法规

法规

These regulations set forth the principles of using the services of Gastroparts Online Store


The online store is owned and the website www.gastroparts.pl is operated by GASTROPARTS  SPÓŁKA z o.o. [registered partnership] with its registered office at ul. Józefa Nowaka 7-9, 87-100 Toruń, entered in the Register of Entrepreneurs by the District Court VII Commercial Division of the National Court Register under number KRS: 0000369171, tax identification number NIP: 956-227-59-65.
Definitions 
1. Seller - means GASTROPARTS SPÓŁKA z o.o. with its registered office in Torun, ul. Józefa Nowaka 7-9, entered in the Register of Entrepreneurs maintained by the District Court in Torun, VII Commercial Division of the National Court Register, under number KRS: 0000369171, tax identification number NIP: 956-227-59-65
2. Ordering Party - means everyone who purchases the Goods.
3. Consumer - means a natural person performing a legal transaction with an entrepreneur not directly related to their business or professional activity.
4. Store - means the online store run by the Seller, operating at www.gastroparts.pl  
5. Goods - means all products offered by the Seller at the Store for sale, and in particular, spare parts for catering equipment.
6. Price list – means the list of Goods, together with their markings and prices.
7. Price – means the net price of the Goods placed next to the information on the Goods, excluding the delivery costs and VAT.
8. Order - means the offer addressed to the Seller by the Ordering Party in electronic form in accordance with the provisions of these Regulations, concerning the purchase of Goods on the principles and in the form indicated in these Regulations.
9. Personal Data - personal data within the meaning of the Act of 29 August 1997 on the protection of personal data. 
10. Working Days – from Monday to Friday, excluding Saturdays and public holidays.
11. Working Hours - hours from 9:00 am to 5:00 pm on Working Days from Monday to Thursday, and 9:00 am to 4:30 pm on Working Days on Friday.
12. Delivery Costs - means the costs incurred by the Seller necessary to deliver the Goods to the Ordering Party in accordance with the Order. 
13. Registration - the process of creating an account by the Ordering Party on the Website, during which the Ordering Party will be obliged to enter the personal data indicated in the Privacy Policy.
14. User Account – an account created for the Ordering Party on the Website in the registration process.
15. Website – the Seller’s website.
16. Regulations – these regulations define terms and conditions governing the use of the Website.
 
General provisions 
1. These Regulations define the principles of the Store’s operations and the services.
2. The purpose of the Store's activity is to sell the Ordering Party a wide range of spare parts and other goods made available by the Seller.
3. The use of the Store and making purchases is governed by the terms and conditions set forth in the Regulations and other generally applicable laws. 
4. In order to make a purchase at the Store the Customer has to create a User Account in the Registration Process and submit the Order.
5. Each time the sales agreement shall be concluded at the Seller’s registered office in Toruń at Józefa Nowaka 7-9. 
6. The data provided by the Seller on the Website does not constitute an offer within the meaning of Art. 66 of the Civil Code. The data only serves as commercial information. 
7. The Store can be used on condition that the Customer has is Internet access through Internet browsers in minimum versions of Internet Explorer 8, Firefox 5, Google Chrome 11.
8. The Seller does not give any warranty on the Goods sold. The basis for possible claims on the part of the Ordering Party may be the provisions on the warranty for defects and detailed regulations on consumer sales.
 
Registration
1. Registration requires filling in correctly the registration form available on the Website.
2. Proper filling of the registration form requires the following data:
• in the case of the Ordering Party that is not a Consumer: full company name, tax identification number NIP, address for service, e-mail address;
• in the case of the Consumer: first name, surname, address for service, e-mail address.
3. The aforementioned information allows using the Website by the Ordering Party and issuing VAT invoice or receipt that constitute confirmation of the transaction. 
4. For the proper functioning of the Website and access to the offered services, the given data must be complete and accurate. 
5. As a result of the Registration, a User Account is created on the Website and assigned directly to the e-mail address indicated in the registration process.
6. In order to enable the User to use the Website and the offered services properly, he or she should update their data on a regular basis.
7. The User Account created on the Website cannot be traded and made available to third parties.
 
