TERMS AND CONDITIONS
The agreement between the Customer and the Seller may be made in two ways. The Customer has the right before placing an order to negotiate all terms of the agreement with the Seller, including changing the provisions of the following regulations. Negotiations should be conducted in writing and addressed to the Seller (3GRAVITY Luke Pilewski, ul. Lipowa 7a, 00-316 Warsaw). In case of the Customer giving up the possibilities of concluding an agreement on individual terms, the following terms and applicable laws are valid.
1. Complaint address:
ul. Lipowa 7a
2. Contact details:
ul. Lipowa 7a
Tel: 22 827 97 13
Mobile tel.: 695 771 835
- Delivery price-list – can be found under http://3gravity.pl/pl/content/1-delivery where possible options and costs are compared.
- Delivery – type of transport service, the identity of the carrier and the cost. All are included in the delivery price list located at http://3gravity.pl/pl/content/1-delivery .
- Proof of purchase – invoice, bill or receipt issued in accordance with the Act on Tax on Goods and Services of 11 March 2004, as amended, and other relevant laws.
- Product page – a single sub-page containing information about a single product.
- Customer – an adult person with full legal capacity, a legal person or an organizational unit without a legal personality and having the capacity to perform legal acts, making a purchase from the Seller which is directly associated with its business or professional activity.
- The Civil Code - Civil Code Act of 23 April 1964 as amended.
- The Code of Practice - a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 points. 5 of the Act on combating unfair commercial practices dated 23 August 2007, as amended.
- Consumer - an adult person with full legal capacity, conducting legal activity with the Seller that is not directly related to its business or professional activity (in accordance with Art. 221 of the Act of 23 April 1964. Civil Code (Dz.U.1964.16.93)
- Shopping Cart - list of products consisting of the products offered in the store based on what the Buyer has selected.
- Buyer - both a consumer and a customer.
- Place of issue - a postal address or a collection point specified in the order by the Buyer.
- Moment of release of item – the moment in which the Buyer or a third person person designated by him comes into ownership of the item.
- Payment - method of buying the subject of the agreement and covering the delivery.
- Consumer law - the Law on Consumer Rights dated 30 May 2014.
- Product - minimum and indivisible amount of things that can be part of an order, and which is given in the shop of the Seller as a unit of measure in determining the price (price / unit).
- Subject of the contract - products and the delivery of them that are contracted.
- Subject of provision - the subject of the contract.
- Issue point – a place of issue of items that is not a postal address, mentioned in the statement provided by the Seller in the shop.
- Item – movable property that can be or is the subject of the agreement.
- Shop - an Internet service available at 3gravity.pl a buyer can place an order.
The shop 3gravitypl is run by the company:
3GRAVITY ŁUKASZ PILEWSKI
Ul. Wojska Polskiego 24a
Idea Bank Account: 63195000012006038679380002
Inspector General for Personal Data Protection (GIODO):
Central Registry and information on economic activity is carried out by the Minister of Economy.
A collection of personal data has been registered in the Inspector General and is awaiting to be given a number.
hereinafter referred to as "Seller".
- System - a set of IT equipment and software, enabling processing and storage, as well as sending and receiving of data via telecommunication networks by using an appropriate for the type of network end device, commonly called the Internet.
- Completion time - a number of hours or working days, shown on a product card.
- Agreement - an agreement concluded away from business premises or at a distance, within the meaning of the Act on consumer rights of 30 May 2014 in case of consumers and a sales contract within the meaning of Art. 535 of the Civil Code of 23 April 1964 in the case of buyers.
- User - a person who has accepted the Terms.
- Defect - includes both physical defects and legal defects.
- Physical defect - non-compliance of the goods sold under the agreement, especially if the thing:
- doesn’t have the properties, which this type of item should have based on its purpose described in the agreement or resulting from circumstances or its general purpose;
b. doesn’t have a characteristic which it was assured to have by the Seller to the Consumer;
c. isn’t appropriate for the purpose informed by the Consumer to the Seller before settling the agreement and the Seller did not raise any objections to such use of the thing;
d. was given out to the Consumer in incomplete condition;
e. was incorrectly mounted and activated, if these activities were done by the Seller or a third person, which the Seller approved and took responsibility for or if these activities were done by the Consumer who followed the instructions provided by the Seller;
f. doesn’t have a property, which was assured by either the manufacturer or his agent or a person who brings the thing onto the market in terms of his business activity or a person who put on the sold property his name, trademark or other distinctive signs which present him as a producer, unless the Seller did not know of these assurances and assessing reasonably he could not known of them or they would not have an impact on the Consumer's decision of accepting the agreement, or if it’s content was corrected before the conclusion of the agreement.
