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1.1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code") by the company GAPI Spółka z ograniczoną odpowiedzialnością, NIP (Tax ID): PL7011068399, REGON: 520952732, with its registered office: ul. Hoża 86/410, 00-682 Warszawa, Poland, contact details: [email protected] (hereinafter also referred to as "We", "company" or "Seller").
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1.2. Address for sending complaints and returns: GAPI Sp. z o.o., ul. Hoża 86/410, 00-682 Warszawa, Poland.
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1.3. These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside of their business activity as a consumer, or within their business activity (hereinafter also referred to as "You" or "buyer") through the web interface located on the website available at the internet address table4u.cz (hereinafter also referred to as the "E-shop").
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1.4 The provisions of these terms and conditions are an integral part of the purchase contract, as are the Personal Data Protection Conditions and other referenced documents. Deviating arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
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1.5 These terms and conditions and the purchase contract are concluded in English.
2. USER ACCOUNT
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2.1. Based on the buyer's registration on the website, the buyer can access their user interface (hereinafter also referred to as "user account"). From this interface, the buyer can make purchases. If the web interface of the store allows it, the buyer can also make purchases without registration directly from the web interface of the store.
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2.2. When registering on the website and when purchasing goods, the buyer is obliged to provide all their data correctly and truthfully. The buyer must update the data in the user account in case of any change. The data provided by the buyer in the user account and when purchasing goods are considered correct and current by the seller.
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2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account. In case of breach of this obligation, the seller is not responsible for any misuse of the user account by third parties.
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2.4. The buyer is not authorized to allow third parties to use the user account. The buyer will immediately inform the seller if they discover that the information necessary to access the user account could be stolen.
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2.5. The management and processing of the buyer's personal data provided during registration and/or during the purchase of goods are governed by the Personal Data Protection Conditions.
3. PRICE OF GOODS AND PAYMENT TERMS
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3.1. The prices of goods are listed on the web interface of the store including value added tax and all related fees. The prices of goods remain valid for as long as they are displayed on the web interface of the store. The prices of goods are not adjusted to the person of the buyer based on automated decision-making.
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3.2. The buyer can pay the price of the goods and any costs associated with the delivery and packaging of the goods according to the purchase contract to the seller by the methods listed here.
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3.3. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days of the conclusion of the purchase contract.
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3.4. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the corresponding amount is credited to the seller's account. In case of non-entry or incorrect entry of the variable symbol of the payment, the payment may not be identified and the Order may be considered unpaid.
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3.5. The seller is a VAT payer. The seller will issue a tax document – invoice to the buyer after payment of the price of the goods and send it in electronic form to the buyer's e-mail.
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3.6. The terms of advertising campaigns are governed by the specific terms of the relevant marketing action.
4. CONCLUSION OF THE CONTRACT
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4.1. The purchase contract with Us (hereinafter also referred to as the "Contract") can be concluded in English.
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4.2. The Contract is concluded remotely via the E-shop, while you bear the costs of using remote communication means. However, these costs do not differ in any way from the basic rate you pay for using these means (i.e., especially for internet access), so you should not expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree that we use remote communication means.
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4.3. In order to conclude the Contract, you need to create an Order on the E-shop. This proposal must contain the following information:
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4.3.1. Information about the goods being purchased (on the E-shop, you indicate the goods you are interested in purchasing (hereinafter also referred to as "Goods") by clicking the "Add to cart" button);
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4.3.2. Information about the price of the Goods, shipping costs, method of payment of the total price (price of Goods and shipping costs; hereinafter also referred to as "Total Price") and the desired method of delivery of the Goods; this information will be entered during the creation of the Order within the user environment of the E-shop, and information about the Price, Shipping costs and Total Price will be automatically displayed based on your selected Goods, delivery method and payment;
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4.3.3. Your identification and contact details serving to enable us to deliver the Goods, i.e., especially name, surname, delivery address, phone number and e-mail address.
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4.4. During the creation of the Order, you have the option to modify and verify the data until its finalization. After checking and pressing the "Order with payment obligation" button, you will complete the Order. Before pressing the button, it is necessary to confirm your familiarization and agreement with these Terms; otherwise, the Order cannot be completed. A checkbox is provided for this purpose. After pressing the "Order with payment obligation" button, all entered information will be sent directly to Us.