Placing orders
1. The order can be placed by filling the appropriate order form, which is equivalent to making an offer for the Sales Agreement, under the conditions specified in the declaration and description of the Goods. 
2. In the Order the Ordering Party indicates:
a. ordered Goods and their quantity;
b. address for the delivery of the Goods;
c. delivery date; 
d. form of payment;
e. contact telephone number;
3. After the Order is placed, the Ordering Party receives an e-mail with confirmation of the Order acceptance and Order details sent to the address assigned to the User's Account.
4. The sales agreement is concluded when the confirmation of the Order acceptance, containing all relevant elements of the Order, is generated.
5. The Seller shall confirm the acceptance of the Order within 24 hours of its receipt. If the Order was not placed during Working Hours, the Seller will confirm the acceptance of the Order within 24 hours starting at 9:00 of the next Working Day. After that time the Ordering Party is no longer bound by the content of the Order.
6. The Seller may also, within the time allowed for acceptance of the Order, respond to the Order, subject to the modification that, the Order lead time will be longer than standard. The Seller will specify the approximate Order lead time. Then the Ordering Party, within 24 hours, has the right to accept such a modified offer (Article 68 of the CC. If the Ordering Party refuses to modify the offer or 24 hours elapse after the modified offer was sent to the Ordering Party, the sales agreement shall not take effect. 
7. Information about the Delivery Cost and other additional costs connected with the chosen form of payment will appear after selecting the form of Goods delivery and the form of payment in the order summary and specifying the delivery date.
8. For each order placed at the Store, a sales note is issued in the form of a VAT invoice or a receipt. The sales note is issued when all the Goods selected for the order are completed and ready for shipment.
9. In order to verify the data submitted during placing the order at the Store, the Seller reserves the right to use technical means such as telephone, fax, e-mail to provide evidence of the fact of placing the order and its conditions, as well as the identity of the Ordering Party, necessary for its realization.
 
Pricing policy
1. Prices presented at the Store at the time of placing the order are binding prices. After logging in and searching for goods, the Ordering Party receives information on both the net and gross prices of the goods. The gross price includes VAT at current rates. 
2. Prices presented at the Store are divided into wholesale prices and retail prices.
3. Prices presented at the Store do not include delivery costs of the Goods. 
4. The Seller reserves the right to change the prices of the Goods. 
5. Information about the total value of the order is presented on the Website, after the Ordering Party has chosen the form and time of delivery and the form of payment.
6. The Seller reserves the right to differentiate the prices according to the chosen form of payment, which the Ordering Party will be informed about at the latest at the time of placing the order.
 
Forms of payment
1. Payment for the ordered Goods can be made in one of the following forms:
a. cash payment, i.e. personally in cash – Order fulfillment will commence after the Ordering Party completes the process of Order placement and Order Delivery will be made via courier service.
b. by electronic transfer, bank transfer, ordinary transfer or credit card - Order fulfilment will be initiated after the Seller receives the total amount of the required payment for the Order placed. Transaction settlements by credit card transactions and e-money transfer are conducted at www.Przelewy24.pl 
The payment card operator is PayPro SA Agent Rozliczeniowy (Clearing Agent), ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under number KRS 0000347935, tan identification number NIP 7792369887, national business registry number Regon 301345068
2. The Seller allows for the possibility of providing, on the basis of individual arrangements with the Ordering Party, other forms of payment.
3. In the case of selected Goods, the Seller reserves the right to exclude certain methods of order deliveries or payment forms for the order, which the Ordering Party will be informed about at the latest at the time of placing the order.
 
Delivery of goods
1. Goods are delivered by courier service from 9.00 am to 5.00 pm. When expressly indicated by the Ordering party, delivery may be made at other times, however, this may involve an additional charge. The Ordering Party will be informed about the additional charge at the latest at the time of placing the Order. 
2. The goods are delivered to the address of the consignee indicated in the order form.
3. Orders are only fulfilled in Poland on Working Days.
4. The delivery of Goods by courier takes place on the basis of the authorization given by the Ordering Party.
5. The delivery of Goods will be made within one Working Day (24 hours), provided that the payment has been credited to the Seller's account or the order has been accepted as payable on pickup until 13:30, and the following day is a Working Day. Otherwise, deliveries will take place between 48 and 72 hours, starting at 9 am on the nearest Working Day, provided that the following days are Working Days.  
6. The order lead time is counted from the receipt of the transfer by the Seller, and in the case of COD (cash on delivery), from the confirmation of the order acceptance.
7. The document confirming the sale is attached to the consignment. 
8. On the receipt of the consignment, the Ordering Party should, in the presence of the courier, check that the packaging has not been damaged in transport and that the content of the consignment is in line with the contents of the Order.
9. If the consignment is inconsistent with the contents of the order or the Goods have been damaged, it is recommended that the Ordering Party draw up a protocol of damage detailing all defects of the Goods. In this case, one copy of the protocol should be delivered to the courier, the other one should be sent to the Seller's address. The above procedure aims at improving the complaint process. 
 
