The contract between the Buyer and the Seller can be made in two different ways. The Buyer has the right to negotiate any contract provisions with the Seller before placing the order. This also includes negotiating the below regulations. Such negotiations must be concluded in writing and addressed to the Seller:
GINGER`S TACTICAL GEAR DANIEL RAUSZ
ul. Gen. Bora-Komorowskiego 24
Alternatively, The Buyer has the possibility to resign from individual arrangements regarding the manner and conditions in which the contract can be made. In these circumstances, the imperative provisions of the below terms and conditions will apply.
TERMS AND CONDITIONS OF THE GTG.COM.PL ONLINE STORE
§ 1 Definitions
1. Postal Address – name and surname, or the institution name, the location (in case of a city divided into streets: name of the street, building number, apartment or service premises; if a city is not divided into streets: city name and real estate number), postcode and a photo.
2. Complaint Submission Address:
GINGER`S TACTICAL GEAR DANIEL RAUSZ
ul. Gen. Bora-Komorowskiego 24
80-377 Gdańsk, Poland
3. Contact and Identification Details:
Daniel Rausz, conducting his business under the trading name ‘GINGER`S TACTICAL GEAR DANIEL RAUSZ’, entered into The Central Register and Information on Economic Activity (CEIDG) operated by the Ministry of Economic Development of the Republic of Poland. NIP: 584-275-34-06, REGON 365466678.
Phone: +48 58 742 4848
You can also contact us by postal mail. The full address is provided above.
4. Proof of purchase – invoice issued in accordance with The Goods and Services Tax Act of 11 March 2004 (Journal of Laws No. 54, item 535, as amended) and any other applicable laws.
5. Product Card – a unique and specific page for an item that explains its most relevant benefits
6. Customer – a natural person of age with full legal capacity, a legal person or an entity without legal personality but with the ability to acquire rights and incur obligations in its own name, making a purchase from the Seller directly related to his/her/its business or professional activity.
7. Civil Code – The Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16 item 93, as amended).
8. Consumer – a natural person of age with full legal capacity, making a purchase from the Seller not directly related to his/her business or professional activity, but also an entrepreneur holding the consumers’ rights, i.e. a natural person entering into a contract directly related to his/her business or professional activity, providing that the contract provisions state that the business is not of professional nature for him/her, and it is not the subject of
his business activity, in accordance with the provisions of The Central Register and Information on Economic Activity (CEIDG).
9. Cart – a list of products made of the products offered by the store, based on the Buyer’s preferences.
10. Buyer – Consumer or Customer
11. Goods issue location – postal address or a collection point indicated in the Buyer’s purchase form, or the Seller’s premises.
12. Item issue moment – the moment in which the Buyer, a third party, or legal entity indicated by the Buyer takes possession of the item.
13. Payment– remunaration.
14. Consumer rights – The Act on the Consumer Rights of 30 May 2014 (Journal of Laws 2014 item 827 as amended).
15. Product – the minimum and indivisible number of items that can be ordered and which is given in the Seller’s store as a measurement to determine the price (price/unit)
16. Subject of the contract – any goods and deliveries being the subject of the contract
17. Subject of the service – please see the subject of the contract
18. Collection Point – the place of delivery, which is not the postal address, listed by the Seller on the list in the Store.
19. Reservation – placing the order with the payment method chosen as ‘payment on account’
20. Item – a moveable item that may be or is the subject of the contract.
21. Store – an online service available at https://www.gtg.com.pl, through which the Buyer can place an order.
Daniel Rausz, conducting his business under the trading name ‘GINGER`S TACTICAL GEAR DANIEL RAUSZ’, entered into The Central Register and Information on Economic Activity (CEIDG) operated by the Ministry of Economic Development of the Republic of Poland. NIP: 584-275-34-06, REGON 365466678. Contact Information:
Phone: +48 58 742 4848
You can also contact us by postal mail. The full address is provided at the top of this document.
23. System – a set of cooperating IT devices and software, enabling processing and storage, as well as sending and receiving data via telecommunication networks using the appropriate type of end device specified for each network, commonly referred to as the Internet.
24. Completion date – the number of working days or weeks necessary to complete the order, specified on each product card.
