TERMS AND CONDITIONS OF THE GAMINATE.PRO ONLINE STORE

Table of Contents:

• 1 Definitions
• 2 General Provisions
• 3 Customer Account
• 4 Orders
• 5 Payment and price
• 6 Delivery
• 7 Withdrawal from the contract
• 8 Warranty for defects
• 9 Personal Data Protection
• 10 Provision of services by electronic means
• 11 Reviews in the online store
• 12 Final Provisions

1. Definitions

The terms used in the Regulations mean, respectively:

• Shop / Shop online – online shop run by the Seller available at https://gaminate.pro ;
• Seller – Gaming Supplements Limited Liability Company with its registered office in Warsaw, Nowy Świat 33 lok.13, 00-029 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 12th Division Commercial Register of the National Court Register under the KRS number: 0000801283, NIP: 7010942894, REGON: 384220149, e-mail address: shop@gaminate.pro;
• Client – a natural person, legal person and an organizational unit without legal personality, which the law grants legal capacity, purchasing Products via the Online Store,
• Registered Customer – a Customer using the Online Store who has registered and opened a Customer Account;
• Registration – a one-time activity performed by the Customer as part of the Online Store, consisting in completing the registration form in order to create a Customer Account;
• Password – a string of letters, numbers or other characters, specified by the Customer during Registration in the Online Store, enabling access to the Customer Account and serving to protect it;
• Customer account – an individual Customer panel available after Registration and logging in, marked with a login and password, used to purchase Products via the Online Store, as well as obtaining information by the Customer about the history of Orders;
• Consumer – a natural person purchasing Products in the Online Store for purposes not directly related to their business or professional activity,
• Entrepreneur – a natural person, legal person or entity without legal personality, purchasing Products in the Online Store as part of business or professional activity.
• Regulations – this document specifying the rights and obligations of the Seller and the Customer as well as the 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 January 18, 1951 on public holidays;
• Cart – a service provided by the Seller in the Online Store, within which the Products added by the Customer to the Order are visible, enabling the submission and modification of the Order, as well as displaying the current value of the Order;
• Order – Customer’s declaration of intent, constituting an offer to conclude a Sales Agreement submitted to the Seller by the Customer, submitted using the functionality of the Online Store, containing information necessary to conclude and perform the Sales Agreement.
• Product – a movable item available in the Online Store, intended for sale on the basis of a Sales Agreement concluded by the Seller with the Customer, using the functionality of the Online Store;
• Sales contract – a sales contract within the meaning of the Civil Code regarding the sale by the Seller to the Customer of the Products covered by the Order, the terms of which are specified in the Regulations;
• GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on the protection of personal data);
• Payment operator – it is understood as an entity providing payment services as part of the Store for its customers. The payment operator is the online payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., Stripe Payments UK, Ltd. which has its principal place of business at 7th Floor, The Bower Warehouse, 211 Old Street, London EC1V 9NR, United Kingdom

2. General provisions

1. The online store available at https://gaminate.pro is run by a company under the name Gaming Supplements Limited Liability Company with its seat in Warsaw, Nowy Świat 33 lok.13, 00-029 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 12th Division Commercial Register of the National Court Register under the KRS number: 0000801283, NIP: 7010942894, REGON: 384220149, e-mail address: shop@gaminate.pro;
2. The Regulations define the rights and obligations of the Customers and the Seller.
3. The Regulations are drawn up in Polish and constitute a standard contract within the meaning of the provisions 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 resigns from the possibility of negotiation, these Regulations constitute the content of the contract concluded between the parties.
5. The Customer may access the Regulations at any time at: https:// gaminate.pro/regulamin, as well as by saving it in any format on the carrier of his choice.
6. Unless expressly indicated in the commercial information, the Products offered in the Online Store are new, free from physical and legal defects and have been legally placed on the EU market. This information is tantamount to the Seller’s obligation to provide the Customer with Products without defects.
7. These Regulations constitute an integral part of all sales contracts concluded by the Seller, including contracts concluded through an Order placed by e-mail or telephone.
8. Communication with the Seller made by the Customer causes the Customer to bear the costs resulting from contracts concluded by the Customer with third parties for the possibility of using certain forms of remote communication. The seller does not charge any additional fees or benefits for the ability to communicate with him.
9. In the event of a dispute with the Seller, the Customer may settle the matter amicably by:
10. referring to a permanent amicable consumer court,
11. mediation,
12. applying to the Provincial Inspector of Trade Inspection,
13. applying to the Consumer Federation,
14. using the platform of the online dispute resolution system between consumers and entrepreneurs at the EU level available at http://ec.europa.eu/consumers/odr (ODR Platform).