Complaints and returns in the case of non-consumer customers
1. This item of the Regulations shall apply exclusively to the Non-Consumer Ordering Party. 
2. Therefore, in the case of complaints and returns concerning Non-Consumer Ordering Parties the provisions of Art. 556-581 of the Act of 23 April 1964 of the Civil Code shall apply.
3. The Seller shall not be liable for any defects caused by improper installation and operation of the sold Goods.
4. If this is not the case of Seller's liability under the warranty, authorizing the Ordering Party to return the Goods, the Ordering Party may return the purchased Goods only with the Seller's consent, at the expense of the Ordering Party, if the Goods have not been used and are in original sealed packaging.
5. From the returnable price, the Seller may deduct 20% of its amount for the lump-sum transaction handling costs. This does not apply to returns made due to defects of the Goods.
6. The seller shall return the payment to the bank account specified by the Ordering Party. The Seller allows the possibility of using the refund for the remaining payments required from the Ordering Party.
7. Seller does not accept any pickup shipments.
 
Complaints and returns in the case of transactions with consumers 
1. This item of the Regulations shall apply exclusively to the Ordering Party that is a Consumer.
2. The Seller is responsible for the sale of the Goods without defects. 
3. The Consumer has the right to file a complaint. It is advisable to provide Consumer identification data and order number in the complaint, which will help to streamline the complaint process.  
4. The Seller will handle the complaint without delay, within no more than 14 days.
5. The Consumer has the right to withdraw from the agreement within 14 days. It is not necessary to provide reasons for withdrawal from the agreement. The withdrawal period shall begin with the receipt of the Goods by the Consumer.
6. The Consumer can withdraw from the agreement by submitting a notice of withdrawal to the Seller. The above notice may be submitted on a form which is available at http://www.gastroparts.com/wzor_odstapienia_od_umowy.pdf 
7. The 14-day period for withdrawal shall be deemed to have been observed if the notice of withdrawal is sent before its expiry.
8. In the event of withdrawal, the agreement shall be considered as not concluded. If the Consumer submitted a notice of withdrawal before the Seller accepted his offer, the offer ceases to be binding. 
9. The Seller shall immediately, not later than within 14 days from the date of receipt of the consumer's notice of withdrawal, return to the Consumer all payments made by him, including delivery costs. If the Consumer has chosen the form of delivery different than the cheapest ordinary delivery method offered by the Seller, the refund will not cover the additional costs incurred by the Consumer.  
10. The Seller will reimburse the payment using the same payment form that was used by the Consumer, unless the Consumer expressly agrees to a different payment form without further costs. 
11. If the Seller has not offered to collect the item from the Consumer, it may refrain from reimbursing the payment received until the item is returned or the Customer delivers a proof of return, whichever occurs first.  
12. The Consumer is obliged to return the Goods to the Seller or to deliver the Goods to a person authorized by the Seller to receive them promptly, but no later than 14 days after withdrawing from the agreement. This term does not apply to situations in which the Seller has offered to collect the Goods itself. In order to meet the above deadline, it is enough to return the Goods before expiry. The Consumer bears only the direct costs of returning the Goods.  
13. The Consumer bears the responsibility for reducing the value of the Goods resulting from the use of the Goods beyond the extent necessary to establish the nature, characteristics and proper functioning of the Goods. 
14. The Consumer does not have the right to withdraw from the contract in which the subject-matter is not a prefabricated item but manufactured according to the specifications of the Consumer or satisfying its individual needs.
15. We inform that the Consumer, irrespective of the possibility to pursue its claims in court, has the right to use non-judicial methods of resolving disputes with the entrepreneur, inter alia, mediation, arbitration and complaint commissions. 
16. In particular, the Consumer has the right to file an application to one of the Permanent Courts of Consumer Conciliation. A list of competent units is currently available at http://www.uokik.gov.pl/wazne_adresy.php#faq596 
17. Moreover, the Consumer has the right to seek help of relevant county (municipal) consumer ombudsmen or social organizations whose statutory tasks include consumer protection (including, inter alia, the Consumer Federation http://www.federacja-konsumentow.org.pl/63,tu-znajdziesz-pomoc.html or the Association of Polish Consumers http://www.konsumenci.org/pomoc-konsumencka,infolinia-konsumencka,2,35.html 
 
