Statute

TERMS AND CONDITIONS OF THE ONLINE STORE

The Terms and Conditions define the rules for providing sales services via the website of the online store operating under the domain: www.grandefinale.pl. It is a document required under Article 13 of the Act of May 30, 2014, on Consumer Rights (Journal of Laws 2014, item 827).

The SELLER and simultaneously the ADMINISTRATOR of the online store is the company:
Grande Finale Gabriela Myślak
Address: ul. Jacka Malczewskiego 150, 80-112 Gdańsk
Address for CORRESPONDENCE and SHIPMENTS: as above
Phone: +48 58 304-64-30, Mobile: (+48) 536 103 888
Email: office@grandefinale.pl

The company is registered in the Central Register and Information on Economic Activity (CEIDG) under the Tax Identification Number (NIP): 5931625851, and Statistical Number (REGON): 191471850.

The BUYER has the right, before placing an order, to negotiate all terms of the agreement with the Seller, including modifications to the provisions of these Terms and Conditions, within the limits allowed by law. Such negotiations, to be valid, must be conducted in writing. If the BUYER chooses not to negotiate an individual agreement, the following Terms and Conditions apply.

A. Definitions

  1. ONLINE STORE - means that the SALES AGREEMENT or provision of services is concluded electronically and, if the party to the agreement is a CONSUMER, it is conducted under the terms described in the Act of May 30, 2014, on Consumer Rights (Journal of Laws 2014, item 827).
  2. CLIENT - a natural person, as well as a legal entity or an organizational unit without legal personality, to whom specific regulations grant legal capacity, and who enters into or intends to enter into an agreement in connection with their business activity or uses other services offered through the ONLINE STORE website.
  3. CONSUMER - a CLIENT, a natural person entering into a legal transaction with the SELLER that is not directly related to their business or professional activity - a precise definition can be found in Article 22 of the Civil Code.
  4. PRODUCT - an item offered for sale or a service offered in the ONLINE STORE.
  5. TERMS AND CONDITIONS - these Terms and Conditions of the ONLINE STORE.
  6. SALES AGREEMENT - an agreement for the sale of a PRODUCT concluded remotely via the ONLINE STORE.
  7. ORDER - a declaration made electronically or by phone expressing the intent to conclude an agreement (to order a product or service).
  8. NEWSLETTER - a service provided electronically by the SELLER, consisting of sending interested parties commercial and advertising information to the email address provided by the interested party.

C. Orders

  1. The ONLINE STORE fulfills orders within Poland, EU countries, and outside the EU; however, shipping abroad is possible only after prior contact with the SELLER and individual agreement and acceptance of the terms.
  2. Before placing an order, the CLIENT must familiarize themselves with these TERMS AND CONDITIONS. The CLIENT confirms their familiarity with and acceptance of all provisions of these Terms and Conditions during registration in the system and before final order confirmation. The order form will not be accepted without such confirmation.
  3. Orders can be placed electronically 24 hours a day, 7 days a week.
  4. Orders can be placed by phone using the number provided in the CONTACT section. In the case of a distance agreement concluded by phone, the SELLER confirms the content of the proposed agreement by sending it to the CLIENT on paper or another durable medium. The CONSUMER must provide a statement accepting the terms and entering into the agreement. This statement is effective if it is recorded on paper or another durable medium after receiving confirmation from the SELLER.
  5. Order fulfillment (preparation and shipment of PRODUCTS) by the SELLER occurs:
    • a) upon receipt of payment in the account, if prepayment is chosen.
    • b) upon receipt of payment in the account, if prepayment is chosen.
    • c) for card payments, upon obtaining positive authorization.
  6. The order processing time for products in stock is no more than 3 business days from the date specified in the previous point. In most cases, orders are fulfilled within 24 hours. For products offered on demand, the deadline will be specified when placing the order.
D. Prices
  1. The prices of products offered in the store are in Polish currency and are gross prices (inclusive of applicable taxes, including VAT).
  2. The prices of products do not include delivery costs.
  3. The binding price for the CLIENT is the price current at the time of placing the order.

