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Shop rules
TERMS AND CONDITIONS OF THE ONLINE STORE
for Entrepreneurs
Online Shop: www.gsmok.com is run by Maciej Maludziński, established under the company GSMOK Maciej Maludziński, based in Warsaw at str. Smolenskiego 3, 01 – 698 Warsaw, REGON: 292815649, Tax ID: 6612134410, registered in the Central Register and Information on Economic Activity, phone: 22 257 05 05, e-mail: shop@gsmok.com.
§ 1
Introduction
  1. These Regulations specify:
    1. the terms of use of the Store (defined in § 2 below) by Customers who are not Consumers within the meaning of art. 221 of the Act of 23 April 1964 Civil Code (No. OJ 2016 item 380, as amended), ie entrepreneurs as defined in art. 431 of the Civil Code, as well as legal persons and organizational units without legal personality, even if they do not run a business,
    2. the rights and obligations of the Store in relation to the persons referred to in point 1 above.
  2. Acceptance of the Regulations is essential for using the Store, and in particular for placing an order.
  3. Contact with the administrator can be effected by correspondence to the address of the Service Provider (defined in § 2 below) or by e-mail to the following address: shop@gsmok.com
  4. Store services are provided electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (i.e., Journal of Laws of 2016, item 1030).
  5. Persons using the Store are obliged to comply with the Regulations.
§ 2
Definitions
  1. The following words written in the Regulations with a capital letter will have the meaning given to them below:
    1. Administrator - the Service Provider is the Stores administrator;
    2. Service Provider - Maciej Maludziński, conducting business under the name GSMOK Maciej Maludziński with headquarters in Warsaw at ul. Smoleńskiego 3, 01-698 Warsaw, REGON: 292815649, Tax ID: 6612134410, registered in the Central Register and Information on Economic Activity;
    3. Customer - an entrepreneur within the meaning of art. 431 of the Civil Code (which uses the services of the store by economic activity), as well as a legal person and an organizational unit without legal personality who have concluded a contract with the Service Provider for electronic services within the meaning of § 4 para. 4 of the Regulations;
    4. Products - all movable things that are offered by the Service Provider and which can be ordered by customers via the Store,
    5. Shop - an online store operating at www.gsmok.pl maintained by the Service Provider;
    6. Terms and conditions-these terms and conditions;
    7. Account-a collection of information that is stored in the Shop and on ICT Service Provider for a particular client and submitted by the Procurement and contracts of sale, the use of which the Customer may place orders, Contract of sale and make other activities provided by the Service Provider;
    8. Shopping Cart-electronic form made available by the Service Provider in a store, through which the Customer product selection in order to place an order;
    9. Order - a declaration of intent to purchase Products displayed by the Customer via the Store (by remotely filling in an electronic form in the Store), further specifying the Product to be the subject of the Sales Agreement, the place of receipt and the payment method for the Product.
    10. Privacy Policy - a set of rules regarding the processing and protection of personal data of the Client being an integral part of the Regulations available on the Stores website;
    11. Sales Agreement - a sales agreement within the meaning of the Civil Code between the Customer and the Service Provider by means of electronic communication within the meaning of art. 2 point 5 of the Act on Electronic Services. The content of the Purchase Agreement consists of the content of the Order and the provisions of the Regulations as well as the clauses accepted by the Customer. The Sale Agreement is subject to the law of the Republic of Poland, is concluded only in Polish and should be interpreted in such language;
    12. Service - a service provided to the Customer free of charge by the Service Provider on terms specified in the Regulations, by electronic means within the meaning of art. 2 points 4 of the Act on the provision of electronic services, enabling the selection and purchase of Products from the Service Provider, or - if the Customer has consented to it - the service of delivering the Newsletter to the Customer;
    13. Newsletter-information, including information about special offers and commercial information within the meaning of the Act on provision of services by electronic means, from the Service Provider, sent to the Customer with his consent, by electronic means, by the Service Provider.
  2. Definitions in the singular have the same meaning when used in the plural, unless otherwise derived from the context
§ 3
Technical requirements
  1. In order to use the Store properly, it is necessary to meet the following requirements:
    1. possession of a device transferring ICT data, including a desktop computer, a portable computer, a tablet;
    2. access to the Internet;
    3. e-mail address;
    4. internet browser:
      1. Internet Explorer version MSIE 6.x or later,
      2. Firefox version 7 or later,
      3. Opera version 22 or later,
      4. Chrome-each version,
      5. Safari 5.1.7
    5. screen resolution – a minimum of 800 x 600, 1024 x 768 optimally, a screen resolution of 1024 and above horizontal px.
  2. Using third-party software affects on the operation and functionality of the browser, it could have affect on the correct displaying of the Store, therefore, in order to get full functionality of the Store, you must disable them all.
