Terms & Conditions of Rendering Electronic Services by BuyGla.com
1. Terms & Conditions is this Terms & Conditions of rendering Services by electronic means within an area of the BuyGla.com Internet domain, which determines the conditions of rendering the Services by the Seller through www.BuyGla.com web site to the benefit of the Customers.
2. Customer is an entity that concludes the Contract on rendering the Service with the Seller, under a condition of having full capacity to perform acts in law, or limited capacity to perform acts in law in cases regulated by the generally applicable law provisions or being a legal person or an organizational unit.
3. Consumer is the Customer, which is a natural person and concludes a Contract not related directly to the economic or professional activity conducted by him/her.
4. Seller is WML sp. z o.o., Flisacza 47 street, 74-100 Gryfino, Poland registered in the Central Registration and Information on Economic Activity (CEIDG), Tax Identification Number (NIP): 8581872012 and National Business Registry Number (REGON): 38500439900000, which is the service provider, administrator and owner of the Shop.
5. Shop is the on-line shop conducted by the Seller in English through the web site World Wide Web) available in the Internet under the URL address: www.BuyGla.com. The Shop renders the Services to the benefit of the Customers, in that selling.
6. Service is the service rendered by the Seller to the benefit of the Customer, on the basis of the Contract concluded between the parties through the Shop, within a frame of the organised system of concluding distance contracts, without physical presence of both parties.
7. Basket is a functionality of the Shop, which enables to completing the orders of the products by the Customer. Adding a Product to a list of Products covered by the order takes place by using a “Add to the Basket” button, which is next to the Product in the area of the Shop web site.
8. Sales is a Service consisting in selling the Products realised by the Seller to the benefit of the Customer without simultaneous presence of the parties (at a distance), by transferring data to the individual request of the Customer, submitted and received by means of the devices for electronic processing, including a digital processing, and storing data, which is in its whole provided, received or transmitted by means of the ICT network.
9. Contract is the contract on rendering the Service to the benefit of the Customer by the Seller.
10. Seller’s Contact Data is the data of the Seller, using which the Customer can contact with it, i.e. WML sp. z o.o., Wisniowa 2, 72-010 Police, Poland, address e-mail: firstname.lastname@example.org.
11. Customer’s Contact Data is the data of the Customer, using which the Seller can contact with the Customer, including address, e-mail address and phone number.
12. Customer’s account is a panel that manages the orders, available in the Shop area, under a condition of providing a Registration and Signing in.
13. Registration is a creation of the Customer’s Account by the Customer, using a registration form of the Shop, which is available on its web site.
14. Product is a good presented in the area of the Shop by the Seller in order to Sell it.
15. Delivering consists in delivering the products to the Customer to a destination specified by the Customer, with an intermediary of the Carrier.
16. Carrier is an entity, which is the carrier that realises the activities consisting in Delivering the Products in a cooperation with the Seller.
17. External Payment System is a system of on-line payments, used by the Service Provider.
18. Working Days are the days from Monday until Friday, excluding official days off.
§1 General Contractual Provisions
1. The Seller on the basis of Art. 8 section 1 point 1 of the Act of 18th July 2002 on providing services by electronic means establishes the Terms & Conditions, which is made available under the Shop URL address, worded as follows: www.BuyGla.com/terms.
2. The Seller renders the Services pursuant to the Terms & Conditions and generally applicable law provisions.
3. The Seller makes available these Terms & Conditions on the Shop web site.
4. The Customers can at any time get an access to the Terms & Conditions, record, obtain and reproduce by printing or saving it on the data storage medium.
5. The information given on the Shop web site does not constitute an offer of the Seller in the meaning of the provisions of the Civil Code, and only an invitation to make offers in respect of concluding the Sales Contract.
6. Rendering all Services is provided with an intermediary of the Shop web site within 24/7.
1. In order to use the Shop, it is necessary for the Customer to have at the disposal an ICT device with an access to the Internet, a correctly configured web browser in the latest upgraded or previous version: Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, Safari, or Opera, as well as an active and correctly configured e-mail account.
