Terms and Conditions

Terms and Conditions of the www.gatta.pl online store

I. Definitions.

§ 1

The following definitions shall apply to these Terms and Conditions, hereinafter referred to as the "Terms and Conditions", of the www.gatta.pl online store:
a. "Seller" – Ferax Sp. z o.o. established in Zduńska Wola, at ul. Szadkowska 4/6, 98-220 Zduńska Wola, registered in the register of entrepreneurs of the National Court Register under the KRS number 0000146595, kept by the District Court for Łódź-Śródmieście, 20th Commercial Division of the National Court Register, share capital of PLN 4,656,000, NIP [VAT registration number] 829-10-04-247, REGON [statistical identification number] 731591400, email: gatta@gatta.pl,
b. "Store" – the online store found on the www.gatta.pl website and its subpages,
c. "Customer" – every person who has concluded an agreement with the Seller for the opening of an account in the Store or has placed an order in the Store without account registration; this expression shall also mean a person who does not have an Account and is in the progress of placing an order,
d. "Account" – the Customer's account opened by the Customer in the Store in accordance with the rules specified in the Terms and Conditions,
e. "Consumer" – a person as defined in the provisions of Article 221 of the Civil Code.

II. General provisions.

§ 2

The Terms and Conditions specify the principles of providing services via electronic means by the Seller to Customers, which involves enabling Customers to conclude agreements for the sale of goods offered by the Store via the Internet at the prices indicated on appropriate subpages of the Store, as well as Account registration.

§ 3

The contents presented on the subpages of the Store, including in particular announcements, advertisements, price lists and other information, are not a commercial offer as meant in the provisions of Article 66 and 661 of the Civil Code, but an invitation to submit offers.

§ 4

The prices of the goods found in the Store are expressed in Polish zloty and include VAT. The Seller may modify the range of goods offered in the Store, the prices of the goods, as well as may organise and cancel promotional campaigns. Such changes have no influence on the sales agreements for individual goods already concluded with Customers.

§ 5

Making a purchase in the Store is possible without a necessity of registering an Account or after Account registration.

§ 6

1. Meeting special technical conditions by the given Customer's computer or another device is not required in order to use the Store. The only requirements include: access to the Internet, having an email address, a standard operating system and a web browser.
2. In order to use the Account correctly as well as to place orders it is necessary to enable cookies in the web browser. Cookies are used to keep the Customer's session after logging into the Account and to maintain the process of order placement. It is possible to delete cookies using appropriate options available in the web browser or another software. Detailed information about cookies is included in the Privacy and Cookies Policy.

III. Opening an Account.

§ 7

1. A person who wants to enter into an agreement for opening of an Account with the Seller should click the "My Account" tab or the "Registration" button found in the footer on the Store's website. The form found there is the Seller's offer addressed to a future Customer with reference to entering into an agreement for opening of an Account.
2. Then, the form needs to be filled out by providing the necessary information: name, surname, address, phone number, fax number (optional), email address.
3. It is prohibited to provide information of an illegal character in the form.
4. In order to send the form and finish the registration procedure in the Store, the Terms and Conditions need to be accepted.
5. After clicking the "Continue" button, the registration form will be sent to the Seller, which automatically means that the person opening an Account accepts the Seller's offer, mentioned in the provisions of section 1 in this article. After that, the Seller and the person who filled in the registration form enter into an agreement for the opening of the Account.
6. It is also possible to open an Account via Facebook. In order to do so, click the "My Account" button and then "Create an Account via Facebook".
7. After entering into the agreement, pursuant to the provisions of the section above, the Seller shall send to the Customer, to the email address given by the Customer, a message with the confirmation of Account registration.
8. If the Customer is a Consumer, then he is entitled to withdraw from the agreement for Account registration, without providing reasons, within 14 days of the date of conclusion, i.e. from the moment indicated in the provisions of section 5 of this article. The provisions of § 16 sections 2 to 4 shall apply accordingly.

§ 8

The Seller advises the Customer to keep his data used when logging into the Store in secret, so that no unauthorised person has access to such data.

§ 9

Having opened the Account, the Customer is entitled to: edit his data, add delivery addresses to his personal address book, add goods to the list of favourites, place orders, view the status of orders and the history of last orders.

