Public Contract (Offer)

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" - GP DANCE SHOP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, REGON: 521778880, NIP: 6772476705, KRS: 0000967175, POLSKA 30-442 KRAKÓW ZAWIŁA 19A, 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.
The buyer may withdraw from the distance contract within 14 days without reason and without incurring costs.

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 or 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. The period for reviewing the claim shall be 14 days from the date of its receipt.

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 ODPOWIEDZIALNOŚCIĄ

POLSKA 30-442 KRAKÓW ZAWIŁA 19A

REGON: 521778880, NIP: 6772476705, KRS: 0000967175

Bank details:

Powszechna Kasa Oszczędności Bank Polski SA

Account:

PL 79102049000000810234350795 (EUR)

BIC (Swift): BPKOPLPW

Email: custserv@gpdanceshop.com