2. Using the Shop take place by reading its content.
3. Managing the Customer’s orders takes place through the Customer’s Account. Using the Customer’s Account is possible after its creation, entering a proper login and password. In order to use the Customer’s Account it is required to sign in while using the password.
4. The creation of the Customer’s Account takes place by a voluntary Registration, which consists in fulfilling and sending the registration form of the Seller, that is available in the area of the Shop web site.
5. Filling in of the registration form consists in completing all mandatory or possibly optional fields of the form, while using the true, complete, and related to the Customer, and in particular the Customer’s Contact Data.
6. Prior to submitting the registration form, by ticking its proper field, the Customer should declare that he/she has read and understood the Terms & Conditions, and accepts its provisions.
7. Submitting the registration form consist in its sending to the Seller with an intermediary of the Shop, while using its proper functionality that can be found within the registration form.
§3 Rendering Free-of-Charge Services
1. The Seller renders the following free-of-charge Services to the benefit of the Customers:
1. making available a contact form,
2. making available an order form,
3. maintaining the Customer’s Account,
5. downloading a file with a prescription,
6. information about an order.
2. The Contract on rendering the Service of making available the contact form is concluded for a definite period of time upon beginning to use the contact form and is dissolved upon using it or omitting to perform this act by the Customer. A subject of this Contract is making available the contact form, which is on the Shop web site, in order to submit a message to the Seller.
3. The Contract on rendering the Service of making available the order form is concluded for a definite period of time upon beginning to use the order form and is dissolved upon using it or omitting to file it by the Customer. A subject of this Contract is making available the order form, which is on the Shop web site, in order to submit the order to the Seller.
4. The Contract on rendering the Service of maintaining the Customer’s Account is concluded for a definite period of time upon a Registration of the Customer’s Account. A subject of this Contract is making available a panel for managing the Customer’s orders.
5. The Contract on rendering the Newsletter Service is concluded for a definite period of time upon receiving by the Customer a confirmation of concluding the Contract on rendering the Newsletter Service by the Seller at the Customer’s e-mail address. The order of the Service takes place by using by the Customer a proper field of the Newsletter activation in the registration form or in the other form made available by the Seller on the Shop web site. A subject of this Contract is the service rendered by the Seller to the benefit of the Customer, which consists in submitting messages that contain information related to the Products or Services rendered by the Seller to the Customer’s e-mail address. This Contract is dissolved upon cancelling a subscription by the Customer using a deactivation link placed in the area of the Newsletter message.
6. The Contract on rendering the Service that consists in downloading a file with a prescription is concluded for a definite period of time upon beginning a usage of a functionality available during making available the order form and is dissolved upon using it or omitting to use it by the Customer. A subject of this Contract is allowing the Customer for downloading a file, which contains a prescription in order to file the order.
7. The Contract on rendering the Service of providing information on the order for a definite period time upon beginning a usage of a form with information about an order available in the “Orders and Returns” and is dissolved upon using it or omitting to use it by the Customer. A subject of this Contract is making available a search engine for the order status in order to check up the details of a realisation of the order placed by the Customer.
8. The Contract on rendering the free-of-charge Service can be dissolved by the Customer or the Seller without giving any reason and at any time, while using the functionalities included in the Terms & Conditions or by the e-mail message, submitted at the e-mail address listed in the Seller’s Contact Data or Customer’s Contact Data.
1. The Orders for the Products can be placed with an intermediary of the Shop web site within 7 days per week and 24 hours day and night, using the Basket function. After completing an order list of the Products, the Customers proceeds to a realisation of the order in the Basket area by means of the “Go to the cash desk” or after expanding the Basket area, using the “Order” button.
2. In case, when the Customer is signed in as the owner of the Customer’s Account, he/she goes on to the next stage of placing the order as the signed in Customer.
3. After going on the order form, the Customer provides:
1. information about a delivery, which include Delivery address,
2. setting information in order to issue an invoice,
3. manner of Delivering the Products, by a choice of a proper option of Delivery,
4. payment method, by a choice of a proper payment option.
