GIBBAROSA STORE CUSTOMER TERMS AND CONDITIONS

1. TERMS AND CONDITIONS OF GIBBAROSA STORE CUSTOMERS

The Gibbarosa online store, hereinafter referred to as the "Store", operating at www.gibbarosa.com, sells goods via the Internet. The Store's offer is available at www.gibbarosa.com. The online store is run by:

Claudia Doerffer

st. Panska 98/43

00-837 Warsaw

NIP: 5272819165, REGON: 368141913

delivery address: ul. Panska 98/43, 00-837 Warsaw

Definitions used in these Regulations, words or phrases should be understood accordingly:

1. Seller - Klaudia Doerffer, ul. Pańska 98/43, 00-827 Warszawa, NIP: NIP: 5272819165, REGON: 368141913, hereinafter also referred to as "Gibbarosa"

2. The customer is:

a) a natural person who is at least 13 years of age, however, if this person is under 18, the consent of his legal representative is required ,

b) a legal person and an organizational unit that is not a legal person, to which specific provisions grant legal capacity, and which purchases or intends to purchase Goods by placing an order or uses other services of the Online Store (including the Consumer).

3. Consumer - a consumer within the meaning of art. 22 (1) CC.

4. Online Store/Store - a website with Gibbarosa's own name available at www.gibbarosa.com, through which the Customer may purchase Goods from the Seller.

5. Parties - Seller and Customer.

6. Goods - used movable items, presented in the Online Store, which may be the subject of a sales contract.

7. Order Form - a service available on the Store's website through which the Customer can purchase Goods.

8. Regulations - these Regulations of the Online Store.

9. Order - Customer's declaration of will clearly specifying the type and quantity of Goods, aiming at concluding a distance sales contract via the Online Store.

I. General Provisions

1. The Gibbarosa Online Store is run by the Seller.

2. These Regulations define the rules for concluding contracts for the sale of Goods between the Seller and Customers using means of distance communication and the use by Customers of the Gibbarosa Online Store, available at www.gibbarosa.com.

3. In the scope of services provided electronically, these Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended). The Regulations are addressed to all customers of the Online Store. The Customer is obliged to comply with all provisions of the Regulations. The sale takes place on the basis of these Regulations.

4. All information contained on the Store's website, relating to the Goods (including prices), does not constitute a commercial offer within the meaning of art. 66 of the Civil Code.

5. Price information provided on the Online Store website is binding from the moment the Customer receives the e-mail referred to in the provision IV section 5 of the Regulations. After successfully placing an order, this price will not change regardless of price changes in the Store that may occur in relation to individual Goods. In addition to the price, the Online Store will indicate in detail other costs of the concluded contract, including the cost of delivery of the ordered goods to the Customer and any commissions that are charged by third parties in connection with the payment method selected by the Customer.

6. The Seller is not a manufacturer of the Goods and does not conduct wholesale in the Store, and the description of the condition of the Goods is always indicated in the information about the Goods.

7. The condition for successfully placing an order is to fill in the Order Form and provide, among others, accurate address data by the Customer, indicate the telephone number or e-mail address at which the Seller can be contacted.

8. Exclusive rights to the content made available as part of the Services provided via the Gibbarosa Online Store, in particular copyrights, the name of the Store, trademarks of the Service Provider and producers of the Goods, their graphic elements, software and database rights are protected by law and are vested in the Service Provider or entities with which the Service Provider has concluded relevant agreements.

9. Information about the Goods was determined on the basis of statements of persons who handed over the Goods for sale and the verification carried out.

II. General rules

1. The condition for using the services of the Online Store is the acceptance of the Regulations. Placing an order is tantamount to acceptance of the Regulations.

2. The information provided in the Order Form should be truthful and up-to-date. If false or outdated information is provided, the Seller is not obliged to execute the Order.

3. In the case of a Customer who is not a Consumer, the Seller is not obliged to fulfill the order if the Customer does not provide the NIP number and the name of the company under which the Customer conducts business activity and the exact address of the Customer's company.

4. The Gibbarosa Online Store sells via the Internet.

5. The Service Provider uses Cookie files to collect information related to the use of the Store website by the Customer. Some subpages of the Store's website and other means of communication with customers may contain the so-called cookies. "web beacons" (so-called electronic pictures, also known as blank gifs). Web beacons allow you to receive information such as, for example, the IP (Internet Protocol) address of the computer on which the page on which the web beacon was uploaded, website URL address, page loading time, browser type, as well as information contained in Cookies, in in order to assess the effectiveness of our advertisements: a) to adapt the Store's website to the needs of customers; b) creating viewing statistics for the above-mentioned subpages. service.

