Regulations

TERMS AND CONDITIONS OF THE GAMINATE.PRO ONLINE SHOP

Table of contents:

• 1 Definitions
• 2 General provisions
• 3 Customer Account
• 4 Procurement
• 5 Payment and price
• 6 Delivery
• 7 Withdrawal from the contract
• 8 Warranty for defects
• 9 Protection of personal data
• 10 Provision of electronic services
• 11 Online shop reviews
• 12 Final provisions

 

§1 Definitions

Terms used in the Rules and Regulations shall mean respectively:

• Shop / Store Internet- the online shop operated by the Seller and available at the following address https://gaminate.pro.
• Seller - Gaming Supplements Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Nowy Świat 33 lok.13, 00-029 Warsaw, share capital PLN 40,750.00, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw XII Commercial Division of the National Court Register under KRS number: 0000801283, NIP: 7010942894, REGON: 384220149, e-mail address: sklep@gaminate.pro; telephone number: 513 404 429.
• Customer - a natural person, a legal person and an organisational unit without legal personality, to which legal capacity is granted by law, purchasing Products via an Online Shop,
• Registered Customer - A customer using the Online Shop who has registered and set up a Customer Account;
• Registration - a single action carried out by the Customer in the Online Shop, consisting of filling in a registration form in order to set up a Customer Account;
• Password - a sequence of letter, digital or other characters, specified by the Customer when registering with the Online Shop, enabling access to the Customer Account and serving to secure it;
• Customer account - individual Customer panel available after registration and logging in, marked with a login and password, used to purchase Products through the Online Shop, as well as to obtain information on the Customer's Order history;
• Consumer - a natural person who purchases Products from the Online Shop for a purpose which is not directly connected with his/her commercial or professional activity,
• Entrepreneur - a natural person, a legal person or an unincorporated entity purchasing Products from the Online Shop in the course of a business or professional activity.
• Regulations - this document, which sets out the rights and obligations of the Seller and the Customer and the terms and conditions for placing Orders and purchasing Products and concluding Sales Agreements;
• Working day - one day from Monday to Friday, excluding public holidays within the meaning of the Act of 18 January 1951 on Public Holidays;
• Basket - service made available by the Seller in the Online Shop, which displays the Products added by the Customer to the Order, enabling the Customer to place and change the Order, as well as display the current value of the Order;
• Order - a declaration of will of the Customer, constituting an offer to conclude a Sales Contract submitted to the Seller by the Customer, submitted using the functionality of the Internet Shop, containing information necessary to conclude and perform the Sales Contract.
• Product - a movable item available in the Online Shop, intended for sale on the basis of a Sales Contract concluded by the Seller with the Customer, using the functionality of the Online Shop;
• Sales contract - a contract of sale within the meaning of the Civil Code, concerning the sale by the Seller to the Customer of the Products covered by the Order, the terms and conditions of which are set out in the Regulations;
• RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);
• Payment operator - is understood to mean the entities providing payment services within the Shop to its Customers. The payment operators are: PayNow online payment service provider - mElements S.A., 00-850 Warsaw, Prosta 18, online payment service provider Blue Media S.A. based in Sopot, Powstańców Warszawy 6, code 81-718, online payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., Stripe Payments Europe, Limited, The One Building, 1 Grand Canal Street Lower, Dublin 2, Co. Dublin Ireland

