TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE SHOP
- CONDITIONS FOR CONCLUDING A SALES CONTRACT
- METHODS AND DATES OF PAYMENT FOR THE PRODUCT
- THE COST, METHODS AND DELIVERY TIME AND THE RECEIPT OF THE PRODUCT
- PRODUCT COMPLAINTS
- EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE
PROCEDURES
- THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
- PROVISIONS CONCERNING ENTREPRENEURS
- FINAL PROVISIONS
- MODEL WITHDRAWAL FORM
These Terms of Use have been prepared by the lawyers of the Prokonsumencki.pl. The Online Shop www.gunmetalbullets.pl
takes care of consumer rights. The consumer can not waive the rights granted to him in the Consumer Rights
Act. The provisions of
contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid and, in
their place, apply the provisions
of the Act on Consumer Rights. Therefore, the provisions of these Terms of Use are not intended to exclude
or
limit any consumer rights
granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in
favour of the consumer. In case of
non-compliance of the provisions of these Terms of Use with the above provisions, the priority is given to
these provisions and should be
applied.
-
GENERAL PROVISIONS
- The Online Shop available at www.gunmetalbullets.pl is run by the company GMBR SPÓŁKA Z OGRANICZONĄ
ODPOWIEDZIALNOŚCIĄ based in Dąbrówka (registered office and correspondence address: ul. Komornicka
34A/6, 62-070
Dąbrówka); entered in the Register of Entrepreneurs of the National Court Register under KRS number
0000810505; the
registration court where the company’s documentation is kept: District Court Poznań – Nowe Miasto
and Wilda in Poznań, VIII
Economic Division of the National Court Register; share capital amounting to: PLN 5,000; NIP:
7773355080; REGON: 384706171; email
address: info@gunmetalbullets.pl.
- These Terms of Use are addressed both to the consumers and to the entrepreneurs using the Online
Shop
unless a section states
otherwise.
- The Controller of personal data processed in the Online Shop in connection with the implementation
of the provisions of these
Terms of Use is the Seller. The personal data are processed for purposes within the period and on
the
basis of the grounds and
principles set out in the privacy policy published on the Online Shop website. The
privacy policy contains primarily the rules for the
processing of personal data by the Controller in the Online Shop, including the basics, purposes and
the period of processing the
personal data and the rights of the persons to whom the data relate, as well as the information on
the use of cookie files and
analytical tools in the Online Shop. Using the Online Shop, including making purchases is voluntary.
Similarly, the provision of
personal data by the Service Recipient or the Customer using the Online Shop is voluntary, subject
to the exceptions indicated in
the privacy policy (conclusion of the contract and statutory duties of the Seller).
- Definitions:
-
BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
-
CONTACT FORM – Electronic Service, interactive form available in the Internet Shop, enabling
contact with the Service Provider.
-
ORDER FORM – Electronic Service, an interactive form available in the Online Shop that
allows you to place an Order, in particular
by adding Products to the electronic basket and defining the terms of the Sales Contract,
including the method of delivery and
the payment.
-
CUSTOMER – (1) a natural person with full legal capacity, and in the cases provided for by
the generally applicable regulations
also a natural person with limited legal capacity; (2) a legal person; or (3) an
organizational unit without legal personality for
which the law grants legal capacity; – who has concluded or intends to conclude a Sales
Contract with the Seller.
-
CIVIL CODE – Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93- with amendments).
-
ACCOUNT – Electronic Service, a set of resources in the Service Provider’s IT system marked
with an individual name (login) and
password provided by the Service Recipient, in which are collected the data provided by the
Service Recipient and the
information about Orders placed in the Online Shop.
-
NEWSLETTER – Electronic Service, electronic distribution service provided by the Service
Provider via e-mail, which allows all
Service Recipients using it to receive automatically from the Service Provider cyclical
content of subsequent editions of the
newsletter containing the information about the Products, new editions and promotions in the
Online Shop.
-
PRODUCT – a movable item available in the Online Shop being the subject of the Sales
Contract between the Customer and the
Seller.
-
TERMS OF USE – these Terms of Use of the Online Shop.
