ONLINE STORE REGULATIONS
as at 08.03.2019
The terms used in these Regulations have the following meanings:
1. Customer – a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity, a legal entity or an organizational entity without a legal personality, on which the law bestows legal capacity, which places an Order at the Store;
2. Consumer – in accordance with article 22(1) of the Civil Code the consumer shall be deemed to be any natural person who performs actions in law which are not directly connected with their professional or business activity.
3. Civil Code – act of 23 April 1964 (uniform text of 29 May 2018, Dz.U. [Journal of Laws] item 1025, as amended);
4. Regulations – these Regulations;
5. Online Store or Store – a website available at https://go-ko.pl/, via which the Customer may in particular place Orders;
6. Seller – „GOKO” spółka z ograniczoną odpowiedzialnością with its registered office in Komorowo, street Kolejowa 25, 07-310 Ostrów Mazowiecka, entered into the register of entrepreneurs kept by District Court Lublin-Wschód in Lublin seated in Świdnik, 6th Economic Division of the National Court Register under KRS [National Court Register] number: 0000654935, NIP (Tax Identification Number): 8252178670, REGON (National Business Register Number): 366165750;
7. Goods – products presented at the Store;
8. Sales Agreement – agreement for sale of Goods within the meaning of article 535 of the Civil Code, concluded between the Seller and the Customer, entered into using the Store’s website;
9. Consumer Rights Act – act of 30 May 2014 on consumer rights (uniform text of 30 March 2017, Dz.U. [Journal of Laws] item 683, as amended);
10. Act on provision of electronic services – act of 18 July 2002 on provision of services by electronic means (uniform text of 21 January 2019, Dz.U. [Journal of Laws] item 123);
11. Order – Customer’s declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and number of the Goods.
1. These Regulations define the rules of using the online store available at: https://go-ko.pl/, and:
a) elements concerning the conclusion of distance sales agreement,
b) provisions related to the withdrawal from the agreement,
c) effects of the withdrawal.
2. These Regulations constitute the regulations as referred to in article 8 of the Act on provision of electronic services, whereas these Regulations are without prejudice to the Consumer Rights Act.
3. Online store operating at: https://go-ko.pl/, is run by the Seller.
4. The Regulations specify in particular:
a) rules of registration and using an account at the Store;
b) terms and rules of making electronic reservation of products available at the Store;
c) terms and rules of placing electronic Orders at the Store;
d) rules of concluding Sales Agreements using the services provided by the Store.
5. Using the online store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
a) Internet Explorer version 11 or more recent with Java script enabled, accepting “cookies”, or
b) Chrome 39 or Firefox 34 or Opera 26 or Safari 5 or more recent versions with Java script enabled, accepting “cookies”,
c) minimum screen resolution of 360 px,
6. In order to use the Store’s services, the Customer should, on their own risk and cost, obtain access to the terminal device with Internet access (in particular a computer, smartphone, tablet).
7. The Customers can access the Regulations at any time through the referrer placed on the Store’s home page, download it and print it out.
Rules of using the Store
1. The Store offers the following electronic services: Account, Order Form and Newsletter.
a) Account – using the Account is possible in two variants, the first is to use the Sign-up Form, where the Customer is obliged to provide their e-mail address and password, the other is possible after completing two consecutive steps by the Customer – (1) completing the Sign-up Form and (2) clicking on the “Create an account?” field. The Customer must provide the following data in the Sign-up Form: name and surname, address, e-mail address, telephone number and password.
b) Order Form – the use of the Order Form begins with the Customer adding the first item to the electronic basket at the Online Store. Placing an Order takes place after the Customer completes two consecutive steps – (1) after completing the Order Form and (2) clicking on “Order” after completing the Order Form on the Online Store’s website – up to that moment it is possible to modify the entered data independently (for this purpose the customer should follow the displayed messages and information available on the Online Store’s website). The Customer must provide the following data in the Order Form: name and surname, address, e-mail address, telephone number, password, quantity of Goods, place and method of Product(s)’ delivery, payment method.
2. The Account electronic service (clause 1(a)) is provided free of charge for an indefinite period. The Customer has the possibility, at any time and without giving any reason, to delete the Account (resign from the Account) by sending an appropriate request via the contact form. The Seller will then send a link to the e-mail address provided by the Customer, in which he or she will be able to confirm their willingness to delete their data.
3. The Order Form electronic service is provided free of charge, and it is a one-time service and ceases when the Order is placed using the Form or when the Ordering Party ceases to place the Order using the Form.
4. To start using the Store the Customer must use one of the above-mentioned electronic services.
5. An indispensable and necessary condition for registration referred to in clause 1 (a)(b) above, is to read the Regulations and agree to their content.
6. The Seller may refuse the Customer to use the Store. Regardless of the Seller’s power specified in the preceding sentence, the Seller may limit the Customer’s access to some or all of the Store’s resources, with immediate effect. The Seller’s powers specified in the preceding sentences do not give rise to any costs or fees to be incurred by the Customer. The Seller may use the above powers in the event of Customer’s violation of the Regulations, in particular in case the Customer:
a) provided data that is untrue, inaccurate or out of date, misleading or violating the rights of third parties during registration at the Store,
b) infringed the personal rights of third parties, in particular the personal rights of other Customers of the Store via the Store,
c) undertook a different activity, considered by the Seller to be inconsistent with applicable law or general principles of using the Internet or detrimental to the reputation of the Seller or its partners.
7. In order to ensure the security of the transmission of messages and data in relation to the services provided at the Store, the Seller takes technical and organizational measures adequate to the degree of security threat to the services provided, in particular measures preventing the unauthorized acquisition and modification of personal data sent on the Internet.
8. The Customer is obliged, in particular, to:
a) use the Store in a way that will not interfere with its functioning, in particular through the use of specific (including specialized) software or devices,
b) refrain from taking actions such as sending or placing unsolicited commercial information (spam) at the Store,
c) not to use the Store in a manner oppressive to other Customers or the Seller,
d) use any content posted at the Store only for personal use,
e) use the Store in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
Sales Agreement conclusion procedure
1. Information about the Goods provided at the Store’s pages, especially their description, technical and performance parameters and prices constitute invitation to conclusion of the agreement within the meaning of article 71 of the Civil Code.
2. In order to conclude the Sales Agreement through the Store the Customer must:
a) go to the Store’s page,
b) select the Goods specifying their quantity,
c) undertake further technical measures based on the messages being displayed and information available at the Store’s page.
3. The Seller shall not charge the Customer with any costs and/or fees for using the Store’s page in order to conclude an agreement or for any other purpose.
4. The selection of Goods to be ordered by the Customer is made by adding them to a basket and clicking on the “Order” button.
5. During order placement – prior to clicking on the “Buy and pay” button – the Customer may modify the entered data and selected Goods. To do that, he or she should follow the displayed messages and information available at the Store’s page.
6. After providing all the necessary data by the Store’s Customer, an Order summary will be displayed for the Customer. The Order summary will contain information on:
a) products ordered,
b) unit or total price of all products or services ordered, including delivery cost and additional costs (if any),
c) selected payment method,
d) delivery method,
7. In order to send an Order, it is necessary to provide personal data marked as obligatory, read the Regulations, accept the Regulations and click on the “Buy and pay” button.
8. Sending the Order by the Customer constitutes a declaration of intent to conclude the Sales Agreement with the store operator, in accordance with the Regulations.
9. After placing the order and its acceptance by the Store, the Customer receives an e-mail entitled “We received your order” containing the final confirmation of all essential elements of the Order.
10. The agreement is considered concluded the moment the Customer receives an e-mail message referred to in clause 9 above.
11. The Sales Agreement is concluded in the Polish language, and its content complies with the Regulations.
12. Customers may access the Regulations at any time using the referrer available at https://go-ko.pl/, and download it and print it on their own, at their own expense and effort.
13. Recording, securing and making the Order data available shall be effected through e-mail. The Regulations are made available at the Store’s page and via e-mail, in the e-mail , referred to in clause 9 above.
Delivery of Goods
1. The Goods are delivered within the territory of the Republic of Poland.
2. The delivery of Goods is made against payment, unless the Sales Agreement constitutes otherwise. The costs of delivery of Goods (including fees for transport, delivery and postal services) are communicated to the Customer when placing an Order, also the moment the Customer expresses their intent to be bound by the Sales Agreement.
3. Delivery costs depend on the selected methods of delivery and payment and will be indicated at the time of placing the Order.
4. The Seller provides the Customer with the following methods of delivery or collection of Goods:
a) Delivery by courier services, delivery by courier services with payment on delivery.
5. The delivery is made within 5 business days after the payment is credited to our account.
Prices and methods of payment
1. The prices of Goods are given in Polish zloty and include all components, including VAT and delivery costs.
2. The Customer can pay:
a) by transfer to a bank account number,
b) by cash at collection (the so-called payment at delivery)
c) electronically using PayU system
A right to withdraw from the agreement
1. Only the Customer who is also a Consumer has 30 days to withdraw from the agreement without giving any reason. The time limit to withdraw from the agreement ends after 30 days from the date on which the Consumer came into possession of the item or on which the third party designated by the Consumer other than the carrier came into possession of the item.
2. In order to exercise the right of withdrawal from the agreement, the Consumer is obliged to inform the Seller about their decision to withdraw from the Sales Agreement by way of an unambiguous statement (in the form of a letter sent by post or e-mail).
3. The Consumer may use an agreement withdrawal form. The use of the agreement withdrawal form by the Consumer is not obligatory. The form template is available at the Seller’s page https://go-ko.pl/.
4. The agreement withdrawal form is sent to the Consumer’s e-mail, in a message confirming that the Consumer’s Order was accepted for processing.
5. To meet the deadline for withdrawal from the agreement, the Consumer must only send (or post – applies to postal items) information on the exercise of the Consumer’s right to withdraw from the Sales Agreement before the end of the time limit for withdrawal from the agreement.
6. Withdrawal from the Sales Agreement entails the obligation to return the Goods in the manner and on the terms specified below (effects of withdrawal from the Sales Agreement).
Effects of the withdrawal from the Sales Agreement
1. In the event of withdrawal from this agreement, the Seller shall reimburse to the Consumer all payments received from them, including the cost of delivering the item, immediately, and in any case not later than 14 days from the day on which the Seller was informed about the Consumer’s decision to exercise the right to withdraw from the Sales Agreement, provided the items are returned.
2. The reimbursement will be made using the same payment methods that were used by the Consumer in the original transaction (i.e. when paying for the Goods), unless the Consumer expressly agreed to another solution. The Consumer does not bear any additional costs related to the reimbursement of payment.
3. The Seller may withhold the reimbursement until receipt of the item being the subject of the Sales Agreement. In the event the Seller withholds the reimbursement of payment until receipt of the item being the subject of the Sales Agreement, the period referred to in clause 1 above may be extended.
4. The returned goods should be sent to: GOKO Sp. z o.o. Komorowo, ul. Kolejowa 25, 07-310 Ostrów Mazowiecka, immediately, and in any case not later than 14 days from the day on which the Seller was informed about the Consumer’s decision to exercise the right to withdraw from the Sales Agreement. The deadline is deemed to have been observed if the Consumer sends back the Goods before the 14-day period has elapsed. The Consumer incurs direct costs of the Goods’ return. The Seller may refuse to accept the Goods returned at the Seller’s expense.
5. In order to speed up the return procedure, the Consumer is asked to write the “Zwrot” phrase on the outside of the packaging, but this is not obligatory. The phrase should be written on the packaging protecting the transported Goods, not on the packaging of the product itself.
6. The consumer is responsible for diminishing the value of the Goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.
Aftersale goods complaints
1. The Seller is obliged to deliver defect-free Goods.
2. The Seller is solely liable to the Customer within the meaning of art. 22(1) of the Civil Code, under the warranty for defects in the scope specified in the Civil Code, in particular in art. 556 and art. 556(1) – 556(3) et. seq of the Civil Code.
3. Complaints arising from violation of rights guaranteed by statute or pursuant to these Regulations should be sent to the following e-mail address: email@example.com. The Store operator undertakes to consider each complaint within 30 days from the date of notification or delivery of the Goods, if necessary to identify possible defects. Failure to consider the complaint within the above time limit means that it is deemed justified.
Complaints concerning provision of services by electronic means
1. The Seller shall take all necessary actions to ensure fully correct operation of the Store, to the extent which results from the current technical knowledge and undertakes to remove any irregularities reported by the Customers within a reasonable time.
2. The Customer is obliged to immediately notify the Seller about any irregularities or interruptions in the functioning of the Online Store’s website.
3. Irregularities concerning the functioning of the Store can be notified by the Customer via e-mail to: firstname.lastname@example.org
4. In the complaint, the Customer should provide their full name or company (along with the full name of the contact person), correspondence address, type and date of irregularities related to the functioning of the Store.
5. The Seller undertakes to consider each complaint within 14 days. Failure to consider the complaint in the above time limit means that it is deemed justified.
When concluding the Sales Agreement, the Customer may give their consent to receive information, in the form of a newsletter, about special offers and discount vouchers as well as news related to services provided by the Seller. The Customer may at any time withdraw their consent at: https://go-ko.pl/, after logging in to their Account or contacting the Customer Service Department at email@example.com
Dispute settlement and final provisions
1. A Customer who is also a Consumer may use out-of-court methods of processing complaints and pursuing claims if interested. Disputes regarding online purchases can be settled through mediation before the Provincial Inspectorates of the Trade Inspection or before the arbitration court at the Provincial Inspectorate of Trade Inspection. The consumer may also use other methods of out-of-court dispute settlement and, for example, file a complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/
2. If the Consumer is not interested in the possibility of referring to out-of-court dispute settlement methods, settlement of possible disputes arising between the Seller and the Consumer will be settled by the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
3. Settlement of any disputes arising between the Seller and the Customer, who is not also a Consumer, will be settled by the court having jurisdiction over the registered office of the Seller.
4. To matter not settled herein, the provisions of the Civil Code, the Consumer Rights Act, the Act on the provision of services by electronic means and other relevant provisions of the Polish law shall apply.
5. These Regulations shall be effective from 08.03.2019. Any amendments and supplements to these Regulations shall be effective from the date of their publication at https://go-ko.pl/, whereas to the already placed orders the Regulations in force at the time of placing the order shall apply.