25. Agreement – an off-premises or a distance contract within the meaning of The Act on the Consumer Rights of 30 May 2014 for Consumers and within the meaning of art.545 of the Civil Code of 23 April 1964 for the Buyers.
26. Defect – both physical and legal defect.
27. Physical defect – lack of compliance of the item with the contract terms, in particular if the item: a. does not have properties which have been specified within the contract or arise from the circumstance or use of such item;
b. does not have the properties that were provided to the Consumer by the Seller prior to the sale; c. it is not suitable for the purpose of which the Consumer informed the Seller while entering into the contract, and the Seller did not object to such purpose;
d. was delivered to the Consumer in an uncomplete state;
e. in case of improper installation and commissioning, if the activities were performed by the Seller or a third party for which the Seller takes responsibility, or by the Consumer who followed the instructions received from the Seller;
f. it does not have the properties provided by the manufacturer or his representative, or the person who markets the item within the scope of his business activity by putting his name, trademark or any other sign used in the course of trade which presents him as a manufacturer, unless the Seller did not know about these assurance, or using his reasonable judgement, could not know or could not have influenced the Consumer’s decision to conclude the contract or if the contract provisions were amended before the conclusion of the contract.
28. Legal defect – situation in which the sold item is owned by a third party or it is bound by the third party right, and also if the use or disposal restriction of the item is dependent on a decision or judgment made by the relevant authority.
29. Newsletter – distributing any advertisement information by using electronic communication methods (e mails or text messages)
30. Order – the Buyer’s declaration of intention submitted through the Online Store specifying: type, quantity of products, type of delivery, type of payment, goods issue location, Buyer’s data aiming directly at entering into the contract between the Buyer and the Seller.
§ 2 General conditions
1. The information displayed on the website www.gtg.com.pl does not constitute an offer within the meaning of art. 66 § 1 of the Civil Code, but only an invitation to negotiate.
2. The contract is concluded in Polish, in accordance with Polish law and subject provisions of the regulations.
3. The place of delivery of the item does not have to be on the territory of the Republic of Poland.
4. The seller undertakes and is obliged to provide services and deliver goods that are free from defects.
5. All prices quoted by the Seller are expressed in Polish currency (PLN) or Euro (EUR) (further information about the currency can be found on the product card) and are gross prices (including VAT). The prices are exclusive of delivery charges, which are specified when the order is being finalized.
6. The Seller grants the Buyer a lifetime warranty within the meaning of art.577 of the Civil Code, only with regard to sewn elements. This warranty covers the Seller’s own products, providing that the products are used with their intended use. In the event of a defect being revealed, the faulty product must be immediately delivered to the Seller, who, if the defect is confirmed, will remove it, replace the product or make a refund purchase price at the Buyer’s choice.
7. Confirmation, disclosure, consolidation, protection of all material provisions of the contract in order to gain access to this information in the future takes the form of:
a. order confirmation sent to the email address provided by the Buyer: information about the order, information on the right to withdraw from the contract, a copy of the regulations in a PDF version, a copy of the withdrawal form in a PDF version, and links to download copies of the regulations and withdrawal form; b. proof of purchase in the form of an electronic VAT invoice in the form of a PDF file, to which the Buyer agrees, moreover, the proof of purchase is attached to the shipment each time.
8. The Seller does not charge any fees for communicating with him by means of distance communication, and the Buyer shall bear the costs of the communication enabling him distance communication provided by a third party. The Seller indicates that the method of communication with the Buyer is either electronic or traditional mail.
9. The Seller provides the Buyer using the system with the proper working store operational system in the following browsers:
Google Chrome 55.0.2883.87 m, Internet Explorer 11, Mozilla Firefox 50.1.0, Safari 5.1.10. with the latest JAVA versions installed, on screens with a resolution above 1024 px. Using third party software that affects the functioning and functionality of browsers: Internet Explorer, Firefox, Opera, Chrome, Safari may affect the correct display of the store, and we, therefore, ask you to disable them, in order to obtain full functionality of the gtg.com.pl
10. The Seller shall be liable without any contractual limitations inter alia for the goods or any irregularities in the operation (or its unavailability) of the store in cases where the mandatory provisions do not allow for a change or exclusion of liability. In any other cases, the Seller’s liability arising from or related to the contract or in connection with it, is limited to 100% of the net value (price), regardless of the legal basis of the claim. In such circumstances, the Seller shall not be liable for loss of benefits, loss of revenues, loss of data, loss of operation, business interruption, capital costs, damages and contractual penalties imposed on the Buyer. This provision may not, under no circumstances, shall in no way be understood as a restriction of the Buyer’s inalienable rights.