3. Customer Account

1. In order to create a Customer Account, the Customer performs Registration using the form, providing the data listed in the Registration form.
2. The password provided when logging into the Store may consist of letters, numbers and / or special characters. The password is individual for each client. The password can be changed in the Customer Account by entering the e-mail address and a new password.
3. The user’s login is the e-mail address of the customer provided during registration.
4. Setting up a Customer Account is free and voluntary.
5. Registration is not a condition for placing an Order in the Store. The Customer may place an Order via the Online Store without prior Registration, using the Order form.
6. The customer undertakes to provide true data.

4. Orders

1. Information about the Products presented in the Online Store does not constitute an offer within the meaning of the Civil Code, it constitutes an invitation to conclude a Sales Agreement.
2. Placing an Order constitutes an offer within the meaning of the Civil Code, submitted to the Seller by the Customer.
3. The customer has a choice of two methods of placing an Order:

• placing an Order after prior Registration, via the Customer Account,
• placing an Order without Registration via the Order form.

4. In order to place an Order, the Customer should add the Product he intends to buy to the Cart. Adding a Product to the “Cart” is not tantamount to placing an Order. Products can be freely added to or removed from the Cart.
5. A customer who has a customer account, after logging in and finally adding the products to the basket, is redirected to the form used for placing orders, in order to provide the method of delivery and payment method. Then the customer is redirected to the order summary. Placing an Order is made by selecting the “Рlace Order” button.
6. A customer who does not have a Customer Account, after finally adding the Products to the Cart, is redirected to the form used for placing Orders, in order to provide the address, payer data, method of delivery and payment method. Then the customer is redirected to the order summary. Placing an Order is made by selecting the “Confirm Order” button.
7. The condition for placing an Order is to read and accept these Regulations, which the Customer confirms before placing the Order by checking the appropriate box in the Order form.
8. By pressing the button “Рlace order”, the Customer submits an Order with the obligation to pay
9. Information about the total value of the Order, which includes the price of the Product and the costs of its delivery, is each time provided on the Online Store website when placing the Order, including before direct approval and placing of the order by the Customer. These are the total costs that the Customer is obliged to pay together with the applicable taxes and the costs of delivering the Product.
10. After placing the Order, the Customer will receive an e-mail address (e-mail) provided when placing the Order or related to the Customer’s Account with a message entitled “Order placed”. This message will confirm receipt of the Order by the Seller. This e-mail does not yet constitute the acceptance of the Customer’s offer, i.e. the conclusion of the Sales Agreement.
11. Then, the Seller will send a message to the Customer informing about the acceptance of the Order for execution, the date of shipment and the commencement of the Order, entitled “Order accepted for execution”. This e-mail constitutes acceptance of the Client’s offer. If the Seller informs the Customer about the acceptance of his offer, a Sales Agreement is concluded between the Seller and the Customer. If the Seller is not able to accept the Customer’s offer in whole or in part, then he will send him a message informing him about the refusal to accept the Customer’s offer and the cancellation of the Order in whole or in part. To the extent that the Order has been canceled, the Sales Agreement is not concluded.
12. In the event of refusal to accept the offer and cancellation of the Order, the Seller shall immediately refund the payments made by the Customer for the placed Order, in whole or in part in which the Seller refused to accept the offer and canceled the Order. In the event of a refusal to accept the offer and the cancellation of the Order in part by the Seller, the Customer is entitled to cancel the Order in full, which does not violate his right to withdraw from the contract.
13. Along with the information confirming the placement of the Order, the Seller sends the Customer an instruction on the right to withdraw from the contract, as well as links to the “Withdrawal from the contract” and “Regulations” sections.

5. Payment and price

1. The customer has the option to pay for the Product under the order placed using online payment РayРal, Stripe or by credit card.
2. The prices listed on the Online Store website are gross prices and are expressed in Euros. The price of the Product before adding it to the Cart does not include shipping costs.