§ 4
Access to the Store
  1. Obtaining the ability to place an Order requires the following steps:
    1. registration,
    2. login.
  2. Registration is free and takes place via the website gsmok.com/rejestracja. For the positive completion of the registration process, it is necessary to provide the following data: name and surname / name, e-mail address and password. In the registration form, the Customer deselects the "Company" option.
  3. Login takes place by entering the e-mail address and password chosen during registration.
  4. The contract for the provision of electronic services is concluded at the time of effective (complete) completion and acceptance by the Customer of the registration form. This contract is concluded for an indefinite period and is free of charge.
  5. The customer is obliged to comply with the law. You may not use the Store in a manner inconsistent with the applicable regulations, the Regulations and the Privacy Policy.
  6. the customer is obliged to:
    1. use the services in a manner which does not interfere with the operation of the store,
    2. to undertake activities such as: sending or Store unsolicited commercial information, taking steps to acquiring information legally protected, which the client was not the recipient,
    3. not submitting and not sending content prohibited by the provisions of applicable law,
    4. not to provide misleading or infringing data of third parties,
  7. Access to the Store, in particular the e-mail address used for registration and the password are assigned to a given Customer. The customer can not share his account with other people.
  8. The customer bears full responsibility for the consequences of sharing the login and password with third parties. Sales Agreements concluded in connection with Orders placed by third parties using the Account of a given Client, for reasons not attributable to the Service Provider are considered to be included on behalf of the Customer and are binding on that Client.
  9. The Store does not sell or sell Products, for resale.
  10. Each party has the right to terminate the contract for the provision of Services at any time and for any reason with a fourteen-day period of notice.
  11. Each party has the right to terminate the contract for the provision of Services immediately, without notice, in case of violation by the Customer or third parties using his Account respectively, or by the Service Provider provisions of these Regulations.
  12. The notice of termination or termination of the Agreement without notice shall be sent to the Service Providers address indicated in § 1 point 2 above or the Customers address indicated at registration, respectively.
§ 5
Store activities
  1. All Products available in the store are brand new.
  2. The prices of Products indicated in the Store are gross prices (they include VAT due in the amount as at the date of the Sale Agreement) unless expressly stated otherwise and expressed in the Polish currency.
  3. The store allows ordering Products 24 hours a day, excluding periods of technical and maintenance breaks.
  4. Terms and methods of payment:
    1. prepayment - payment before receiving the parcel:
      1. Payment by Payment Card - we use the Płatno¶ci.pl website
      2. Transfer - through the platnosci.pl service or to one of the Stores bank accounts:
      3. Raiffeisen: 95 1750 0009 0000 0000 2008 5727,
      4. PKO BP: 81 1020 2674 0000 2202 0055 0780,
      5. Mbank: 29 1140 2004 0000 3602 3116 5097,
    2. cash on delivery - payment in cash on delivery.
  5. The contract of sale is concluded at the time of placing the order (in the case of a cash on delivery option) or after making a prepayment via one of the payment platforms available on the Stores website (in other cases).
  6. The store provides Products exclusively in Poland. Deliveries of Products carried out within 5 working days from the moment of concluding the sales contract in the manner and at the address indicated in the order form.
  7. The store offers an attractive service called Warsaw Delivery. The service consists in the delivery of Products by the Service Provider in the administrative area of ​​Warsaw. Determining that the Customer has the right to avail of the above the service is carried out on the basis of the address (zip code) indicated for delivery. The cost of this service is PLN 10.00 gross. For orders with a total value equal to or greater than 99.00 PLN gross, the use of the Warsaw Delivery service is completely free.
  8. Information on the shipping costs of the Products can be found at www. gsmok.com in the "Delivery price" tab.
  9. In case the order is incomplete or contains incorrect data, the Service Provider reserves the right to prior verification of the order by contacting the Customer via the telephone number or e-mail address indicated by him during registration. The execution of such an order is suspended until the Customer completes or changes his order.
  10. Execution of the order is possible under the condition that the Product is available in the Service Providers warehouse.
  11. In the event of circumstances preventing the completion of the Order completely or temporarily, the Service Provider undertakes to notify the Customer immediately, stating the reason for suspending the Order and the expected date of completion.
  12. The Service Provider reserves the right not to process orders in relation to Customers who do not perform or violate the Regulations. The Service Provider undertakes to notify the Customer about the situation, providing the reason for refusing to execute the Order and to refund the price of the Products paid by the Customer (if prepayment is made).
  13. The Service Provider is not liable if the Order can not be processed for reasons beyond his control.
  14. Price promotions are valid in the period and conditions indicated each time at the promotional Product on the Stores website. Unless explicitly stated otherwise in the product covered by the promotion, promotions are not subject to joining, and the promotion lasts until 23:59 on the last day of the promotion.