11. The Buyer may use the option of saving his data by the store in order to facilitate the ordering process in the future. For this purpose, the Buyer should provide the login and password necessary to access his account. The login and password are a sequence of characters determined by the Buyer, who is obliged to store them safely and protect against unauthorized access by third parties. They Buyer can view, correct, update data and delete the account in the store at any time, as well as subscribe to the Newsletter.
12. Promotions organized by the Sellers cannot be combined with other promotional offers, unless the regulations or information about the promotion provide otherwise.
13. All products sold, despite the possibility of presenting them in combination with other items (e.g. in the picture), are only items whose names appear on the product card.
14. Employees of uniformed formations are entitled to a permanent discount of 10% of the order (excluding delivery costs) after proving or documenting (with the consent of the Seller) belonging to a uniformed formation.
§ 3 Conclusion of the contract and implementation
1. Orders can be placed 24 hours a day, 7 days a week.
2. In order to place an order, the Buyer must have an active email account and should perform at least the following activities, some of which may be repeated many times:
a. add the product to the basket;
b. choose payment method;
c. select the place of delivery;
d. select the type of delivery;
e. read the sent regulations and the information clause and confirm the fact of their receipt, as well as accept the content of the regulations and consent to the processing of personal data (a necessary condition); f. place an order by clicking ‘Order with obligation to pay’ button.
3. The Buyer may order a maximum of ten copies of one product within 90 consecutive dates. The 90-day period is counted from the date of placing the first order.
4. The conclusion of the contract with the Buyer takes place through negotiations. The Buyer undertakes negotiations by submitting an offer (order) via the gtg.com.pl website. The Seller can accept or decline the offer. The Buyer will be informed by email about the acceptance or the rejection of the offer. The change of the order status to ‘in progress’ is also considered tantamount to accepting the offer Confirmation of the order, which is sent automatically, cannot be treated as a declaration of acceptance of the offer.
5. The Buyer’s order payable on delivery takes place immediately after the conclusion of the contract, and the order payable by bank transfer or via the electronic payment system takes place after the Buyer’s payment is credited to the Seller’s account.
6. Execution of the order (acceptance of the offer) of the Buyer may depend on the payment of all or part of the value of the order or obtaining a trade credit limit of at least the value of the order or the consent Seller’s consent to send cash on delivery (payable on delivery).
7. Sending the subject of the contract takes place within the time limit specified on the product card. For orders consisting of many products it is the longest date specified of the product cards. The period begins with the commencement of the contract.
8. The purchased subject of contract is sent by the method of delivery selected by the Buyer to the place indicated by the Buyer in the order form.
9. The Buyer is obliged to check the shipment in the presence of the courier (or the carrier’s representative) to determine whether it was delivered without damage. In the event of damage, it should be noted on the carrier’s claim form in his presence.
§ 4 The right to withdraw from the contract
1. The Consumer is entitled to, pursuant to art. 27 of the Consumer Rights Act, the right to withdraw from the distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33 and 34 of the Consumer Rights Act.
2. The deadline to withdraw from a distance contract is 14 days from the moment the Consumer or a third party indicated by him, other than the carrier takes possession of the goods. In the case of a contract that covers many items that are delivered individually in lots or in parts – from taking possession of the last lot or part; to meet the deadline it is sufficient to send a declaration of withdrawal from the contract before the deadline.
3. The declaration of withdrawal from the contract may be submitted by the Consumer on a form, a copy of which is attached as Annex 2 to the Consumer Rights Act (this form is also available on the website gtg.com.pl and is also sent by email along with the regulations after placing the order). The submission of the declaration referred to above is immediately confirmed by the Seller.
4. In the event of effective withdrawal from the contract (i.e. submitting a declaration in accordance with the law and the provisions of the regulations) the contract is considered void.