4. In case, when the Customer is not a signed in owner of the Customer’s Account, he/she chooses a manner of placing the order in the order form in the following way:
1. A choice of the ”Login” option, while using the possessed Customer’s Account. Then the Customer goes to the next stage of placing the orders.
2. Ticking the „Create Account” option, while using the possessed Customer’s Account. Then the Customer provides a Registration of the Customer’s Account and using it goes on to the next stage of placing the order.
5. Placing the order is preceded by displaying within the order form, information about a total price amount for the concerned order together with the taxes and derivative amounts due, in particular the costs of the Delivery and payment.
6. Placing the order can take place by using the “Purchase and Pay” field in the Basket and it is tantamount with filing an offer to conclude the Sales Contract related to the Products included in the order by the Customer to the Seller.
7. Prior to submitting the order form, by ticking its proper field, the Customer should declare that he has read the Terms & Conditions and accepts their provisions.
8. The placed order can be changed by the Customer until receiving information about shipping a consignment by the Seller.
9. The change of the order can include its extension with the additional Products, a change of the Delivery address.
10. The placed order can be cancelled by the Customer within 2 hours from a moment of its placing.
11. The Seller shall immediately inform the Customer about impossibility to realise the order, in case of any circumstances from which it results. This information is provided via phone or electronic means, while sung the Customer’s Contact Data. This information may include the following manners of modification the order:
1. cancelling it in the part impossible to be realised, what results in recalculating a value of the order,
2. making a division of the Products to be supplied for a part, which Delivery is possible and a part, which Delivery shall take place in the further deadline, what does not result in recalculating a value of the order,
3. cancelling the order as the whole, what results in a relief of the value of the order.
12. Confirmation of a receipt of the order is provided through submitting an e-mail message at the electronic address specified in the Customer’s Contact Data by the Seller. A confirmation of an acceptance of the order is tantamount with accepting an offer to conclude the Sales Contract filed by the Customer by the Seller.
1. The Seller provides to the benefit of the Customers a Service consisting in the Sales of the Products, through the Shop.
2. A subject of the Sales Contract includes a Seller’s obligation to transfer to the Customer an ownership of the Products and to release them, and a Customer’s obligation to collect the Products and pay an amount of the Price for the Products to the Seller.
3. The Seller reserves a right to run the advertising campaigns, which consists in reducing a price for the Product to a specified deadline or until stocks of the promotional Products run out.
4. While concluding the Sales Contract, the Seller undertakes to Deliver the Products free from defects to the Customer.
5. The Sales Contract is concluded upon confirming an acceptance of the Customer’s order by the Seller.
6. Releasing of the Products is provided immediately and usually within 5-20 Working Days.
7. The Customer is informed about a deadline of releasing in the individual Product cards, with an intermediary of the Shop web site.
8. In special cases it is possible to extend the deadline of releasing the Products up to 28 Working Days. The Seller informs about it the Customer by electronic means using an e-mail address specified in the Customer’s Contact Data.
9. The products releasing time can be a subject of change in case of changing the order by the Customer.
10. Releasing the Products is executed with an intermediary of the Carrier, at the address specified by the Customer.
11. Releasing the Products takes place not earlier than after making a payment by the Customer.
12. The Seller confirms releasing the products to the Carrier in order to Deliver them at the address specified by the Customer while placing the order, by submitting an e-mail message at the Customer’s e-mail address.
13. A risk of accidental loss or damage of the goods is transferred to the Consumer upon its releasing to the Customer.
14. The delivered consignment should be examined by the Customer when the Carrier is present. In case of determining aby damages to the consignment The Customer has a right to request drawing up an appropriate report.
1. A value of payment due to the Sales is established on the basis of the Product pricelist, which is on the Seller web site upon ordering the Product. The Prices presented on the Shop web site next to the concerned Product are gross process expressed in EUR and they include a value of VAT, but they do not include any costs of a Delivery of the Product and a chosen method of payment.
