Regulamin sklepu internetowego

§ 1 GENERAL PROVISIONS

1. The www.grubygarage.com.pl store operates based on the principles set out in these Regulations.
2. The Regulations define the conditions for concluding and terminating Product Sale Agreements, the procedure for complaints, as well as the types and scope of services provided electronically by the www.grubygarage.com.pl store, the rules for providing these services, and the conditions for concluding and terminating electronic service agreements.
3. From the moment a Service Recipient undertakes actions aimed at using the Electronic Services of the www.grubygarage.com.pl store, they are obliged to comply with the provisions of these Regulations.
4. In matters not regulated by these Regulations, the following provisions apply:
   • the Act on providing services by electronic means of 18 July 2002,
   • the Consumer Rights Act of 30 May 2014,
   • the Act on out-of-court resolution of consumer disputes of 23 September 2016,
   • the Civil Code Act of 23 April 1964,
   • and other relevant provisions of Polish law.

§ 2 DEFINITIONS CONTAINED IN THE REGULATIONS

1. REGULATIONS - these store regulations.
2. STORE - The online store of the Service Provider operating at www.grubygarage.com.pl.
3. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Store.
4. CONTACT FORM - a form available on the website www.grubygarage.com.pl that allows sending a message to the Service Provider.
5. REGISTRATION FORM - a form available on the website www.grubygarage.com.pl that allows the creation of an Account.
6. ACCOUNT – a resource in the Service Provider's IT system marked with an individual name (login) and password, where the Service Recipient's data is collected, including information about placed Orders.
7. ORDER FORM – a form available on the website www.grubygarage.com.pl that allows placing an Order.
8. NEWSLETTER – an Electronic Service allowing the Service Recipient to subscribe and receive free information from the Seller about Products available in the Store to the provided email address.
9. SELLER, SERVICE PROVIDER – Hubert Figaś conducting business activity under the name GRUBYGARAGE HUBERT FIGAŚ registered in the Central Registration and Information on Business of the Republic of Poland maintained by the minister responsible for the economy, business address and address for service: ul. Łanowa 35F, 32-050 Skawina, Tax Identification Number (NIP): 6832102694, National Business Registry Number (REGON): 381753187, email: kontakt@grubygarage.com.pl, phone number: +48 799 361 007.
10. SERVICE RECIPIENT – a natural person, legal person, or organizational unit without legal personality to whom the law grants legal capacity using the Electronic Service.
11. CLIENT – a Service Recipient who intends to or has concluded a Sales Agreement with the Seller.
12. CONSUMER – a natural person who performs a legal act with an entrepreneur not directly related to its business or professional activity.
13. ENTREPRENEUR - a natural person, legal person, or organizational unit not being a legal person to whom the law grants legal capacity, conducting business or professional activity on their own behalf.
14. PRODUCT – a movable item or service available in the Store, which is the subject of the Sales Agreement between the Client and the Seller.
15. SALES AGREEMENT – a Sales Agreement of the Product concluded between the Client and the Seller via the Store.
16. ORDER - a declaration of the Client's will constituting an offer to conclude a Sales Agreement for the Product with the Seller.
17. PRICE – the value expressed in monetary units that the Client is obliged to pay to the Seller for the Product.

§ 3 INFORMATION ABOUT PRODUCTS AND THEIR ORDERING

1. The www.grubygarage.com.pl store conducts the sale of Products via the Internet.
2. The products offered in the Store are new, compliant with the agreement, and have been legally introduced to the Polish market.
3. Information found on the Store's website does not constitute an offer within the meaning of legal provisions. When placing an Order, the Client submits an offer to buy a specific Product under the terms given in its description.
4. The price of the Product shown on the Store's website is given in Polish zloty (PLN), euros (EUR), or Czech crowns (CZK) and includes all components, including VAT. The price does not include delivery costs.
5. The Product's price shown on the Store's website is binding at the moment the Client places the Order. This price will not change regardless of price changes in the Store that may occur concerning individual Products after the Client places the Order.
6. The Seller clearly informs Clients about unit prices and promotions and discounts on Product prices. Next to information about a Product's discount, the Seller displays the lowest Price for that Product, which was valid 30 days before introducing the discount. If the Product has been offered for sale for less than 30 days, the Seller displays the lowest Product Price valid from the day the Product was offered for sale until the discount was introduced.
7. Orders can be placed:
   • via the website using the Order Form (www.grubygarage.com.pl Store) - 24 hours a day throughout the year,
   • via email at: kontakt@grubygarage.com.pl,
   • by phone at: +48 799 361 007.
8. To place an Order, the Client is not required to register an Account in the Store.
9. A condition for placing an Order in the Store by the Client is reading the Regulations and accepting its provisions during the Order process.
10. Promotional products (sales) have a limited number of items, and Orders for them will be processed in the order they are received until the stock of a given Product runs out.

