I. General provisions
- The entity operating the online shop located at www.gabriella.pl, hereinafter referred to as the “Shop”, is Gabriella – Shops Sebastian Krajda, ul. Brukowa 13, 91-341 Łódź, Tax ID No: 9471981367.
- The Online Shop can be contacted via e-mail at firstname.lastname@example.org, or by phone at 537-515-150.
- These Terms and Conditions specify the rights and obligations of Customers, as well as the rights and obligations of the Seller as the entity which manages and operates the Online Shop.
- The Terms and Conditions are available in Polish at www.gabriella.pl.
- Customers must comply with copyright and rights arising from the registration of inventions, patents, trademarks, utility models and industrial designs.
The terms used herein shall have the following meanings:
- Shop – online shop operating under the address www.gabriella.pl, which sells products remotely.
- Owner – Gabriella – Shops Sebastian Krajda, ul. Brukowa 13, 91-341 Łódź, Tax ID No: 9471981367.
- Customer – every subject making a purchase from the Online Shop in accordance with the Terms and conditions, including the Consumer and Entrepreneur.
- User – every Internet user who visits the Shop’s website.
- Customer Account – a field containing data regarding existing transactions and an instrument used to complete orders placed by Customers.
- Newsletter – a service offered by the Online Shop for the benefit of Users who consent to receiving the Newsletter, consisting in the sending of information regarding the Online Shop’s operations to Users who voluntarily share their e-mail address, name and surname.
- Consumer – natural person engaging in legal transactions with the entrepreneur which are not directly related to that person’s economic or professional activity.
- Entrepreneur – natural person, legal person or an entity without a legal personality, engaging in legal transactions on its own behalf as part of an economic or professional activity.
- Business days – days of the week from Monday to Friday, with the exception of legal holidays.
- Terms and Conditions – the present document, which specifies the terms and rules of using the Online Shop and purchasing products.
- Registration – voluntary sharing of data by Customers, consisting in the filling out of a form available in the Shop.
III. Technical requirements to use the Online Shop
- In order to use the Shop, the Customer should possess:
- a device capable of transferring electronic data;
- access to the Internet;
- an e-mail address.
- Be advised that disabling cookies may impact the functionality of the Online Shop.
- More information regarding cookie files can be found in the Cookies Policy, available at www.gabriella.pl, and which constitutes an integral part hereof.
IV. Registration and logging in
- In order to create a Customer Account, the Customer registers an account by filling out the registration form with his or her e-mail address and password.
- The password used for logging into the Online Shop may contain letters, numbers and/or special characters. Every User has his or her own password. The password can be changed on the website by entering the e-mail address and a new password.
- Registering a User Account is free of charge.
- Registration is not required to place orders with the Online Shop. Terms and Conditions governing the placing of orders without registration can be found in point V section 9 hereof.
- The customer shall provide accurate data.
- By accepting these Terms and Conditions, the Customer declares as follows:
- my use of the services of the Online Shop is voluntary;
- the data contained in the form are accurate.
- The Customer shall not share his or her Online Shop account password with third parties.
- Registered Customers may:
- access their order status and history;
- receive individual discounts and special offer coupons;
- receive information regarding participation in special offers and contests;
- order Products;
- alter their data;
- change their password;
- check their orders.
- Orders can also be placed without registering on the Online Shop’s website via
- e-mail at email@example.com.
- Customers who choose methods specified in point 9, i.e. make a purchase without registration, must read and accept the Terms and Conditions sent by the Shop to the specified e-mail address.
- After registering, the Customer receives a confirmation e-mail at the specified e-mail address.
- Registration enables the Customer to log into the system.
- The Customer may not copy, modify or disseminate the content and photos of logos without prior consent of the copyright holder.
V. Processing orders
- The Online Shop is available 24 hours a day, 7 days a week, enabling Customers to place orders at any time, with the exception of maintenance breaks.
- The Online Shop confirms the orders via automatically-generated e-mail messages sent to Customers. These messages contain a proposed version of the sales agreement, in particular: order date and number, product data and payment method, data of the parties to the agreement, address, method and cost of delivery.
- If the proposed version of the sales agreement is not in accordance with the order placed by the Customer, the Customer should inform the Online Shop about this fact without delay via an e-mail message containing an indication of the inconsistencies. The Online Shop shall then send to the Customer a corrected version of the agreement.
- In the case of natural persons, only adults with the full capacity to perform acts in law may be Customers.
- Orders are placed in the following manner:
- selection of goods by adding them to cart;
- entering data into the registration form or logging in,
- payment method selection;
- order completion by clicking on the “Purchase and Pay” button;
- order confirmation via-email sent to the Customer;
- Registered Customers can check the status of their orders.
- The customer shall provide accurate data.
- When using one of the ordering methods specified in point 9 hereof, the Customer should specify:
- product name, size, colour and quantity;
- recipient name and surname;
- detailed delivery address;
- contact phone No;
- ordering party’s e-mail address.
- Order confirmation sent to the Customer contains:
- the data of the Online Shop, including its detailed mailing address, e-mail address and telephone number;
- product description;
- unit and total product price;
- order price = total product price + costs of performing the agreement (e.g. delivery costs);
- delivery method – including the delivery date and any delivery restrictions related to e.g. weight or location;
- account number for prepayment;
- information about the right to withdraw from the agreement without stating the reason within 14 days for Customers who are also Consumers;
- information about the right to warranty for Customers who are also Consumers;
- Products are shipped from an external warehouse located in Łódź. After transferring shipments to the carrier, the carrier e-mails Customers, informing them about the shipping.
VI. Payment method
- The Customer can choose from the following payment methods:
a) Paypal or PayU,
b) bank transfer,
c) cash on delivery.
- Product prices on the Online Shop’s website are given in PLN, USD, EUR, GBP and include taxes and charges. Product prices before clicking “add to cart” do not include costs of delivery or other additional charges. Delivery and payment costs are added to the total price of products ordered. The Customer shall be advised about any additional costs before ordering, e.g. costs of packaging.
- The final order value, which shall be binding for the Online Shop and the Customer, shall be the product price given on the Online Shop’s website before placing the order, including all costs related to performing the agreement.
- The information regarding the total order value (including delivery and payment costs) shall be made available before choosing the “Purchase and Pay” option, and shall be further confirmed in the e-mail message sent immediately to the e-mail address specified by the Customer.
- The Customer chooses the delivery method from those available on the Online Shop’s website, which include:
a) On the territory of Poland:
• K-EX courier
• Polish Post
• Parcel station
b) Outside of the territory of Poland:
• DPD courier
• Polish Post
- Delivery time varies between 1 to 3 business days from the moment of ordering, unless the delivery date has been specified for a particular day.
- The maximum delivery time to Consumers is 30 days. Should the period specified above be exceeded, the Consumer shall have the right to set an additional deadline for the seller. If the order is not delivered by that time, the Customer may withdraw from the agreement.
- Deliveries take place on business days, from Monday to Friday. On weekends and legal holidays, shipments shall not be delivered.
- The Online Shop shall be responsible for the risk of accidental loss or damage to the goods ordered until the moment the Consumer receives the goods, unless the Consumer chooses a different delivery method than those offered by the Online Shop.
- Courier shipments are insured.
- When receiving a shipment, the Customer may inspect the goods, and, in the case of any faults, fill out an appropriate form in the presence of the delivery agent. Filling out the form is not required to file a complaint or perform the right to withdraw from the agreement.
- Goods are shipped to addresses in Poland, EU.
IX. Right of withdrawal
This chapter applies to Customers who are also Consumers.
- The Consumer may withdraw from the agreement without stating the reason by submitting an appropriate declaration in any form within 14 days of delivery. The above date shall be considered met if the declaration is sent before the deadline to the following address: Gabriella - Shops Sebastian Krajda, ul. Brukowa 13, 91-341 Łódź, Tax ID No: 9471981367 or to firstname.lastname@example.org.
- In the case of remote agreements, such agreements shall be considered not concluded. That which has been provided by the parties shall be returned in its unaltered state. The return should take place without delay, within 14 days. The goods purchased shall be returned to the following address: Gabriella – Shops Sebastian Krajda, ul. Brukowa 13, 91-341 Łódź, Tax ID No: 9471981367.
- The Consumer shall be responsible for lowering the value of items as a result of using them in a manner different than what is necessary to determine their nature, features and functions.
- If, during the ordering process, the Consumer chooses a delivery method which is different that the least expensive, regular delivery method offered by the entrepreneur, the entrepreneur shall not be obliged to reimburse the additional costs incurred by the Consumer.
- The Consumer shall bear the costs of returning the goods as a result of exercising the consumer’s right, unless the Owner agrees to bear the costs or failed to inform the consumer about his or her right to withdraw from the agreement. The consumer shall return the goods within 14 days from the date of withdrawal, unless the entrepreneur offers to collect the item. The date shall be considered met if the goods are sent before the deadline expires.
- In the case of withdrawal from the agreement, the Owner shall reimburse the order value within 14 days of receiving the goods. The value shall be returned to the bank account number specified by the Consumer. The Owner shall issue a written confirmation of reimbursement. The Seller shall reimburse the payment using the method of payment used by the Consumer, unless the Consumer gave his or her express consent to a different method of reimbursement which does not incur any additional costs for the Consumer.
- The agreement withdrawal declaration template is available on the Online Shop’s website and constitutes an appendix hereto.
- Consumers are not entitled to withdraw from remote agreements in the following cases:
- services with characteristics specified by the Consumer in his or her order or closely related to the Consumer (e.g. bespoke orders)
- services the object of which are items which deteriorate rapidly or have a short shelf life;
- services the object of which are items delivered in sealed packaging, and which cannot be returned after opening due to health reasons or for hygienic reasons, if the packaging was opened after delivery;
- services the object of which are items which, due to their nature, become permanently combined with other items;
- services which are distinctly personalised.