  15. Photos and descriptions of Products placed in the Shop are illustrative materials that are intended only to enable the Customer to develop a general idea of ​​the properties, appearance and usable parameters of the Product. In particular, the appearance of the Product in the pictures presented in the Store may differ slightly from the external appearance of the Product issued to the Customer, which may be the result of other settings of the Customers monitor, lighting conditions, etc. factors related only to using the Internet for shopping. The above-mentioned reservations do not apply to technical specifications made available in the Store as well as brand and model designations of a given Product. For the avoidance of doubt, this provision shall not have the effect of limiting the Service Providers liability to the Customer.
  16. Advertisements, advertisements, price lists and other information placed in the store are in doubt, not for the offer, but for the invitation to enter into a contract. They also do not provide the Service Provider (seller).
§ 6
Intellectual property
  1. Shop and Products, as well as works (including photos and descriptions), trademarks, databases, their selection and a list published on the website www.gsmok.com are protected, in particular pursuant to the Act of February 4, 1994. on copyright and related rights (ie, Journal of Laws of 2016, item 666, as amended), the Act of 30 June 2000 on industrial property rights (ie, Journal of Laws 2013, item 1410, as amended) and the Act of 16 April 1993 on combating unfair competition (ie OJ 2003 No 153, item 1503, as amended), Act of 27 July 2001 on the protection of databases (Journal of Laws 2001 No. 128, item 1402 with changes).
  2. Entity only authorized to the website www.gsmok.com is the Service Provider. The proprietary copyrights to the content, including photographs and descriptions, trademarks and shared databases posted on this website, are held by the Service Provider or third parties. In the case where the rights in question are vested in third parties, the Service Provider presents in the Store products, trademarks and databases on the basis of relevant agreements concluded with these persons, in particular license agreements and agreements on the transfer of copyright or on the basis of applicable laws.
  3. Through the use of tracks or databases made available at www.gsmok.com, Customers do not acquire any rights or license for these works (including photos or descriptions) or databases.
  4. None of the content or works posted on the website www.gsmok.com, including photographs or descriptions, or parts thereof, may be copied, modified, distributed, published, recorded or used in any form and by any means or media, without the prior written consent of the Service Provider. Without the above It is also forbidden to disseminate the content published on this website.
  5. Without the prior written consent of the Service Provider, Clients may use the website www.gsmok.com and tracks (including photos and descriptions) and databases on it posted only within the permitted personal (non-commercial) use provided for in the Law on Copyright and Rights related and the Act on the protection of databases. In particular, modifying, commercial multiplying, blocking, public restoration and public making available on the Internet store or its part, except for cases specified in applicable law, as well as committing any other activities that may infringe the copyrights of any persons are unacceptable.
  6. Any infringement of copyrights or industrial property rights are subject to the sanctions provided for in the Act on Copyright and Related Rights, the Industrial Property Law, the Act on Combating Unfair Competition, the Civil Code and the Penal Code.
§ 7
Personal data
  1. The provisions of this paragraph apply to clients who are physical persons.
  2. The administrator of the Customers personal data in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (referred to as RODO) is Maciej Maludziński, running a business under the name GSMOK Maciej Maludziński with headquarters in Warsaw on the str. Smoleńskiego 3, 01-698 Warsaw.
  3. The administrator has implemented appropriate technical and organizational measures to process customer data in accordance with the law.
  4. The Customers personal data may be processed by the Administrator for the following purposes:
    1. conclusion and performance of the contract for the provision of Services in accordance with § 4 point 4 of the Regulations, including enabling the Customer to log in to his account;
    2. place an order, conclude and execute a Sales Agreement, including making a payment, completing a shipment of goods;
    3. storing information on the Customers account about the Sales Agreements he has concluded and the rights he has in connection with this (complaints, warranty claims);
    4. marketing - the legal basis for data processing is the necessity of processing for the implementation of the legally legitimate interest of the Administrator by conducting direct marketing of its products. Marketing is conducted in particular by sending commercial offers to the e-mail address provided by the Customer, provided that he has consented to receive such correspondence;
    5. use the Administrators service of sending a newsletter to the e-mail address provided that the Customer has agreed to receive such correspondence.
  5. The Customers personal data is processed only for purposes for which the Customer has given his consent or if such authorization results from separate legal provisions.
  6. Personal data may be transferred or made available to entities that process personal data at the request of the Administrator: IT service providers, entities providing postal and courier services.