§ 4 CONCLUSION OF THE SALES AGREEMENT

1. To conclude a Sales Agreement, it is necessary for the Client to first place an Order using the methods provided by the Seller in accordance with § 3 points 7 and 9 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt.
3. The confirmation of Order acceptance, as mentioned in point 2 of this paragraph, binds the Client to his Order. The confirmation of Order receipt occurs through sending an email message.
4. The confirmation of Order receipt contains:
   • confirmation of all significant elements of the Order,
   • a withdrawal form,
   • these Regulations, which include instructions on the right to withdraw from the agreement.
5. Upon the Client's receipt of the email message mentioned in point 4 of this paragraph, a Sales Agreement is concluded between the Client and the Seller.
6. Each Sales Agreement will be confirmed with a proof of purchase, which will be attached to the Product and/or sent by email to the Client's email address provided in the Order Form.

§ 5 PAYMENT METHODS

1. The Seller provides the following payment methods:
   • payment by traditional bank transfer to the Seller's bank account,
   • payment via an electronic payment system (PayPal.com, PayU.pl, TPay.pl, Przelewy24.pl, Stripe.com),
   • payment upon receipt from the supplier, i.e., cash on delivery.
2. For payments made by traditional bank transfer, the deposit should be made to the bank account number: 76 1140 2004 0000 3502 7818 8736 (Bank mBank S.A.) GRUBYGARAGE HUBERT FIGAŚ, ul. Łanowa 35F, 32-050 Skawina, NIP: 6832102694. The transfer title should include "Order no. …".
3. For payments made via an electronic payment system, the Client makes the payment before the Order is processed. The electronic payment system allows payments to be made using a credit card or a quick transfer from selected Polish and foreign banks.
4. For cash on delivery payments, the shipment is sent after verifying the correctness of the address data. The Client is obligated to pay for the Order and collect the Product from the supplier.
5. The Client is obliged to pay the price under the Sales Agreement within 3 working days from the day of its conclusion, unless the Sales Agreement states otherwise.
6. In the case of choosing the payment methods described in points 1.1 and 1.2 of this paragraph, the Product will be shipped only after it has been paid for.

§ 6 COST, DEADLINE, AND METHODS OF PRODUCT DELIVERY

1. The cost of delivering the Product, covered by the Client, is determined during the order placement process and depends on the chosen payment method and the delivery method of the purchased Product.
2. The delivery time of the Product consists of the product assembly time and the delivery time of the product by the carrier:
   • the product assembly time ranges from 1 to 90 (depending on the information on the product card) working days from the moment:
3. of crediting the funds paid for the Sales Agreement to the Seller's account,
4. or positive authorization of the transaction by the electronic payment system,
5. or the acceptance of the Order for execution by the Seller in case of choosing cash on delivery payment,
   • delivery of Products, which are movable goods, by the carrier takes place within the time declared by it, i.e., from 1 to 5 working days from the moment of dispatching the shipment (delivery takes place only on working days, excluding Saturdays, Sundays, and holidays).
6. The Products purchased in the Store are shipped via a courier company.
7. The Client can also pick up the Products purchased in the Store in person after prior email or phone contact.