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4.5. We will confirm your Order as soon as possible after we receive it, by means of a message sent to your e-mail address provided in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the e-mail message. The Terms valid on the day of the Order, i.e., those listed as an e-mail attachment, form an integral part of the Contract. The conclusion of the Contract between Us and You occurs upon confirmation of the Order.
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4.6. There are situations where we will not be able to confirm your Order. This may occur, for example, if the Goods are unavailable or if you order more items than allowed. We will always provide information on the maximum quantity of Goods in advance within the E-shop. If the Order is not confirmed for any reason, we will contact you and offer you a modified Contract. The Contract will be concluded upon confirmation of our offer.
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4.7. By concluding the Contract, you undertake to pay the Total Price of the Goods.
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4.8. If you have a User Account, you can place an Order through it. Nevertheless, you must check the correctness of the pre-filled data in the Order. The method of creating the Order is the same as for a buyer without a User Account, but it is not necessary to repeatedly enter identification data.
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4.9. Sometimes we offer the option of a discount when purchasing Goods. To receive a discount, fill in the data in the predetermined field during the creation of the Order. If you do so, you will be entitled to the Goods at a discount.
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4.10. By registering within the E-shop, you have access to your User Account.
5. PAYMENT TERMS AND DELIVERY OF GOODS
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5.1. The seller allows payment for the order in the following way:
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5.1.1. via electronic payments PayU,
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5.1.2. cash on delivery: When paying by cash on delivery, the carrier pays the full price of the order upon receipt of the shipment.
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5.2. The choice of delivery method is made during the ordering of goods (Courier – Zadbano).
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5.3. The costs of delivery of goods depending on the method of dispatch and receipt of goods are indicated in the buyer's order and in the order confirmation by the seller. In the event that the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
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5.4. The seller may offer free delivery of goods within the territory of the Czech Republic.
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5.5. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different method of delivery.
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5.6. Orders for products available in stock will be dispatched within 10 working days. .
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5.7. For pre-order products, the delivery time is up to 120 working days. The current dispatch time can be checked when creating an order on the store's website.
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5.8. The completion time of the entire order is governed by the longest delivery time of the products in the cart. Therefore, if one product has a delivery time of up to 10 working days and another up to 120 working days, the entire order will be delivered within 120 working days. We do not split orders – i.e., we do not send available products separately and pre-order products separately. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the goods packaging and, in case of any defects, immediately notify the carrier. In case of finding a breach of the packaging indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.
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5.9. Goods in transit are properly insured for the stated value.
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5.10. Responsibility for accidental destruction, damage or loss of goods passes to the buyer at the moment of receipt of the goods.
6. WITHDRAWAL FROM THE CONTRACT
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6.1. In accordance with Section 1829 (1) of the Civil Code, consumers have the right to withdraw from the contract within 14 days of receipt of the goods. The seller, caring for the comfort of consumers, decided to extend this period in the Store to 30 days. The consumer thus has the right to return the goods without giving a reason and without any penalty.
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6.2. If the buyer - consumer decides to exercise this right, it is sufficient to send the withdrawal from the contract to the seller before the expiry of the relevant period - GAPI Sp. z o.o., ul. Hoża 86/410, 00-682 Warszawa, Poland.
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6.3. Furthermore, the buyer - consumer is obliged to return the goods received under the contract to the seller within 14 days of withdrawal from the contract, in undamaged condition, complete (including accessories, warranty card, manual, etc.).
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6.4. The buyer may also withdraw from the contract before the dispatch of the goods - by e-mail to [email protected]. The consumer may use the sample form provided in these Business Terms for withdrawal.
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6.5. In case of withdrawal from the contract, the buyer - consumer shall bear the costs associated with the return of the goods in accordance with the provisions of Section 1820 (1) (g).
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6.6. If the consumer withdraws from the contract, the seller shall return the payments to him without undue delay, no later than 14 days from the date on which the notification of withdrawal from the contract was received by him.
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6.7. For the return of payments, the seller will use the same payment method that the consumer used for the initial transaction, unless the consumer has expressly stated otherwise and no additional costs are incurred by the seller. However, the seller will return the payment only after receiving the returned goods or if the consumer proves that he has sent the goods back, whichever comes first.