III. Rights and Obligations of the Parties

1. The Seller takes all possible technical and organizational measures to prevent unauthorized persons from obtaining and modifying the data provided during registration and when placing orders.

2. The customer is obliged in particular to:

a) use the services offered by the Seller in a way that does not interfere with the functioning of the Online Store, in particular through the use of specific software or devices;

b) refrain from taking actions aimed at gaining access to classified information held by the Seller;

c) use the services offered by the Seller in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the customs adopted in a given scope;

d) use the services offered by the Seller in a way that is not inconvenient for other Customers and for the Seller, respecting their personal rights (including the right to privacy) and other rights they are entitled to;

e) use any content posted as part of the Online Store only for personal use.

3. The Seller may deprive the Customer of the right to use the website in the event of:

a) providing false data in the Order Form;

b) finding a violation of the obligations referred to in point 2 above;

c) failure to collect the ordered Goods by the Customer twice. A customer who has been deprived of the right to use the services of the Online Store may not make a new purchase without the prior consent of the Seller.

IV. Placing orders

1. Orders for Goods available in the Online Store are placed via the Order Form available on the Store's website.

2. Information about the availability of the Product is provided each time with a given Product on the Online Store website or during a telephone conversation.

3. Placing an order via the Order Form is possible around the clock, on all days of the week. Orders placed on weekdays after hours. 12:00, on Saturdays, Sundays and holidays will be implemented for execution not earlier than on the next working day.

4. The order is placed by adding the Goods to the basket and confirming the will to place the order. Placing an order by the Customer is tantamount to the Customer's consent to:

a) receiving the information referred to in Art. 12 of the Act of 30 May 2014 on consumer rights constituting Annex No. 1 to these Regulations only to the e-mail address indicated during registration

b) receiving instructions on withdrawal from the contract constituting Appendix 2 to these Regulations only to the e-mail address provided during registration

5. Sending the order by the Customer (confirmation with the Confirm button) constitutes the Customer's offer to Gibbarosa regarding the conclusion of the sales contract, in accordance with the Regulations.

6. After sending the order, the Customer immediately receives confirmation of acceptance of his offer by the Seller electronically (Confirmation of acceptance of the order for execution), to the e-mail address indicated by him, together with the information referred to in art. 12 of the Act of 30 May 2014 on consumer rights, constituting Annex No. 1 to these Regulations, and instruction on withdrawal from the contract constituting Annex No. 2 to these Regulations. After receiving the above confirmation, a sales contract for the Goods ordered by the Customer is concluded.

7. The customer has the right to cancel the order before receiving confirmation from the Seller that the order has been accepted for execution. A declaration of will to cancel the order should be sent to the Seller by e-mail to hello@gibbarosa.com

8. The order is effective in the situation specified in the provision IV sec. 4, first and second sentence, and if the Customer has correctly completed the Order Form, and the data provided by him, in particular address details, telephone number and e-mail address are true and indicated in point IV.4 consent.

9. If the data provided by the Customer is incomplete, the Seller will contact the Customer using the e-mail address and telephone number provided by the Customer in the Order Form. If contact with the Customer is not possible, the Seller has the right to cancel the order.

V. Making Payments. Prices.

1) All prices of goods posted on the Store's website are given in Polish zlotys,

2) In addition to the price of the goods, the following will be indicated on the website:

a) costs of delivery of goods,

b) fees, commissions related to the choice of the payment method by the Customer

3) The price given for each product together with the additional costs indicated in point 2 is binding from the moment the Customer places an order.

4) The customer has the right to choose the method of payment for the ordered Goods:

a) In cash, to a person acting on behalf of the carrier to whom the Seller entrusted the delivery of the ordered Goods (cash on delivery);

b) by electronic payment carried out in the settlement service. Settlements of transactions by credit card and e-transfer are carried out via Przelewy24.

5) In the case of choosing the payment specified in point V.4 lit. b) failure to receive confirmation of payment to Gibbarosa's account within 2 hours of placing the order will result in cancellation of the order.

6) The Seller reserves the right to change the prices of the Goods, carry out and cancel promotional campaigns and sales or make changes to them. The above entitlement does not affect the prices of goods in orders placed before the date of entry into force of the price change, conditions of promotional campaigns or sales.

7) Promotions in the Online Store cannot be combined, unless the regulations of the promotion provide otherwise.