2. The costs of the transaction and the Delivery of the Product are borne by the Customer.
3. A total amount of the order, visible in the Basket area prior to placing the order and after making a choice with regard to the Delivery of the Product and a payment, includes a price for the ordered Products together with the tax receivables and all derivative costs, in particular costs of the Delivery and a transaction. The total price of the order is binding for the Seller and the Customer.
4. The Shop enables the following methods of payment due to the rendered Sales Services:
1. by a transfer to the Shop bank account,
2. by a transfer using the External Payment System,
3. by a payment card using the External Payment System,
5. A payment deadline related to the receivables falls upon a moment of placing the order.
6. In case of a choice of the payment by transfer to the Shop bank account and a failure to make a payment within 7 days the order is cancelled.
7. A bill or VAT invoice related to the Sales Service are attached to the Products, which are a subject of releasing or submitted by e-mail at the Customer’s e-mail, at the Customer’s discretion.
8. The Customer agrees to receive the electronic invoices.
9. A refund of the payments by the Seller is executed immediately, not later than within 14 days from a date of an occurrence of a cause, in case:
1. withdrawal from the Contract by the Consumer,
2. resignation by the Customer from the order or a part of the order payed prior to its realization,
3. acceptance a claim covered by a compliant report by the Seller in the whole or partially, on the basis of the generally applicable law provisions.
10. A refund of the payment is executed using the same method of payment, as it has been used by the Customer in the primary transaction unless he/she gives a consent to the other solution, which is not connected with charging him/her any costs.
11. The Seller is not obliged to refund the additional costs of the Delivery of the Products borne by the Customer, if the Customer has chosen the other manner of the Delivery of the Products than the cheapest ordinary manner of Delivering offered by the Seller.
§7 Complaints and warranties
1. The complaints can be lodged in the written form, by a traditional mail at the address specified the Seller’s Contact Data, using a form, which specimen constitutes an appendix to the Terms & Conditions, located in the Shop web site and available to download over here.
2. A compliant report should include a description of the problem and Customer’s identification data.
3. The Seller adjusts a compliant within 14 days from a day of its lodging. In a content of the filed compliant it is recommended to provide the Customer’s Contact Data, which will serve to give a response to the compliant and maintaining a correspondence connected with it.
4. In case, when the compliant is related to the Product, in order to adjust the compliant by the Seller, the Customer should Deliver or submit the product that is a subject of the compliant to the Seller’s address.
5. The compliant can be lodged due to a warranty for defects of the Products covered by the Sales Contract and the other Services.
6. If the Product has a defect, the Customer may request a replacement of the Product for the product free of defects or eliminating of a defect. The Seller is obliged to replace the defective Product for the Product free of defects or eliminate a defect in the reasonable time without excessive inconveniences for the Customer.
7. The Seller may reject providing a compensation related with the Customer’s request if leading the defective Product to a compliance with the Contract in a manner chosen by the Customer is impossible or in comparison with the second chosen manner of leading to a compliance with the Contract would require to bear the excessive costs.
8. If the Customer is not the Consumer, the Seller may reject to replace the Product free from defects or eliminating a defect also when the compensation costs related to this obligation exceed a price of the sold Product.
9. If the Product has a defect, the Customer may make a declaration about reducing the price or withdrawing from the Contract unless the Seller immediately and without any excessive inconveniences for the Customer replaces the defective Product or eliminates the defect. This limitation is not applied, when the Product has been already replaced or repaired by the Seller, or the Seller does not fulfil an obligation of replacing the Product free from defects or eliminating the defect. The Customer is not entitled to withdraw from the Contract, if the defect is minor.
10. The Consumer can, instead of the elimination of a defect proposed by the Seller, request a replacement of the Product free from defects, or instead of a replacement of the Product, request elimination of the defect unless leading the Product to a compliance with the Contract in a manner chosen by the Consumer is impossible or it would require bearing excessive costs in comparison with the manner proposed by the Seller. While making an assumption related to the excessive costs it is considered a value of the Product free from defects, type and importance of the determined defect, as well as are taken into account inconveniences, to which the Customer would be exposed by the other manner of providing a relief.
