OFFER TERMS
(version of 15.09.2024 )
RECITALS
Dear gpdanceshop.com User, please note that putting a tick symbol and/or using the site means that you have read and agree to the terms of use of gpdanceshop.com website, and this is also your acceptance of this Public Offer Agreement. Putting a tick symbol, as well as using gpdanceshop.com website in any form, is your unconditional agreement with all the terms and conditions of this Public Offer Agreement and is equivalent to signing the agreement by both parties. This Public Offer Agreement shall be binding on the parties. If you disagree with the terms of this Public Offer Agreement, you must refrain from using gpdanceshop.com.
TERMS AND DEFINITIONS
"Website/Online Store" - a website owned
by the Website Owner and having an Internet address gpdanceshop.com, which
contains information about goods, works, services, conditions for their
purchase, payment, delivery, return and exchange, promotions, promotional and marketing
events, other general information addressed to an indefinite circle of persons,
on the basis of which any person can make an informed choice and enter into an
electronic contract for the sale of goods with the Seller on the terms set
forth in this Public Offer Agreement.
"User" - an individual and/or legal
entity with full legal capacity and using the website and/or its individual
tools, and agreeing to the terms of the Public Offer Agreement.
"Buyer/Customer" means a User who
purchases, orders, uses or intends to purchase or order goods on gpdanceshop.com
website.
"Website Administration" - the Seller,
the administration of gpdanceshop.com online store, which carries out and
organizes gpdanceshop.com website (online store) management.
"Seller" - a legal entity or an
individual entrepreneur represented by gpdanceshop.com online store, which
posts on the Website information about goods and/or services that can be
ordered. The Seller shall be indicated in the documents for a specific product.
"Agreement" - this Public Offer Agreement, including all its
terms and conditions.
"Goods" - clothing, accessories, beauty
products and other goods, the information about which is posted on the Website.
"Order" - acceptance by the User through
the Website of an offer for specific goods and/or his referral by calling the
hotline to the Seller with a request to place an order for goods, as well as a
set of goods specified in the User's order. The Order shall also mean an Offer,
on the basis of which an electronic contract is entered into.
"Offer" - information on the product
posted by the Seller on the Website, which includes information about the
product, its price, methods of payment and delivery, information about
discounts and promotional offers for the product, as well as other conditions
for ordering the goods. The terms of the Offers posted on the Website shall be
set by the Seller. The Offer shall mean the information about the possible
conditions for ordering goods.
"Parties" - Website Administration, Seller, Buyer/Customer, User.
1. GENERAL PROVISIONS.
1.1. This Agreement shall also regulate the
procedure for the User's access to information posted on the Website, the
procedure for using the Website, as well as the possibility of transferring
(selling) goods to the User/Buyer.
1.2. This Agreement shall be the Public Offer Agreement.
1.3. By accepting the terms of the agreement, the
User confirms his legal capacity, assumes the obligations arising from the use
of gpdanceshop.com website and the conclusion of the Public Offer Agreement.
1.4. Information about products (including price)
and any other information displayed on gpdanceshop.com website can be updated,
changed and supplemented by the Website Administration at any time without
prior notice to the User.
1.4.1. The Website Administration shall have the
right to unilaterally amend the terms of this Agreement at any time. The
amendments shall come into force from the moment the new version of the
Agreement is posted on gpdanceshop.com website.
1.5. Technical and maintenance works on the site
may be carried out at any time. The Website Administration, if possible, shall
notify the Users in advance about technical and maintenance works.
1.6. To carry out the activities of the website,
the Website Administration shall use the services of third parties (payment
services, banks, postal operators, etc.). The Website Administration shall not
exercise control over the work of third parties and shall not be liable for
their actions (work).
1.7. Exclusive rights to the official gpdanceshop.com website and the information posted on it shall belong to the Website Administration and is not transferred under the terms of this Agreement.