30. Legal defect - a situation when the item sold is owned by a third party or is encumbered with a right of a third party, and also if the restriction on the use or disposal of thing stems from a decision or judgment of the competent authority.
31. An Order - Buyer's declaration of intent made through the shop and specifying clearly: the type and quantity of products; type of delivery; payment method; place where the goods are to be delivered and heading directly towards a conclusion of the agreement between the Buyer and the Seller.
§2. Means of communication
In the case of the agreement being made at a distance means of communication between the Customer and the Seller will be conducted by:
- e-mail address: firstname.lastname@example.org
2. telephone, under the number +48 695 771 835, cost of calls in line with the rates of the operator, which provides services to the Customer.
3. Seller's address: 3GRAVITY Łukasz Pilewski, ul. Lipowa 7a, 00-316 Warszawa
§3. General terms
1. The agreement is in Polish, in accordance with the Polish law and with these terms.
2. The place of issue must be located on the Polish territory.
3. The Seller is obligated and undertakes the obligation to provide services and deliver things free from defects.
4. All prices quoted by the Seller are denominated in the Polish currency and are gross prices (including VAT). Prices do not include the cost of delivery, which is specified in the delivery price-list. The availability of the presented products is subject to change and the administered prices do not constitute an offer in accordance with the commercial law. We reserve the right to change prices of offered goods, introduce new products to our offer on our online store, carry out and cancel promotions on our website or make changes to them.
5. All deadlines are counted in accordance with Art. 111 of the Civil Code, which means that a period expressed in days expires at the end of the last day of the period, and if the beginning of a period expressed in days is a certain event, the day the event occurred is not taken into account when calculating the deadline.
6. The Seller does not provide the Buyer a guarantee within the meaning of Art. 577 of the Civil Code, he informs him however of known guarantees given by third parties for products offered in the store.
7. The Seller does not charge any fees for communicating with him using the means of distance communication, and the Buyer shall bear the communication costs resulting from the agreement he entered into with a third party provider for a specific service enabling communication at a distance.
8. The Buyer is guaranteed by the Seller proper operation of the store through the system on the following browsers: IE version 7 or later, Firefox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of Java and Flash, on screens with a resolution over 1024 horizontal pixels. Using third-party software that affects the operation and functionality of the following browsers: Internet Explorer, FireFox, Opera, Chrome, Safari can result in incorrect display of the store, so in order to get full functionality of the 3gravity.pl store they should all be turned off.
9. The Buyer has the option to allow the shop to remember his data in order to make the process of placing his next order easier. For this purpose, the Buyer shall provide the login and password needed to access his account. The login and password are a string set by the Buyer, who is responsible for keeping them secret and protecting them against unauthorized access by third parties. The Buyer has the possibility to access, modify, update and delete their account at the store at any moment.
10. The Seller shall apply to the code of good practice.
- Orders can be placed 24 hours a day, 7 days a week.
- Making a purchase is possible for users who are registered and have an account on the site, as well as for people who do not have an account on the site.
- To place an order the Buyer should do at least the following steps, some of which may be repeated:
a. adding a product to the cart;
b. choosing the type of delivery;
c. choosing the type of payment;
d. choosing the place of delivery;
e. accepting the Terms by checking the appropriate box;
f. completing the order by pressing the „Confirm order” button in the shop.
4. After making an order the Customer receives an e-mail with confirmation of the order.
5. The term of realization of the order begins when:
a) in the case of payment by bank transfer - after receiving the amount of money covering the order in the bank account of the Seller.
b) in the case of orders paid on delivery - after confirmation of the order by the Customer by pressing a link in the order confirmation e-mail.
6. Implementation of the agreement depends on the availability of goods in the warehouse or in the suppliers Store. In the event of unavailability of the goods covered by the contract the Customer will be informed about the status of the order and has the right to decide the manner of its implementation (partial completion, extension of waiting time or canceling of the whole order).
7. Sales and promotions cover a limited amount of goods. Realization of these type of sales is made in the order that the confirmed orders come in for the specific item, until the amount of stock covered by this promotion or sale runs out.
8. An invoice or receipt is issued for each order. The invoice is issued at a time when all the goods ordered by the Customer are completed and ready for shipment. On request of the Customer, we can also issue a VAT invoice.
9. The Customer agrees that an electronic image of the settlement documents is issued and sent to him electronically to the indicated e-mail address, in particular such as VAT invoices with attachments, corrective VAT invoices with attachments and forms. This agreement also entitles the Seller to issue and transfer VAT invoices in electronic form, in accordance with the Regulation of the Minister of Finance dated 17 December 2010 on the transmission of invoices in electronic form, rules of storing them and procedures for making them accessible to the tax authority or tax inspection authority.
10. The Customer has the right to make changes in the order until the sale completes, precisely until the invoice is issued. The Customer has the right to cancel the order in its entirety until the goods are sent. The above changes should be made through the Customer Service - e-mail at: email@example.com
11. The prices are given in Polish zloty and include VAT. The availability of the presented products is subject to change and the administered prices do not constitute an offer in accordance with the commercial law. We reserve the right to change prices of offered goods, introduce new products to our offer on our online store, carry out and cancel promotions on our website or make changes to them.
§5. Methods of payments and delivery
1. The method of delivery of goods shall be selected by the Customer and specified in the order. The Customer has the right to receive the purchase by a courier, which he orders himself (the Seller then only prepares the order for transport to be received by the courier).
2. Costs and delivery details can be found here http://3gravity.pl/pl/content/1-delivery. The delivery time is up to 7 days, unless the product card indicates a different realization time. An order for goods with different realization times is sent after all the products are ready, which means after the longest realization time of the products selected has passed. If the delivery time exceeds 30 days the Customer will be informed of the above. In this case the Customer has the right to respond to the situation in accordance with point 4 paragraph 7.
4. The delivery time depends on the delivery method chosen by the Customer. With deliveries made by mail (Polish Post) the delivery time is approximately 2 - 4 working days, in case of delivery by a courier (depending on courier chosen) 1 - 1-5 working days.
5. Ordered goods can be paid for with the following forms of payment:
- bank transfer,
- payment on delivery,
- payment through electronic payment systems,
- instalment payments in the PayU system (terms according to the rules of that system)
6. Delivery is limited to the area of the Polish Republic.
§6. Conclusion of the agreement
1. Conclusion of the agreement takes place once the Customer makes an order. Realization of orders paid by bank transfer or via electronic payment is made after the Customer’s payment appears on the Seller's bank account.
2. Purchased goods are sent with the sales document chosen by the Customer (invoice / receipt) through the carrier also chosen by the Customer to the address specified by the Customer in the order form.
§7. Termination of the sale agreement
1. In accordance with Art. 27 of the Act of 30 May 2014 Consumer Rights (hereinafter OPK). The Customer has the right to cancel the agreement within 14 days of its conclusion without giving any reason and at no cost. The Customer can withdraw from the agreement by submitting to the entrepreneur a declaration of withdrawal. The statement may be submitted on a form, which you can download HERE (click).
2. The Customer does not bear extra costs in case of withdrawal from the agreement except:
- when the Customer has chosen a method of delivery other than the cheapest method of Delivery offered by the Seller. In this case the Seller isn’t required to reimburse the Customer of the extra costs incurred by him, unless the Seller agrees to cover these extra costs.
3. In order to withdraw from the agreement the Customer should submit to the Seller his statement in writing or by e-mail to the following address: firstname.lastname@example.org. In order to maintain the statutory deadline for withdrawal it is sufficient to send the notification before its expiry (in the case of the statements sent by post, the date stamp). The period of possible withdrawal begins:
a. for an agreement, in which the trader gives over the item , being obliged to transfer its ownership - from taking things into possession by the Consumer or a third person designated by him other than the carrier, and in the case of a contract which:
I. includes many things that are supplied separately, in lots or in parts - from taking into possession the last thing or part;
II. is based on regular delivery of things for a fixed period – from coming into possession of the first thing;
b. for other agreements - from the day the agreement was made.
4. In the event of the Seller withdrawing from the agreement through electronic means the Seller shall immediately send the Customer a confirmation of receiving the notice of withdrawal from the agreement also through an electronic way.
5. In the event of withdrawal from the agreement made at a distance the agreement is considered to be unmade.
6. The Seller is obliged to immediately, but no later than within 14 days of receiving notice from the Customer of withdrawal from the agreement, pay the Customer all payments made by him, including the costs of delivery of goods. Seller shall refund the payment using the same method of payment, which was used by the Customer unless the Customer has expressly agreed to a different way of return, which does not bind him to any costs.
7. If the Seller does not propose that he will pick up the good from the Customer himself, he may withhold the reimbursement payments until the goods have came back from the Consumer, or the Consumer has supplied evidence of its return, depending on which event occurs first.
8. The Customer should return the goods to the Seller (we recommend a returning it with a receipt / invoice, which will help the Seller make the refund) or to a person authorized by the Seller to receive it immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the Seller suggests that he will pick the goods up himself . To meet the deadline it is enough to send the goods back before the deadline.
9. The Customer shall only cover the direct cost of returning items, unless the seller has agreed to cover them.
10. The Customer is responsible for any reduction in the value of the things as a result of using them in a way that goes beyond what is necessary or beyond what is established by the nature, characteristics and functioning of the thing, unless the trader has not informed the Customer about the right of withdrawal in accordance with the requirements of Art. 12 paragraph. 1 point 9 OPK, but that was done in section 7 of these Terms.