-
ONLINE SHOP – online shop of the Service Provider available at the Internet address:
www.gunmetalbullets.pl
-
SELLER; SERVICE PROVIDER – the company GMBR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in
Dąbrówka
(registered office and correspondence address: ul. Komornicka 34A/6, 62-070 Dąbrówka);
entered in the Register of
Entrepreneurs of the National Court Register under KRS number 0000810505; the registration
court where the company’s
documentation is kept: District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII
Economic Division of the National Court
Register; share capital amounting to: PLN 5,000; NIP: 7773355080; REGON: 384706171; e-mail
address: info@gunmetalbullets.pl.
-
SALES CONTRACT– the Product sales contract which is being concluded or have been concluded
between the Customer and the
Seller via the Online Shop.
-
ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the
Service Recipient via the Online Shop.
-
SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for
by generally applicable regulations
also a natural person with limited legal capacity; (2) a legal person; or (3) an
organizational unit without legal personality, for
which the law grants legal capacity; – using or intending to use the Electronic Service.
-
CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Dz.U. 2014 poz. 827 with
amendments)
-
ORDER – Customer’s declaration of intention submitted via the Order Form and aimed directly
to conclude the Product Sales
Contract with the Seller.
-
ELECTRONIC SERVICES IN THE ONLINE SHOP
-
The following Electronic Services are available in the Online Shop: Account, Order Form, Newsletter
and Contact Form.
-
Account – the use of an Account is possible during the submission of the Order by ticking
the appropriate checkbox in the Order
Form. In order to use an Account, it is necessary to provide data identical to that required
in the Order Form. For the sake of
completeness, the Customer must provide the following data in order to use an Account: first
and last name / company name,
address (street, house / flat number, postal code, city, country), e-mail address, contact
telephone number and password. In the
case of Service Recipients who are not consumers, it is also necessary to provide their
company name and NIP number.
-
The Electronic Account service is provided free of charge for an indefinite period.
The Service Recipient has the option, at any
time and without giving any reason, to delete the Account (resignation from the
Account) by sending a relevant request to the
Service Provider, in particular via e-mail to the following address:
info@gunmetalbullets.pl or in writing
to: Komornicka 34A/6,
62-070 Dąbrówka, Poland.
-
Order Form – using of the Order Form begins with adding the first Product to the electronic
basket by the Customer in the Online
Shop. Placing an Order takes place after the Customer has completed two subsequent steps –
(1) completing the Order Form and
(2) clicking on the Online Shop website after completing the Order Form
„Place an order” field – up to that moment it is possible
to modify independently all entered data (for this purpose, follow the displayed messages
and information available on the
Online Shop website). In the Order Form, it is necessary for the Customer to provide the
following data about the Customer:
name and surname / company name, address (street, house / flat number, zip code, city,
country), the e-mail address, the
contact telephone number and details of the Sales Contract: Product (s), amount of Product
(s), place and method of delivery of
the Product (s), the method of payment. In the case of Customers who are not consumers, it
is also necessary to provide the
company name and the tax identification number.
-
The Order Form Electronic Service is provided free of charge, is single-use in
nature and is concluded upon placement of an Order
via the Form or upon earlier discontinuation of placing the Order by the Service
Recipient.
-
Newsletter – using the Newsletter takes place after providing the e-mail address in the
“Newsletter” tab visible on the Online Shop
website, to which further editions of the Newsletter are to be sent and clicking the action
field. You can also subscribe to the
Newsletter by checking the appropriate checkbox when creating an Account – once the Account
is created, the Service Recipient
is subscribed to the Newsletter.
-
The Newsletter Electronic Service is provided free of charge for an indefinite
period. The Service Recipient has the option, at any
time and without giving reasons, to unsubscribe from the Newsletter (resignation
from the Newsletter) by sending a relevant
request to the Service Provider, in particular via e-mail to the following address:
info@gunmetalbullets.pl or in writing
to the
following address: Komornicka 34A/6, 62-070 Dąbrówka, Poland.
-
The Contact Form can be used after (1) going to the „Contact” tab on the
Online Shop
website, (2) filling in the Contact
Form and (2) clicking the „Send Form” field – until this point it is possible
to modify the
data entered. In the Contact Form it is necessary for the Customer to provide the following
data: name and surname, electronic mail address,
contact telephone number, title and content of the message addressed to the Service
Provider.