2. PROCEDURE FOR CONCLUSION AND TERMINATION OF THE ELECTRONIC CONTRACT.
2.1. Offers posted on the Website with information
about the goods shall be the Seller's offer to the User/Buyer to conclude an
electronic contract for the purchase of goods. The User, after reading the
Offer posted on the website, shall have the right to take actions to accept
(emphasize) the offer and place an Order.
2.1.1. The acceptance of the offer by the
User/Buyer is considered to be placing an order and making full payment for the
completed order to the payment details of the Seller.
2.1.2. Acceptance by the User/Buyer of the offer
indicates that he/she has read the information about the product(s),
availability (absence) of discounts, terms of payment and/or delivery, received
information in an amount sufficient to make a purchase.
2.3. The Seller, after accepting the User's offer,
shall process the order and can send electronic notifications to the User to
his e-mail and/or phone number, messenger about the status of the order
processing/performance. The Seller also, if necessary, shall have the right to
clarify the details of the order with the Buyer in order to properly perform
the order.
2.4. If there are objective reasons that prevent
the execution of the placed order, the Seller shall have the right, after the
acceptance of the offer by the User, to send him an updated offer with the
changed terms of the Offer (including the cost), and the User can accept the
updated offer or reject it. The updated offer of the Seller can be expressed by
sending an electronic notification to the User (by email, SMS, message in a
messenger or on a personal account), or a notification from the website's
hotline employee. The terms of the updated offer shall be agreed by the parties
on an individual basis.
2.4.1. If the User does not accept the updated offer and it is
impossible to perform the placed order, the electronic contract for the
purchase of goods shall be deemed terminated, and the payment made for the
order shall be refunded to the User in full.
2.5. The Parties agree that the Seller's updated
offer may set new (changed) prices for goods due to objective factors that
affect the price (the cost of the goods, the seller's costs, changes in the
exchange rate, etc.). In the event of a change in the price of the order: the
Seller shall return the paid difference (if the price of the order has
decreased); the User/Buyer shall make an additional payment for the order (if
the price of the order has increased).
2.6. The Parties’ agreement on all the essential
terms of the electronic contract shall be the payment and actual receipt of the
goods by the User/Recipient, as well as the shipment of the goods by the
Seller.
2.7. An electronic contract for the purchase of goods shall be
terminated if:
- there
are grounds for returning the goods and the Buyer has met all the
conditions for such return;
- termination
is made by mutual agreement of the parties;
- the
Seller may terminate the electronic contract (reject the order)
unilaterally if it is found impossible to perform the Buyer's order (the
goods are out of stock, etc.) by sending the Buyer an appropriate notice
by e-mail and/or to mobile phone number. In this case, the rights and
obligations of the Parties related to the sale, delivery and transfer of
the ordered goods shall be terminated, and the cost of the order paid by
the Buyer shall be returned in full;
- the
Buyer fails to perform his obligations (does not pay for the ordered
goods, does not receive and/or refuses to receive the order (goods)
without good reason, etc.);
- the
Buyer does not give feedback when the Seller specifies the details of the
order for its proper performance;
- the
Seller fails to perform the obligation to properly transfer the goods. The
electronic contract shall be deemed terminated from the moment the
Buyer/User notifies the Seller about it.
2.8. Other conditions for concluding and terminating an electronic contract not included in the Public Offer Agreement shall be governed by the current legislation of Poland.
3. GOODS PAYMENT TERMS.
3.1. Some provisions and information on payment
terms may be indicated in the relevant sections of the website and/or offers
that constitute a part of this Agreement.
3.2. The Buyer/Payer shall pay for the goods, in
accordance with the terms of the Agreement and posted on the Offer website using
payment systems: Credit Card, Bank Transfer and other methods indicated on
the website.
3.3. The difference between
the amount for the goods and the amount actually paid by the Buyer/Payer, which
was formed in the process of converting the exchange rate, shall not be
returned to the Buyer/Payer if it does not exceed 1% of the order amount.
3.4. When paying for an order, additional fees
shall not be charged by the Website Administration from the Buyer/Payer. The
payment system fee, which is provided by the Website Administration for
acceptance from Buyers/Payers of payments, shall be paid by the Seller.