11. A reduced price determined in point 9 and 10 above, should be in such a proportion to the price resulting from the Contract, in which a value of the Product with a defect is to a value of the Product free from defect.
12. The Consumer has a possibility to use the following extrajudicial manners of admitting the complaints and claiming compensations:
1. filing a petition to settle a dispute resulting from the concluded Sales Contract to the permanent Consumer's Arbitration Court operating at the Commercial Inspection,
2. filing a petition to initiate mediation proceedings related to settle amicably a dispute between the Consumer, and the Seller to the Voivodship Inspector of Commercial Inspectorate,
3. using an assistance of the municipal and district consumer ombudsmen or a social organisation, which statutory tasks include protection of the consumers,
4. filing a claim through an European Commission Online Dispute Resolution platform (ODR platform), available at the address: http://ec.europa.eu/consumers/odr/.
13. The Products can be covered by the manufacturer or distributor warranty. In such a case, The Customer is entitled to lodging complaints related to the Product while using the entitlements resulting from the warranty, by lodging a complaint at the warrantor. Lodging a complaint to the warrantor can be executed through the Seller or directly to the warrantor.
14. The Customer can exercise his/her entitlements due to the statutory warranty for the physical defects of the goods regardless of the entitlements resulting from the warranty.
§8 Withdrawal from Contract
1. The Consumer may, without giving any reason, withdraw from the Contract on rendering the Service within 14 days, in that from the Sales Contract, subject to the standards specified in a content of the instruction related to a withdrawal from the Contract, which constitutes an appendix to the Terms & Conditions, published in the Shop web site and available to download over here.
2. The Consumer is not entitled to a right of withdrawal from the Contract, inter alia, with regard to the Sales Contract:
1. if the Seller has executed fully the service with an expressive consent of the Customer, who has been informed before initiating its rendering that after realising this Service by the Seller, he/she will lose his/her right to withdraw from the Contract,
2. in which a subject of the service is a non-prefabricated good, manufactured according to the specification of the Consumer or serving to fulfil his/her customised needs,
3. related to Product delivered in the sealed package, which after opening this package cannot be returned due to the health protection or hygienic considerations, if the package has been opened after its Delivery;
4. related to the Products that after their Delivery, due to their nature, become inseparably connected with the other goods;
3. The Consumer can withdraw from the Sales Contract, filing a declaration about withdrawing from the Contract to the Seller. The declaration can be filed using a form, which specimen constitutes an appendix to the Terms & Conditions, published in the area of the Shop web site and available to download over here.
4. In case of receiving by electronic means a declaration about a withdrawal from the Sales Contract by the Consumer, the Seller shall immediately submit a confirmation of its receiving to the Customer.
5. Immediately, however not later than within 14 days from a date, on which the Consumer has withdrawn from the Sales Contract, he/she is obliged to return the Product to the Seller or submit it to a person authorised by the Seller. In order to observe a deadline it is sufficient to send back the Product before its expiration. This provision is not applicable in case when the Seller has proposed to collect the Product by itself.
6. The Seller undertakes to collect the Product at its own cost, when due to its nature it is impossible to send back the Product by an ordinary manner by mail, and simultaneously the Product has been delivered to the Consumer to the place, in which he/she has resided at the moment when the Sales Contract has been concluded.
7. The Consumer is responsible and liable for reduction a value of the Product resulting from a usage by his/her in a manner exceeding a necessary one in order to determine a nature, properties and functioning of the Product.
8. In case of withdrawal from the Sales Contract, it is considered as non-concluded. If the Consumer had filed a declaration about a withdrawal from the Sales Contract before the Seller has accepted his offer, the offer ceases to be binding.
9. Information with regard to using a right to withdraw from the Contract is in the instruction about a withdrawal from the Contract, which constitutes an appendix to the Terms & Conditions, published in the area of the Shop web site and available to download over here.
§9 100% Satisfaction Programme
1. Within a frame of the programme, the Seller enables to return all the purchased products by the Customers within 15 Days from a moment of their delivery, if their needs have not been met.