  7. VII. Customers personal data will be processed for the following periods:
    1. the duration of the contract for the provision of Services, i.e. until the Customer Account is removed in accordance with § 4 paragraphs 9 and 10 above;
    2. for the time necessary to execute the concluded Sales Agreement, the limitation of claims resulting from it and the period of storage of related settlement documents;
    3. the existence of a legitimate interest of the Administrator, unless the Customer objects to the processing of data for marketing purposes and withdraws consent to the transmission of unsolicited commercial information by electronic means;
    4. the acceptance of the consent to receive the newsletter, until it is withdrawn (unsubscribing from the newsletter).
  8. The Customer has the right to request the Administrator to access their personal data, rectify them, delete or limit processing and data transfer.
  9. To the extent that the processing takes place on the basis of consent (including in relation to the newsletter sending service), the Customer may withdraw the consent at any time by sending an e-mail to the Data Administrator. Withdrawal of consent does not affect the legality of the processing, which was made on the basis of consent before its withdrawal.
  10. To the extent that the processing takes place for marketing purposes, the Customer may at any time object to the processing of his data for this purpose.
  11. The customer has the right to lodge a complaint with the Inspector General for Personal Data Protection (from 25 May 2018 to the President of the Office for Personal Data Protection).
  12. Providing personal data is voluntary, however, required to receive marketing materials, including a newsletter and the conclusion and performance of a contract for the provision of Services and a Sales Agreement, including the submission of an order.
  13. In the remaining scope of the principles of processing and protection of personal data of the Customer, the Privacy Policy is defined.
§ 8
Cookies
  1. The store may use cookies (cookies, ie text files placed on the users computer), which serve to identify the browser and store information about the login process when using the Store. Cookies do not contain any personal data.
  2. The store also uses Google Analytics - web analytics service provided by Google, Inc. ( "Google"). Google Analytics uses cookies to enable the Store to analyze how users use it. The information generated by cookies about your use of the Store (including its IP address) will be transmitted to Google and stored by it on servers in the United States. Google will use this information to evaluate the use of the Store by the user, create site traffic reports for website operators, and provide other services related to website traffic and Internet use. Google may also transfer this information to third parties if it is required to do so by law or if they process such information on behalf of Google. Google will not link the users IP address to any other data in its possession.
  3. In the web browser, you can change the settings for cookies. If you do not change these settings, you accept the cookies used in the store.
§ 9
The Service Providers responsibility for defects of Products
  1. The Service Provider is obliged to deliver Products without defects together with all documents concerning the Product in his possession.
  2. Based on Article. 558 § 1 of the Civil Code, the Service Provider excludes its liability under the warranty for physical or legal defects of the Product.
  3. Customers may also exercise their rights under the guarantee provided by the Service Provider or the manufacturer, under the terms of the warranty.
  4. The Service Provider grants a guarantee for the following Products: displays, touch panels, fullsets (displays connected with a touch panel). Detailed warranty conditions, the manner of its implementation and exclusion are specified in the warranty card attached to the Product. The warranty is valid for 6 months from the date of sale of the Product specified in the warranty card. Product defects will be repaired within 60 days from the date of delivery of the Product to the Service Provider. In the event that during the repair it turns out that the defect is impossible to remove, the Service Provider shall exchange the Product for free from defects.
§ 10
Product Test
  1. Before picking up the parcel, the customer should check that the packaging has not been damaged during transport. In the event of damage detected upon delivery, the Customer should not accept the parcel and report the damage in the presence of an employee or courier and immediately contact the Service Provider.
§ 11
Final Provisions
  1. The service provider is not bound by any code of good practice referred to in art. 2 point 5 of the Act of 23 August 2007 on Counteracting Unfair Market Practices (Journal of Laws of 2007 No. 171, item 1206, as amended).
  2. In matters not covered by the Regulations, the relevant applicable legal provisions shall apply, in particular:
    1. the Act of 18 July 2002 on the provision of electronic services (i.e., Journal of Laws of 2016, item 1030);
    2. the Act of April 23, 1964. Civil Code (vol., Journal of Laws of 2016, item 380, as amended);
    3. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (general regulation on protection data) - Official Journal of the European Union L series 119/1.
  3. If any provision of the Regulations is deemed void or ineffective, the invalidity or ineffectiveness of this provision shall not affect the validity or effectiveness of the remaining provisions of the Regulations. The Service Provider will endeavor to replace the invalid or ineffective provision with a new, unlawful provision.
  4. Based on Article. 6 of the Act on the provision of electronic services, the Service Provider informs the Customer, at his request, in the form chosen by him, about specific risks related to the use of any services provided electronically.
  5. All disputes arising from the contract for the provision of Services and the Sales Agreement concluded between the Service Provider and the Customer will be settled by a court of law competent for the seat of the Service Provider.
  6. The Regulations apply to all contracts concluded from 11 may 2018 year.