Terms and Conditions of the Gun Metal Bullets Online Store

1. General Provisions, Contact with the Store Owner
   1. These regulations (hereinafter referred to as the “Regulations”) define the rules and conditions for using the online store Gun Metal Bullets, operating at www https://gunmetalbullets.pl.
   2. The owner of the Store is GMBR sp. z o.o. with its registered office at Komornicka 34A/6, 62-070 Dąbrówka, registered in the National Court Register under KRS number: 0000810505, NIP: 7773355080 (hereinafter referred to as the “Seller”).
   3. The Seller's contact details are as follows:
      
      Contact address: Komornicka 34A/6, 62-069 Dąbrówka
      Email address: info@gunmetalbullets.pl
      Phone number: +48506050580 (customer service hours – in the Contact section).
      Contact point for communication with the authorities of EU member states, the European Commission, the Digital Services Council: info@gunmetalbullets.pl. Communication may be conducted in Polish.
2. Technical Requirements
   1. To use the Store, it is necessary to have:
      1. a computer or another device with a web browser;
      2. access to the Internet;
      3. an active email address.
3. Personal Data
   1. The administrator of the personal data of the Store's customers is the Seller.
   2. All information about the processing of personal data of customers, as well as other users of the Store's website, can be read in the Privacy Policy.
4. Conclusion of the Sale Agreement, Customer Account
   1. The Store allows for the purchase of goods (hereinafter referred to as “Goods”) displayed on the Store’s website in two modes:
      1. without registration;
      2. by creating an account in the Store.
      In both cases, to place an order, you must select Goods in the Store, add them to the “Cart” using the appropriate button, and continue the ordering process by choosing the relevant options (delivery and payment methods).
   2. Information about the products in the Store, such as descriptions and prices, constitutes an invitation to conclude a sales agreement within the meaning of Article 71 of the Civil Code, according to the terms of the Regulations.
   3. The condition for placing an order is filling in all required data necessary for the execution of the agreement in the order form and, if desired by the customer, also data for generating a VAT invoice.
   4. If the customer decides to create an account in the Store (hereinafter referred to as “Account”), registration is one-time, and the email address and password selected by the customer are used for subsequent logins. Details of the digital service for managing the Account provided by the Seller are available below in the Account Regulations. The Store also allows logging into the Account via social media and/or a Google user account. Once logged in, the customer has access to their order history and does not need to fill in their personal data again for future orders.
   5. The customer can cancel their account at any time without incurring any costs. To do this, they should send their resignation to the email address: info@gunmetalbullets.pl.
   6. Confirming the order by clicking the “Buy and Pay” button (or any similarly worded button) means:
      1. making an offer to the Seller to purchase the Goods according to the options selected in the order and in accordance with these Regulations,
      2. accepting the obligation to pay for the Goods and their delivery costs.
   7. The sale agreement (hereinafter referred to as the “Agreement”) is concluded at the moment the Seller accepts the order for processing (acceptance of the customer’s offer), which the Seller confirms by sending an email with confirmation of the order acceptance.
   8. If the order for the Goods cannot be fulfilled (in whole or in part), the Seller will inform the customer of this - the Agreement will not be concluded in such a case. The Seller will also inform the customer about the existing possibilities for alternative order fulfillment, e.g., partial fulfillment of the order or waiting for the Seller to restock. If the order has been paid for by the customer in advance and cannot be fulfilled, the Seller will promptly refund the customer for the payment made (according to the scope of the order cancellation).
   9. The Seller provides the customer with confirmation of the Agreement on a durable medium no later than when the Goods are delivered.
   10. The Store is not responsible for the non-delivery of the order or delays in its delivery resulting from the customer providing an incomplete or incorrect delivery address or failing to provide other necessary data for order fulfillment.
   11. The Seller reserves the right to suspend the order fulfillment if the customer provides false data or if there are reasonable doubts about the accuracy of the data. In such a case, the Seller (if possible) will attempt to contact the customer to verify the accuracy of the provided data.
