuous contracts (e.g., the provision of Electronic Services - Account), the Service Recipient has the right to terminate the contract with the Service Provider before the expiry of the notification period of the proposed changes. Such a termination becomes effective within 15 days from the date of receipt of the notification. In the case of concluding a contract of a continuous nature, the amended Regulations bind the Service Recipient, if they have been properly notified of the changes, in accordance with the notification period before their introduction and have not terminated the contract during this period. In addition, at any time after receiving notification of changes, the Customer may accept the changes and thus resign from the further duration of the notification period. In the event of concluding a contract of a different nature than continuous contracts, the amendments to the Regulations will not in any way affect the rights acquired by the Service Recipient before the date of entry into force of the amendments to the Regulations, in particular the amendments to the Regulations will not affect Orders being submitted or already submitted and Sales Agreements concluded, implemented, or performed.
  4. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the current ones, the consumer has the right to withdraw from the contract.
3. Fulfilling the information obligation imposed on equipment distributors within the meaning of Art. 4 point 2 of the Act of September 11, 2015 on waste electrical and electronic equipment (Journal of Laws of 2015, item 1688, as amended):
  1. It is prohibited to place used electrical and electronic equipment (marked with the selective collection symbol) together with other waste. The holder of waste equipment from households is obliged to hand it over to a waste equipment collector or an entity authorized to collect waste equipment.
  2. The Seller is obliged to collect used equipment from households free of charge at its sales points, provided that the used equipment is of the same type and performed the same functions as the equipment sold.
  3. When delivering equipment intended for households to the Customer, the Seller is obliged to collect used equipment from households free of charge at the place of delivery of the equipment, provided that the used equipment is of the same type and performed the same functions as the delivered equipment. The desire to transfer used equipment to the Seller in the above-mentioned case can be reported in the comments to the Seller when placing the Order or immediately after placing the Order by the Customer to the e-mail address: [email protected].
  4. Without having to purchase new equipment, the customer may return used equipment from households, none of whose external dimensions exceed 25 cm, in any store with a sales area of at least 400 m2 devoted to the sale of equipment intended for households.
  5. The Seller may refuse to accept:
    1. used equipment which, due to its contamination, poses a threat to the health or life of people accepting the used equipment; and
    2. incomplete used equipment and parts from used equipment, the collection of which is prohibited in accordance with Art. 35 section 1 of the Act of September 11, 2015 on waste electrical and electronic equipment (Journal of Laws of 2015, item 1688, as amended).
  6. In the above cases, the Customer may transfer the used equipment to an appropriate waste equipment collection point or entity operating a processing facility.
  7. The Selective Municipal Waste Collection Point (PSZOK) in the city of Toruń is located at ul. Kociewska 35.
  8. Information about all waste equipment collection points throughout the country is available by using the search engine in the state register of entities - BDO at the following website: https://rejestrbdo.mos.gov.pl/Registry/Index?pageNumber=1&placeType=residenceOrBusinessAddress&t=1675268278907&tables=ActivityScope4Table2.
4. These Regulations do not exclude the laws of the country of habitual residence of the consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by a contract. In such a case, the Seller/Service Provider guarantees the consumer the protection afforded to them by provisions which cannot be excluded by a contract.
5. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the Consumer Rights Act; as well as other relevant provisions of generally applicable law.
MODEL WITHDRAWAL FORM
(ATTACHMENT NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)

(this form should be completed and sent back only if you wish to withdraw from the contract)

Addressee:

GASTROPARTS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Józefa Nowaka 7-9, 87-100 Toruń
gastroparts.com
[email protected]

Withdrawal Form

I/we (*) hereby inform about my/our withdrawal from the Sales Contract of the following goods (*) contract for the supply of the following goods (*) contract for a work involving production of the following goods (*) / for the provision of the following service (*)

The date of conclusion of the contract (*)/receipt (*) _____________________________________

Name and surname of the consumer(s)
______________________________________

Address of the consumer(s)
_______________________________________________

Signature of consumer(s) (only if the form is sent in a paper version)
_____________________________________________

Date
_____________________________________

(*) Delete as applicable

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Withdrawal Form