§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Disclaimers
Annex No. 1: Model withdrawal form

  • 1 DEFINITIONS

Business days – days from Monday to Friday, except public holidays in Poland.
Civil Code – the Act of 23 April 1964 – Civil Code.
Consumer – consumer within the meaning of the provisions of the Civil Code.
Buyer – any entity purchasing in the Store.
Privileged Buyer – Buyer who is a Consumer or an Eligible Entrepreneur.
Eligible Entrepreneur – a natural person entering into an agreement with the Seller directly related to their business activity, but not having a professional character for it.
Terms and Conditions – these Terms and Conditions.
Store – the online store www.gaz-bud.pl operated by the Seller at www.gaz-bud.pl
Seller
Gaz-Bud Pro Jakub Zborowski
01-318 Warsaw, 15 Doroszewskiego St., Apt. 9
Tax ID:  5222735609
REGON: 144414454
Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights.

  • 2 CONTACT WITH THE SELLER
  1. Company details:
    Gaz-Bud Pro Jakub Zborowski
    01-318 Warsaw, 15 Doroszewskiego St., Apt. 9
    Tax ID:  5222735609
    REGON: 144414454
  2. Email address: biuro@gaz-bud.
  3. Phone: 519 406 104
  • 3 TECHNICAL REQUIREMENTS
  1. For the Store to function properly, the following is required:
    • a device with Internet access
    • a web browser supporting JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements specified in para. 1, an active email account is required.
  • 4 SHOPPING IN THE STORE
  1. Product prices visible in the Store are the total prices for the product.
  2. The Seller draws attention to the fact that the total order price consists of the following indicated in the Store: the product price and, where applicable, the costs of delivering the goods.
  3. The product selected for purchase should be added to the cart in the Store.
  4. The Buyer then selects the delivery method and payment method for the order from the options available in the Store, and provides the data necessary to fulfill the placed order.
  5. The order is placed at the moment the Buyer confirms its contents and accepts the Terms and Conditions.
  6. Placing an order is equivalent to entering into an agreement between the Buyer and the Seller.
  • 5 PAYMENTS
  1. Depending on the Buyer's choice, the placed order can be paid for by:
    1. ordinary bank transfer to the Seller's bank account;
    2. by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    3. via a payment platform:
      • Przelewy24
    4. If the Buyer chooses advance payment, the order must be paid within 2 Business Days from placing the order.
    5. The Seller informs that in the case of payment methods where the field for entering the data necessary to fulfill the payment appears directly after placing the order, payment for the order is possible only directly after placing the order.
  • 6 ORDER FULFILLMENT
  1. The order fulfillment period is up to 2 Business Days.
  2. If the Buyer has chosen advance payment for the order, the Seller will proceed with order fulfillment after it is paid.
  3. Countries in which delivery is carried out:
    • Poland
    • Europe
    • After confirmation, also other countries in the world
  4. Products purchased in the Store are delivered via a courier company
  • 7 RIGHT OF WITHDRAWAL
  1. The Privileged Buyer has the right to withdraw from the agreement concluded with the Seller via the Store, subject to § 8 of the Terms and Conditions, within 14 days without stating any reason.
  2. The deadline for withdrawal expires 14 days after the day:
    1. on which the Privileged Buyer came into possession of the goods or on which a third party other than the carrier and designated by the Privileged Buyer came into possession of the goods;
    2. on which the Privileged Buyer came into possession of the last goods, batch, or part, or on which a third party other than the carrier and designated by the Privileged Buyer came into possession of the last goods, batch, or part, in the case of an agreement obliging the transfer of ownership of multiple goods that are delivered separately, in batches, or in parts.
  3. In order for the Privileged Buyer to exercise the right of withdrawal, they must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of their decision to withdraw by a clear statement (for example, a letter sent by post or email).
  4. The Privileged Buyer may use the model withdrawal form placed at the end of the Terms and Conditions, but this is not mandatory.
  5. To meet the deadline for withdrawal, it is sufficient for the Privileged Buyer to send information regarding the exercise of their right of withdrawal before the deadline expires.