5. Prices and Payment Methods
   1. Prices of Goods are stated in Euro (EUR) or Polish zloty (PLN) and are gross amounts, i.e., including VAT.
   2. The cost of delivery of Goods is specified separately in the Store’s cart, depending on the delivery method selected by the customer.
   3. Available payment methods are described on the Store’s website in the “Payment Methods” tab and are presented to the customer during the ordering process (in the cart).
   4. The Store offers the following payment methods:
      1. traditional bank transfer to the Seller’s account
      2. fast electronic transfer / BLIK / payment via a so-called virtual wallet - through the payment platform:
         • PayPal (for the US customers)
   5. If the customer chooses to pay by traditional bank transfer, payment for the order should be made within 7 days of placing the order. If payment is not made within this period, the Agreement is considered as not concluded. The preceding sentence does not apply when the Seller offers customers deferred payment/installment payment through an external partner.
6. Delivery of Goods
   1. Delivery of Goods is carried out according to the customer's choice:
      • via a courier company
   2. Except for Goods collected by the customer in person, an order is considered fulfilled at the moment the shipment is handed over to the customer (entrusted to a carrier). The exact actual delivery time is determined by the carrier.
   3. Goods are dispatched by the Seller within 2 business days, unless a different delivery time is clearly stated in the product description during the order placement by the customer. Detailed delivery times are provided on the Store’s website in the “Order Fulfillment Time” tab.
   4. The Seller normally handles orders within the territory of the Republic of Poland, covering the costs specified on the Store’s website in the “Delivery Time and Costs” tab. International shipping is possible at the cost indicated on the Store’s website or at costs individually agreed with the customer.
7. Withdrawal from the Contract
   1. A customer who is a consumer or an entrepreneur referred to in Article 7aa of the Consumer Rights Act (hereinafter "Privileged Entrepreneur") has the statutory right to withdraw from the sales contract for the Goods within 14 days of receipt, without providing a reason, subject to exceptions stated below.
   2. To meet the deadline for withdrawing from the contract, it is sufficient for the customer to send a statement within the aforementioned period:
      • in electronic form to: info@gunmetalbullets.pl or
      • in written form to: Komornicka 34A/6, 62-069 Dąbrówka.
   3. The statement of withdrawal from the contract can be made using the template available here, although using the template is not mandatory. The Seller will promptly send the customer an email confirmation of receipt of the withdrawal statement.
   4. Subsequently, within the next 14 days, the customer should return the Goods at their own expense to the postal address Komornicka 34A/6, 62-069 Dąbrówka.
   5. The Seller will promptly, but no later than 14 days from receiving the withdrawal statement, refund the customer:
      • the price of the Goods;
      • the cost of the initial shipment of the Goods to the customer according to the cheapest regular delivery method offered in the Store.
   6. The Seller may withhold the refund until the Goods are received back, or at least until the customer provides proof of sending the Goods back to the Seller.
   7. The refund will be made using the same payment methods used by the customer in the original transaction, unless the customer has expressly agreed to a different solution.
   8. The customer is responsible for any diminished value of the returned Goods if they have used the Goods in a way that is not necessary to determine the nature, characteristics, and functioning of the Goods before making the withdrawal statement.
8. Exceptions to the Right of Withdrawal from the Sales Contract for Goods
   1. The right to withdraw from the contract does not apply in the case of Contracts for the delivery of Goods:
      1. that are not prefabricated, produced according to the consumer's/Privileged Entrepreneur's specifications or intended to meet their individualized needs (personalized goods);
      2. that are subject to rapid spoilage or have a short shelf life (perishable goods);
      3. delivered in a sealed package if the package has been opened by the customer and the Goods cannot be returned after opening the package due to health protection or hygiene reasons (hygienically packed goods);
      4. audio recordings, visual recordings, or computer programs delivered on a tangible medium (e.g., CD) in a sealed package if the package has been opened after delivery;
      5. that, due to their nature, are inseparably combined with other goods after delivery (e.g., building materials, if used);
      6. newspapers, periodicals, or magazines, except for subscription agreements (printed press);
      7. whose price depends on fluctuations in the financial market which the Seller cannot control and which may occur before the withdrawal period expires;
      8. alcoholic beverages whose price was agreed upon at the time of concluding the sales contract and which can only be delivered after 30 days, and whose value depends on fluctuations in the market which the Seller cannot control.