§2 General provisions

1. The online shop available at https://gaminate.pro is operated by Gaming Supplements Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Nowy Świat 33 lok.13, 00-029 Warsaw, share capital 40.750,00 PLN, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw XII Economic Division of the National Court Register under KRS: 0000801283, NIP: 7010942894, REGON: 384220149, e-mail address: sklep@gaminate.pro
2. The Terms and Conditions define the rights and obligations of the Customers and the Seller.
3. The Regulations are drawn up in the Polish language and constitute a model contract within the meaning of the Act of 23 April 1964. - Civil Code.
4. In order to conclude a contract with the Seller, the Customer may exercise the right to negotiate the terms of the contract before placing the Order. If the Customer waives the possibility to negotiate, these Terms and Conditions shall constitute the content of the contract concluded between the parties.
5. The Customer may access the Terms and Conditions at any time at: https://pl.gaminate.pro/regulamin, as well as by saving it in any format on a medium of their choice.
6. Unless expressly indicated in the commercial information, the Products offered in the Online Shop are new, free from physical and legal defects and have been legally introduced into the Polish market. This information is tantamount to the Seller's obligation to provide the Customer with Products without defects.
7. These Terms and Conditions are an integral part of all sales contracts concluded by the Seller, including contracts concluded by way of an Order placed by e-mail or telephone.
8. The Customer can communicate with the Seller via e-mail address: sklep@gaminate.pro, telephone number: 513 404 429 or by means of the chat available on the website of the Online Shop.  
9. Communication with the Vendor by the Customer shall result in the Customer incurring costs, which result from the agreements concluded by the Customer with third parties, for the possibility to use certain forms of remote communication. The Vendor shall not charge any additional fees or benefits for the possibility to communicate with it.
10. In the event of a dispute with the Seller, the Customer has the option of settling the matter amicably by:
    1. recourse to a permanent amicable consumer court,
    2. mediation,
    3. to contact the Provincial Inspector of Trade Inspection,
    4. approach the Consumer Federation,
    5. use of the online platform for consumer and business dispute resolution at EU level available at http://ec.europa.eu/consumers/odr (ODR platform).

§3 Customer Account

1. In order to set up a Customer Account, the Customer registers using the form, providing the data listed in the Registration form.
2. The password given when logging into the Shop may consist of letters, digits and/or special characters. The password is individual for each Customer. The password can be changed in the Customer's Account by entering the e-mail address and the new password.
3. The user login is the customer's e-mail address provided during registration.
4. The creation of a customer account is free of charge and voluntary.
5. Registration is not a condition for placing an Order in the Shop. The Customer has the possibility of placing an Order via the Online Shop without prior Registration, using the Order form.
6. The customer undertakes to provide truthful data.

§4 Procurement

Information about the Products presented in the Internet Shop does not constitute an offer within the meaning of the Civil Code; it is an invitation to conclude a sales agreement.

1. Placing an Order constitutes an offer within the meaning of the Civil Code, made by the Customer to the Seller.
2. The Customer has a choice of two ways to place an Order: placing an Order after prior Registration, via the Customer Account, placing an Order without Registration, via the Order form.
3. In order to place an Order, the Customer should add the Product he/she wishes to purchase to the Basket. Adding a Product to the "Basket" is not tantamount to placing an Order. Products may be freely added or removed from the Basket.
4. The Customer with a Customer Account, after logging in and finally adding the Products to the Basket, is redirected to the form used to place the Order in order to specify the delivery method and payment method. The Customer is then redirected to the Order summary. The Order is placed by selecting the "Confirm Order" button.
5. The Customer without a Customer Account, after finally adding the Products to the Basket, is redirected to the form used to place the Order in order to enter the address, the payer's details, the delivery method and the payment method. The Customer is then redirected to the Order summary. The Order is completed by selecting the "I Confirm Order" button.
6. It is a condition of placing an Order that the Customer has read and accepted these Terms and Conditions, which the Customer confirms before placing the Order by ticking the appropriate box on the Order form.
7. By pressing the "I Confirm Order" button, the Customer is placing an Order with an obligation to pay.
8. Information on the total value of the Order, which includes the price of the Product and the costs of its delivery, is given each time on the website of the Online Shop during the placement of the Order, including before the Customer directly approves and places the Order. These are the total costs that the Customer is obliged to pay, including any applicable taxes and delivery costs for the Product.
9. Once the Order has been placed, the Customer will receive a message entitled "Order placed" at the electronic mail address (e-mail) provided when placing the Order or associated with the Customer Account. This message will confirm receipt of the Order by the Seller. This email does not yet constitute acceptance of the Customer's offer i.e. conclusion of the Contract of Sale.
10. The Seller will then send an email to the Customer stating that the Order has been accepted for processing, the date of dispatch and the commencement of the Order, entitled "Order accepted for processing". This email constitutes acceptance of the Customer's offer. If the Seller informs the Customer that it has accepted the offer made by the Customer, a Contract of Sale between the Seller and the Customer is concluded. If the Seller is not in a position to accept the Customer's offer in whole or in part, the Seller shall send the Customer a message stating that the Customer's offer has been refused and that the Order has been cancelled in whole or in part. To the extent that the Order has been cancelled, the Contract of Sale is not concluded.
11. In the event of refusal of an offer and cancellation of an Order, the Seller shall promptly refund the payments made by the Customer for the Order, in whole or in part, in which the Seller refused the offer and cancelled the Order. In the event that the Seller refuses the offer and cancels the Order in part, the Customer is entitled to cancel the Order in its entirety, which does not affect its right to withdraw from the contract.
12. Together with the information confirming the placement of the Order, the Seller sends the Customer an instruction on the right of withdrawal, as well as links to the "Withdrawal" and "Terms and Conditions" sections.