6. Delivery

1. The customer selects the type of delivery from among those available on the Online Store website. The delivery takes place to the address indicated by the Customer in the Order. Deliveries take place on Working days.
2. The costs of delivering the Product, which, in addition to the price for the Product, are borne by the Customer, are provided on the Online Store website when placing the Order.
3. Upon the release of the Product to the Customer, the benefits and burdens associated with the item and the risk of its accidental loss or damage pass. The release of the Product is understood as its receipt from the carrier or forwarder by the Customer.
4. It is recommended that the Customer, if possible, check the Product after delivery and in the presence of a representative of the entity performing the transport or forwarding. In the event of any damage to the parcel, it is also recommended that the Customer draw up an appropriate protocol and immediately contact the Seller.

7. Withdrawal from the contract

1. A customer who has concluded a distance contract via the Online Store may withdraw from it within 14 days without giving any reason.
2. The right to withdraw from the contract is not entitled to the Consumer in the cases referred to in art. 38 of the Act of May 30, 2014 on consumer rights.
3. The period for withdrawal from the contract begins on the day on which the Customer took possession of the Product or on which a third party indicated by him, other than the carrier, came into possession of the Product. To meet the deadline for withdrawing from the contract, it is enough to send a statement of withdrawal from the contract before the deadline for withdrawing from the contract.
4. The customer may exercise the right to withdraw from the contract of sale by sending a completed and signed statement of withdrawal from the contract to the following address: Gaming Supplements Sp. z o. o., Nowy Świat 33 lok.13, 00-029 Warsaw or by e-mail to the following address: shop@gaminate.pro.
5. When exercising the right to withdraw from the sales contract, the Customer may use the declaration of withdrawal from the contract available on the Online Store website, which was also sent to the Customer as an attachment along with information about the acceptance of the Order, but it is not obligatory.
6. In the event of withdrawal from the contract, the contract is considered void.
7. In the event of withdrawal from the contract, the Customer is obliged to return the purchased Product immediately, but not later than within 14 days from the date of withdrawal. To meet the deadline, it is enough to send the returned Product within 14 days to the following address: Flexible Logistics Services Sp. Z oo, Pass 20K, Building no. 9, 05-870 Blonie, Poland.
8. The costs of returning (sending back) the Product are borne by the Customer.
9. The Seller shall immediately, no later than within 14 days of receiving the Customer’s declaration of withdrawal from the contract, return to the Customer all payments made by him, including the costs of delivering the item, except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method offered by the Seller.
10. The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer indicated a different method of return in the declaration of withdrawal, which does not involve any costs for him.
11. The Seller may withhold the reimbursement of payments received from the Customer until the Product is returned or the Customer provides proof of its return, depending on which event occurs first.

8. Warranty for defects

1. The Seller is liable for physical or legal defects of the Products, on the terms set out in art. 556 and subsequent of the Civil Code.
2. The complaint may be submitted by the Customer who is a Consumer in writing to the following address: Gaming Supplements Sp. z o. o., Nowy Świat 33 lok.13, 00-029 Warsaw or by e-mail to the following address: shop@gaminate.pro.
3. When submitting a complaint, the Customer may use the complaint form template available on the Online Store website, but it is not obligatory.
4. In the case of submitting a complaint without using the complaint form template, it is recommended to include in the complaint at least:
   • name, surname, company, tax identification number, correspondence address and contact details;
   • information on the date of the contract with confirmation of its conclusion;
   • information and circumstances regarding the subject of the complaint, in particular the type and date of the defect;
   • a request regarding the method of examining the complaint.
5. The Seller will respond to the Customer’s complaint immediately, no later than within 14 days from the date of its submission. Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint justified.
6. If the complaint is not accepted, the Customer will also be informed whether or not the Seller agrees to out-of-court resolution of the dispute. In the event of consent, the Seller will indicate to the Customer the entity competent for the out-of-court resolution of the dispute.

9. Protection of Personal Data

Detailed information on the processing of Customers’ personal data is specified in the “Privacy Policy”, available at: https://gaminate.pro/privacy-policy/, which is an integral part of these Regulations.

10. Provision of services by electronic means

1. The Seller provides the following Electronic Services via the Online Store:

• setting up and running a Customer Account in the Online Store;
• making it possible to place an Order and conclude a Sales Agreement;
• enabling the use of the Cart;
• Newsletter;
• sharing data and materials in the Online Store, including, in particular, information about the Products;
• enabling the sending of messages via the contact form available as part of the Online Store.

