Regulations of the Online Store - www.cncultimate.com
I. General provisions
These Regulations define the general terms and conditions, the manner of providing electronic Services and sales conducted through the Internet Store www.cncultimate.com. The Store is operated by Łukasz Gradzik, a business entity operating under the name Łukasz Gradzik, registered in the Register of Entrepreneurs of the Central Register of Registration and Information on Business Activity conducted by the competent minister of economy at ul. Lipówka 21, 42-240 Rudniki, NIP 5732805705, REGON 381347317 and Tomasz Gradzik, a business entity operating under the name Tomasz Gradzik, registered in the Register of Entrepreneurs of the Central Register of Registration and Information on Business Activity conducted by the competent minister of economy at ul. Lipówka 21, 42-240 Rudniki, NIP 5732805711, REGON 381347435, conducting joint business activity under the name GNG S.C. TOMASZ GRADZIK, ŁUKASZ GRADZIK, on the basis of a civil partnership agreement, at the address Lipówka 21, 42-240 Rudniki, NIP 9492233469 , REGON 381350733, BDO 000194986, hereinafter referred to as the Seller.
Contact with the Seller is made through:
e-mail address: office@cncultimate.com;
phone number: +48 508 027 881;
contact form available on the pages of the Online Store;
chat available on the store's website.
These Terms and Conditions are continuously available on the website www.cncultimate.com, in a manner that allows obtaining, reproducing and recording its content by printing or saving on a carrier at any time.
The Seller informs that the use of Services provided electronically may involve risks on the part of any user of the Internet, consisting of the possibility of introducing harmful software into the Client's ICT system and obtaining and modifying its data by unauthorized persons. To avoid the risk of the aforementioned threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular, anti-virus programs and firewall.
The Vendor has designated a single point of contact for contacting the Customers, the authorities of the European Union member states, the European Union Commission and the Digital Services Board referred to in the DSA Regulation. Communication at the point is carried out at the e-mail address indicated in subsection 2 above, in Polish and English.
II. Definitions
The terms used in the Regulations shall mean:
Working days - are days from Monday to Friday excluding public holidays;
Customer - a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order at the Online Store or uses other Services available at the Online Store;
Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended);
Account - a part of the Online Store assigned to a given Customer, through which the Customer may perform certain actions within the Online Store;
Consumer - a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
Entrepreneur - a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
Terms and Conditions - this document;
DSA Regulation - Regulation of the European Parliament and of the Council (EU) 2022/2065 of October 19, 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act);
Goods - a product presented in the Online Store, the description of which is available next to each product presented;
Sales Contract - a contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
Services - services provided by the Seller to the Customers electronically, within the meaning of the Act of 18 July 2002 on providing services electronically (Journal of Laws No. 144, item 1204, as amended);
Consumer Rights Act - the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);
Act on Providing Services by Electronic Means - Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204 as amended);
Order - a declaration of will of the Customer, aiming directly at the conclusion of a Sales Agreement, specifying in particular the type and number of Goods.
III. Rules of using the Online Store
The use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
computer or mobile device with access to the Internet,
access to e-mail,
web browser Microsoft Edge version 42.x or later, Firefox version 48.0 or later, Chrome version 50 or later, Opera version 50 or later, Safari version 10.x. or later,
inclusion of Cookies and Javascript in the web browser.
Use of the Online Store means any activity of the Customer that leads to his/her familiarization with the content contained in the Store.
In particular, the Customer is obliged to:
not to provide or transmit content prohibited by law, e.g. content that promotes violence, defames or violates personal rights and other rights of third parties,
use the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,
not to undertake such actions as: sending or placing within the Internet Shop unsolicited commercial information (spam),
use the Online Store in a manner that is not onerous for other Customers and the Seller,
to use any content posted within the Internet Store only for their own personal use,
use the Internet Store in a manner consistent with the laws in force in the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general rules of Internet use.
IV. Services
The Seller makes it possible through the Internet Store to use free Services, which are provided by the Seller 24 hours a day, 7 days a week.