9. Complaints
   1. The Seller is obligated to deliver Goods to the customer that are in accordance with the Agreement.
   2. With respect to consumers and Privileged Entrepreneurs, the Seller is liable for the conformity of the Goods in accordance with the provisions of the Consumer Rights Act. For other customers, the Seller is liable under the principles arising from the Civil Code.
   3. Complaints may be submitted:
      • electronically to the address: info@gunmetalbullets.pl
      • or in writing to the address: Komornicka 34A/6, 62-069 Dąbrówka.
   4. The Seller will consider the complaint in the form it was submitted (in writing or via email) within 14 days of receiving the complaint.
   5. In case of dissatisfaction with the way the complaint was handled by the Seller, the consumer and Privileged Entrepreneur may (in addition to ordinary court proceedings) also use out-of-court methods of handling complaints and seeking claims.
   6. For this purpose, one may:
      1. contact the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable resolution of the dispute,
      2. seek assistance from the district (municipal) consumer ombudsman or from a social organization whose statutory tasks include consumer protection,
      3. use the ODR platform (Online Dispute Resolution), which is used for online resolution of disputes between consumers and entrepreneurs if the dispute concerns obligations arising from a contract concluded online. More information about the ODR platform can be found here,
      4. apply to the permanent arbitration court for consumer disputes to resolve a dispute arising from the concluded contract.
   7. Additional information on out-of-court methods of handling complaints and seeking claims can also be obtained from the Office of Competition and Consumer Protection website: https://polubowne.uokik.gov.pl/.
10. Product Reviews
    1. The Store provides the option for customers to add reviews about products (hereinafter "Reviews").
    2. This functionality is only available to customers with an Account who are logged in.
    3. Reviews submitted by customers must be legal under the Digital Services Act (DSA) and comply with good practices, meaning that Reviews must not include:
       • illegal content;
       • content that is contrary to good practices, including: offensive, pornographic, insulting to religious feelings, inciting racial, ethnic, or religious hatred;
       • content that infringes on the rights of others, particularly intellectual property rights and privacy rights;
       • commercial or advertising content or graphic elements related to products other than those offered in the Store.
    4. The Seller and/or the external customer satisfaction/review program provider may moderate Reviews, which means that Reviews not in accordance with the Regulations will not be published or may be removed.
    5. In the event of a blocked or removed Review, the Seller will inform the customer and provide justification. In such cases, the customer may appeal according to the principles described in section X.6 of the Regulations.
    6. Appeals against decisions regarding Reviews (hereinafter “Appeal”) may be submitted:
       • electronically to the address: info@gunmetalbullets.pl
       • or in writing to the address: Komornicka 34A/6, 62-069 Dąbrówka.
       The Seller will promptly confirm receipt of the Appeal electronically (if the person submitting the Appeal has provided an email address). The Seller will consider the Appeal in the form it was submitted (in writing or via email) within 14 days of receiving the Appeal.
    7. Any person visiting the Store can submit a notification to the Seller (hereinafter “Notification”) if they believe that illegal content, as defined by the Digital Services Act (DSA), or content contrary to the Regulations, has been posted in the Store as part of Reviews. Notifications should be submitted electronically to the address: info@gunmetalbullets.pl.
