Terms and conditions

Terms and conditions of the online store g-still.com as of 2016-06-06

1 – Definitions

The terms used in the Regulations shall mean:

Customer – a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who makes an Order from the Store/Internet Shop;

Consumer – a natural person making a purchase (of a product/service) for purposes not related to his/her business or professional activity (e.g. trade, craft or liberal profession)

Regulations – these Regulations for the provision of electronic services within the framework of the online store g-still.com;

Store Owner – Cezary Trzciński conducting business activity under the name Factory Still Sp. z o.o. with its headquarters in Sieluń 19A, 06-231 Młynarze, Poland, registered in the National Court Register (KRS no. 0000550096), company share capital PLN 5000.00, NIP: 758-235-67-43, REGON: 361138753

Online Store (Store) – Internet service available at g-still.com and operated by the Store Owner, through which the Customer may, in particular, place Orders;

Goods – products presented in the Online Store;

Contract of sale – a contract of sale of Goods within the meaning of the Civil Code, concluded between the Store Owner and the Customer, concluded using the Store’s website;

Order – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods. Placing an order involves an obligation to pay.

Consumer Rights Act – the Act of May 30, 2014 on consumer rights.

Agreement concluded at a distance – an agreement concluded with a consumer within an organized system of concluding agreements at a distance, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement, e.g. purchase in the online store g-still.com

Act on Special Terms of Consumer Sales – the Act of July 27, 2002 on Special Terms of Consumer Sales and Amendments to the Civil Code (Journal of Laws No. 141, position 1176, with changes);

Act on Providing Services by Electronic Means – Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, position 1204 with changes);

Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, position 93 with changes);

2 – General Provisions / Basic Information

2.1 These Regulations set out the rules for the use of the online store available at g-still.com.

2.2 The online store, operating at g-still.com, is operated by:

Cezary Trzciński conducting business activity under the name Factory Still Sp. z o.o. with its headquarters in Sieluń 19A, 06-231 Młynarze, Poland, registered in the National Court Register (KRS no. 0000550096), company share capital 5000,00 PLN, NIP: 758-235-67-43, REGON: 361138753

Contact information:

Landline phone: +48 29 768 02 28

Cell phone: +48 518 387 775

E-mail address: pl@g-still.com

Company address: Sieluń 19A, 06-231 Młynarze, Poland

Store address:

Factory Still Sp. z o.o.
Sieluń 19A
06-231 Młynarze
Poland

This is also the address for possible returns and complaints.

2.3 These Regulations define in particular:

a) rules for registration and use of an account within the online store;
b) terms and conditions for making electronic reservations of products available within the online store;
c) terms and conditions for placing Electronic Orders within the online store;
d) principles of concluding Sales Contracts using the services provided within the Store.

2.4 The use of the online store is possible provided that the ICT system used by the Customer meets the minimum technical requirements necessary for the proper operation of the Store on the Customer’s device.

2.5 In order to use the online store, the Customer shall, on his own, obtain access to a computer workstation or a terminal device with Internet access.

2.6 In accordance with applicable law, the Shop operator reserves the right to limit the provision of services through the Online Store to persons who are at least 18 years of age.

2.7 Customers may access these Terms and Conditions at any time through the link provided in the menu available on each page of the store, and at the address of the Terms and Conditions.

2.8. Information about the Goods provided on the Store’s website, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, as defined by Article 71 of the Civil Code.

3 – Integral documents

Information on available payment methods is also on the order page.

Information on available delivery methods can also be found on the order page.

Information on “cookies” can be found on the “Privacy Policy” page.

The forementioned information (pages) is a mandatory (Privacy Policy) or additional (Payment Methods, Delivery and Personal Collection) supplement to these Terms and Conditions.

4 – Rules of using the online store

4.1 To start using the Online Store, you must register with it or use the option of shopping without registration (without creating) an account.

4.2 Registration is done by completing and accepting the registration form, made available on one of the pages of the Store.

4.3 Registration is conditional on agreeing to the content of the Regulations and providing personal data marked as mandatory.

4.4 The provision of personal data marked as mandatory is necessary for the purpose of registration in the online store and for the execution of orders / use of services provided through the store. The administrator of your personal data is the Owner of the store. The data administrator informs you that you have the right to access the content of your data and the right to correct them. Provision of personal data is voluntary, but necessary for the purposes specified above. Here you can read the details of processing and protection of personal data.