The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, made available on one of the pages of the Online Store. The contract for the provision of the Service of maintaining an Account in the Online Store is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove the Account.
The Customer has the opportunity to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). For this purpose, it is necessary to provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The Customer may revoke consent to sending commercial information at any time. The Newsletter Service Agreement is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove his/her e-mail address from the Newsletter subscription or to unsubscribe using the link included in the content of the message sent within the Newsletter Service.
The Client has the option to send a message to the Seller via the contact form. The contract for the provision of the Service consisting in providing an interactive form allowing the Client to contact the Seller is concluded for a definite period of time and is terminated when the Client sends a message.
The Customer has the possibility of contacting the Seller via chat available on the Store's website. The contract for the provision of the Service of providing an interactive chat room allowing Customers to contact the Seller is concluded for a definite period of time and is terminated when the Customer closes the chat window or leaves the website of the Online Store.
The Seller has the right to organize occasional contests and promotions, the terms of which will be stated each time on the web pages of the Store. Promotions in the Online Store are not subject to combination, unless the Regulations of a given promotion state otherwise.
In the event of violation of the provisions of these Regulations by the Customer, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days' notice.
V. Procedure for conclusion of the Sales Agreement
Information about the Goods provided on the Store's websites, in particular their descriptions, technical and usable parameters and prices, constitute an invitation to conclude a Contract, within the meaning of Article 71 of the Civil Code.
All Goods available in the Online Store are brand new, conform to the Agreement and have been legally introduced into the Polish market.
In the event that the Seller uses mechanisms for individual price adjustment on the basis of automated decision-making, each time I communicate this information to the Consumer, when placing an Order, taking into account the requirements imposed in this regard by the regulations on personal data protection.
A prerequisite for placing an Order is having an active e-mail account, as well as an Account in the Store and logging into it.
In the case of placing an Order through the Order form available on the web site of the Online Store, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Contract of Sale for the Goods that are the subject of the Order. An offer made in electronic form binds the Client if the Seller sends to the e-mail address provided by the Client a confirmation of acceptance for execution of the Order, which constitutes a statement of the Seller's acceptance of the Client's offer and at the moment of its receipt by the Client a Contract of Sale is concluded.
Placing an Order on the Online Store by telephone, by sending an e-mail message or by sending a message via the contact form takes place on the Business Days and hours indicated on the Online Store website. For this purpose, the Customer should:
specify during a phone call, in the content of an electronic message or in the content of a message sent via the contact form, directed to the Seller the name of the Goods from among the Goods on the website of the Online Store and its quantity,
indicate the method of delivery and form of payment from among the methods of delivery and payment listed on the Store's website,
provide the data needed to process the Order, in particular: name and surname, place of residence and e-mail address.
Information on the total value of the Order, referred to in the paragraph above, is given each time by the Seller verbally after completing the entire Order or by informing by e-mail with the information that the conclusion of the Contract of Sale by the Customer entails the obligation to pay for the ordered Goods, at which moment the Contract of Sale is concluded.
In the case of a Customer who is a Consumer, the Seller shall send the Customer confirmation of the terms and conditions of the placed Order each time after the Order is placed via telephone, e-mail or contact form.
The Contract is concluded when the Customer, who is a Consumer, sends (in response to the confirmation of the terms of the Order sent by the Seller) an electronic message to the e-mail address of the Seller, in which the Customer: accepts the content of the submitted Order and agrees to its execution, and accepts the content of the Terms and Conditions and confirms reading the instructions on withdrawal from the Contract.
Upon conclusion of the Contract of Sale, the Seller confirms the terms and conditions of the Contract to the Customer by sending them to the Customer's e-mail address or in writing to the address provided by the Customer.
The Contract of Sale is concluded in Polish or English, with the content in accordance with the Terms and Conditions.
VI. Delivery
Delivery of the Goods shall be made to the address indicated by the Customer when placing the Order.
The Customer may choose the following forms of delivery of the ordered Goods:
via courier service;
delivered to a Parcel Machine.