3.5. If there is a bank fee from the Buyer/Payer's
bank during the payment for the goods, the Buyer/Payer shall pay it
independently without the possibility of compensating such fee from the Seller.
3.6. Information regarding the payment of taxes for
the goods shall be indicated in the product card next to the price of the goods.
3.7. Confirmation of payment for the order shall be
a receipt, a statement from the Buyer's/Payer's bank with a bank seal, which
indicates: the Buyer's/Payer's bank, the name and surname of the Buyer/Payer,
the transfer amount, the fee and additional costs associated with the transfer
of payment, the recipient of the transfer.
3.8. Upon payment for the order, the Seller shall
provide the Buyer/Payer with an invoice.
3.9. Information regarding the payment of customs
duty for goods shall be indicated on the website in the delivery section,
however, this information may change, and the Seller shall not be responsible
for data regarding customs duty. The Website administration recommends
specifying the customs duty data in the Buyer's country at the time of placing
the order.
3.10. The Seller shall have the right to cancel the
order (terminate the electronic contract for the purchase of goods) in the
absence of crediting the full amount of payment for the order.
3.11. The Buyer shall have the right to pre-book a
product if this option is provided on the website for a specific product. The
reservation of the goods for the Buyer, who has chosen the payment method
"bank transfer", shall be 48 hours and shall be calculated by
business days. If the payment is not credited to the Seller's account within
the specified period, the Seller shall have the right to cancel the reservation
from the goods and sell the goods to other Buyer. The Seller shall not be
responsible for the terms of shipment, delivery of goods if payment is not
credited during the period of reservation of the goods.
3.12. If the Buyer, when making a payment for the
goods, significantly exceeded the amount of payment for the order, the Seller
shall return to the Buyer/Payer the difference in the exceeded payment amount
within 3-4 business days.
3.13.1. To return the difference in the excess
amount the Buyer shall provide the Seller with a bank statement in accordance
with paragraph 3.7 hereof.
3.13.2. The Seller shall not be responsible for the
difference between the amount of the order and the actual amount of payment for
the order, unless the Buyer/Payer provides the Seller with a bank statement in
accordance with paragraph 3.7 hereof.
3.14. If the Buyer's payment is not made by the
Bank, the Buyer shall contact technical support or the manager of the bank
where he has the account.
3.15. When returning funds to the Buyer for the
reasons provided for herein, the Seller shall not be responsible for the timing
of crediting funds to the account of the Buyer/Payer, since this is the
responsibility of the Buyer/Payer's bank and the payment system.
3.16. The Seller shall refund the payment for the
order solely upon the fact of the paid order to the payment details that were
used to pay for the order.
3.17. The Seller shall refund the payment for the
order within 3-4 business days from the moment the goods are received at the
warehouse and confirmation that the goods meet the conditions for the return of
the goods.
3.18. The Seller shall refund the payment for the
goods without taking into account the cost of delivery and additional costs
associated with the transportation of this order to the Buyer and back from the
Buyer to the Seller (except if the Seller has sent the wrong goods by mistake).
3.19. The Seller shall not be liable for the
financial costs associated with the Buyer's order if the Buyer did not follow
the terms of the Public Offer Agreement.
3.20. Other conditions for payment for goods not included in the Public Offer Agreement shall be governed by the current legislation of the country where the Seller is located.
4. GOODS DELIVERY TERMS.
4.1. Some provisions and information on the terms
of delivery may be indicated in the relevant sections of the website and/or
offers that are an integral part of the Public Offer Agreement of the
electronic contract for the purchase of goods.
4.2. The delivery shall be carried out to those
countries that are in the list for selection when placing an order on the
website.
4.3. The Seller shall have the right to change the
terms of shipment and delivery of goods by changing the information on the
website. In this case, if the Buyer placed an order based on the same data
about delivery times, and in the process of fulfilling the order, the terms
changed, the Buyer shall have the right to refer exclusively to the data that
were relevant at the time of the order placement and payment. This data shall
be stored on the invoice and is included in the Buyer's order confirmation
email.