5. The Consumer is obliged to return the item to the Seller immediately, not later than within 14 days from the date on which he withdrew from the contract. To meet the deadline, it is sufficient to return the item before its expiry.
6. The Consumer returns the items that are subject of the contract from which he withdrew at his own expense and risk.
7. The Consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium, if he did not consent to the performance of the contract before the deadline to withdraw from the contract or was not informed about the loss of his right to withdraw from the contract at the time of granting such consent or the entrepreneur has not presented confirmation in accordance with art. 15 (1) and art. 21 (1) Consumer Rights Act.
8. The Consumer is responsible for reducing the value of the item being the subject of the contract and for using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
9. The Seller shall promptly, and not later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivering the item (choosing the cheapest method, if the Consumer choses alternative method of delivery which is more expensive than the cheapest option, the Seller will not reimburse the Consumer for additional costs).
10. The Seller shall make a refund using the same payment method as used by the Consumer, unless the Consumer has expressly agreed to a different payment method, which does not involve any costs for him, and the Seller has the technical and legal possibilities to make a refund in this way.
11. The Seller has the right to withhold the reimbursement of the payment received from the Consumer until the item is returned or the Consumer has provided proof of its return, depending on which of the events occurs first. 12. Pursuant to art. 38 of the Consumer Rights Act, the Consumer is not entitled to withdraw from the contract:
a. 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 to withdraw from the contract;
b. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or to satisfy his individual needs;
c. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
d. in which the subject of the service is an item delivered in a sealed package, and after opening, the package cannot be returned due to health protection or hygiene reasons;
e. in which the subject of the service are items that after delivery are inseparably connected with other items due to their nature;
f. in which the subject of the service are recordings whether sound or visual or computer software delivered in a sealed package, and the package has been opened after delivery;
g. for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract;
h. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement.
§ 5 Warranty and consideration of the complaint procedure
1. The Seller, pursuant to art. 558 (1) of the Civil Code, completely excludes liability towards customers due to physical and legal defects (warranty).
2. The Seller is liable towards the Consumer under the terms of art. 556 of the Civil Code and subsequent provisions regarding the defects (warranty).
3. In case of a contract with a consumer, if a physical defect has been found within one year from the date of delivery of the item, it is assumed that it existed to begin with;
4. The Consumer, in the event that the sold item is faulty, may:
a. request a price reduction in writing;
b. submit a declaration of withdrawal from the contract; unless the Seller immediately and without significant inconvenience replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a non-defective one or remove the defect, he is not entitled to replace the item or remove the defect.
5.The Consumer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the item with a non-defective one or, instead of the replacement of the item, request the removal of the defect, unless it is impossible for such item to be made compliant with the contract in the manner chosen by the Consumer or would require excessive costs in comparison to the proposed method by the Seller. While assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found we also take into consideration any inconvenience that the Consumer would have suffered because of the alternative solution.
6. The consumer cannot withdraw from the contract if the defect is irrelevant.
7. If the sold item has a defect, the Consumer may also:
a. demand replacement of the item with the defect-free one;
b. demand removal of the defect.
8. The Seller is obliged to replace a defective item with a defect-free item or to remove the defect within a reasonable time without significant inconvenience to the Consumer.
9. The Seller may refuse to satisfy the Consumer’s request if it is impossible for such item to be made compliant with the contract in the manner chosen by the Consumer or would require excessive costs in comparison to the alternative method of compliance with the contract.
10. If the defective item has been installed, the Consumer may request the Seller to disassemble it and install subsequently after replacing it with a defect-free one or removing the defect, the obligation of the Consumer is to bear some of the costs exceeding the purchase price. The Consumer can partially demand the costs for disassembling and assembling the item from the Seller, up to the price of the item sold. In the event of non
fulfillment of the obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.
11. The consumer, who exercises his rights under the warranty, is obliged to deliver the defective items at the expense of the Seller to the Complaint Submission Address, and if, due to the type of the item or the way in which it was installed, the delivery of the item would be excessively difficult, the Consumer is obliged to make such item available to the Seller at the location where the item is stored. In the event of non-fulfillment of the obligation by the Seller, the Consumer is entitled to return the items at the expense and risk of the Seller.