§5 Payment and price

1. The Customer has the option to pay for the Product for the Order placed as follows:
   in cash (cash on delivery) upon delivery of the Product by the supplier,
   payment online or by credit card via a payment operator of your choice.
2. The prices given on the website of the Online Shop are gross prices and are expressed in Polish zloty. The price of the Product before adding it to the Basket does not include the costs of shipment.
3. The Customer shall make payment in the amount resulting from the Sales Agreement within 5 Business Days in the case of payment made by online payment or payment card through the selected Payment Operator. If payment is not made within the period referred to in the preceding sentence, the Seller may withdraw from the Sales Agreement without setting an additional period for the Customer to make payment. 
4. Where the Customer has chosen to pay in cash (cash on delivery), the Contract of Sale is concluded on a resolutive condition - failure to pay the price or collect the Product shall result in termination of the Contract of Sale. 
5. In order to receive an invoice, the Customer shall declare that he/she is purchasing the Products as an Entrepreneur. The Customer shall declare that he is purchasing the Products as an Entrepreneur by marking the "Company" field on the Order form. An invoice for the Products that are the subject of the Sales Contract shall be sent to the Customer electronically to the Customer's email address. 

§6 Delivery

1. The Customer chooses the type of delivery from those available on the website of the Online Shop. Delivery takes place to the address indicated by the Customer in the Order. Deliveries take place on working days.
2. The Seller delivers on the territory of Poland, the Czech Republic, Slovakia, Germany, France, Belgium, Austria , Denmark, the Netherlands, Croatia (mainland), Lithuania, Bulgaria , Great Britain, Hungary, Slovenia, Luxembourg, Latvia, Portugal (mainland), Italy, Estonia, France (mainland), Romania, Spain (mainland), Ireland, Sweden. 
3. The costs of delivering the Product, which are to be borne by the Customer in addition to the price of the Product, are indicated on the website of the Online Shop when placing the Order.
4. Upon delivery of the Product, the benefits and burdens of the item and the risk of accidental loss or damage pass to the Customer. The Product is deemed to have been delivered when it is collected from the carrier or forwarding agent by the Customer.
5. It is recommended that the Customer, if possible, check the Product upon delivery and in the presence of a representative of the entity carrying out the transport or forwarding. In the event of any damage to the consignment, it is also recommended that the Customer writes an appropriate protocol and immediately contacts the Seller.