4.5 The store owner may deprive the Customer of the right to use the Online Store, as well as may restrict his access to part or all of the resources of the Online Store, with immediate effect, if the Customer violates the Regulations, and in particular if the Customer:

a) provided during registration in the online store data that are untrue, inaccurate or outdated, misleading or violating the rights of third parties,
b) has committed, through the online store, a violation of the personal rights of third parties, in particular the personal rights of other customers of the online store,
c) commits any other behavior that will be considered by the store Owner as inconsistent with applicable laws or general rules of Internet use or detrimental to the good name of the store Owner.
4.6 A person who has been deprived of the right to use the online store may not register again without the prior consent of the Store Owner.

4.7 In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store shall take technical and organizational measures appropriate to the degree of security threat to the services provided, in particular, measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.

4.8 In particular, the Customer shall:

(a) not to provide or transmit content prohibited by law, e.g. content that promotes violence, defamatory or violates the personal rights and other rights of third parties,
b) use the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,
c) not to undertake activities such as: sending or posting unsolicited commercial information (spam) within the scope of the Online Store,
d) to use the Online Store in a manner that is not onerous for other customers and the Store Owner,
e) to use any content posted within the Online Store only for your own personal use,
f) use the Online Store in a manner consistent with the provisions of the laws in force in the Republic of Poland, the provisions of the Terms of Use, as well as with the general rules of Internet use.

5 – Procedure for concluding a Sales Agreement

5.1 In order to conclude a Sales Agreement through the Online Store, you must visit the g-still.com website, make a selection of goods/goods, taking subsequent technical actions based on the messages displayed to the customer and the information available on the website.

5.2 The selection of the ordered Goods by the Customer is made by adding them to the shopping cart.

5.3 In the course of placing the Order – until the moment of pressing the button confirming the purchase – the Customer has the possibility of modifying the entered data and in the selection of the Goods. In order to do so, it is necessary to follow the messages displayed to the Customer and the information available on the site.

5.4 After the Customer using the Online Store has entered all the necessary data and submitted the Order, a summary of the submitted Order will be displayed. The summary of the submitted Order will contain information regarding:

a) the subject of the order,
b) the unit and total price of the ordered products or services, including delivery costs and additional costs (if any),
c) the selected method of payment,
d) the selected method of delivery,
e) additional parameters and options related to the order (if any).

5.5 In order to send an Order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as mandatory and press the button confirming the purchase.

5.6 The correct execution of the procedure described in 5.5 (point above) means that the purchase has been made and involves the obligation to pay.

5.7 The Customer’s sending of the Order constitutes a statement of intent to conclude a Sales Contract with the Store Owner, in accordance with the content of the Regulations.

5.8 After placing an Order, the Customer receives an e-mail message containing a final confirmation of all the essential elements of the Order. This e-mail also contains a copy of these Regulations, and a withdrawal form with the necessary information.

5.9 The contract shall be considered concluded from the moment the Customer receives the e-mail mentioned above.

5.10. The moment of execution of the sales contract by the Online Store, is the day of receipt of the shipment by the Customer.

5.11. The execution of orders is carried out in the order of receipt of confirmed orders for these goods, until the stock is exhausted.

5.12. In the event of circumstances preventing the execution of a placed order, a representative of the Store Owner will contact the customer to determine the further procedure.

5.13. In the case of unavailability of some of the goods covered by the order, the customer is informed about the status of the order and decides on the method of its implementation.

5.14. The method of processing the order in case of shortage of goods:

a) partial execution of the order
b) extended waiting time
c) cancellation of the entire order

5.15. The contract of sale shall be concluded in the Polish language, with the content in accordance with the Regulations.

5.16. Purchased products will be delivered to the customer without defects.

6 – Prices, payment methods and delivery

6.1 The prices of the Goods are given in Euro and include all components, including VAT (distinguished by the rate), customs duties and any other components.

6.2 In the store g-still.com the Customer has the possibility to use the following forms of payment:

a) Payment on delivery at the Registered Office (cash)
b) Payment by bank transfer
c) Quick payment made using PayPal service. When choosing this form of payment, an additional fee of 5% of the order value is charged, this fee is related to the commissions charged by PayPal.

6.3 Additional information on available payment methods can be found on the Order page.

6.4 Delivery of the Goods takes place at the address indicated by the Customer when placing the Order.

6.5 Shipping is carried out depending on the form selected by the Customer:

a) Personal pickup at the Company’s Headquarters
b) Local delivery, carried out by the Owner of the store in the selected (indicated) area
c) Courier

6.6 Preparation and shipment of the order in the online store is a maximum of 3 working days counted from the moment of placing the order. To this time should be added the time of the carrier, which depends on the selected form of delivery, and can be from 1 to 5 working days. The total delivery time of the order to the customer should not exceed 8 working days.

6.7 If the buyer is a consumer, the seller is obliged to immediately deliver the thing to the buyer, no later than thirty days from the date of conclusion of the contract, unless the contract provides otherwise.

6.8 Additional information on the available forms of delivery can be found on the page “Delivery and personal collection”, and on the order page.

6.9. By placing an order the customer agrees to the use and processing of his personal data by the shipping company.

6.10. The recording, protection, making available and confirming to the Customer the significant provisions of the Agreement for sale of the Goods shall be performed by sending to the Customer at the e-mail address provided and by attaching to the parcel containing the Goods a printout of the confirmation, the Order specification and the receipt or VAT invoice.

6.11. You can see your previous orders within your account, after logging in (applies to Customers who have chosen to register an account with the Store) or by entering your e-mail address and order number in the form available on the “My Account” page.

7 – Rights of withdrawal

7.1 The Customer, who is a Consumer, has – based on the provisions of the law – the right to withdraw from the contract concluded remotely, without giving any reason, by submitting an appropriate statement, within 14 days. A model (example) of the statement can be found in the email confirming the Order and on the Shop’s website. The Customer may submit a statement of withdrawal from the contract in a convenient way, e.g. by sending it to the address of the Store or by e-mail:

Factory Still Sp. z o.o.
Sieluń 19A
06-231 Młynarze, Poland

E-mail address: pl@g-still.com

7.2 A consumer who has concluded a contract at a distance or off-premises may withdraw from the contract within 14 days without giving any reason and without incurring costs, except for the costs specified in Article 33, Article 34 (2) and Article 35 of the Law on Consumer Rights, and in Section 7.4 of the Shop Regulations (list of exceptions identical to the Law).

7.3 The period for withdrawal from the contract shall begin:

for a contract in the performance of which the trader delivers the thing, being obliged to transfer its ownership – from the taking of possession of the thing by the consumer or a third party other than the carrier designated by the consumer, and in the case of a contract that: a) involves multiple things that are delivered separately, in batches or in parts – from taking possession of the last thing, batch or part, b) involves the regular delivery of things for a fixed period – from taking possession of the first of the things;
for other contracts – from the date of conclusion of the contract.

7.4 The right of withdrawal from a contract concluded off-premises or at a distance shall not be granted to the consumer with respect to contracts:

for the provision of services, if the entrepreneur has performed the service in full with the express consent of the consumer, who was informed before the performance, that after the performance by the entrepreneur will lose the right to withdraw from the contract;
in which the price or remuneration depends on fluctuations in the financial market over which the trader has no control, and which may occur before the expiration of the deadline for withdrawal;
in which the subject of the performance is a non-refabricated thing, produced according to the consumer’s specifications or serving to meet his individualized needs;
in which the subject of the performance is an item subject to rapid deterioration or having a short shelf life;
in which the subject of the performance is an item delivered in a sealed package that cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
in which the subject of the performance are things that after delivery, due to their nature, become inseparably connected with other things;
in which the subject of the performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;
in which the consumer expressly requested that the trader come to him to perform urgent repair or maintenance; if the trader provides additional services other than those requested by the consumer, or provides things other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things;
in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging is opened after delivery;
for the delivery of newspapers, periodicals or magazines, except for a subscription contract;
concluded through a public auction;
for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the withdrawal period and after the trader has informed him of the loss of the right of withdrawal.

7.5 The Store Owner shall immediately, no later than 14 days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of items from the Store to the customer/consumer.

7.6 If the consumer has chosen a method of delivery of the order other than the cheapest method of delivery offered by the Store, the Owner of the store will refund the shipping costs of the order in the amount of the cheapest form of shipping/delivery available for the order.

7.7 The consumer shall bear only the direct costs of returning the order to the Store (the cost of packaging and shipping to the Store).7.8 The Shop Owner (the Shop) shall make the return using the same means of payment used by the Consumer in the original transaction, unless the Consumer expressly agrees to a different solution. In any case, the Consumer shall not bear any fees in connection with this return.

7.9 The store owner (the Store) may withhold the return of payments received from the Consumer until it receives the item back or the Consumer provides proof of its return, whichever event occurs first.

7.10. The consumer is obliged to return the item to the Owner of the store or give it to a person authorized by the Owner of the store to collect it immediately, but no later than 14 days from the day on which he withdrew from the contract, unless the Owner of the store offers to collect the return himself. To meet the deadline it is sufficient to return the item before its expiration.

7.11. The return should be made immediately, but no later than within 14 days. The purchased goods should be returned to the following address:

Factory Still Sp. z o.o.
Sieluń 19A, 06-231 Młynarze, Poland

7.12. The consumer (Customer) shall be liable for any diminution in the value of the item resulting from the use of the item beyond what is necessary to determine the nature, characteristics and functioning of the item.

