These Terms and Conditions define the terms, conditions and manner of sale of goods carried out by Ginger’s Tactical Gear Daniel Rausz with its registered office in Gdańsk, via the online store www.gtg.com.pl- hereinafter referred to as the “Online shop”.
§1 General provisions
Ginger’s Tactical Gear Online shop, available at www.gtg.com.pl, run by Daniel Rausz, conducting business activity GTG Daniel Rausz, registered in the Central Registration and Information on Business (CEIDG), operated by minister responsible for economy, under the NIP No. 584-275-34-06, REGON No. 365466678.
The provisions included in the Terms and Conditions are addressed both to Consumers and Entrepreneurs using the shop and define the rules for using the Online Shop, as well as the rules and procedures for concluding Remote Sales Agreements with the Customers via the Shop.
All rights of the Shop, including copyrights, intellectual property rights to its name, its Internet domain, website, forms and images of products presented on the website of the Shop, belong to the Vendor and may only be used in specified manner, in accordance with the Terms and Conditions, upon the Vendor’s written consent.
The Vendor uses “cookie” files which are stored by the Vendor’s server on the Customer’s Endpoint hard disk, while the Customer uses the Shop website. The use of “cookies” is aimed at proper functioning of the Shop website on Customer’s endpoint device. This mechanism does not damage the Customer’s device, nor does it cause configuration changes in Customers’ devices or in the software installed on these devices. Each Customer may disable the “cookies” mechanism in the website browser of their device. The Vendor indicates that disabling “cookies” may, however, make it difficult or impossible to use the Shop website.
The Vendor shall not be liable for any interruption in the operation of the Store due to force majeure, unauthorized acts of third parties or incompatibility of the Online Shop with Customer’s technical infrastructure.
Browsing the Shop products does not require creating a Customer account. Submitting orders by the Customer requires starting an account in accordance with § … of the Terms and Conditions or by entering essential personal and contact data, allowing processing the order without the account.
The prices of products in the Shop are expressed in Polish Zloty and are gross (including VAT).
The final amount to be paid by the Customer shall consist of the price of the product and the cost of delivery, including the transport charge, delivery and postal services, which the Customer is informed about on the Shop website during submission of the Order.
Terms and Conditions – define this set of rules.
Shop – an online shop run by the Vendor at www.gtg.com.pl
Shop Website – determines the website under which the Seller runs the Online Shop, acting under the domain www.gtg.com.pl.
Vendor – determines a natural person, conducting business activity under the name GTG Daniel Rausz, entered in the Central Registration and Information on Business (CEIDG).
Entrepreneur – determines a natural person, a legal person or organizational unit not being a legal person with legal capacity, conducting business or professional activity on their own behalf, engaging in legal activity directly related to their business or profession, who use the Shop.
Customer – any entity making purchase via the Shop.
Consumer – a natural person entering into an agreement with the Vendor within the framework of Shop activity, which subject is not directly related to their business or profession
Order – means a declaration of will of the Customer, expressed through the Order Form, aimed directly at conclusion of the Sale Agreement.
Order Form – the form (interactive) available on the Website of the Online Shop, which allows to place an order by adding a product to the Basket, specifying the terms of the Sale Agreement, including the method of payment and delivery.
10. Customer Account – individual panel of the Customer, used to collect data provided by the Customer and information about orders placed in the Shop.
11. Password – Customer’s individual string of digits, letters or other characters specified by the Customer during registration at the Shop, the purpose of which is to secure the Customer’s Account in the Online Shop.
12. Registration Form – (interactive) form available on the Shop Website allowing creation of the Customer Account.
13. Basket – an item in the Shop Software that allows you to preview the Goods you have selected for purchase and to modify your order details, in particular the quantity of products.
14. Goods – means the product presented by the Vendor on the Website of the Online Shop, which is the subject of the Sale Agreement between the Customer and the Vendor.
15. Sales Contract – a remote sales contract, in accordance with the provisions of these Terms and Conditions, between the Customer and the Vendor, without the physical presence of the parties at the same time.
16. Delivery – means the actual act of delivering the Goods specified in the Order to the Customer by the Vendor through the Supplier.
17. Supplier – means the company (courier) which the Vendor cooperates with within the scope of supply of goods.
Contact with the Shop
b. active email account (e-mail)
d. installed FlashPleyer
Using the Online Shop
Creating an account at the Shop
Customer log in to individual account can be done by entering the login and password established during registration.
Submission and execution of orders
b. log in or use the opportunity to place an order without registration
c. if you choose to place an order without registering, you must complete the Order Form by entering the details of the Order recipient and the address where the Goods are to be delivered, select the type of delivery, insert invoice data, if different from the recipient’s;
d. After completing the entire order, the Customer selects the way of delivery, form of payment, makes an order by sending the order form to the Vendor – by selecting the “Buy and pay”.
e. Each time before sending the order to the Vendor, the Customer is informed of the total price of selected Goods and Delivery, as well as all additional costs that he or she is liable to incur in connection with the Sales Agreement.