2. The return of the Products within a frame of “100% satisfaction” programme is an additional entitlement, independent from a right of withdrawal from the Contract and it does not limit the above right in any way.
3. Taking part in the programme consists in submitting the products, which has not fulfilled the Customer’s expectations to the Seller to the address indicated in the Seller’s Contact Data, after a prior e-mail contact.
4. The Seller undertakes to return an amount of the Price, within 15 Working Days from receiving the Product, to the Customer, reduced by the costs of the customer service in the amount of:
§10 Supplementary provisions
1. Any and all trademarks, graphic elements and photos published on the Shop web site in order to present the Products are a subject of copyrights of their owners.
2. The Internet domain of the shop, its logotypes, name and Terms & Conditions are a subject of copyright and legal protection.
3. The Customer acknowledges that it is forbidden to deliver illegal content by the Customer.
4. The Seller undertakes to make duly efforts in order to enable a correct functioning of the Shop and to provide an assistance in solving technical problems connected with its operating.
5. The Seller undertakes to execute activities leading to a protection of data contained in the Customer’s Account against an authorised access and use. The Customer is responsible and liable for the consequences of disclosing his/her login or password to the third parties.
6. The Seller is not responsible and liable for:
1. breaks in the correct functioning of the Shop and improper performance of the Services, resulted from an act of force majeure, with regard to the Customers, who are not the Consumers,
2. breaks in the correct functioning of the Shop and improper performance of the Services to the benefit of the Customers, who are not the Consumers, resulted from the technical operations or a reason attributable to the entities with an aid of which the Shop renders the Services,
3. gains lost by the Customer, who is not the Consumer,
4. consequences of using access data to the Customer’s Account by the third persons, in case when they have come into their possession as a consequence of a breach of these Terms & Conditions by the Customer,
5. damages caused by a breach of the provisions of the these Terms & Conditions by the Customer.
§11 Final provisions
1. The Seller can collect information, in order to store it locally on the Customer’s device, using a memory mechanism of the web browser with a usage of cookie files.
2. Personal data of the Shop users are processed according to the provisions of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, on the basis of a consent of the individuals, to whom this data is related or when it is necessary to take actions before concluding the Contract at the request of the person, to whom the data is related.
3. Personal data is collected in order to render the Services by the Shop. The persons whose data have been collected are entitled to have a right to get an access to a content of their data, amend it and file a written justified request to withhold its processing, as well as to file an opposition against it.
5. While conceding the Contract on rendering the Service, the Consumer voluntarily authorises the Seller to submit information connected with the Contracts and their performance, as well as commercial information in case of giving a separate consent to it, to the Customer’s Contact Data.
6. Within a frame of realising the Contract, the Customer authorises the Seller to submit an invitation to fill in a post-sales survey to his/her e-mail address. The survey serves to research an opinion about the executed transaction and it can be voluntarily filled in by the Customer.
7. The Customer, who is not the Consumer is obliged to inform the Seller about any amendments rated to the Customer’s Contact Data, or otherwise it use in deliveries shall be deemed effective.
8. An amendment of the Terms & Conditions can be introduced due to any amendment of the law provision in respect of services realised by the Seller, as well as technical or organisational changes with regard to the services realised by the Seller.
9. An amendment of the Terms & Conditions is made by a publication of its new wording on the Shop web site, after a prior notification about this fact. Information about an amendment of the Terms & Conditions is placed in the area of the Shop web site not later than within 10 days prior to a date of its effective date and submitted to the Customer’s Contact Data, and in case when the parties are bound by the Contract with a continuous nature.
10. An amendment of the Terms & Conditions is not related to the Sales Contract concluded before a date of its amendment.
11. The provisions of the Terms & Conditions are not aimed at excluding or limiting the rights of the Customer, who is not the Consumer, resulting from the generally applicable law provisions.
12. In case of any discrepancies between the provisions of the Terms & Conditions and the generally applicable law provisions, the latter provisions are applied, in particular the provisions locally applicable for the Consumer.
13. To all matters not settled by the provisions of the Terms & Conditions shall be applied the generally applicable law provisions.