7.13. The Goods returned by the Customer should be packed in an appropriate manner, ensuring no damage to the shipment during transport.

7.14. Together with the order, the Customer will receive a withdrawal form that the Customer may use.

8 – Complaints about Goods

8.1 The owner of the store as a seller shall be liable to the Customer who is a consumer for non-compliance with the contract of sale of the Goods purchased by this consumer, to the extent specified in the Law on Consumer Rights.

8.2 Complaints, arising from the violation of the Customer’s rights guaranteed by law, or under these Regulations, the Customer may report by any method of contact with the store:

E-mail: pl@g-still.com
By letter or direct contact: Sieluń 19A, 06-231 Młynarze, Poland
By telephone: +48 29 768 02 28, +48 518 387 775

The complaint will be processed immediately, but no later than within 14 days of notification. If the complaint requires a longer period of consideration, the customer will be informed immediately, but no later than within 14 days of notification.

8.3 The owner of the store is the manufacturer of the goods. The manufacturer is liable under the warranty of the sold Goods under the conditions and for the period indicated in the warranty card. If the warranty document provides for this possibility, the Customer may submit his claims under the warranty directly to the authorized service center, the address of which is indicated in the warranty card.

8.4 The seller is liable under warranty for physical defects that existed at the time when the danger passed to the buyer or arose from a cause inherent in the sold thing at the same time. If the sold thing has a defect, the buyer may make a statement to reduce the price or withdraw from the contract, unless the seller immediately and without undue inconvenience to the buyer replaces the defective thing with a defect-free one or removes the defect. This restriction does not apply if the thing has already been replaced or repaired by the seller, or the seller has failed to comply with the obligation to replace the thing with a defect-free one or remove the defect.

8.5 If the buyer is a consumer, he may, instead of the removal of the defect proposed by the seller, demand the replacement of the item with a defect-free item or, instead of replacing the item, demand the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared with the manner proposed by the seller. In assessing the excessiveness of the costs, the value of the defect-free item, the nature and significance of the defect found shall be taken into account, as well as the inconvenience to which the buyer would be exposed by another way of satisfaction.

8.6 The buyer may not withdraw from the contract if the defect is insignificant.

8.7 If the sold thing has a defect, the buyer may demand to replace the thing with a defect-free one or to remove the defect.

8.8 The seller shall replace the defective thing with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the buyer.

8.9 The seller may refuse to satisfy the buyer’s request if bringing the defective thing into conformity with the contract in the manner chosen by the buyer is impossible or, compared with the other possible way of bringing it into conformity with the contract, would require excessive costs. If the buyer is an entrepreneur, the seller may refuse to replace the item with a defect-free item or remove the defect also if the cost of satisfying this obligation exceeds the price of the sold item.

The seller is liable under the warranty if the physical defect is discovered before the expiration of two years from the date of delivery of the thing to the buyer.

9 – Complaints in the provision of electronic services

9.1 Irregularities related to the functioning of the Store, the Customer may report in writing to the address: Sieluń 19A, 06-231 Młynarze, Poland, by e-mail at pl@g-still.com or by using the contact form.

9.2 In a complaint, the Customer should provide his/her name, mailing address, type and date of occurrence of irregularities related to the functioning of the Store.

9.3 The owner of the store undertakes to consider any complaint within 14 days of notification. If the complaint requires a longer period of consideration, the customer will be informed immediately, but no later than within 14 days of notification.

10 – Final provisions

10.1 Settlement of any disputes arising between the Owner of the store and the Customer, who is a consumer within the meaning of the Act on Consumer Rights, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

10.2 Settlement of any disputes arising between the Shop Owner and a Customer who is not a consumer within the meaning of the Consumer Rights Act, shall be submitted to the competent court for the seat of the Shop Owner.

10.3 The consumer has the opportunity to use out-of-court procedures for handling complaints and pursuing claims, and the rules of access to these procedures, such as the possibility of referring the case with the consent of both parties to the contract to a permanent amicable consumer court, or mediation conducted by inspectorates of the Commercial Inspection (WIIH).

10.4 In accordance with the Regulation of the European Parliament and of the Council No. 524/2013 of May 21, 2013, we provide below an electronic link (link) to the Online Dispute Resolution (ODR) platform:

europa.eu/odr

This platform includes, among others: source of information on the out-of-court dispute resolution form that can solve the problems of entrepreneurs and consumers.

10.5. In rights not regulated in these Regulations, the provisions of the Act on Consumer Rights, the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of Polish law apply.