-
The Electronic Service Contact Form is provided free of charge and has a one-time
nature and
terminates at the
moment of sending a message through it or at the moment of earlier termination of
its use by
the Customer.
-
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) the access to e-mail; (3) an up-to-date web browser:
Mozilla Firefox; Internet Explorer;
Opera; Google Chrome; Safari or Microsoft Edge; (4) enabling cookies and Javascript support in the
web browser.
-
The Service Recipient 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 Recipient is obliged to
enter data consistent with the actual state. The Service Recipient is prohibited from providing
unlawful content.
-
Complaint procedure with regard to the Electronic Services:
-
The complaints related to the provision of Electronic Services by the Service Provider and
other complaints related to the
operation of the Online Shop (excluding the complaint procedure of the Product, which is
indicated in items 6 and 7 of the
Terms of Use) the Serwice Recipient may submit, for example:
-
in writing to the address: Komornicka 34A/6, 62-070 Dąbrówka, Poland;
-
in electronic form via e-mail to the following address: info@gunmetalbullets.pl.
-
It is recommended that the Service Recipient provides in the description of the complaint:
(1) information and circumstances
regarding the subject of the complaint, in particular the type and date of occurrence of the
irregularity; (2) the Service Recipient’s
request; and (3) the contact details of the complaining party – this will facilitate and
speed up the consideration of the complaint
by the Service Provider. The requirements specified in the preceding sentence take the form
of recommendations only and do
not affect the effectiveness of complaints filed without the recommended description of the
complaint.
-
The response to the complaint by the Service Provider takes place immediately, not later
than within 14 calendar days from the
date of its submission.
-
CONDITIONS FOR CONCLUDING A SALES CONTRACT
-
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 Terms of Use.
-
The Product price shown on the Online Shop website is given in Polish zlotys (PLN) and includes
taxes. The Customer is informed of
the total value of the Product included in the Order, as well as of the delivery costs (including
fees for transport, delivery and postal
services) and other costs, or the obligation to pay those costs, if the value of those fees cannot
be determined, on the Online Shop’s
website during placement of the Order, as well as at the moment of the Customer’s expression of will
to enter into a Sales
Contract.
-
The procedure of concluding a Sales Contract in the Online Shop using the Order
Form
-
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 Terms of Use.
-
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.
-
The consolidation, security and access to the Customer the kontent of the Sales Contract concluded
by the Customer is effected by
(1) providing these Terms of Use on the Online Shop website and (2) sending the e-mail message
referred to in clause 3.3.2. of the
Terms of Use. The content of the Sales Contract is additionally recorded and secured in the IT
system
of the Seller’s Online Shpop.
-
METHODS AND DATES OF PAYMENT FOR THE PRODUCT
-
The Seller provides the Customer with the following methods of payment under the Sales Contract:
-
Payment by bank transfer to the Seller’s bank account.
-
Payment deadline:
-
If the Customer chooses payment by bank transfer, the Customer is obliged to make the
payment within 7 calendar days from the
day of concluding the Sales Contract.
-
THE COST, METHODS AND DELIVERY TIME AND THE RECEIPT OF THE PRODUCT
-
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 expreses a will to be
bound by the Sales Contract.
-
Personal collection of a Product by the Customer is free of charge.
-
The Seller provides the Customer with the following methods of delivery or collection of the
Product:
- Postal parcel.
- Courier parcel.
- Palletised consignment.
- Personal collection available at: Komornicka 34A/6, 62-070 Dąbrówka, Poland – in Business
Days, between 9 a.m. and 5 p.m.
-
The deadline for delivery of the Product to the Customer 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, can not exceed 7 Business Days. The
beginning of the delivery deadline of
the Product to the Customer counts as follows:
-
If the Customer chooses the method of payment by bank transfer – from the date of crediting
the Seller’s bank account or current
account.
-
The deadline for readiness of the Product to be picked up by the Customer – if the
Customer selects
a personal Product collection,
the Product will be ready to be picked up by the Customer within 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
deadline of readiness for collection, the
deadline of readiness for collection is the longest given deadline, which, however, can not exceed 7
Business Days. The Customer
will be additionally informed by the Seller about the readiness of the Product to be collected by an
appropriate e-mail sent to the
Customer’s e-mail address provided when placing the Order. The beginning of the deadline for the
readiness to collect the Product
counts as follows.