§ 7 PRODUCT COMPLAINT

1. Complaint under warranty.
   1. Selected Products offered in the Store come with a manufacturer's warranty valid in the Republic of Poland.
   2. The warranty period for Products is 12 months, counted from the day the Product is delivered to the Customer.
   3. The document entitling to warranty protection is a warranty card or proof of purchase.
   4. Warranty details, including the guarantor's data, detailed information about goods under warranty, data about the warranty period and conditions, and the Customer's rights under the warranty, are included in the warranty card provided with the Product or made available on the Store's website.
   5. The warranty does not exclude the Consumer's rights or those of the entity referred to in § 10 of the Regulations due to the Product's non-conformity with the Sales Agreement specified in the Consumer Rights Act. These rights are granted by law to the Consumer and the entity mentioned in § 10.
2. Complaint due to the Product's non-conformity with the agreement.
   1. The basis and scope of the Seller's liability to the Consumer or the entity mentioned in § 10 of the Regulations due to the Product's non-conformity with the agreement are specified in the Consumer Rights Act of 30 May 2014.
   2. Under Article 558 of the Civil Code, the Seller's warranty liability is excluded for the Customer being an Entrepreneur referred to in § 9.
   3. The Seller is liable to the Consumer or the entity mentioned in § 10 of the Regulations for the Product's non-conformity with the agreement at the time of delivery and revealed within 2 years from that moment unless the Product's expiration date specified by the Seller or persons acting on his behalf is longer.
   4. Notifications about the Product's non-conformity with the agreement and submitting a related request can be made via email to kontakt@grubygarage.com.pl or in writing to the address: Łanowa 35F, 32-050 Skawina.
   5. In the aforementioned message, either in written or electronic form, as much information and circumstances about the subject of the complaint should be provided, especially the type and date of the defect and contact details. This information significantly facilitates and accelerates the complaint's examination by the Seller.
   6. To assess the Product's non-conformity with the agreement, the Consumer or the entity mentioned in § 10 of the Regulations is obliged to provide the Product to the Seller, and the Seller is obliged to collect it at his expense.
   7. The Seller will address the Customer's request promptly, no later than within 14 days from its receipt.
   8. In the case of a complaint by a Consumer or an entity mentioned in § 10 of the Regulations, not addressing the complaint within 14 days of its submission is synonymous with its acknowledgment.
   9. A Consumer or an entity referred to in § 10 can first demand the Seller to replace or repair the Product. A price reduction and contract termination can be demanded only in cases indicated in the Consumer Rights Act of 30 May 2014 (e.g., when the Product's non-conformity with the agreement is significant, when the Seller refuses to conform the Product with the agreement, or when the non-conformity of the Product with the agreement still exists even though the Seller already tried to conform the Product with the agreement).
   10. In connection with a justified complaint by a Consumer or an entity mentioned in § 10 of the Regulations, the Seller appropriately:
       1. covers the costs of repair or replacement as well as re-delivering the Product to the Customer,
       2. reduces the Product's price (the reduced Price must remain in proportion to the price of the compliant product to the non-compliant product) and returns to the Consumer or the entity mentioned in § 10 the value of the reduced Price no later than within 14 days from receiving a statement about the price reduction,
       3. in case of contract termination, the Seller returns the Product Price to the Consumer or the entity mentioned in § 10 no later than within 14 days from the day of receiving the returned product or proof of its dispatch. In case of contract termination, the Consumer or the entity mentioned in § 10 is obliged to return the product to the Seller at the Seller's expense immediately.
   11. The response to the complaint is provided on paper or another durable medium, e.g., email or SMS.

§ 8 RIGHT OF WITHDRAWAL

1. Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Regulations, who has entered into a distance contract, may withdraw from it without giving any reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is sufficient to send the withdrawal form provided by the Store.
2. In case of withdrawal, the Sales Agreement is considered null and void, and the Consumer or the entity referred to in § 10 of the Regulations must return the Product to the Seller or hand it over to the person authorized by the Seller for collection immediately, but not later than 14 days from the day of withdrawal, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to send the Product back before its expiration.
3. In case of withdrawal from the Sales Agreement, the Product should be returned to the address: Łanowa 35F, 32-050 Skawina.
4. The Consumer or the entity referred to in § 10 of the Regulations is responsible for any decrease in the value of the Product resulting from its use beyond what is necessary to establish its nature, characteristics, and functioning, unless the Seller did not inform the Consumer or the entity referred to in § 10 about the right and deadline for withdrawal from the contract, and did not provide them with the withdrawal form template. To determine the nature, characteristics, and functioning of the Products, the Consumer or the entity referred to in § 10 of the Regulations should handle and inspect them in the same way as they could in a brick-and-mortar store.
5. Subject to points 6 and 8 of this paragraph, the Seller will refund the Product's value along with its delivery costs using the same payment method as the Consumer used, unless the Consumer or the entity referred to in § 10 of the Regulations explicitly agreed to a different method of refund that does not involve any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately, and no later than within 14 days from the date the Seller receives the withdrawal statement.
6. If the Consumer or the entity referred to in § 10 of the Regulations chose a delivery method for the Product other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by them.
7. If the Seller has not offered to collect the Product himself from the Consumer or the entity referred to in § 10 of the Regulations, he may withhold the payment received from the Consumer until the Product is returned or until the Consumer or the entity referred to in § 10 of the Regulations provides evidence of its return, whichever occurs first.
8. The Consumer or the entity referred to in § 10 of the Regulations, who withdraws from the Sales Agreement in accordance with point 1 of this paragraph, bears only the cost of returning the Product to the Seller.
9. The fourteen-day period within which the Consumer or the entity referred to in § 10 of the Regulations can withdraw from the contract is calculated as:
   1. for a contract where the subject of the service is a non-prefabricated Product, produced according to the Consumer's specifications or serving to satisfy their individualized needs - from the day on which the Consumer or the entity referred to in § 10 of the Regulations (or a third party other than the carrier indicated by them) took possession of the Product,
   2. for a contract that covers multiple Products that are delivered separately, in batches, or in parts - from taking possession of the last Product, its batch, or part,
   3. for a contract consisting of regular delivery of the Product for a specified period - from taking possession of the first of the Products,
   4. for other contracts - from the day of its conclusion.
10. The right to withdraw from a distance contract does not apply to the Consumer or the entity referred to in § 10 of the Regulations in the case of a Sales Agreement:
    1. where the subject of the service is a non-prefabricated product, produced according to the Consumer's specifications or serving to satisfy their individualized needs,
    2. where the subject of the service is a product delivered in sealed packaging, which cannot be returned for health protection or hygiene reasons if the packaging was opened after delivery,
    3. where the subject of the service are goods that, due to their nature, are inseparably mixed with other items after delivery,
    4. on the provision of services, for which the Consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the explicit and prior consent of the Consumer, who was informed before the start of the service that after the service is performed by the entrepreneur, they will lose the right to withdraw from the contract and accepted this,
    5. where the subject of the service is a product that deteriorates quickly or has a short shelf life.
11. The right to withdraw from the Sales Agreement applies to both the Seller and the Customer in case the other party fails to fulfill its obligation within a strictly defined deadline.