5. Placing an order constitutes an offer of the Customer to conclude a Sales Agreement with the Vendor, being the subject of the order.
6.The Agreement is concluded of with the Customer by negotiation. The customer initiates the negotiations by submitting his offer via the website www.gtg.com.pl, and the Vendor can accept or reject the offer.
7.Once the order has been placed, the Vendor emails a confirmation of its submission, followed by information about collection of the order for realization. Information about accepting an order for execution is a statement of the Vendor about acceptance of the offer – referred to in § … above and upon its receipt by the Customer a Sales Agreement is concluded.
2.The Customer may choose the following payment methods for the ordered goods:
a. Bank transfer on the Vendor’s bank account – the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled. The order is processed by the Vendor when the Customer receives confirmation of order acceptance, as well as confirmation of the receipt of by the Vendor.
b.Bank transfer through an external PayPal payment system supported by PayPal Poland – the order will be initiated when the Vendor receives the order confirmation and payment information from PayPal;
c.Bank transfer through an external payment system przelewy24.pl and paynow, supported by DialCom24 Sp. z o.o. – the order will be initiated when the Vendor receives the order confirmation and payment information from przelewy24.pl;
d. Payment card
e. Cash on delivery, payment will take place when the parcel is received – the order will be executed after the Vendor has sent the confirmation of acceptance of the order to the Customer.
3. In the event of a lapse of payment due date, the Vendor will email the Customer a declaration of withdrawal from the Agreement on the basis of art. 491 of the Civil Code.
The Vendor executes Delivery on the territory of Europe, Asia, Australia, North America and South America.
Delivery of Goods to the Customer is payable unless the Sales Agreement determines otherwise.
The cost of delivery of Goods (transport, delivery and postal charges) is provided to the Customer on the Website of the Shop at the “delivery costs” tab and during the Order submission process, including when the Customer expresses the will to conclude the Sales Agreement.
The Vendor is obliged to deliver the Goods being the subject of the Sales Agreement without any faults or defects.
The Vendor informs about the number of “working days” required to deliver and execute the order on the Website of the Shop.
The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
On the day of sending the Goods, the Customer shall receive an e-mail from the Vendor, confirming posting the Goods.
The Vendor attaches a VAT invoice for the delivered Goods – upon the request of the Customer.
The Customer may use the following methods of delivery or receipt of the ordered Goods:
a. Postal parcel, cash on delivery parcel;
b. Courier delivery, cash on delivery courier;
c. Pick up at a parcel station / point
Sales at the Shop cannot be summed up, unless otherwise stated in the sales regulations.
Prices from the moment of placing an order are applicable, as shown next to the picture or description of the ordered product.
The Vendor grants a permanent discount of 10% to uniformed employees, upon electronic confirmation (e-mail to the Vendor) of belonging to a particular uniformed formation.
In the event that the Product has been granted a warranty, information about it and its contents will be included in the description of the Product in the Shop.
Ginger’s Tactical Gear products are covered by a lifetime warranty within the scope of sewed items, provided that the product is used according to its intended purpose.
Lifetime warranty does not cover: abrasion, mechanical damage and decoloring of the material.
In the event of a defect of Goods purchased from the Vendor, the Customer may file a complaint based on the provisions of the Civil Code. If the customer is an entrepreneur, the parties exclude liability for warranty.
A customer who performs warranty rights is obliged to provide the defective item to the Vendor. If the Customer is a Consumer, the cost of delivery shall be incurred by the Vendor.
The Vendor is liable for the warranty if a physical defect is discovered within two years from delivery of Goods to the Customer. A claim for removal of a defect or replacement of Goods for defect-free shall expire at the end of the year, however this deadline shall not be terminated before the expiry of the deadline specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or make a declaration of price reduction due to defect of the Goods. If the Customer requests replacement of the Goods for free from defects or removal of the defect, the date for withdrawal from the Sales Contract or the declaration of price reduction shall begin upon the expiry of the time limit for replacement of the Goods or removal of the defect.
The Purchaser may file a complaint for non-conformity of the Goods with the agreement in writing or electronically to the Vendor’s address, specified in the Terms and Conditions or using the electronic complaint form made available by the Vendor on one of the Shop’s subpages.
The complaint should include: a brief description of the defect, circumstances (including the date of its occurrence), details of the claimant, confirmation of purchase of the Goods and a demands of the Customer with regard to the defect of the Goods.