11. When a Customer withdraws from an agreement made at distance, associated additional agreements entered into by the Customer also expire, if on their basis their provision is met by the Seller or a third party on the basis of an agreement with the Customer. The Customer does not incur the costs associated with the expiry of those contracts, with the exception of the costs referred to in the preceding paragraphs.
12. If a supplementary agreement was concluded with a third party, the Seller shall inform that person of the withdrawal by the Consumer from the agreement.
13. The right of withdrawal from a distance contract is not given to the Client in respect of, inter alia, contracts:
a) of provision of services if the Seller completed the full service with clear consent of the Customer, who had been informed by the entrepreneur and before the provision that after the provision was completed he loses the right to withdraw from the agreement;
b) in which the subject is a thing that undergoes rapid decay or has a short shelf life;
c) in which the subject is non-prefabricated, manufactured according to the specifications of the Consumer or the made to meet his individual needs;
d) in which the subject is things that after delivery, due to their nature, become irreversibly connected with other things.
e) in which the Consumer has specifically demanded that the trader came to him to make urgent repairs or maintenance; if the trader provides additional services other than those which comply with those that the Consumer demanded or provides things other than replacement parts necessary for repair or maintenance, right of withdrawal from the agreement is applicable to the additional services or goods.
§8. Complaints procedure
1. The Seller is liable to the Client who is a Consumer to the extent specified by the Act of 30 May 2014 on Consumer rights (Journal of laws from 2014 item 827) and the Act of 23 April 1964 - Civil Code (Journal of laws from 1964 no. 16 item 93). The seller is liable to the buyer if the item sold has a physical or legal defect (warranty) in accordance with applicable regulations.
2. Claims for for non-compliance of the goods with the sales agreement can be submitted in writing to the Seller or by e-mail at the following address: email@example.com. When filing the claim, please provide your name, mailing address, telephone number and the nature of the defect and the date it was noticed, which will help the Seller to consider this claim.
3. When selling between businesses, the Customer loses his warranty, if he did not examine things in time and in the manner usual for things of this kind and did not notify the seller immediately the defect, and if the defect came to light only later - if he did not notify the seller immediately after its discovery
4. When submitting a warranty claim the Seller recommends that the Customer provides contact details, a description of the cause of the complaint and the requirements towards the Seller, and - if possible, attaches a sales document or a photocopy. We recommend that you fill out the complaint form.
5. The Seller is liable to the Customer who is not a Consumer under the provisions of the Civil Code in terms of warranty.
6. The Seller acts on complaints within 14 days of its submission or delivery of the goods, if it is necessary to examine the complaint.
7. After filing the claim the Customer is obliged to, at the request of the Seller if the examination of the complaint requires it, provide the advertised product to the address indicated by the Seller. A Customer who exercise the powers under warranty, is obliged to provide the defective good to Seller. In the case of a Customer who is a Consumer the cost of delivering the good is covered by the Seller.
§9. Closing provisions
1. None of the provisions of these regulations are intended to affect the rights of the Customer. They can also not be interpreted in this way, as in the case of non-compliance of any part of the Terms with applicable law, the Seller declares unconditional surrender to and application of this law in place of the challenged provision of the Terms. The seller is obliged to deliver the goods to the Consumer free of defects.
2. Registered Customers will be notified of changes to the regulations and their range by e-mail (the one indicated when registering or ordering). Notification will be sent at least 14 days before new regulations enter into force. Changes will be introduced in order to bring the Terms into the current legal status.
3. The current version of the terms is always available to the Customer in the "Terms" sub-page. In the course of realization of the agreement and throughout the after-sales care period of the Customer the valid terms are the ones he accepted while ordering. Except when the Customer considers them to be less favorable than the current terms and informs the Seller about the selection of the current one as the applicable one.
4. The Seller informs of the code of good practice, which should be read and is referred to in Art. 2 Section 5 of the Act of 23 August 2007 on counteracting unfair market practices and how to read it.
5. The Customer can use extrajudicial methods of making complaints and pursue redress and use access policies for these procedures.
6. The Seller agrees to the protection of personal data in accordance with the Law on Personal Data Protection dated 29 August 1997 and the Act on electronic services of 18 July 2002. The Buyer stating his personal data to the Seller while ordering agrees to their processing by the Seller in order to complete the order. The Buyer has at any moment the ability to access, modify, update, or delete their personal data.
7. The administrator of the databases containing personal data given by the Consumers of the shop is the Seller.
9. In cases not covered by these rules, the relevant applicable legal provisions are used. Contentious issues are resolved by the competent and applicable court determined by the rules of the law.