4.4. The delivery time of the goods by the postal
service shall be indicated in business days and is indicative.
4.5. The Buyer acknowledges and agrees that during
the goods delivery there are acceptable delays in the delivery of the order up
to 7 business days due to weather conditions, technical problems, special
working conditions during the lockdown period.
4.6. The order delivery time shall not include
holidays and weekends.
4.7. The Seller shall not be liable for the
delivery of the goods to the Buyer if the Buyer has indicated incorrect (wrong)
data in the delivery address or contacts. In this case, the Seller shall not be
liable for the delivery time, for financial losses associated with the loss of
the parcel, with the return of the parcel back to the Seller, shall not be
liable for the cost of the goods themselves.
4.8. The Seller shall not be liable for the delivery
of the goods to the Buyer if the Buyer did not contact the postal service to
receive the parcel (order). In this case, the parcel shall be returned to the
Seller. In this case, the Seller shall not be liable for the cost of delivery
in both directions (to the Client and back to the Seller for return of the
parcel).
4.9. In case of re-delivery of unreceived order,
the cost of such delivery shall be paid by the Buyer, including all postage
costs incurred by the Seller as a result of this process.
4.10. The Seller is responsible for the safety
of the contents in the parcel if the Buyer finds damage to the contents or a
shortage of goods, the buyer is obliged to provide a video recording of the
process of opening the parcel and checking the contents for shortage and
damage. The only way to prove the fact of the shortage of goods in the parcel
is a video record of the process of opening the parcel.
4.11. In this case, the Buyer shall send a request
to the Seller's mail custserv@gpdanceshop.com
to the postal address, which, if possible, should contain photo and video
evidence of damage, other evidence (certificate from the postal company, etc.).
4.12. If there is damage to the contents of the
parcel, the Buyer shall send this parcel back to the Seller in the original
packaging.
4.13. The Seller shall refund 100% of the payment
for damaged goods and compensate for the cost of shipping when returning the
goods and complying with the conditions of such return.
4.14. "Damaged Goods" within the meaning
of this Agreement shall mean:
- beauty products – if there are impact marks,
cracks or broken areas that are directly on the product itself. If the
cardboard packaging of the goods has signs of wrinkling and at the same time
the goods themselves have undamaged appearance, such goods shall not be deemed
damaged.
- clothing or accessories - damaged seams, hooks,
holes, traces of goods use. The Buyer shall detect such damage to the goods
before trying on the goods.
4.15. If the Buyer causes damage when trying on the
clothes and accessories, the Seller shall not be liable for such damage to the
goods and for all financial costs associated with this product and its repair.
4.16. If the order is not relevant for the Buyer,
but the order has already been sent for delivery, the Buyer shall bear all
transportation costs for the delivery of the order (package) in both directions
(to the Buyer and back to the Seller to cancel the order). In turn, the Seller
shall refund the payment for the order to the Buyer after deducting from the
paid amount of the order all transportation costs that the Seller has incurred
or will incur as a result of the parcel return.
4.17. The ordered goods at the time of transfer (delivery) to the Buyer shall be fully paid.
5. PROCEDURE FOR RETURN OF GOODS
5.1. In case you need to return the goods, please,
contact us and we will provide all information for you.
5.2. The procedure for returning goods of
inadequate quality shall be governed by the laws of the country of the Seller
and the provisions of this Agreement.
5.3. The Customer may return all goods
purchased from the Seller, except for beauty products and personal hygiene
items, within 14 calendar days upon receipt of the goods from the postal
service. The calculation of 14 calendar days shall start from the day following
receiving the goods and end on the 14th calendar day.
5.3.1. During the specified period, the Buyer shall
agree on the possibility of returning the goods with the Seller and directly
send the goods back by providing the Seller with a tracking number to track the
goods to the official mail of the company custserv@gpdanceshop.com,
otherwise no return or exchange will be made.
5.4. To return goods of proper/improper quality,
the Buyer shall send the goods back to the Seller through the postal service,
observing the conditions for the return of goods, and the Seller shall accept
the return and check the goods for damage, traces of use, presence of all tags
and documentation.