VI. Order fulfillment.

1. After the Customer receives confirmation of acceptance of the offer, the process of order fulfillment by the Seller begins.

2. The deadline for order fulfillment should be from 1 to 3 business days, unless otherwise stated for the goods and depends, among others, on the method chosen by the Customer.

3. The cost of shipping the Goods is borne by the Customer and is added to the price for the selected Goods. The customer will be informed about the amount of shipping costs as well as fees and commissions related to the selected form of payment when placing the order.

4. The goods are delivered to the indicated address in the territory of the Republic of Poland via transport companies. The expected delivery time of the goods by the carrier is 1 working day from the day following the shipment, not longer than 3 working days. This date may change due to circumstances attributable to the carrier, over which the Seller has no influence.

5. When collecting the parcel with the order, the customer should check the condition of the parcel. In the event of damage to or tampering with the packaging, a damage report should be drawn up in the presence of the courier, which should be immediately sent to the Seller together with a possible complaint.

6. The maximum order processing time is 3 working days, after this date the Customer is entitled to cancel the order by sending a statement to the Seller via e-mail.

7. Orders are processed in the order in which they are received.

8. The Customer is entitled to use the available services in the field of informing the Service Provider about the current status of the Order.

9. A proof of purchase is attached to each shipment along with the information referred to in art. 12 of the Act of May 30, 2014 on consumer rights in the event that the Customer did not consent to its delivery using the e-mail address indicated by the Customer. The seller is not a VAT payer

VII. Right to withdraw from the contract

1. The Customer may withdraw from the remote sale of Products without giving any reason by submitting a relevant statement electronically or in writing within 14 (in words: fourteen) days.

2. The above right may be exercised by the Customer by sending a written statement of withdrawal from the sales contract to the following address: Gibbarosa, Pańska 98/43, 00-837 Warsaw. The model withdrawal from the contract is attached as Appendix 3 to the Regulations. 

4. The 14-day period indicated above is counted from the day on which the delivery of the Goods to the Customer by the carrier took place.

5. In the event of withdrawal from the contract for the sale of Goods concluded remotely, the contract is considered void and the Customer is released from any obligations. The customer is responsible for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item. What the Parties have provided is returned unchanged, which means that the declaration of withdrawal will be considered ineffective if it turns out that the returned Goods have mechanical damage, dirt or lack of elements that are an integral part of it. unless the above occurred as a result of non-compliance of the Goods with the contract within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws of 2014, item 121).

6. The mutual reimbursement of benefits, including the cost of delivering the item to the Customer, should be made without delay, no later than fourteen (14) days from the date of receipt of the Customer's declaration of withdrawal from the contract. The Seller refunds the payment in the form of a voucher equal to the value of the returned product. The Seller may withhold the refund of the payment received from the Customer until the item is returned.

7. The Goods returned by the Customer should be packed in an appropriate way, ensuring no damage during transport, if possible, the Goods should be packed in the original packaging. The goods should be returned together with complete equipment and accessories as well as documents issued during its sale to the following address: Gibbarosa, ul. Panska 98/43
00-837 Warsaw

8. The cost of packaging and returning the Goods is borne by the Customer. To meet the deadline, it is enough for the Customer to send the item back within 14 days from the date on which he withdrew from the contract. The store does not accept COD shipments.

9. The regulations indicated in clause VII apply only to Customers who are consumers within the meaning of the Civil Code. The powers provided for in the above Therefore, the regulations apply only to natural persons making purchases for purposes not related to business activity.

VII. Final Provisions

1. Recognition of individual provisions of these Regulations in the manner provided for by law as invalid or ineffective, does not affect the validity or effectiveness of the remaining provisions of the Regulations. In place of the invalid provision, the rule that is closest to the purposes of the invalid provision and the entire Regulations will be applied.

2. The Seller reserves the right to change these Regulations at any time. Amendments to the Regulations are valid from the moment they are clearly indicated and posted on the Online Store website. In the case of registered Customers, they will be bound by the provisions of the new Regulations.

3. The current Regulations are published on the Online Store website.

4. The Seller is not responsible for blocking mail server administrators from sending messages to the e-mail address indicated by the Customer and for deleting and blocking e-mails by software installed on the computer used by the Customer.

5. The Seller is not responsible for transactions made by unauthorized third parties who gained access to the Customer's account as a result of the Customer's failure to observe the precautionary rules when using the login and password to the account.

6. The Regulations come into force on January 31, 2023.

APPENDIX 1

INFORMATION REFERRED TO IN ART. 12 OF THE ACT OF MAY 30, 2014 ON CONSUMER RIGHTS

1. The products offered in the Gibbarosa Online Store are used, free from physical and legal defects and may be legally sold on the territory of the Republic of Poland.