The Vendor will respond to the complaint immediately and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Vendor fails to respond to the complaint within the determined time limit, the Customer’s claim is deemed to be justified.
Goods returned as part of the complaint procedure, should be sent to the Vendor.
The Vendor does not use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes
Termination of the Sales Agreement
A Consumer who entered into a Sales Agreement may, within a period of 14 days, withdraw from it without providing a reason.
The time limits specified in pt. 1 run with the moment the Goods are received by the Consumer.
The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Vendor:
a. a declaration of withdrawal may be submitted in writing to the Vendor
b. via e-mail on Vendor’s address
c. on the form, the model of which has been posted by the Vendor on the Shop Website (Withdrawal form).
10. The Consumer is obliged to immediately, not later than within 14 days of terminating the Agreement, return the Goods to the Vendor. In order to maintain the deadline, the Goods need to be sent back to the Vendor on his address before the deadline expires.
11. In the event of withdrawal from the Sales Agreement, the Customer being a Consumer bears the direct costs associated with returning the Goods.
12. If due to the nature of the Goods, they cannot be returned in regularly by post, this information and return costs will be included in the product description in the Shop.
13. The Consumer is responsible for reducing the value of the Goods resulting from usage exceeding the determined nature, characteristics and functioning of the Goods.
14. The Vendor reimburses the Goods using the same method of payment as used by the Consumer, unless the Consumer expressly agrees to other way of reimbursement, which does not involve any costs for the Consumer.
Personal Data Protection
b. Personal data of Customers making online payments are transferred to payment service companies that cooperate with the Shop.
c. In case of Customers, who use the electronic payment method in the Shop – via Przelewy24.pl system, their personal data are transferred in order to enable the payment to DialCom24 Sp. z o.o. with its registered office at ul. Kanclerska
15, 60-327 Poznań, entered into the Register of Entrepreneurs maintained by the District Court of Poznań, VIII Commercial Division of the National Court Register KRS No.0000306513.
The Vendor provides the possibility to remove personal data from the system, particularly if the Customer Account is deleted. The Vendor may refuse to delete personal data if the Customer has failed to settle any claims against the Vendor or has breached the applicable law and maintaining personal data is necessary to clarify these circumstances and establish the Customer’s liability.
The Customer has the right to withdraw the content of his or her data and to demand their correction or removal, and in cases provided for by law, request to cease processing of their personal data.
The Vendor protects the personal information provided to him and makes every effort to protect them against unauthorized access or use by unauthorized persons.
Providing personal data is voluntary, however, failure to disclose personal data required to enter into the Agreement results in lack of possibility of concluding the agreement.
No part of these Terms and Conditions is intended to violate the Customer’s rights. Moreover, they shall not be interpreted in such manner, as in case of non-compliance of any part of the Terms and Conditions with the applicable law, the Vendor declares absolute submission and application of this law in place of the effectively questioned provision of the Terms and Conditions.
Terms and Conditions are available at www.gtg.com.pl with the possibility of downloading, reproducing and preserving its contents.
The Vendor is liable for failure to perform or improper performance of the Agreement, however in the case of agreements concluded with Business Customers, the Vendor shall be liable only in the event of willful damage and within the limits of actual losses suffered by the Entrepreneur.
The parties will seek an amicable solution in the event of a dispute under the terms of the Sales Agreement. The law applicable to the entire agreement between the Purchaser and the Shop is Polish law. Any disputes that result from application of these Terms and Conditions, will be resolved by relevant Polish common courts.
The Vendor informs the Consumer about the possibility to use out-of-court pursuing claims and complaints. Rules for accessing these procedures are available at the
headquarters and on the websites of relevant entities, eligible for out-of-court dispute resolution. These entities include i.a. consumer ombudsmen or District Inspectorates of Trade Inspection, which list is available on the Internet Website of the Office for Competition and Consumer Protection. In addition, the Vendor informs that, at http://ec.europa.eu/consumers/odr/ an internet dispute resolution system for consumers and entrepreneurs at EU level is available – ODR.
The Vendor reserves the right to introduce changes to the Terms and Conditions for important reasons including:
a. changes in the law insofar as it is necessary to adapt the provisions of the Terms and Conditions to the new provisions of law;
b. changes and updates to Shop data, including, in particular, company, contact details, legal form of Shop owner, as necessary to comply with these Terms and Conditions.
Users of the Shop will be informed of changes in the Terms and Conditions by posting
information on changes at www.gtg.com.pl and in case of registered Customers – sending information about the change on email address provided by the Purchaser during the registration process.
8. Orders submitted prior to entry into force of changes to the Terms and Conditions, will be implemented according to the existing provisions of the Terms and Conditions (i.e. according to the provisions of the Terms and Conditions at the time of ordering).
9. The Terms and Conditions become effective on