5.4.1. The Seller shall have the right to refuse to
accept the goods if, when returned by the Buyer, it was packed improperly, as a
result of which traces and/or damages remained on the package (including those
arising during transportation: scratches, wrinkles, markings, etc.).
5.5. If there are grounds for a return and all
conditions for the return of goods are met, the Seller undertakes to refund the
payment for the goods, excluding shipping costs.
5.5.1. The Seller shall make a full refund, taking
into account the cost of delivery in both directions, when the return of the
goods is related to the fact that the Seller made a mistake and sent the wrong
goods or in bad conditions. Such issue need to be solved by email before the
return and customer must inform the Seller about this condition at the moment
the item was received by Customer.
5.5.2. If the Buyer wishes to return a part of an
order that was sent with the wrong goods due to the Seller's mistake, the
amount of the shipping cost from the Seller to the Buyer shall be calculated in
proportion to the number of goods that the Buyer returns.
(Calculation example: if the order included 100
units, the shipping cost reached $100, while the company sent 1 unit
incorrectly, and the Customer wants to return 1 unit - in this case, the Seller
shall compensate for the delivery from the Seller to the Client 1 $. And from
Client to the Seller 100% of the cost solely on the provided invoice from the
postal company where the tracking number, the name of the postal company, the
weight of the item, the sender and recipient's data, the delivery cost are
indicated).
5.6. When making a return, the Buyer shall properly
and securely pack the parcel outside and inside so that the goods are not
damaged during transportation by the postal service.
5.7. Upon the expiration of the period provided for
the return of the goods, the Seller shall have the right not to satisfy
requests for the return of goods and for the return of payment for the goods,
shipping, and other financial expenses that were incurred on the basis of
sending this order for return.
5.8. Customized goods shall not be exchanged or
returned.
5.9. The Seller's manager shall provide advice on
the recommended size (shape) of the goods for the Buyer, which is purely
advisory in nature. The recommendations of the Seller's manager regarding the
appropriate size of the item for the Buyer shall be based on the data provided
by the Buyer, including the risk that these data may be inaccurate.
5.10. If the ordered goods did not suit the Buyer in terms of shape or other individual characteristics, it shall not be deemed a mistake by the Seller.
6. LIABILITY OF THE PARTIES.
6.1. As a User, you guarantee not to take any
actions that violate the laws of Poland, international law and actions that may
disrupt the normal operation of the Website.
6.2. The User shall timely inform the Website
Administration about unauthorized access to the User's personal account/profile
by third parties.
6.3. Comments and other posts of the User on the
Website shall not contradict the requirements of the legislation of Poland, the
provisions of international law and generally accepted morality and ethics
norms.
6.4. The User shall independently bear all risks
associated with the indication of incorrect contact details in the Profile,
contact details of third parties, transfer of the number and other data of his
order to third parties, saving the login and password in his personal account
(Profile) or transfer of his Profile data to third parties. All actions
performed in the Profile and/or using data by the User shall be considered by
the Website Administration to be the actions of the Buyer, and the Website
Administration shall not be liable for these actions.
6.5. The User shall be liable for the accuracy of
the data specified in the Order form on the event that incorrect, inaccurate
and/or wrong data are indicated in the Order.
6.6. The Parties shall not be liable for full or partial failure to perform obligations hereunder if such failure is the result of force majeure, that is, extraordinary circumstances unavoidable under the given conditions, including mass riots, prohibitive actions of the authorities, natural disasters, fires, catastrophes and other force majeure circumstances.
7. PRIVACY AND PERSONAL DATA PROTECTION
7.1. By providing his personal data on the website when registering or placing the Order, the User shall give the Website Administration his voluntary consent to the processing, use (including transfer) of his personal or other data, as well as other actions provided for by the legislation of the country of the Seller and/or the General Personal Data Protection Regulation (GDPR), for the period necessary for such processing, use.