IV. Order placement.

§ 10

1. The sale of goods takes place on the basis of orders placed by the Customer. The Customer has a possibility of placing an Order after logging into his Account or without logging into the Account but after providing all details necessary to carry out the given order.
2. Orders can be placed 7 days a week, 24 hours a day.

§ 11

1. In order to enter into a sales agreement with the Seller the customer selects adequate goods in the Store by means of choosing the quantity, colour and size, and clicking the "Add to Cart" icon located next to a given product. The goods in the shopping cart are not yet ordered and the Customer can add new products to the cart, delete the goods that are already in the cart, or resign from shopping.
2. After adding goods to the cart, the Customer can also change the quantity of the goods he wants to buy in the Store by modifying a proper field, and to delete the goods from the cart. At this stage the Customer can also provide a discount code in the proper field of the form. To finish, the Customer needs to click the "Order" button.
3. If the Customer does not have an Account, he should provide the data required to fulfil the given order. If the Customer chooses the option to place an order without Account registration ("I buy as a guest"), the Terms and Conditions as well as the privacy and cookies policy need to be accepted before the order is placed. If the Customer has an Account, he should log into the Account beforehand.
4. Next, the delivery methods should be selected. Appropriate costs are indicated next to the available methods of delivery. The amount displayed in the "Total" field already includes the prices of the products added to the cart and the price of the selected delivery method. Click the "Continue" button next.
5. During the next stage, the Customer is asked to choose the payment method, unless he previously selected the method of delivery with payment on delivery. The "To be paid – in total" field displays the total amount to be paid by the Customer, including the price of the product, costs of delivery and selected method of payment. If the Customer wants to change the data provided during previous stages of the ordering process, then he should click the "Edit" button. The goods found in the cart, together with the quantity, price as well as costs of delivery and payment, form an offer addressed by the Seller to the Customer for the conclusion of a sales agreement as regards the goods. The customer can correct potential mistakes in the ordering process, and change or cancel the order after clicking the "Edit" button or returning to the page with cart contents.
6. At this stage of the ordering process, it is important to check the correctness of and confirm the order by clicking the "I order – the order is connected with the obligation to pay" button. Clicking the "I order – the order is connected with the obligation to pay" button will mean that the Customer has accepted the Seller's offer, mentioned in the provisions above, which results in the conclusion of a sales agreement between the Seller and the Customer.
7. In case of selecting the following method of payment: "Online payments", after clicking the "I order – the order is connected with the obligation to pay" button, the Customer will be directed to the website of the entity in charge of online payments. Making the payment takes place pursuant to the terms and conditions available on the website of the entity in charge of online payments.

§ 12

1. The methods, costs and deadlines of delivery of the goods and payment processing are calculated each time during the process of ordering. The following methods of payment are available: electronic transfer, cash on delivery. The Customer can choose between the following methods of delivery: courier shipment, parcel sent by Poczta Polska (Polish Post), package machine.
2. Detailed information regarding the methods and costs of delivery as well as payment processing can be found in the "Delivery and payments" tab.
3. The ordered goods are delivered to the Customer in the manner selected.
4. The costs connected with the delivery of the goods and payment processing are paid by the Customer, while the Seller can determine a specific shopping value threshold – after the Customer has exceeded the threshold, the costs of delivery or payment will be incurred by the Seller.

§ 13

1. Each order is accompanied by a sales document, pursuant to the applicable tax regulations. The Customer can choose to receive either a receipt or an invoice by checking the proper box in the "Your data" tab.
2. In case of selecting an invoice as the attached sales document, the Customer will be asked to provide the details necessary to issue such an invoice. It is prohibited to provide information of an illegal character in the form.

§ 14

After logging into his account, the Customer can also add goods to the list of favourites by clicking the appropriate icon next to a given product. The goods selected as favourites can be then deleted by clicking the appropriate icon on the good or moved to the cart by clicking the "Add to cart" button.