-
If the Customer chooses the method of payment by bank transfer – from the date of crediting
the Seller’s bank account or current
account.
-
PRODUCT COMPLAINTS
-
The basis and scope of the Seller’s liability towards the Customer, if the sold product has a
physical or legal defect (warranty) are
defined by generally applicable laws, in particular in the Civil Code (in particular in Articles
556-576 of the Civil Code).
-
The Seller is obliged to provide the Customer with a Product without defects.
-
A complaint can be made by the Customer, for example:
-
in writing to the following address: Komornicka 34A/6, 62-070 Dąbrówka, Poland;
-
in electronic form via e-mail to the following address: info@gunmetalbullets.pl
-
It is recommended that the Customer provides 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 defect; (2) the
request to bring the Product into
compliance with the Sales Contract or a statement of price reduction or withdrawal from the Sales
Contract; and (3) the contact
details of the complainant – this will facilitate and speed up the consideration of the complaint by
the Seller. 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.
-
The Seller will consider the Customer’s complaint promptly, no later than within 14 calendar days
from the date of its submission. If
the Customer who was a consumer, exercising their rights under the warranty, demanded a replacement
or a defect removal, or
made a price reduction statement, specifying the amount by which the price is to be reduced and the
Seller did not respond to the
request within 14 calendar days, it is considered that the request was justified.
-
The customer who exercises the rights under the warranty is obliged to deliver the defective Product
to the following address:
Komornicka 34A/6, 62-070 Dąbrówka, Poland, for example. In the case of a Customer who is a consumer,
the cost of delivery of the
Product shall be borne by the Seller. If, due to the type of the Product or the method of its
installation, the delivery of the Product
by the Customer who is a consumer would be excessively difficult, the Customer is obliged to make
the Product available to the
Seller in the place where the Product is.
-
Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under warranty for the
Product to
the Customer who is not a
consumer shall be excluded.
-
EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES
OF ACCESS TO THESE PROCEDURES
-
The detailed information on using the extrajudicial method of dealing with complaints and pursuing
claims as well as the rules of
access to these procedures by the Customer who is a consumer are available on the website of the
Office of Competition and
Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
-
At the the Office of the President of Competition and Consumer Protection there is a contact point
(phone: 0048 22 55 60 333,
email: kontakt.adr@uokik.gov.pl or a written address:
Pl. Powstańców Warszawy 1, 00-030 Warsaw.),
whose task, among others, is
the provision of assistance for the consumers in matters relating to the extrajudicial solving of
consumer disputes.
-
A consumer has the following options of using extrajudicial methods of settling complaints and
asserting claims: (1) an application
to settle a dispute to a permanent amicable consumer court (for more information, please visit:
http://www.spsk.wiih.org.pl); (2)
an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the
Trade Inspection (more
information on the website of the inspector competent for the place of the economic activity of the
Seller); and (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). The advice is provided, among
others, via e-mail at
porady@dlakonsumentow.pl and at the consumer helpline number 0048 801 440 220 (call center on
Business Days, 8:00 – 18:00,
call fee according to the operator’s tariff).
-
An online platform for settling disputes between the consumers and the entrepreneurs at the EU level
(ODR platform) is available
at http://ec.europa.eu/consumers/odr. The ODR
platform is an interactive and multilingual website
with a one-stop shop for the
consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations
arising from an online sales
contract or a service contract (more information on the platform website itself or on the Internet
site of the Office of Competition
and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
-
THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
-
A consumer who has concluded a distant contract may, within 14 calendar days, withdraw from it
without giving a reason and
without incurring costs, except for the costs specified in clause 8.8 of the Terms of Use. 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:
-
in writing to the address: Komornicka 34A/6, 62-070 Dąbrówka, Poland;
-
in electronic form via e-mail to the following address: info@gunmetalbullets.pl.
-
An exemplary template of withdrawal form is included in Enclosure no 2 to the Consumer Rights Act
and is additionally available in
clause 11 of the Terms of Use. The consumer can use the template form, but it is not obligatory
-
The deadline for withdrawal from the contract begins:
-
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;
- for other contracts – from the date of contract conclusion.