    8. The Seller will promptly confirm receipt of the Notification electronically. The Seller will review the Notification within 14 days of receiving it and provide justification. The person who submitted the Notification may appeal the Seller's decision according to the principles described in section X.6 of the Regulations.
    9. If dissatisfied with the way the Seller resolves the Appeal, the person submitting the Appeal has the option to use out-of-court methods of dispute resolution as referred to in the Digital Services Act (DSA).
    10. The Seller is not liable for Reviews posted in the Store by customers, provided that:
        • the Seller is not aware that the Review contains illegal content;
        • the Seller promptly takes appropriate actions to remove or prevent access to illegal content upon becoming aware of it, particularly the Seller promptly addresses Notifications.
11. Final Provisions
    1. The Agreements concluded in the Store are governed by Polish law. The Agreement is concluded in Polish.
    2. None of the provisions of the Regulations exclude or limit the rights of consumers (and Privileged Entrepreneurs) arising from legal provisions.
    3. The Seller may make changes to the Regulations at any time, with such changes applying to orders placed after the publication of the new version of the Regulations. In the case of (i) previously concluded Agreements for the provision of digital or electronic services, as well as in the case of (ii) customers with an Account in the store - the customer will be notified of the change in the Regulations and the possibility of not accepting the new content.
    4. The Regulations are effective from 14-08-2024.

Account Terms
at the Gun Metal Bullets store

1. General Provisions, Contact with the Seller
   1. These account terms (“Account Terms”) define the rules and conditions for using the customer account (“Account”) at the online store Gun Metal Bullets (“Store”).
   2. These Account Terms constitute the terms of the electronic service as defined by the Electronic Services Act. The Account service is an additional and ancillary service in relation to the main activity of the Seller, i.e., offering customers the purchase of Goods. The Account service is free of charge.
   3. The Account Terms complement the Store Terms. For matters not regulated by the Account Terms, the provisions of the Store Terms apply to this service.
   4. Contact details for the Seller regarding the Account service are the same as for the Store:
      Komornicka 34A/6, 62-069 Dąbrówka
      e-mail: info@gunmetalbullets.pl
      tel.: +48506050580
2. Technical Requirements and Functionalities of the Account Service
   1. The technical requirements for using the Account service are the same as for using the Store and are specified in point II.1. of the Store Terms.
   2. By using the Account, the Store customer can:
      1. save and store personal data (including delivery address) on the Account, which allows making subsequent purchases at the Store without having to re-enter the address form,
      2. view the history of their orders,
      3. view the status of order fulfillment.
3. Account Service Agreement, Withdrawal from the Agreement, Cancellation of the Account
   1. Creating an Account by the customer is equivalent to entering into an agreement for the provision of an electronic service for an indefinite period. The customer may at any time cancel their Account without giving a reason. To do this, they should contact the Seller electronically at info@gunmetalbullets.pl. The customer also has a statutory right to withdraw from the agreement for the provision of the Account service within 14 days from its conclusion.
4. Complaints
   1. In relation to consumers and Privileged Entrepreneurs, the Seller is responsible for the compliance of the Account service with the agreement in accordance with the Consumer Rights Act. For other customers, the Seller is responsible based on the principles arising from the Civil Code.
   2. Complaints regarding the Account service can be submitted to the Seller following the procedure outlined in points IX. 3-5 of the Store Terms.
   3. In case of dissatisfaction with the way the complaint was handled by the Seller, there is also the option to use extrajudicial methods of handling complaints and pursuing claims, according to the procedure described in points IX. 6-7 of the Store Terms.
5. Personal Data
   1. Full information about the processing of customer personal data, including for the purposes of managing the Account, is provided in the Privacy Policy.
6. Changes to the Account Terms
   1. The Seller may make changes to these Account Terms according to the principles indicated in point XI. 3 of the Store Terms. If the customer does not accept the new version of the Account Terms, they may terminate the agreement for the provision of the Account service (by contacting the Seller electronically) with a 14-day notice period.