12. The costs of replacement or repair are borne by the Seller, except for the situation described in § 4 point 10.
13. The Seller is obliged to accept the defective item from the Consumer in the event of replacement of the item with a non-defective one or withdrawal from the contract.
14. The Seller, within fourteen days, will respond to:
a. a demand for a price reduction;
b. declaration of withdrawal from the contract;
c. demand for the item to be replaced with the defect-free one;
d. demand removal of the defect.
No response within this time is considered as an acceptance of the Consumer’s request. 15. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from the date of delivery of the item to the Consumer.
16. The Consumer’s claim for removal of the defect or replacement of the defective item with the defect-free one expires after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from the date of delivery of the item to the Consumer.
17. In the event that use-by date specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for any physical defects of this item that may be found before that date.
18. Within the time limits specified in § 5 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or price reduction demand due to a physical defect of the sold item. If the Consumer requested replacement of the item with a non-defective one or removal of the defect, the time limit for submitting a declaration of withdrawal from the contract or price reduction demand begins with the ineffective expiry of the deadline for replacing the item or removing the defect.
19. In the event of pursuing a claim for the rights under the warranty before a court or an arbitration court, the time limit for exercising other Consumer’s rights in this respect is suspended until after the conclusion of the proceedings. The same applies to mediation proceedings, but the time limit for exercising other Consumer’s
rights starts to run from the date the court refuses to approve the settlement concluded before the mediator or the mediation is unsuccessful.
20. To exercise the rights under the warranty for legal defects of the sold item, § 5 points 15-16 shall apply, however, the period starts on the day on which the Consumer learned about the defect, and if the Consumer learned about the defect only as a result of a third party action- from the date on which the judgment issued in a dispute with that third party becomes final.
21. If, due to a defect found in the item, the Consumer submitted a declaration of withdrawal from the contract or a price reduction demand, he may also demand compensation for any damages he may have suffered by entering into the contract, not knowing about the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible. In particular, he may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing, and insuring the goods, reimbursement of the expenditure made to the extent that he did not benefit from them, and did not receive a refund from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to repair the damage on general principles.
22. The expiration of the time limit for finding a defect does not exclude the possibility of exercising the Consumer’s rights under the warranty if the Seller has fraudulently concealed the defect.
1. The Administrator of all personal data provided by the customers of the Online Store is the Seller – Daniel Rausz, conducting his business under the trading name “GINGER`S TACTICAL GEAR DANIEL RAUSZ”, entered into The Central Register and Information on Economic Activity (CEIDG) operated by the Ministry of Economic Development of the Republic of Poland. NIP: 584-275-34-06, REGON 365466678.
§ 7 Final provisions
1. Nothing in these regulations intends to infringe any of the Buyer’s rights. It shall not be interpreted this way, because in the event of non-compliance of any part of the regulations with applicable law, the Seller declares absolute compliance and application of this law in place of the effectively challenged provision of the regulations.
2. All registered Buyers will be notified by email about amendments to the regulations and their scope (to the email address provided during registration or placing the order). The notification will be sent out at least 30 days before the new regulations are entered into force. The changes will be introduced in order to adapt the regulations to the applicable legal status. However, the Seller reserves the right to implement significant changes to the regulations, which include, but are not limited to organizational changes.
3. The current version of the regulations is always available to the Buyers and can be found in the regulations tab on our website (https://gtg.com.pl/regulations/). During the order execution and also throughout the entire period of after-sales car, the Buyer is bound by the regulations accepted by him when placing the order. Unless, the Consumer finds them less favourable than the current ones and informs the Seller which regulations he intends to be bound by.
4. In matters not covered by these regulations, the provisions of applicable law shall apply. 5. Any disputes, if the Consumer expresses such a will, shall be resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or the arbitration process at the Provincial Inspectorate of Trade Inspection or by any means of equivalent and lawful pre-trial or out-of-court dispute resolution methods indicated by the Consumer. At the same time, the Seller informs about the ODR Platform (an interactive website constituting a single access point for consumers and entrepreneurs wishing to resolve an ODR dispute out of
court – Online Dispute Resolution) https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
As a last resort, the matter shall be settled by the court having jurisdiction according to the jurisdiction specified in the mandatory provisions.