2. Seller - Klaudia Doerffer, ul. Pańska 98/43, 00-837 Warsaw, entered into the Central Register and Information on Economic Activity, NIP: 5272819165, REGON: 368141913, e-mail address hello@gibbarosa.com;

3. The address of the sales office and the right to withdraw from the contract Gibbarosa, ul. Panska 98/43, 00-837 Warsaw.

4. The products are delivered to the indicated address in the territory of the Republic of Poland via a shipping company selected by the Seller. The estimated delivery time of the goods by the carrier is 1 business day from the day following the shipment. This date may change due to circumstances attributable to the carrier, over which the Seller has no influence.

5. The method and date of exercising the right of withdrawal, the costs of returning the item in the event of withdrawal from the contract and the Customer's obligation to pay reasonable costs incurred by the Seller, in the event of withdrawal by the Customer from the contract, the Customer will be informed by the TEMPLATE INSTRUCTION ON WITHDRAWAL FROM THE CONTRACT constituting Appendix No. 2 to the Regulations.

6. The Customer is not entitled to withdraw from the contract in the cases specified in detail in art. 38 sec. 1 of the Act of May 30, 2014 on consumer rights, m. in relation to contracts:

a) for the provision of services, if the Seller has fully performed the service with the express consent of the Customer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract,

b) in which the subject of the service is a non-prefabricated item, manufactured according to the Customer's specifications or serving to satisfy his individual needs;

c) in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.

7. The Seller as a seller is liable to the Customer for non-compliance with the contract of sale of the Goods purchased by this Customer, to the extent specified in the provisions of the Civil Code and undertakes to deliver the Goods without defects.

APPENDIX NO. 2

TEMPLATE OF INSTRUCTIONS ON WITHDRAWAL FROM THE AGREEMENT

Right of withdrawal

You have the right to withdraw from this contract within 14 (fourteen) days without giving any reason. The deadline to withdraw from the contract expires after 14 (fourteen) days from the day on which you came into possession of the item or on which a third party other than the carrier and indicated by you came into possession of the item. To exercise the right to withdraw from the contract, you must inform Klaudia Doerffer, (correspondence address ul. Pańska 98/43, 00-837 Warsaw, e-mail hello@gibbarosa.com) about your decision to withdraw from this contract by an unambiguous statements. The statement of withdrawal from the contract should be sent by e-mail to hello@gibbarosa.com or by post.

You can also use the model withdrawal form attached as Appendix 3 to the regulations of the Gibbarosa Online Store, but it is not mandatory. You can complete and send the withdrawal form or any other unequivocal statement in one of the possible forms: by post or by e-mail to hello@gibbarosa.com. After receiving your declaration of withdrawal from the contract, we will immediately send you an acknowledgment of receipt of information on withdrawal from the contract on a durable medium (e.g. by e-mail). In order to meet the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.

Consequences of withdrawing from the contract

If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the type of delivery chosen by you other than the least expensive type of standard delivery offered by us), immediately and in any event not later than 14 (fourteen) days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this return. We may withhold the reimbursement until receipt of the item or until you provide us with proof of its return, whichever occurs first. Please send back or hand over the item to us immediately, and in any case no later than 14 (fourteen) days from the day on which you informed us about the withdrawal from this contract. The deadline is met if you send back the item before the expiry of the period of 14 (fourteen) days.

APPENDIX NO. 3

TEMPLATE OF WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER

(this form should be completed and returned only if you wish to withdraw from the contract to the address below)

Gibbaros

ul. Panska 98/43

00-837 Warsaw

hello@gibbarosa.com

- I ................................................ ................................................ here I do inform about my withdrawal from the contract of sale of the following items:

• Name of the Good(s) ..................................................... ..................................................... ..................................................... .......... 
• Order No................................................. ..................................................... ..................................................... ............... 
• The date of conclusion of the contract ............................................... ..................................................... ........................................ 
• Date of receipt ……………………………………………………………………………………………………………………………… ……..
• Consumer's address ..................................................... ..................................................... ................................................... 
• Phone number................................................ ..................................................... ..................................................... .......................... 
• E-mail adress……………………………………………………………………………………………………………………………… ………………………
• Account number to which the funds are to be returned in the case of cash on delivery ................................... .... ……………………………………………………………………………………………………………… ………………………………………………
• Date and signature of the consumer ..................................... ..................................................... ..................................................... .....................