V. Returns and complaints.

§ 15

1. If the Customer is a Consumer, then he is entitled to withdraw from the sales agreement entered into with the Seller, without providing reasons, within 30 days following the date when the Customer came into possession of the goods or when a third person, other than the carrier, indicated by the Customer came into possession of the goods. If the subject of the agreement includes many items which are delivered separately, the said time limit expires after 14 days following the date when the Customer came into possession of the goods or when a third person, other than the carrier, indicated by the Customer came into possession of the goods.
2. In order to exercise the right to withdraw from the agreement, the Customer should inform the Seller about his decision to withdraw from the agreement by means of an express declaration (for example with a letter sent by post or electronic mail to the Seller's address provided in the provisions of § 1(a) of the Terms and Conditions).
3. The Customer may also use the withdrawal form available on http://www.gatta.pl/template/gatta/download/formularz-zwrotu.pdf, however this is not obligatory.
4. To meet the withdrawal deadline, it is sufficient for the Customer to send the notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.
5. The right to withdraw from the agreement does not apply where the subject of the agreement are goods delivered in a sealed package, which after opening cannot be returned for health protection purposes or due to hygienic regulations, if the package was opened after delivery.
6. In case of withdrawing from the agreement, the Seller will reimburse the Customer for all the payments received from him, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer's choice of a method of delivery other than the least expensive type of standard delivery offered by Seller), without undue delay and in any event not later than 14 days from the day on which the Seller was informed about the Customer's decision to withdraw from this agreement. The store will return the payments using the same methods of payment that were used by the Customer during the initial transaction, unless the Customer expressly agrees on another solution and it does not result in any additional costs.
7. The Seller may withhold reimbursement until he has received the goods back or the Customer has supplied evidence of having sent back the goods, whichever is the earliest.
8. The Customer should send back or return the item to the Seller without delay and in each case not later than 14 days of the day when he informed the Seller about withdrawing from the agreement. The deadline is met if the Customer sends back the goods before the period of 14 days has expired.
9. The Customer is responsible for the direct costs of returning the goods.
10. The Customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, features and functioning of the goods.
11. Withdrawal from the sales agreement regarding the "Christmas Promotion from Gatta" (bra and pants) means a necessity to return both of the products from the set.

§ 16

1. The Seller informs that he is obliged to deliver goods free from defects.
2. Complaints regarding the services provided via electronic means by the Seller or concerning goods purchased can be submitted in writing to the Seller's address as provided in § 1(a), by email to the following email address: gatta@gatta.pl, personally using a protocol submitted at the Seller's head office indicated in § 1(a), or using the form available on the webpage https://www.gatta.pl/pl/contact_us.php.
3. Each complaint should include: the number of the given order (or other data enabling order identification), the Customer's contact data enabling to provide him with a response to the complaint submitted and a description of the event being the basis for the complaint.
4. The Seller undertakes to respond to every complaint within 14 days of the date of receiving it.

IV. Term of the agreement for Account registration.

§ 17

The agreement for Account registration is entered into with the Customer for an indefinite period of time.

§ 18

The Customer is entitled to terminate the agreement for Account registration at any time by sending a notice of termination to the Seller's address indicated in § 1(a), by email to gatta@gatta.pl or in another form. The agreement for Account registration will be terminated with immediate effect.

VII. Final provisions.

§ 19

It is prohibited to provide illegal information during the time of using the Store and exchanging correspondence with the Store.

§ 20

1. The Seller hereby informs that copyrights to the Store and any of its elements, which constitute works within the meaning of Article 1(1) of the act on copyright and related rights of 4 February 1994 (Official Journal 2006.90.631 – as amended), in particular photographs and advertising slogans, belong to the Seller. Their copying and dissemination without the Seller's consent constitutes a breach of the copyrights.
2. The Seller hereby informs that the following word signs: "gatta", "gatta.pl", "gatta.info.pl", "gatta.com.pl", "Gatta Beauty – bądź piękna na wiosnę" and the following word and graphic signs: "Gatta", "Gatta UNDERWEAR", "Gatta BODYWEAR", "FR FERAX GATTA", are registered trademarks. The Seller has the exclusive right to use the trademark for commercial or professional purposes.

§ 21

The Terms and Conditions are available at the Seller's head office and on https://www.gatta.pl/pl/regulamin.html.