    EFFECTS OF WITHDRAWAL
  6. In the event of withdrawal from the concluded agreement, the Seller shall refund the Privileged Buyer all payments received from them, including the costs of delivering the goods (except for additional costs resulting from the delivery method chosen by the Privileged Buyer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the Privileged Buyer's decision to exercise the right of withdrawal.
  7. The Seller will issue the refund using the same payment methods that were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to another solution; in any case, the Privileged Buyer will not incur any fees in connection with this refund.
  8. If the Seller has not offered to collect the goods from the Privileged Buyer themselves, they may withhold the refund until they receive the goods or proof of their return, depending on which event occurs earlier.
  9. The Seller requests that the goods be returned to the address: Szeligowska 7 m 31 immediately, and in any case no later than 14 days from the day on which the Privileged Buyer informed the Seller of the withdrawal from the sales agreement. The deadline is met if the Privileged Buyer returns the goods before the 14-day deadline expires.
  10. The Privileged Buyer bears the direct costs of returning the goods.
  11. The Privileged Buyer is only responsible for the reduction in the value of the goods resulting from using them in a manner other than as necessary to establish the nature, characteristics, and functioning of the goods.
  12. If the goods cannot be returned by post in the usual manner due to their nature, the Privileged Buyer will also have to bear the direct costs of returning the goods. The Privileged Buyer will be informed by the Seller of the estimated amount of these costs in the product description in the Store or during the placement of the order.
  13. In the event that a refund is required for a transaction made by the Privileged Buyer by payment card, the Seller will issue the refund to the bank account associated with that payment card.
  • 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
  1. The right of withdrawal from an agreement concluded at a distance, referred to in § 7 of the Terms and Conditions, does not apply to an agreement:
    1. in which the subject of the provision is non-prefabricated goods produced according to the Privileged Buyer's specifications or intended to satisfy their individualized needs;
    2. in which the subject of the provision is goods that are subject to rapid deterioration or have a short shelf life;
    3. in which the subject of the provision is goods delivered in sealed packaging that cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery;
    4. in which the subject of the provision is goods that, after delivery, due to their nature, become inextricably linked with other items;
    5. in which the subject of the provision is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
    6. for the delivery of journals, periodicals, or magazines, except for a subscription agreement;
    7. 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 expires.
  • 9 COMPLAINTS

I GENERAL PROVISIONS

  1. The Seller is liable to the Privileged Buyer for conformity of the provision with the agreement, as provided for by generally applicable laws, especially the provisions of the Consumer Rights Act.
  2. The Seller requests that complaints be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
  3. If a warranty has been provided for the product, information about it, as well as about its terms, is available in the Store.
  4. Complaints regarding the operation of the Store should be sent to the email address indicated in § 2 of the Terms and Conditions.
  5. The Seller will respond to the complaint within 14 days from the day of its receipt.

II PRIVILEGED BUYER

  1. Goods
    1. In the event of non-conformity of the goods with the agreement, the Privileged Buyer has the option to exercise the rights specified in Chapter 5a of the Consumer Rights Act.
    2. The Seller is liable for non-conformity of the goods with the agreement that exists at the time of their delivery and is discovered within two years from that time, unless the shelf life of the goods, specified by the Seller, its legal predecessors, or persons acting on their behalf, is longer.
    3. Based on the provisions of the Consumer Rights Act, the Privileged Buyer may in any case demand:
      1. replacement of the goods,
      2. repair of the goods.
    4. Additionally, the Privileged Buyer may submit a statement regarding:
      1. a price reduction,
      2. withdrawal from the agreement in the event that:
  1. the Seller refused to bring the goods into conformity with the agreement in accordance with Art. 43d para. 2 of the Consumer Rights Act;
  2. the Seller failed to bring the goods into conformity with the agreement in accordance with Art. 43d para. 4-6 of the Consumer Rights Act;
  3. non-conformity of the goods with the agreement persists despite the Seller's attempts to bring the goods into conformity with the agreement;
  4. non-conformity of the goods with the agreement is so significant that it justifies a price reduction or withdrawal from the agreement without prior use of the remedies specified in Art. 43d of the Consumer Rights Act;
  5. it is clear from the Seller's statement or the circumstances that they will not bring the goods into conformity with the agreement within a reasonable time or without excessive inconvenience to the Privileged Buyer.
  1. In the case of goods subject to repair or replacement, the Privileged Buyer should make the goods available to the Seller. The Seller collects the goods from the Privileged Buyer at their own expense.
  2. The Privileged Buyer cannot withdraw from the agreement if the non-conformity of the goods with the agreement is insignificant.
  3. In the event of withdrawal from the agreement referred to in this section (concerning goods), the Privileged Buyer shall return the goods to the Seller immediately at the Seller's expense, to the address 01-318 Warsaw, 15 Doroszewskiego St., Apt. 9
  4. The Seller shall refund the Privileged Buyer immediately, no later than 14 days from the day of receipt of the goods or proof of their return.
  5. The Seller shall refund the amounts due to the Privileged Buyer as a result of exercising the right to a price reduction immediately, no later than 14 days from the day of receipt of the Privileged Buyer's statement regarding the price reduction.
  1. Out-of-court methods of handling complaints and pursuing claims
    1. If the complaint procedure does not yield the result expected by the Consumer, the Consumer may use, among other options:
      1. mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
      2. the assistance of the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted to have the case heard by the arbitration court. As a rule, the procedure is free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
      3. free assistance from the municipal or county Consumer Ombudsman;
      4. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