-
In the event of withdrawal from a distant contract, the contract is considered null and void.
-
The Seller is obliged immediately, not 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, consumer the delivery
costs of the Product (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 him. If the Seller has not
offered to collect the Product from the consumer themself, 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.
-
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 themself. To meet the deadline, it is enough to return
the Product before its expiry.
The consumer may return the Product to the following address: Komornicka 34A/6, 62-070 Dąbrówka,
Poland.
-
The Consumer is liable for the decrease in the value of the Product 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.
-
Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged
to pay:
-
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.
- The consumer bears the direct costs of returning the Product.
-
In the case of a Product being 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.
-
The right to withdraw from a distant contract is not available to the consumer in relation to
contracts:
-
(1) for the provision of services, if the Seller has fully provided the service with the
express consent of the consumer who has
been informed before the performance of the service that they will lose the right to
withdraw from the contract after the
performance of the service by the Seller; (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 non-prefabricated Product, 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 that is quickly
deteriorating or has a short shelf-life time;
(5) in which the subject of the service is a product delivered in a sealed package, which
after opening the packaging can not 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 which after delivery, due to their nature, are inseparably connected
with other items; (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 which
delivery may take place only after 30 days and which 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 other than spare parts
necessary to perform the repair or maintenance, the right to withdraw from the contract is
granted to the consumer 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 fulfillment of the service started
with the consumer’s express consent
before the deadline to withdraw from the contract and after being informed by the Seller
about the loss of the right to withdraw
from the contract.
-
The provisions regarding the consumer contained in this clause 8 of the Terms of Use shall apply
from
January 1, 2021 and with
regards to contracts concluded from that day also the Customer/Service Recipient 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).
-
PROVISIONS CONCERNING ENTREPRENEURS
-
This clause 9 of the Terms of Use and all provisions contained therein are addressed and therefore
bind only the Customer or the
Service Recipient who is not a consumer and from January 1, 2021 and with regards to contracts
concluded from that day also the
Customer/Service Recipient 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).
-
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.
-
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.
- The Service Provider may terminate the contract for the provision od Electronic Service with
immediate effect and without stating
the reasons by sending an appropriate statement to the Service Recipient.
- The liability of the Service Provider/Seller to the Service Recipient/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,
however not more than to 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 Recipient/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 Recipient/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.
- All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be
submitted to the court having
jurisdiction over the headquarters of the Seller/Service Provider.
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FINAL PROVISIONS
- The contracts concluded via the Online Shop are concluded in English.
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Change of Terms of Use:
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The Service Provider reserves the right to make changes to the Terms of Use for important
reasons, this is: changes in the law;
changes in payment and delivery methods – to the extent to which these changes affect the
implementation of the provisions of
these Terms of Use.
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In case of concluding on the basis of these Terms of Use continuous contracts (e.g.
providing
Electronic Service – Account), the
amended regulations bind the Customer if were met the requirements specified in art. 384 and
384 [1] of the Civil Code, that is,
the Service Recipient was correctly informed about the changes and did not terminate the
contract within 15 calendar days from
the date of notification. In the event that the amendment to the Terms of Use would result
in
the introduction of any new fees or
increase of existing ones the Service Recipient has the right to withdraw from the contract.
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In the case of concluding the contracts of a different nature from continuous contracts (for
example, a Sales Contract), the
amendments to the Terms of Use shall not in any way affect the acquired rights of the
Service
Recipients/Customers before the
effective date of amendments to the Terms of Use, in particular amendments to the Terms of
Use
will not have an impact on already
placed or submitted Orders and concluded, implemented or executed Sales Contracts.
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In matters not covered by these Terms of Use, 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.
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These Terms of Use shall not exclude the laws of the country of habitual residence of a 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 him by provisions which cannot be excluded by a contract.
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MODEL WITHDRAWAL FORM (ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the
contract)
– Addressee:
GMBR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Komornicka 34A/6, 62-070 Dąbrówka, Poland
gunmetalbullets.pl
info@gunmetalbullets.pl
– I / we (*) hereby inform about my / our withdrawal from the Sales Contract of the
following items (*) contract
for the supply of
the following things (*) contract for a work involving the following items (*) / for the provision of the
following service (*)
– The date of conclusion of the contract (*)/ recipe (*)
– 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.