8. PROCEDURE FOR PROCESSING REQUESTS, CLAIMS.
8.1. Claims, requests from the Users/Buyers to
resolve disputes or other issues under the terms of the Public Offer Agreement
may be submitted to the specified address of the Seller and/or to the email
address custserv@gpdanceshop.com. The Seller shall reply to the Buyer
within a reasonable time, unless otherwise specified by the current legislation
of Poland. The Seller's reply may be in writing, by electronic notification or
by actions indicating the satisfaction of the request.
8.2. Claims, requests from Users/Buyers (if they
are sent in written, electronic form) shall contain information on: the subject
of the request, statements about the ongoing order (its number, etc.), the
actual circumstances on the basis of which the request is filed, the
requirements (what the User/Buyer asks for); current details of the User/Buyer
(full name, phone number, e-mail address, address for correspondence),
necessary documents on the subject matter of request (if any).
8.2.1. In case of non-compliance with the form of a
claim, request, (failure to enter the necessary information), the Seller shall
have the right not to process such requests.
8.3. Based on the results of claim, request
processing, the Website Administration/Seller shall send the User/Buyer a reply
to his e-mail or to the correspondence address. The reply may contain
statements: on the satisfaction of the claim, or on the refusal to satisfy the
claim with an explanation of such refusal. In addition, confirmation of the
satisfaction of the claim may be the performance by the Website
Administration/Seller of certain actions on the subject matter of the claim,
request.
8.4. Requests related to the procedure for the
exchange and return of goods shall be primarily regulated in section 5
"PROCEDURE FOR RETURN AND EXCHANGE OF GOODS".
8.5. The User/Buyer may send a claim, request through the postal service or submit it in person to the address of the Seller.
9. FINAL PROVISIONS.
9.1. The agreement shall come into force upon its
acceptance and shall remain in force until its termination.
9.2. If the User does not agree with any provision
of the Agreement, he shall immediately stop using the Website.
9.3. The User agrees that after completing the
registration procedure on the Website, the Website Administration shall send
letters and/or notifications, including advertising ones, to the Users' e-mail
address. The User shall have the right to unsubscribe from such mailings on his
own.
9.4. By indicating the mobile phone number in the
forms on the site, the User automatically agrees to receive notifications from
the site, including advertising. If there is an intention to stop mailing of
this kind, the User shall contact the Website Administration.
9.5. In order to obtain any necessary, accessible,
reliable and timely information about the goods or the Seller, for any reason,
not received directly on the site, the User shall contact the Website
Administration.
9.6. The Website Administration shall have the
right to assign its rights and obligations hereunder to third parties at any
time, without prior notice to the User.
9.7. The Website Administration shall have the
right at any time to amend this Agreement and all appendices hereto (in whole
or in part) unilaterally, without prior agreement and notification of the User.
All amendments shall come into force from the moment the updated Agreement is
posted on the website.
9.8. All possible disputes and contradictions
arising between the Parties hereunder shall be resolved through negotiations or
in accordance with applicable law and this Agreement in a claim and/or judicial
procedure. Recognition by the court of any provision of this Agreement as
invalid shall not cancel the validity of the Agreement in the remaining part
and shall not relieve the User from the obligations assumed.
9.9. Electronic copies of documents, including
electronic correspondence, shall constitute original documents and letters that
do not require approval on tangible media, paper. The Parties agree that all
correspondence, notices and notifications received at the email addresses
specified herein and in the information fields during the User's registration
on the site, as the details of the Parties, shall be deemed delivered to the
addressee in the proper form.
9.10. This Agreement and the performance of its
terms shall be governed by the law of Poland.
9.11. Acceptance of this Agreement means that its terms and conditions apply in full to residents of Poland, residents of the countries of the European Union and the rest of the world, and are binding on them.
10. SELLER’S DETAILS.
GP DANCE SHOP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄPOLSKA 30-442 KRAKÓW ZAWIŁA 19A
Bank details: Powszechna Kasa Oszczędności Bank Polski SA
Account: PL 79102049000000810234350795 (EUR)
BIC (Swift): BPKOPLPW
Email: custserv@gpdanceshop.com