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6.8. The buyer is liable to the seller only for the reduction in the value of the goods that occurred as a result of handling these goods other than what is necessary to familiarize himself with the nature, properties and functionality of the goods.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
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7.1. We guarantee that at the time of transfer of the risk of damage to the Goods according to Article 7 of these Terms and Conditions, the Goods are free from defects, in particular, that the Goods:
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7.1.1. correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties;
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7.1.2. are suitable for the purpose for which you require them and with which we agree;
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7.1.3. are supplied with agreed accessories and instructions for use, including assembly or installation instructions;
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7.1.4. are suitable for the purpose for which goods of this kind are usually used;
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7.1.5. in quantity, quality and other properties, including durability, functionality, compatibility and safety, correspond to the usual properties of goods of the same kind that you can reasonably expect, also taking into account public statements made by us or another person in the same contractual chain, especially advertising or labeling;
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7.1.6. are supplied with accessories, including packaging, assembly instructions and other instructions for use, which you can reasonably expect; and
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7.1.7. correspond in quality or design to the sample or template provided to you before the conclusion of the contract.
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7.2. Rights and obligations regarding rights from defective performance are governed by relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
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7.3. In the event that the Goods have a defect, i.e., especially if any of the conditions under Article 7.1 are not met, you may notify Us of such a defect and exercise your rights from defective performance (i.e., complain about the Goods) by sending an e-mail or letter to Our addresses stated in Our identification data. You may also use the sample form provided by Us for complaints. We will handle the complaint in accordance with your exercised right from defective performance.
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7.4. If the Goods have a defect, you have the following rights:
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7.4.1. to have the defect removed by delivery of new Goods without defects, or by delivery of missing parts of the Goods; or
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7.4.2. to have the defect removed by repair of the Goods
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7.5. unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method, which will be assessed especially with regard to the significance of the defect, the value that the Goods would have without the defect, and whether the defect can be removed by the other method without significant difficulties for you.
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7.6. We are entitled to refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the significance of the defect and the value that the Goods would have without the defect.
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7.7. Furthermore, you have the right to:
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7.7.1. a reasonable discount from the Price; or
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7.7.2. withdrawal from the Contract,
if:
- we refuse to remove the defect or do not remove it in accordance with legal regulations;
- the defect occurs repeatedly,
- the defect is a substantial breach of the Contract; or
- it is apparent from our statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for You.
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7.8. The right to withdraw from the Contract does not apply if the defect of the Goods is insignificant.
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7.9. In the event that you caused the defect in the Goods yourself, you are not entitled to rights from defective performance.
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7.10. A defect in the Goods is not wear and tear caused by its usual use or, in the case of used Goods, wear and tear corresponding to the extent of its previous use.
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7.11. When making a complaint, we will issue you a written confirmation, which will state:
- the date you made the complaint;
- the content of the complaint;
- the method of handling the complaint you require;
- your contact details for the purpose of providing information on the handling of the complaint.
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7.12. Unless we agree on a longer period, we will remove the defects within 30 days of receiving the complaint and provide you with information on the handling of the complaint to the stated contact details. If this period expires fruitlessly, you may withdraw from the Contract or demand a reasonable discount.
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7.13 We will inform you about the handling of the complaint by e-mail and issue you a confirmation of the date and method of handling the complaint. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You are obliged to prove these costs, e.g., with receipts or confirmations of transport costs. In the event that the defect has been removed by delivery of new Goods, it is your obligation to return the original Goods to Us, however, We will bear the costs of this return.
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7.14 If you are entrepreneurs, it is your obligation to notify and claim the defect without undue delay after you could have discovered it, but no later than three days after taking over the Goods.
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7.15 If you are a consumer, you have the right to claim rights from defective performance for a defect that occurs in consumer Goods within 24 months of taking over the Goods.
8. RESOLUTION OF CONSUMER DISPUTES
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8.1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826 (1) (e) of the Civil Code.
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8.2. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Identification No.: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Contract.
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8.3. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
9. USER CONTENT
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9.1. You must not publish content that constitutes illegal content within the meaning of Regulation (EU) 2022/2065 on a single market for digital services and amending Directive 2000/31/EC (Digital Services Act) or is otherwise illegal.
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9.2 We check the content and compliance with the rules regarding user content and may remove the illegal content in question. The user has the right to appeal against the decision to remove content.
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9.3. Illegal content, as well as relevant violations of rules regarding user content, can be reported, for example, by e-mail to [email protected].