§ 9 PROVISIONS FOR ENTREPRENEURS (B2B)

1. This paragraph contains provisions related exclusively to entrepreneurs not covered by the protection resulting from the Consumer Rights Act referred to in § 10 of the Regulations.
2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from its conclusion. Withdrawal from the Sales Agreement in this case can occur without giving a reason and does not give rise to any claims on the part of the non-Consumer Customer against the Seller.
3. The Seller has the right to limit the payment methods available to Customers who are not Consumers, including requiring a prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.
4. The benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the non-Consumer Customer when the Seller hands over the Product to the carrier. In this case, the Seller is not responsible for the loss, damage, or destruction of the Product arising from the time of its acceptance for transport until its delivery to the Customer, as well as for a delay in transporting the shipment.
5. When sending the Product to the Customer via a carrier, the non-Consumer Customer is obliged to inspect the shipment in the manner and within the time frame typically accepted for such shipments. If they find that the Product was damaged or lost during transportation, they must take all necessary actions to determine the carrier's liability.
6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating reasons by sending the non-Consumer User a termination notice.

§ 10 PROVISIONS FOR ENTREPRENEURS WITH CONSUMER RIGHTS

1. An entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided by the Consumer Rights Act, provided that the contract concluded with the Seller is directly related to their business activity. However, based on the content of this contract, it is not of a professional nature for them, particularly resulting from the subject of their business activity.
2. The individual running a business, referred to in point 1 of this paragraph, is covered by protection only in the scope of:
   1. prohibited contract clauses,
   2. liability for non-compliance of the Product with the contract,
   3. the right to withdraw from a distance contract,
   4. rules concerning a contract for the supply of digital content or a digital service.
3. The entrepreneur referred to in point 1 of this paragraph loses their consumer protection rights if the Sales Agreement concluded with the Seller has a professional character, which is verified based on the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, especially the indicated Polish Classification of Activities codes.
4. Entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided for Consumers by district consumer rights spokespersons as well as the President of the Office of Competition and Consumer Protection (UOKiK).

§ 11 TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider enables the use of Electronic Services via the Store, such as:
   1. concluding Product Sales Agreements,
   2. maintaining an Account in the Store,
   3. Newsletter,
   4. sending a message through the Contact Form.
2. Providing Electronic Services to Users in the Store is done on the terms set out in the Regulations.
3. The Service Provider has the right to post advertising content on the Store's website. These contents are an integral part of the Store and the materials presented in it.

§ 12 TERMS OF PROVIDING AND CONCLUDING CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. The provision of Electronic Services specified in § 11 point 1 of the Regulations by the Service Provider is free of charge.
2. The period for which the contract is concluded:
   1. the contract for providing Electronic Services that allows placing an Order in the Store is concluded for a specified period and is terminated when an Order is placed or when the User stops placing it,
   2. the contract for the provision of Electronic Services consisting of maintaining an Account in the Store is concluded for an indefinite period. The contract is concluded when the User sends a completed Registration Form,
   3. the contract for the provision of Electronic Services consisting of using the Newsletter is concluded for an indefinite period,
   4. the contract for the provision of Electronic Services that allows sending a message to the Service Provider via the Contact Form is concluded for a specified period and terminates when the message is sent or when the User stops sending it.
3. Technical requirements necessary to cooperate with the IT system used by the Service Provider:
   1. computer (or mobile device) with Internet access,
   2. access to electronic mail,
   3. internet browser,
   4. enabling Cookies and Javascript in the web browser.
4. The User is obliged to use the Store in a manner consistent with the law and good customs, respecting the personal rights and intellectual property rights of third parties.
5. The User is obliged to enter data consistent with the actual state.
6. The User is prohibited from providing unlawful content.