§7 Withdrawal from the contract

1. A customer who is a Consumer who has concluded a distance contract via the Online Shop may withdraw from the contract within 30 days without giving any reason.
2. The right of withdrawal does not apply to the Consumer in the cases referred to in Article 38 of the Consumer Rights Act of 30 May 2014.
3. The period for withdrawal shall begin from the day on which the Customer takes possession of the Product or on which a third party other than the carrier designated by the Customer takes possession of the Product. Sending your notice of withdrawal before the end of the withdrawal period shall be sufficient to meet the withdrawal period.
4. The customer, the right to withdraw from the contract of sale can be exercised by sending a completed and signed statement of withdrawal to the address: Gaming Supplements Sp. z o.o., ul. Nowy Świat 33 lok.13, 00-029 Warsaw or by email to: sklep@gaminate.pro.
5. When exercising the right to withdraw from the sales contract, the Customer may use the withdrawal declaration form provided on the website of the Online Shop, which has also been sent to the Customer as an attachment together with the information on acceptance of the Order, but this is not obligatory.
6. In the event of withdrawal, the contract shall be deemed not to have been concluded.
7. In the event of withdrawal from the contract, the Customer is obliged to return the purchased Product immediately, but no later than within 30 days from the date of withdrawal from the contract. To meet the deadline it is sufficient to send the returned Product before the expiry of the 30 days to the address: Flexible Logistics Services Sp.z o.o., Pass 20K, Building No. 9, 05-870 Blonie.
8. The Customer shall bear the costs of returning (sending back) the Product.
9. The Seller shall immediately, no later than within 14 days of receipt of the Customer's declaration of withdrawal from the contract, refund to the Customer all payments made by the Customer, including the costs of delivery of the item, except for the additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery offered by the Seller.
10. The Seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has indicated a different method of refund in his/her statement of withdrawal that does not involve any costs for him/her. If it is necessary to refund a transaction made by the Customer with a payment card when such a refund is not possible for technical reasons, the Seller shall make the refund to the bank account assigned to the Customer's payment card.
11. The Seller may withhold reimbursement of payments received from the Customer until it has received the Product back or the Customer has provided proof of return, whichever event occurs first.

§8 Warranty for defects

1. The Seller shall be liable for physical or legal defects of the Products, under the terms of Article 556 et seq. of the Civil Code.
2. A complaint may be lodged by the Customer who is a Consumer in writing to the following address: Gaming Supplements Sp. z o.o., ul. Nowy Świat 33 lok.13, 00-029 Warsaw or by e-mail to: sklep@gaminate.pro.
3. When making a complaint, the Customer may use the sample complaint form provided on the website of the Online Shop, but this is not obligatory.
4. If a complaint is made without using the model complaint form, it is recommended that at least the following is stated in the complaint:
   • name, company, VAT number, mailing address and contact details;
   • information concerning the date of conclusion of the agreement together with confirmation of its conclusion;
   • information and circumstances relating to the subject of the complaint, in particular the nature and date of the defect;
   • a request as to how the complaint should be handled.
   • The Seller shall respond to the Customer's complaint immediately, no later than within 14 days from the date of its submission. Lack of the Seller's response within the aforementioned period shall mean that the Seller acknowledged the complaint as justified. 
   • If the complaint is not accepted, the Customer will also be notified whether or not the Seller consents to an out-of-court dispute resolution. If consent is given, the Seller will indicate to the Customer the entity competent to resolve the dispute out of court.

§9 Protection of personal data

Detailed information on the processing of Customers' personal data is set out in the "Privacy Policy", available at: https://gaminate.pro/polityka-prywatnosci, which forms an integral part of these Terms and Conditions.

§10 Provision of services by electronic means

            The Seller provides the following Electronic Services via the Online Shop:

• setting up and maintaining a Customer Account in the Online Shop;
• To enable you to place an Order and conclude a Sales Contract;
• enabling the use of the shopping basket;
• Newsletter;
• making available data and materials from the Online Shop, including in particular information about the Products;
• enabling you to send a message via the contact form available within the Online Shop.
  
  Technical requirements necessary to cooperate with the information and communication system through which the Seller provides electronic Services:

• a PC or other device capable of using the Shop;
• Internet access;
• access to e-mail;
• appropriate software in the form of a web browser.

1. The Customer is prohibited from providing content of an unlawful nature.
2. The contract for the provision of services by electronic means is concluded when the Customer creates a Customer Account, when he/she subscribes to the Newsletter service, as well as when he/she starts to use a given functionality of the Online Shop enabling the use of a given electronic service.
3. The contract for electronic services consisting in the establishment and maintenance of a Customer's Account in the Online Shop, as well as those consisting in the provision of the Newsletter service, are concluded for an indefinite period of time. With regard to other electronic services provided via the Online Shop, the contract for the provision of these services is concluded for an indefinite period of time and is terminated as soon as and through the discontinuation of the use of the given electronic service by the Customer and without the necessity of submitting any additional declarations.
4. The customer may terminate the agreement referred to in paragraphs 4 and 5 at any time and without stating a reason by sending a declaration to this effect by e-mail to the following address: sklep@gaminate.pro or in writing to the following address: Gaming Supplements Sp. z o.o., ul. Nowy Świat 33 lok.13, 00-029 Warsaw.
5. The customer may lodge a complaint regarding the services provided electronically by the Seller by e-mail to: sklep@gaminate.pro or in writing to the following address: Gaming Supplements Sp. z o.o., ul. Nowy Świat 33 lok.13, 00-029 Warsaw.
6. The Seller shall consider a complaint concerning electronically provided services within no more than 30 days from the date of receipt, informing the Buyer immediately of the outcome.

§11 Opinions in the online shop

1. A customer of the Online Shop has the possibility of voluntarily and free of charge issuing an opinion concerning purchases made in the Online Shop. The subject of the opinion may also be an assessment, a photo or a review of the product purchased in the Online Shop.
2. After making purchases in the Online Shop, the Seller sends an email to the Customer with a request for an opinion and a link to an online form for its submission - the online form makes it possible to answer the Seller's questions about the purchase, evaluate it, add a description of the opinion and a photo of the purchased product. If no feedback is provided after the first email is received, the Seller will resend the email once, seven days after the first email is sent.
3. A review can only be issued by a Customer who has made a purchase from the Seller's Online Shop.
4. The opinions submitted by the Customer are published by the Seller in the Online Shop and are available to all visitors of the Online Shop.
5. The submission of an opinion may not be used by the Customer for illegal activities, in particular for activities that constitute an act of unfair competition against the Seller or activities that infringe personal rights, intellectual property rights or other rights of the Seller or third parties.
6. A review may only be issued for products actually purchased from the Seller's Online Shop. It is prohibited to enter into fictitious/apparent sales contracts in order to issue an opinion. Neither the Seller himself nor his employees, regardless of their employment basis, may be the author of an opinion.
7. A submitted review can be removed by its author at any time.

§12 Final provisions

1. Customers may access these Terms and Conditions of Use at any time via a link on the website of the Online Shop. The Terms and Conditions may be recorded, obtained and reproduced by printing them out or saving them on a suitable data carrier.
2. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of Consumers granted to them under mandatory provisions of law, including in particular the Consumer Rights Act of 30 May 2014. In the event of any unintentional inconsistency between the Terms and Conditions and the aforementioned provisions, these provisions shall prevail and shall be applied by the Seller.
3. If any provision of these Terms and Conditions of Use is found to be illegal, invalid or otherwise unenforceable to the extent provided by law, it shall to that extent be excluded. For the rest, the Terms and Conditions shall remain in force.
4. The Seller reserves the right to amend the Terms and Conditions. The new Terms and Conditions are published on the website of the Online Store. The Customer will be informed about changes to the Terms and Conditions immediately at the e-mail address provided by the Customer during Registration. Amendments to the Terms and Conditions become effective 14 days after the new version of the Terms and Conditions is published on the website of the Online Store. 
5. Orders placed during the validity of the previous version of the Terms and Conditions will be processed in accordance with its provisions.
6. All graphic elements of the Internet Shop, the technical solutions used therein, the content elements, as well as the manner in which the graphic elements and the content are presented (layout), as well as the software, databases and other materials placed within the scope of the Internet Shop are subject to copyright of the Seller and are protected under the provisions of the Act on Copyright and Related Rights of 4 February 1994.
7. In order to use the Online Shop, the Seller grants the Customers a non-exclusive, non-transferable, non-transferable, granted for the duration of the use of the Online Shop, Licence to use the Online Shop. Within the framework of the granted Licence, the User shall only be entitled to temporarily reproduce the Online Shop by displaying it in a web browser, as well as saving temporary files, in order to use the available functionalities in accordance with these Terms and Conditions.
8. These Terms and Conditions shall be governed by Polish law and shall be subject to the jurisdiction of the Polish courts.
9. These Regulations shall enter into force on 31.10.2023.