III OTHER PURCHASERS OTHER THAN PRIVILEGED PURCHASERS

  1. To avoid any doubt, the Seller points out that the Seller's liability towards a Purchaser other than a Privileged Purchaser in connection with a complaint is subject to the provisions of § 11(5).
  • 10 PERSONAL DATA
  1. The Seller is the personal data controller for the personal data provided by the Purchaser when using the Store. Detailed information regarding the processing of personal data by the Seller – including other purposes and grounds for processing, as well as data recipients – is set out in the Privacy Policy available in the Store – in accordance with the principle of transparency contained in the general regulation of the European Parliament and of the Council (EU) on data protection – the "GDPR".
  2. The purpose of the Seller processing the Purchaser's data provided in connection with purchases in the Store is the fulfillment of orders. The grounds for processing personal data in this case are:
    • a contract or actions taken at the request of the Purchaser aimed at concluding it (Art. 6(1)(b) GDPR),
    • a legal obligation imposed on the Seller related to accounting (Art. 6(1)(c) GDPR), and
    • the Seller's legitimate interest in processing data for the purpose of establishing, exercising, or defending possible claims (Art. 6(1)(f) GDPR).
  3. The provision of data by the Purchaser is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will make it impossible to conclude the contract in the Store.
  4. The Purchaser's data provided in connection with purchases in the Store will be processed until:
    • the contract concluded between the Purchaser and the Seller ceases to apply;
    • the Seller ceases to be subject to a legal obligation requiring it to process the Purchaser's data;
    • the Purchaser or the Seller ceases to be able to pursue claims related to the contract concluded through the Store;
    • the Purchaser's objection to the processing of their personal data is accepted – where the ground for processing was the Seller's legitimate interest – depending on which applies in the given case and which occurs last.
  1. The Purchaser has the right to request:
    • access to their personal data,
    • rectification,
    • erasure,
    • restriction of processing,
    • transfer of data to another controller
      as well as the right:
    • to object at any time to the processing of data for reasons related to the Purchaser's special situation – regarding the processing of personal data concerning them based on Art. 6(1)(f) GDPR (i.e., on the legitimate interests pursued by the Seller).
  2. To exercise their rights, the Purchaser should contact the Seller using the details provided in § 2 of the Terms and Conditions.
  3. If the Purchaser considers that their data is being processed unlawfully, the Purchaser may lodge a complaint with the President of the Office for Personal Data Protection.
  • 11 RESTRICTIONS
  1. It is prohibited for the Purchaser to provide content of an unlawful nature.
  2. Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for a fixed term and for the purpose of fulfilling the order.
  3. Contracts concluded on the basis of the Terms and Conditions are concluded in Polish.
  4. In the event of a dispute with a Purchaser who is not a Privileged Purchaser, the court having jurisdiction over the Seller's registered office shall have jurisdiction.
  5. All liability of the Seller towards a Purchaser who is not a Privileged Purchaser is excluded to the extent permitted by law.

Annex No. 1 to the Terms and Conditions

Below is a model withdrawal form, which the Consumer or Privileged Entrepreneur may, but is not obliged to, use:

MODEL WITHDRAWAL FORM
(this form should be completed and returned only if the Consumer wishes to withdraw from the contract)

Gaz-Bud Pro
01-318 Warsaw, 15 Doroszewskiego St., Apt. 9


e-mail address: biuro@gaz-bud.pl

- I/We(*) ..................................................................... hereby inform(*) of my/our withdrawal from the sales contract for the following goods(*) / from the provision of the following service(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Date of conclusion of the contract(*)/collection(*)

..............................................................................................................................................................................

- Name and surname of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

- Address of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

..............................................................................................................................................................................

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Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if the form is sent in hard copy)

Date ............................................

(*) Delete as appropriate.