§ 13 COMPLAINTS RELATED TO ELECTRONIC SERVICES

1. Complaints related to the provision of Electronic Services through the Store can be submitted by the User via email to: kontakt@grubygarage.com.pl
2. In the above email, as much information and circumstances related to the subject of the complaint should be provided, especially the type and date of occurrence of irregularities and contact details. The provided information will greatly facilitate and accelerate the complaint's consideration by the Service Provider.
3. The complaint is processed by the Service Provider immediately, no later than within 14 days from the date of notification.
4. The Service Provider's response to the complaint is sent to the User's email address provided in the complaint notification or in another way provided by the User.

§ 14 TERMS OF TERMINATION OF ELECTRONIC SERVICES CONTRACTS

1. Termination of the contract for the provision of Electronic Service:
   1. contracts for the provision of continuous and indefinite Electronic Services (Account management, Newsletter) can be terminated,
   2. The User can terminate the contract with immediate effect and without giving reasons by sending an appropriate statement via email to: kontakt@grubygarage.com.pl or by deleting the Account,
   3. The Service Provider can terminate the contract for the provision of continuous and indefinite Electronic Service if the User violates the Regulations, especially when delivering illegal content, after an unsuccessful prior request to cease infringements with a designated deadline. The contract in such a case expires after 7 days from the date of declaration of intent to terminate it (notice period),
   4. termination leads to the cessation of the legal relationship with future effect.
2. The Service Provider and the User can terminate the contract for the provision of Electronic Service at any time by mutual agreement.

§ 15 INTELLECTUAL PROPERTY

1. All content posted on the website at www.grubygarage.com.pl is protected by copyright and (subject to § 15 point 3 and elements posted by Users, used on the basis of a license, transfer of copyright or permitted use) are the property of Hubert Figaś conducting business under the name GRUBYGARAGE HUBERT FIGAŚ registered in the Central Register and Information on Economic Activity of the Republic of Poland run by the minister responsible for economy, place of business and delivery address: ul. Łanowa 35F, 32-050 Skawina, NIP: 6832102694, REGON: 381753187. The User bears full responsibility for any damage caused to the Service Provider as a result of using any content of the www.grubygarage.com.pl website without the consent of the Service Provider.
2. Any use by anyone, without the explicit written consent of the Service Provider, of any of the elements that make up the content and content of the www.grubygarage.com.pl website constitutes a violation of the copyright held by the Service Provider and results in civil and criminal liability.
3. All trade names, product names, company names, and their logos used on the Store's website at www.grubygarage.com.pl belong to their owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions, and photos presented on the Store's website at www.grubygarage.com.pl are used for informational purposes.

§ 16 FINAL PROVISIONS

1. Contracts concluded through the Store are made in accordance with Polish law.
2. In case of any inconsistency of any part of the Regulations with the applicable law, the relevant provisions of Polish law apply in place of the questioned provision of the Regulations.
3. All disputes arising from Sales Agreements between the Store and Customers will first be resolved through negotiations, aiming for an amicable settlement, taking into account the Act on out-of-court resolution of consumer disputes. However, if that would not be possible or would be unsatisfactory for any party, disputes will be resolved by a competent court, in accordance with point 4 of this paragraph.
4. Judicial dispute resolution:
   1. Any disputes arising between the Service Provider and the Service User (Customer) who is also a Consumer or an entity referred to in § 10 of the Regulations, will be submitted to the courts according to the provisions of the Civil Procedure Code of 17 November 1964,
   2. Any disputes arising between the Service Provider and the Service User (Customer) who is not a Consumer, referred to in § 9 of the Regulations, will be submitted to the court competent for the Service Provider's seat.
5. A Consumer Customer also has the right to use out-of-court dispute resolution methods, especially after the complaint procedure, by filing a request to initiate mediation or a request for the case to be considered by an amicable court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer can also benefit from free assistance of a district (municipal) consumer ombudsman or a social organization, whose statutory tasks include consumer protection. Out-of-court claims after the complaint procedure are free of charge.
6. For amicable dispute resolution, the Consumer may in particular submit a complaint via the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/.