The Seller on the Store's websites in the description of the Goods informs the Customer about the number of Working Days required for the execution of the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
The period for delivery and fulfillment of the Order is calculated in Business Days in accordance with pt. VII subsection 2.
The Seller shall provide the Customer with a proof of purchase.
By concluding a contract of sale with the Store and accepting the provisions of the Terms and Conditions, the Customer consents to the Store issuing and making available invoices in electronic form, in accordance with Article 106n paragraph 1 of the Act of March 11, 2004 on Value Added Tax (Journal of Laws of 2004 No. 54 item 535 as amended).
Consent to provide invoices in electronic form is tantamount to resignation from receiving invoices in paper form. However, the Customer's acceptance to issue and send invoices in electronic form does not exclude the Store's right to issue and send invoices in paper form. In the event of the Customer's objection expressed in writing or via Internet mail, the Store will provide the Customer with a paper invoice, separately providing the address to which the invoice is to be issued.
The Store shall issue and make available invoices in electronic form in a manner that guarantees the authenticity of their origin and the integrity of their content. Each invoice in electronic form shall be made available to the Customer via e-mail to the e-mail address indicated by the Customer when placing an Order or creating a Customer Account.
If different lead times are provided for the Goods covered by the Order, the longest period among those provided shall apply to the entire Order.
VII. Prices and payment methods
The prices of the Goods are quoted in Polish zloty, Euros at the Customer's choice and include all components, including VAT, customs duties and other fees.
The Client may choose the following methods of payment:
bank transfer to the Seller's bank account (in this case, the execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order, and shipment will be made immediately after receipt of funds in the Seller's bank account and completion of the Order);
electronic payment (in this case, execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the billing agent's system about the payment made by the Customer, while shipment will be made immediately after completion of the Order).
The entity providing online electronic payment service is Autopay S.A., among others. Available forms of payment through Autopay S.A. are: BLIK payment, Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro payment cards.
The Seller on the Store's website informs the Customer about the deadline within which he is obliged to make payment for the Order. If the Customer fails to make payment by the deadline referred to in the preceding sentence, the Seller, after an ineffective call for payment with setting an appropriate deadline, may withdraw from the Agreement on the basis of Article 491 of the Civil Code.
VIII. Entitlement to withdraw from the Contract
The Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline it is sufficient to send the statement before its expiration.
The Customer may formulate the statement himself or use the sample statement provided by the Seller on the Shop website.
The 14-day period starts from the date on which the Goods were delivered or, in the case of a Service Contract, from the date of its conclusion.
Upon receipt of the Consumer's statement of withdrawal from the Contract, the Seller will send a confirmation of receipt of the statement of withdrawal to the Consumer's e-mail address.
The Consumer's right to withdraw from the Contract is excluded in the case of:
Agreement for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the start of the service that after the performance by the entrepreneur will lose the right to withdraw from the Agreement, and has accepted it;
A contract in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal from the Contract;
A contract in which the subject of performance is a non-refabricated Goods, manufactured to the Consumer's specifications or serving to meet his individualized needs;
Agreement in which the object of performance is Goods subject to rapid deterioration or having a short shelf life;
A contract in which the subject of performance is Goods supplied in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
A contract in which the subject of performance are products that after delivery, due to their nature, are inseparably combined with other things;
A contract in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Contract, the delivery of which can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control;
An Agreement in which the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides Goods other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal from the Agreement is granted to the Consumer with respect to additional services or Goods;
A contract in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
A contract the subject of which is the supply of newspapers, periodicals or magazines, except for a subscription contract;
A contract concluded through a public auction;
A contract for the provision of services for which the Consumer is obliged to pay the price, where the Consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the Consumer.
Contracts for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
A contract for the provision of Digital Content, not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has started the performance with the express and prior consent of the Consumer, who was informed before the start of the performance that after the Seller's performance, he will lose the right to withdraw from the contract, and accepted it, and the Seller has provided the Consumer with the confirmation referred to in Article 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act.
Other exceptions to the right to withdraw from the Contract are indicated in Article 38(2) of the Consumer Rights Act.