2. Technical requirements necessary for cooperation with the ICT system through which the Seller provides Electronic Services:

• a PC-class computer or other device enabling the use of the Store;
• Internet access;
• access to electronic mail;
• appropriate software in the form of a web browser.

3. The Customer is forbidden to provide illegal content.
4. The contract for the provision of electronic services is concluded when the Customer sets up a Customer Account, when he subscribes to the Newsletter service, as well as when he starts using a given functionality of the Online Store enabling the use of a specific electronic service.
5. The contract for the provision of electronic services consisting in setting up and maintaining a Customer Account in the Online Store, as well as consisting in the provision of the Newsletter service, shall be concluded for an indefinite period. In the scope of other electronic services provided through the Online Store, the contract for the provision of these services is concluded for a definite period of time and is terminated when and by the Customer ceases to use a given electronic service and without the need to submit additional statements.
6. The buyer may at any time and without giving any reason terminate the contract referred to in paragraph 4 and 5 by sending a relevant statement via e-mail to the following address: shop@gaminate.pro or in writing to the following address: Gaming Supplements Sp. z o. o., Nowy Świat 33 lok.13, 00-029 Warsaw.
7. The customer may submit a complaint regarding the services provided electronically by the Seller via e-mail to the following address: shop@gaminate.pro or in writing to the following address: Gaming Supplements Sp. z o. o., Nowy Świat 33 lok.13, 00-029 Warsaw.
8. The Seller will consider the complaint regarding the services provided electronically within no more than 30 days from the date of its receipt, informing the Buyer immediately about its results.

11. Opinions in the online store

1. The Online Store customer has the option to voluntarily and free of charge issue an opinion on purchases made in the Online Store. The subject of the opinion may also be an assessment, photo or review of the purchased product in the Online Store.
2. After purchases in the Online Store, the Seller sends an email to the Customer asking for an opinion and a link to the online form that allows it to be issued – the online form allows you to answer the Seller’s questions about purchases, evaluate them, add your own description of the opinion and a photo of the purchased product . If no opinion is issued after receiving the first e-mail, the Seller repeats the sending of the message after seven days from sending the first message.
3. The opinion may only be issued by the Customer who made purchases in the Seller’s Online Store.
4. The opinions issued by the Customer are published by the Seller in the Online Store and are available to all visitors of the Online Store.
5. The issuing of the opinion may not be used by the Customer for unlawful activities, in particular for activities constituting an act of unfair competition against the Seller, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties.
6. The opinion may only be issued for actually purchased products in the Seller’s Online Store. It is forbidden to conclude fictitious / sham sales contracts in order to issue an opinion. The Seller or its employees cannot be the author of the opinion, regardless of the basis of employment.
7. The issued opinion may be removed by its author at any time.

12. Final provisions

1. Customers can access these Regulations at any time via the link on the Online Store website. The Regulations may be recorded, acquired and reproduced by printing them or saving them on an appropriate data carrier.
2. The provisions of these Regulations are not intended to exclude or limit any rights of Consumers granted to them under mandatory provisions of law, including in particular the Act of 30 May 2014 on consumer rights. In the event of a possible, unintentional non-compliance of the Regulations with the above provisions, these provisions shall prevail and they are applied by the Seller.
3. If any of the provisions of these Regulations is found to be illegal, invalid or otherwise unenforceable to the extent provided for by law, it is excluded in this respect. The Regulations remain in force in the remaining scope.
4. The Seller may change the provisions of the Regulations after informing the Customers by publishing a uniform text of the Regulations on the Online Store website. Amendments to the Regulations or the new content of the Regulations shall enter into force after 14 days from the date of placing the new content of the Regulations on the Online Store website.
5. Orders placed during the previous version of the Regulations will be implemented in accordance with its provisions.
6. All graphic elements of the Online Store, technical solutions used in it, elements of content, as well as the manner in which graphic elements and content are presented (layout), as well as software, databases and other materials placed within the Online Store are subject to the Seller’s copyright are protected in accordance with the provisions of the Act of February 4, 1994 on copyright and related rights.
7. In order to use the Online Store, the Seller grants the Customers a non-exclusive, non-transferable, non-transferable License to use the Online Store, granted for the duration of the use of the Online Store. As part of the License granted, the User is entitled only to the temporary reproduction of the Online Store by displaying it in the web browser, as well as saving temporary files in order to use the available functionalities in a manner consistent with these Regulations.
8. These Regulations are subject to Polish law and are subject to the jurisdiction of Polish courts.