Security and privacy policy 
1. All information provided by the Ordering Party while placing and fulfilling the order is transmitted via and within an infrastructure using secure techniques.
2. All information necessary for the transfer made by the Ordering Party during the execution of the order is transmitted via and within the framework of an eCard infrastructure using secure techniques. Therefore, the Seller does not have access to credit card numbers or CVV and CV2 codes.
3. While using the Website, the Ordering Party may be asked to provide some of its Personal Data. 
4. Personal Data will be used and processed solely for the purpose of performing the contract (including handling the complaint). The use of Personal Data for other purposes, such as for the purpose of operating, optimizing the operation of the system and tailoring the offer to individual needs and preferences, will only occur if the Ordering Party expressly agrees. 
5. Sending by electronic means, to the indicated e-mail address, commercial information within the meaning of Art. 9 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204) shall only take place after obtaining the appropriate consent from the Ordering Party. 
6. Personal data stored in the Seller's database is processed solely for the Seller’s needs. The data is collected with due diligence and adequately protected against unauthorized access, pursuant to the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 1997, No. 133, item 883). 
7. The stored data may be made available to the Ordering Party at any time, and may also be altered or removed by the Ordering Party at any time. Changing or deleting data may be done by the Ordering Part or with the help of the Website Operator.  
8. The Seller shall, at the request of the Ordering Party, remove the data, in order to prevent unambiguous identification of Personal Data with the Ordering Party. The above removal of Personal Data will prevent further processes after the sale.  
9. Once the account that has been deleted, it cannot be reactivated. 
10. Some areas of the Website may use Cookies, that is, small text files sent to the Customer's computer identifying it in the way needed to simplify or cancel the operation. Cookies are harmless to the Customer's computer. Cookies are required to be accepted by the customer's web browser and not removed from the disk.
 
Information on the ODR platform
1. We would like to inform that pursuant to Regulation (EC) No 524/13 of the European Parliament and of the Council of 21 May 2013 on the online dispute resolution system for consumer and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on consumer ODR) Consumers may use out-of-court complaint and redress procedures also through the ODR platform.
2. The European ODR platform is an interactive website that allows consumers to file complaints. To take advantage of this opportunity, use the electronic link to the ODR platform: ec.europa.eu/consumers/odr
3. The ODR Platform is intended to facilitate independent, impartial, transparent, effective, expeditious and fair out-of-court resolution of disputes between consumers and traders via the Internet over contractual obligations resulting from online sales or service agreements concluded between consumers living in the European Union and traders established in the European Union.
4. At the same time, we remind you that the current email address of Gastroparts Spółka z o.o. , dedicated to contact with the Ordering Party is: gastroparts@gastroparts.pl 
 
Final resolutions
1. The sales agreement is concluded between the Ordering Party and the Seller. Important provisions of the agreement shall be preserved, secured and rendered available in the printed version of the agreement and delivered to the Ordering Party.
2. The Seller reserves the right to amend the Regulations. Any changes to the Regulations shall apply after 14 days from the date of their publication on www.gastroparts.pl. Orders placed before the date of the entry into force of the amendments to the Regulations apply to the existing provisions of the Regulations. 
3. All names of the Goods are used for identification purposes and may be protected under the Industrial Property Law (Journal of Laws No. 119, 2003, item 1117).
4. All photos posted on the Website are protected by copyright in the light of Art. 1 of the Act of 4 February 1994 on copyright and related rights (Journal of Laws 1994 No. 24 item 83), i.e. they have a creative and individual character. They cannot be used in any way without the Seller's permission. The use of photographs without proper permission constitutes a copyright infringement, in accordance with Art. 17 of the aforementioned Act.

 

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Gastroparts sp. z o.o.
ul. Józefa Nowaka 7-9
87-100 Toruń
tel: +48 56 657 00 66
tel: +48 56 657 00 68
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