X. Consumer’s right to warranty
- Products offered by the Online Shop are subject to a 24-month seller’s liability for lack of conformity of goods with the agreement. If the Consumer makes a claim to the Seller using the warranty within 12 months of product delivery, it shall be assumed that the fault in question existed at the moment of the issuing of the product.
- Complaints based on the liability of the seller for lack of conformity of goods with the agreement can be delivered e.g. by post to
the following address: Gabriella – Shops Sebastian Krajda, ul. Brukowa 13, 91-341 Łódź, Tax ID No: 9471981367.
or by e-mail at email@example.com.
- Complaints should include a detailed description of the type of non-conformity, the date of its appearance, the claim of the Consumer, order number and contact data, which will facilitate the complaint procedure.
- The Seller shall be exempt from warranty liability if the Consumer was aware of the fault at the moment the agreement was concluded.
- The Online Shop shall process complaints without delay, within 14 days of receiving a complaint filed by a Customer.
- Should the Customer receive no information about the result of the processing within the time limit specified in point 5 hereof, the complaint shall be considered accepted.
- In the case of justified complaints, Customers may demand that the Seller brings the product to a state which conforms with the agreement, that the product be repaired free of charge or exchanged for a new model, a price reduction, or may withdraw from the agreement. The Online Shop shall reimburse the price of the product. The Customer may not withdraw from the agreement if the fault is not material.
- Responses to claims are sent to the e-mail or mailing address specified by the Customer.
- The Customer shall be reimbursed the price of the product.
- A sample Complaint form is available on the order’s page and constitutes an appendix hereto. The right to warranty shall be excluded for Customers making purchases as Entrepreneurs.
XI. Customer personal data processing rules
XII. Newsletter service
- The Newsletter service consists in sending all information regarding the Shop’s activity via e-mail.
- The use of the Newsletter service by Customers is voluntary.
- Customers can subscribe to the Newsletter service by entering their e-mail address into the Newsletter field.
- The customer shall receive a confirmation e-mail, which will also contain the following information: “If you would like to unsubscribe to our Newsletter”.
- The Customer may unsubscribe to the Newsletter service at any time via e-mail or by changing his or her account settings.
XIII. Foreign sales
- The owner of www.gabriella.pl sells goods remotely to other countries of the EU.
- The sales terms specified herein are compliant with the rules binding in the EU and based on the provisions of Directive 83/11/WE. The Consumer shall be bound by laws appropriate to his or her place of residence (place from where he or she places the order). If the provisions of the third countries from which Consumers order goods from www.gabriella.pl are not compatible with the rules specified herein, then the provisions which are more favourable for the Consumer shall apply.
- The Terms and Conditions are available in Polish, English and German.
- Product prices found at www.gabriella.pl are given in PLN, USD, EUR and GBP.
- The method of converting the price of the goods purchased by the Customer (Consumer) from the Online Shop shall be dependent on the selected payment method, e.g. credit card or foreign currency transfer, and on the provisions of the agreement concluded in this regard between the Consumer and the bank.
- In the case of any issues regarding complaints, Consumers may seek help from the network of Consumer Centres. Information regarding the eligibility of Customers who are Consumers to the use of out-of-court complaint and claim settlement methods, as well as the rules governing the access to these procedures, are available in the registered seats and on the websites of consumer ombudsmen and social organisations whose statutory tasks include consumer protection.
- Any disputes regarding complaints can be resolved via the Online Disputes Resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr.
- The Owner shall be the Administrator of the personal data of Users who use the shop platform. Personal data processing rules are specified in chapter XI hereof. Third countries to which personal data is transferred shall possess appropriate data protection systems, pursuant to article 47 section 1 of the Act on personal data protection.
XIV. Other provisions
- The Terms and Conditions are available at: www.gabriella.pl.
- The Customer may view and download the contents of the Terms and Conditions to his or her Device and print them.
- Information regarding the eligibility of Customers who are Consumers to use out-of-court complaint and claim settlement methods, as well as the rules governing the access to these procedures, are available in the registered seats and on the websites of poviat (city) consumer ombudsmen and social organisations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection, as well as at the following addresses of the Office of Competition and Consumer Protection:
Customers who are Consumers shall possess, among others, the following options as regards out-of-court methods of settling complaints and claims:
- Permanent Consumer Arbitration Court at the Trade Inspection – requesting the settlement of a dispute arising from a sales agreement.
- Voivodeship inspector of the Trade Inspection – requesting mediation proceedings for the purpose of amicably settling a dispute between the Customer and the Shop;
- Poviat (city) consumer ombudsman or social organisation whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers); Advice offered by the Consumer federation available at the toll-free number of the consumer hotline (800 007 707) and by the Association of Polish Consumers at the following e-mail address: firstname.lastname@example.org;
- The Online Disputes Resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr;
- If the Customer is an entrepreneur, all disputes arising from the Terms and Conditions or sales agreements shall first be handled amicably by the Parties by negotiation or mediation, and, should the Parties fail to settle the dispute – by the Common Court having jurisdiction over the seat of the Owner.
- If the Customer is an Entrepreneur, the warranty liability shall be excluded.