In the case of withdrawal from the Agreement concluded at a distance, the Agreement is considered not concluded. What the parties have provided shall be returned in an unaltered state, unless the change was necessary to ascertain the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the address of the Seller.
The Seller shall promptly, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, return to the Consumer all payments made by him, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of refund, which method will not involve any cost to the Consumer. The Seller may withhold reimbursement of payments received from the Consumer until it receives the Goods back or the Consumer provides proof of its return, whichever event occurs first, unless the Seller has offered to collect the Goods from the Consumer itself.
If the Consumer has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by the Consumer.
The Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
IX. Complaints regarding the Goods
The Seller undertakes to deliver the Goods in accordance with the Agreement
The Seller shall be liable for non-compliance of the Goods with the Contract under the terms of the Consumer Rights Act to the Customer who is a Consumer and to the Customer who is a natural person concluding the Contract directly related to his/her business activity, when the content of the Contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. Warranty against entrepreneurs is excluded.
Complaints arising from violation of the Customer's rights guaranteed by law or on the basis of these Regulations should be addressed to GNG S.C. TOMASZ GRADZIK, ŁUKASZ GRADZIK, 21 Lipówka Street, 42-240 Rudniki, to the e-mail address: office@cncultimate.com, telephone number +48 508 027 881.
In order to consider the complaint, the Customer should send or deliver the advertised Goods, if possible attaching to it the proof of purchase. The Goods should be delivered or sent to the address indicated in item. 3.
The Seller undertakes to consider each complaint within 14 days of its receipt.
In case of deficiencies in the complaint, the Seller shall call on the Customer to supplement it to the necessary extent immediately, but no later than within 7 days, from the date of receipt of the call by the Customer.
X. Complaints regarding the provision of electronic services
The Customer may submit complaints to the Seller in connection with the functioning of the Store and use of the Services. Complaints may be submitted in writing to the address: GNG S.C. TOMASZ GRADZIK, ŁUKASZ GRADZIK, 21 Lipówka Street, 42-240 Rudniki, at e-mail address: office@cncultimate.com, telephone number +48 508 027 881.
In the complaint, the Customer should provide his/her name, mailing address, type and description of the problem.
The Seller undertakes to consider each complaint within 14 days of its receipt. In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent within 7 days, from the date of receipt of the call by the Customer.
XI. Guarantees
Goods may have manufacturer's warranty.
In the case of Goods covered by a guarantee, information on the existence and content of the guarantee, as well as the period for which it is granted, is each time presented in the description of the Goods on the website of the Store.
XII. Out-of-court methods of settling complaints and pursuing claims
A Customer who is a Consumer has, among other things, the following possibilities of using out-of-court ways to resolve complaints and pursue claims:
is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
is entitled to apply to the provincial inspector of the Commercial Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller;
may obtain free assistance in resolving a dispute between the Customer and the Vendor, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include the protection of consumers (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;
file your complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
XIII. Protection of personal data
The Seller collects and processes personal data provided by Customers in accordance with applicable laws and in accordance with the Privacy Policy, available on the Shop website.
XIV. Final provisions
All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, the Online Store website, as well as to the forms, logos belong to the Seller, and the use of the same may be carried out only in the manner specified and in accordance with the Terms and Conditions.
The provisions contained in these Regulations concerning the Consumer, on the subject of withdrawal from the contract and complaints, shall apply to a natural person concluding a contract directly related to his/her business activity, when it follows from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity. The provisions on out-of-court methods of settling complaints and pursuing claims do not apply.
Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
Settlement of any disputes arising between the Seller and the Customer, who is an Entrepreneur, is subject to the competent court for the seat of the Seller.
In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
Each Customer will be informed of any changes to these Regulations through information on the main page of the Online Store containing a summary of the changes and their effective date. Customers who have an Account will additionally be informed of the changes along with their summary to the e-mail address indicated by them. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If a Customer who has a Customer Account does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact within 14 days from the date of informing about the changes to the Terms and Conditions. Notification to the Vendor of non-acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.