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9.4. In the case of presenting consumer reviews, the seller verifies reviews of services and goods and has implemented appropriate solutions to assess their authenticity. The seller uses tools for publishing customer reviews provided by Fabryka e-biznesu spółka z ograniczoną odpowiedzialnością with its registered office in Rzeszów, address: ul. Trembeckiego 11A, 35-234 Rzeszów, entered in the business register of the National Court Register through the District Court in Rzeszów, with KRS number: 0000313751, NIP: 8133563947, REGON: 180361630, with a share capital of PLN 180,000.00. Detailed information on the review publishing tool can be found at: https://spolehliverecenze.cz/podminky-sluzby.
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9.5. We publish all reviews (both positive and negative) and do not interfere with their content, we do not offer any additional benefits associated with publishing a review or its withdrawal.
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9.6. For the reasons stated above, we can ensure that the reviews available on the store's website are verified and authentic and reflect actual shopping experiences.
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9.7. Reviews of the store may be published on the websites of other entities. In the case of such reviews, the rules established by these entities apply for assessing the credibility and authenticity of the reviews. For our part, the store makes every effort to ensure that reviews of the store are always credible and authentic.
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9.8. The online store undertakes to protect the customer's personal data in accordance with applicable legal regulations and personal data protection principles.
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9.9. The customer has the right to access their data, to correct it, to request its deletion or restriction of processing, and to object to the processing of their data.
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9.10. Reviews displayed in the store come from customers who made purchases in the table4u.cz online store and in partner stores (table4u.pl, woodive.store), operated by the Seller or PROFORTI sp. z o.o. with its registered office in Poznań, ul. Adm. Józefa Unruga 46, 60-480 Poznań, entered in the business register maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, under number: 0000836835, NIP: 7831814973.
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9.11. Reviews are collected from the above-mentioned stores because they all offer the same assortment and the products come from the same manufacturer. Reviews from foreign versions of the stores are automatically translated.
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9.12. The displayed reviews from other stores refer exclusively to specific products, not to the order processing or services of the Seller.
10. PROVISIONS CONCERNING BUSINESSES
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10.1. This section applies only to entrepreneurs. The provisions of this section do not apply to individual customers.
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10.2. The seller has the right to withdraw from the purchase contract within 14 days of its conclusion. Withdrawal from the contract in this case can take place without giving a reason and does not result in any claims of the seller against the customer.
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10.3. The seller has the right to limit the available payment methods, including requiring full or partial payment in advance, regardless of the payment method chosen by the customer and the conclusion of the purchase contract.
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10.4. The seller may terminate the contract for the provision of electronic services immediately without giving a reason by sending a corresponding statement to the customer.
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10.5. Our liability, regardless of the legal basis, is limited to the amount of the price paid and the costs of delivery under the purchase contract. The seller is only liable for typical, foreseeable damages at the time of concluding the contract and is not liable for lost profit or delayed delivery.
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10.6. All disputes between the seller and the customer are subject to the competent court according to the seller's registered office.
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10.7. The seller's liability for the product warranty or non-conformity of the product with the purchase contract is excluded to the extent permitted by law.
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10.8. The seller will assess the complaint within 30 days of its receipt.
11. FINAL PROVISIONS
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11.1. All arrangements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations
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11.2. The seller may change or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the period of validity of the previous wording of the terms and conditions.
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11.3. An annex to the terms and conditions is a sample complaint form and a sample withdrawal from contract form.
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11.4. If any provision of the terms and conditions is or becomes invalid or ineffective, invalid provisions shall be replaced by provisions whose meaning most closely approximates the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
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11.5. The content of the seller's online store is subject to industrial property rights protection according to applicable legislation.
SAMPLE COMPLAINT FORM
Addressee:
GAPI Sp. z o.o.
ul. Hoża 86/410
00-682 Warszawa
Poland
Complaint Submission
Date of conclusion of the Contract:
Name and surname:
Address:
E-mail address:
Goods being complained about:
Description of defects in the Goods:
Proposed method for handling the complaint:
At the same time, I request the issuance of a confirmation of the complaint submission stating when I exercised this right, what the content of the complaint is, what method of handling the complaint I require, along with my contact details for the purpose of providing information on the handling of the complaint.
Date:
Signature:
SAMPLE WITHDRAWAL FROM CONTRACT FORM
Addressee:
GAPI Sp. z o.o.
ul. Hoża 86/410
00-682 Warszawa
Poland
I hereby declare that I withdraw from the Contract:
Date of conclusion of the Contract:
Name and surname:
Address:
E-mail address:
Specification of the Goods to which the Contract relates:
Method for returning the received funds, or stating the bank account number:
Date:
Signature: