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Regulations

Regulations of the online store

Gugu the Hero

specifying, inter alia, rules for concluding sales contracts through the Store, containing the most important information about the Seller, the Store and the rights of the Consumer

TABLE OF CONTENTS

  • 1 Definitions
  • 2 Contact with the Seller
  • 3 Technical requirements
  • 4 Shopping in the Store
  • 5 Payment
  • 6 Order fulfillment
  • 7 The right to withdraw from the contract
  • 8 Exceptions to the right to withdraw from the contract
  • 9 Complaints
  • 10 Personal data
  • 11 Reservations

Annex 1: Model withdrawal form

  • 1 DEFINITIONS

Working days - days from Monday to Friday, except public holidays.

Consumer - a consumer within the meaning of the provisions of the Civil Code.

Buyer - any entity that buys in the Store.

Regulations - these regulations.

Store - Gugu the Hero online store run by the Seller at https://guguthehero.com

Seller - an entrepreneur entered in the Central Register and Information on Economic Activity kept by the minister competent for economy and keeping the Central Register and Information on Economic Activity:

Magdalena Śliwińska running a business with its registered office at ul. Długa 63/8, 31-147 Kraków, NIP 573 252 59 11, REGON number 387053982.

  • 2 CONTACT WITH THE SELLER
  • Postal address: ul. Długa 63/8, 31-147 Krakow
  • E-mail address: orders@guguthehero.com
  • Telephone: +48 512 500 176
  • 3 TECHNICAL REQUIREMENTS
  1. For the proper functioning of the Store, you need:
  • a device with Internet access
  • a web browser that supports JavaScript and cookies.
  • 4 SHOPPING IN THE STORE
  1. The prices of goods visible in the Store are the total prices for the goods.
  2. The Seller points out that the total price of the order consists of the price indicated in the Store: the price for the goods and, if applicable, the costs of delivery of the goods.
  3. The product selected for purchase should be added to the basket in the Store.
  4. Then the Buyer selects from the available in the Store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the order.
  5. The order is placed upon confirmation of its content and acceptance of the Regulations by the Buyer.
  6. Placing an order is tantamount to concluding a sales contract between the Buyer and the Seller.
  7. The Seller shall provide the Consumer with a confirmation of the conclusion of the sales contract on a durable medium at the latest upon delivery of the goods.

 

  • 5 PAYMENTS
  1. You can pay for the order placed, depending on the Buyer's choice:
  • By ordinary transfer to the Seller's bank account (in PLN or EUR)
  • Via the PayNow payment platform
  • By payment card:

 Visa

 Visa Electron

 Mastercard

 Mastercard Electronic

 Maestro

  • Cash on delivery, ie by card or cash upon delivery of the goods to the Buyer.
  1. If the Buyer selects payment in advance, the order must be paid within 3 working days of placing the order.
  2. The Seller informs that in the case of some payment methods, due to their specificity, payment for the order by this method is possible only immediately after placing the order.
  3. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.
  4. The entity providing online payment services in the field of card payments is Blue Media S.A.,
  • 6 ORDER COMPLETION
  • The Seller is obliged to deliver the goods without defects.
  • The order fulfillment time is 5 business days in the case of cash on delivery
  • If the Buyer has chosen to pay in advance for the order (bank transfer, payment card or online payment), the Seller will proceed with the order after paying for it, within a maximum of 3 working days from the payment being credited.
  • Countries in which the delivery is carried out:
  1. Poland
  2. Countries of the European Union
  • Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:
  1. Via a courier company
  • 7 RIGHT TO WITHDRAW FROM THE CONTRACT
  1. The consumer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The deadline to withdraw from the contract will expire after 14 days from the day:
  • on which the Consumer acquired the goods or on which a third party other than the carrier and indicated by the Consumer came into possession of the goods.
  • on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires, possession of the last of the goods in the case of a contract obliging to transfer the ownership of many things that are delivered separately.
  1. In order for the Consumer to be able to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or information sent by e-mail).
  2. The consumer may use the model withdrawal form at the end of the Regulations, but it is not obligatory.
  3. To meet the deadline to withdraw from the contract, it is enough for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.

 

EFFECTS OF WITHDRAWING FROM THE CONTRACT

  1. In the event of withdrawal from the concluded contract, the Seller returns to the Consumer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed about the Consumer's decision to exercise the right to withdraw from the contract.
  2. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in each case the Consumer will not incur any fees in connection with this return.
  3. If there is a need to return funds for a transaction made by the customer with a payment card, the seller will refund to the bank account assigned to the payment card.
  4. The seller may withhold the reimbursement until receipt of the goods or until proof of its return is provided to him, whichever occurs first.
  5. The seller asks you to return the goods to the following address: Gugu the Hero ul. Długa 63/8, 31-147 Kraków immediately, and in any case not later than 7 days from the date on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the deadline of 7 days.
  6. The consumer bears the direct cost of returning the goods.
  7. The consumer is only liable for a decrease in 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 goods.
  8. If the goods, due to their nature, cannot be returned by regular mail, the Consumer will also have to bear the direct costs of returning the goods. The Consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.
  • 8 EXCEPTIONS FROM THE RIGHT TO WITHDRAW FROM THE CONTRACT
  1. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the contract:
  2. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs;
  3. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
  4. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;

 

  1. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
  2. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
  3. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
  4. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
  5. for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.
  • 9 COMPLAINTS
  1. In the event of a defect in the goods, the Buyer may complain about the defective goods on the basis of the warranty or guarantee provided for in the Civil Code, provided that the guarantee has been granted.
  2. Using the warranty, the Buyer may, on the terms and within the time limits specified in the Civil Code:
  3. submit a declaration of price reduction,
  4. with a significant defect - submit a statement of withdrawal from the contract,
  5. require that the item be replaced with one that is free from defects,
  6. demand that the defect be removed.
  7. If it turns out that in order to consider the complaint it is necessary to deliver the advertised goods to the Seller, the Buyer is obliged to deliver the goods, in the case of the Consumer at the Seller's expense, to the address Gugu the Hero ul. Długa 63/8, 31-147 Krakow
  8. If the product has an additional guarantee, information about it, as well as about its conditions, is available in the product description in the Store.
  9. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
  10. Consideration of the complaint by the Seller will take place within 14 days.

 

EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS

  1. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia, with:
  • mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
  • assistance of the competent local permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
  • free assistance of the municipal or poviat Consumer Ombudsman;
  • The ODR internet platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
  • 10 PERSONAL DATA
  1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients - can be found in the Privacy Policy available in the Store - due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU ) on data protection - "GDPR".
  2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for the processing of personal data in this case is:
  • a sales contract or actions taken at the request of the Buyer to conclude it (Article 6 (1) (b) of the GDPR),
  • the legal obligation on the Seller related to accounting (Article 6 (1) (c)) and
  • the Seller's legitimate interest in the processing of data in order to establish, assert or defend any claims (Article 6 (1) (f) of the GDPR).
    • The Buyer's data provided in connection with purchases in the Store will be processed until:
    • the sales contract concluded between the Buyer and the Seller will cease to apply;
  1. the Seller will cease to have a legal obligation to process the Buyer's data;
  2. the possibility of pursuing claims by the Buyer or the Seller related to the sales contract concluded by the Store will cease;
  3. The Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller
  4. - depending on what is applicable in a given case and what will happen at the latest.
  5. The Buyer has the right to demand:
  6. access to your personal data,
  7. correct them,
  8. delete,
  9. processing restrictions,
  10. transferring data to another administrator
  11. as well as the law:
  12. object at any time to the processing of data for reasons related to the specific situation of the Buyer - to the processing of personal data concerning him, based on art. 6 sec. 1 lit. f GDPR (i.e. on the legitimate interests pursued by the administrator).
  13. If the Buyer considers that his data is being processed unlawfully, the Buyer may submit a complaint to the President of the Personal Data Protection Office.
  • 11 RESERVATIONS
    • The Buyer is forbidden to provide illegal content.
    • Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded on time and for the purpose of order fulfillment.
  • Agreements concluded on the basis of these regulations are concluded in Polish.
  • In the event of a possible dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.
  • None of the provisions of these regulations excludes or in any way limits the consumer's rights under the law.
  • Provisions regarding goods and sales contracts shall apply accordingly to digital content and contracts for the supply of digital content, unless the Regulations specify these issues separately.

Annex 1 to the Regulations

 

Below is a model withdrawal form that the Consumer may or may not use:

 

TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT

(this form should be completed and returned only if you wish to withdraw from the contract)

Gugu the Hero ul. Długa 63/8, 31-147 Krakow

e-mail address: orders@guguthehero.com

- I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*):

………………………………………………………………………………………………………………………………………..

- Date of conclusion of the contract (*) / receipt (*) and order number ................................... .................................................. .....................................

 

- Name and surname of the Consumer (s): ........................................ .................................................. ....................................

 

- Consumer (s) address: .......................................... .................................................. ..............................................

 

.................................................. .................................................. .................................................. .

- Bank account number:

.................................................. .................................................. ......................................

- Reason for return (not mandatory - information for the purpose of improving the product offer by the Seller)

.................................................. .................................................. ......................................

 

Consumer's signature

(only if the form is sent in paper version)

 

 

Date ............................................

(*) Delete as appropriate.

 

Newsletter regulations

Gugu the Hero store

  • 1 DEFINITIONS

Consumer - a consumer within the meaning of the provisions of the Civil Code.

Newsletter - a free service provided electronically, thanks to which the Service Recipient may receive from the Service Provider electronically previously ordered messages regarding the Store, including information about offers, promotions and new products in the Store.

Store - Guguthehero.com online store run by the Service Provider at https://guguthehero.com

Service Provider - entrepreneurs entered in the Central Register and Information on Economic Activity kept by the minister competent for economy and keeping the Central Register and Information on Economic Activity:

Magdalena Śliwińska running a business with its registered office at ul. Długa 63/8, 31-147 Kraków, NIP 573 252 59 11, REGON number 387053982.

Recipient - each entity using the Newsletter service.

  • 2 Newsletter
  1. The Service Recipient may voluntarily use the Newsletter service.
  2. To use the Newsletter service, it is necessary to have a device with the latest version of a web browser that supports JavaScript and cookies, with access to the Internet and an active e-mail account.
  3. E-mails sent as part of this service will be sent to the e-mail address provided by the Customer at the time of subscribing to the Newsletter.
  4. The Service Recipient, in order to conclude a contract and subscribe to the Newsletter service, in the first step provides his e-mail address to which he wants to receive messages sent as part of the Newsletter. At the time of subscription to the Newsletter, a contract for the provision of the service is concluded, and the Service Provider will start providing it to the Service Recipient - subject to paragraph 5.
  5. For the proper implementation of the Newsletter service, the Service Recipient is obliged to provide his correct e-mail address.
  6. The messages sent as part of the Newsletter will contain information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
  7. The Service Recipient may unsubscribe from the Newsletter, without giving any reason and incurring any costs, at any time, using the option referred to in paragraph 6 or by sending a message to the Service Provider's e-mail address: orders@guguthehero.com.
  8. The use by the Customer of the link to unsubscribe from the Newsletter or sending a message with a request to unsubscribe from the Newsletter will result in the immediate termination of the contract in the provision of this service.
  • 3 Complaints
    • Complaints about the Newsletter should be reported to the Service Provider at the following e-mail address: orders@guguthehero.com.
    • The Service Provider will respond to the complaint within 14 days of receiving the complaint.

 

  • EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS
  • In the event that the complaint procedure does not bring the result expected by the Service Recipient who is a Consumer, the Consumer may use, inter alia, with:
  • mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
  • assistance of the competent local permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
  • free assistance of the municipal or poviat Consumer Ombudsman;
  • The ODR internet platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
  • 4 Personal data
  • The Service Provider is the administrator of the personal data provided by the Customer in connection with the subscription to the Newsletter. Detailed information on the processing of personal data by the Service Provider - including other purposes and grounds for data processing, as well as data recipients, can be found in the Privacy Policy available in the Store - due to the principle of transparency, contained in the general regulation of the European Parliament and the Council ) on data protection - "GDPR".
  • The purpose of processing the Customer's data is to send the Newsletter. The basis for the processing of personal data in this case is a contract for the provision of a service or actions taken at the request of the Service Recipient, aimed at its conclusion (Article 6 (1) (b) of the GDPR), as well as the legitimate interest of the Service Provider, consisting in processing data in order to establish , to investigate or defend any claims (Article 6 (1) (f) of the GDPR).
  • Providing data by the Service Recipient is voluntary, but at the same time necessary for the provision of the Newsletter service. Failure to provide data means that the Service Provider will not be able to provide this service.
  • The Service Recipient's data will be processed until:
  • The Service Recipient will unsubscribe from the Newsletter;
  • the Customer or the Service Provider will no longer be able to pursue claims related to the Newsletter;
  • The Customer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Service Provider

- depending on what is applicable in a given case and what will happen at the latest.

  1. The Service Recipient has the right to demand:

1.access to your personal data,

1.correct them,

1.delete,

1.processing restrictions,

  1. transferring data to another administrator

as well as the law:

  1. to object at any time to the processing of data for reasons related to the specific situation of the Service Recipient - to the processing of personal data concerning him, based on art. 6 sec. 1 lit. f GDPR (i.e. on the legitimate interests pursued by the administrator).
  2. If the Service Recipient considers that his data is being processed unlawfully, the Service Recipient may submit a complaint to the President of the Personal Data Protection Office.
  • 5 Final provisions
  1. The Service Provider reserves the right to amend these regulations only for important reasons. An important reason is the need to change the regulations caused by the modernization of the Newsletter service or a change in the law, affecting the provision of the service by the Service Provider.
  2. Information about the planned amendment to the regulations will be sent to the Customer's e-mail address provided at the time of subscribing to the Newsletter at least 7 days before the changes are implemented.
  3. If the Service Recipient does not object to the planned changes until their entry into force, it is assumed that he accepts them.
  4. In the absence of acceptance for the planned changes, the Service Recipient should send information about it to the Service Provider's e-mail address: orders@guguthehero.com, which will result in the termination of the service contract with the entry into force of the planned changes.
  5. It is forbidden for the Customer to provide illegal content.
  6. In the case of a Service Recipient who is not a Consumer, the competent court will be the court competent for the seat of the Service Provider.
  7. The contract for the provision of the Newsletter service is concluded in Polish.

 

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