E. Payment Methods

  1. Cash on delivery - upon receipt of the shipped products.
  2. Prepayment - via bank transfer to the SELLER's account as provided in the SELLER's details or in the order confirmation.
  3. Cash or card payment upon personal pickup - ordered products must be collected within 10 days of placing the order at the physical store at the company’s headquarters address.
  4. Tpay online payment system - a system managed by Krajowy Integrator Płatności Spółka Akcyjna based in Poznań (plac Andersa 3, 17th floor, 61-894 Poznań), registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court in Poznań Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number 0000412357, NIP 7773061579, REGON 300878437, with share capital of PLN 5,494,980.00 fully paid. The payment system processes payments with payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, and Maestro.
  5. In the case of selecting prepayment via bank transfer, the CLIENT is obligated to make payment for the Sale Agreement within 7 days from its conclusion, unless otherwise agreed by the Parties to the Sale Agreement.
  6. The SELLER reserves the right to limit available payment methods, including requiring full or partial prepayment.

F. Shipping of Goods

  1. The shipping costs are borne by the CLIENT unless otherwise stated in the product offer description.
  2. During the completion of the interactive order form, the CLIENT is informed about the shipping costs and chooses the method and accepts the cost of shipping while placing the ORDER.
  3. For international shipping, the costs and delivery time are determined individually.
  4. Purchased products are shipped via postal services or courier companies.
  5. If the CLIENT selects the shipping option with "cash on delivery" payment, the CLIENT is obliged to receive the parcel containing the ordered products. If the CLIENT—regardless of the reason—does not collect the parcel, the SELLER has the right to withdraw from the contract on the day of receiving the returned uncollected parcel.

G. Right to Withdraw from the Contract (PRODUCT RETURN) in the case of Distance Selling involving a CONSUMER

  1. According to Article 27 of the Consumer Rights Act (Journal of Laws 2014, item 827), the CONSUMER, when concluding a "distance contract," has the right to withdraw from the contract without providing any reason within 14 calendar days from the date of taking possession of the PRODUCT. In the event of withdrawal, the CONSUMER is entitled to a refund of the incurred costs. If, at the time of concluding the contract, the CONSUMER chose a delivery method other than the cheapest standard method offered by the SELLER, the SELLER is not obliged to refund the additional costs exceeding the cheapest method. Meeting the deadline requires the CONSUMER to submit a statement of withdrawal to the SELLER within this period. An electronically sent statement is also valid—it is possible to use the withdrawal form template (Appendix No. 2: Withdrawal Form Template). Upon submission of the statement electronically, the SELLER will promptly send the CONSUMER confirmation of receipt of the withdrawal statement on a durable medium.
  2. After sending the statement, the CONSUMER is obliged, within 14 calendar days (counted from the date of sending the withdrawal statement), to return the product to the correspondence address provided in the SELLER's details, unless the SELLER has offered to collect the PRODUCT themselves. The deadline is deemed met if the shipment is dispatched by the end of this period.
  3. The CONSUMER is responsible for any reduction in the value of the item resulting from its use beyond what is necessary to determine its nature, characteristics, and functionality.
  4. The SELLER shall refund the payments made by the CONSUMER, including the costs of delivery from the SELLER to the CONSUMER, within 14 calendar days. However, the SELLER may withhold the refund until the returned item is received or until the CONSUMER provides proof of its dispatch, whichever occurs first. The refund is made using the same payment method that the CONSUMER used, unless the CONSUMER explicitly agrees to another refund method that does not entail any additional costs for them. If the payment was made by a payment card, the SELLER will refund the amount to the bank account linked to the CONSUMER’s payment card.
  5. The CONSUMER bears the direct costs of returning the PRODUCT to the SELLER.
  6. The right to withdraw from a distance contract does not apply to the CONSUMER in cases listed in the annex.
  7. The SELLER does not accept parcels sent "cash on delivery." The return parcel should be properly secured to prevent damage during transport.

H. Liability for Warranty and Guarantee in Sales Involving a CONSUMER

  1. The SELLER is obligated to deliver the PRODUCT under the contract free from defects.
  2. The SELLER is liable under warranty for physical defects existing at the time of transfer of risk to the buyer or resulting from a cause inherent in the sold item at that time—for a period of 2 years.
  3. The SELLER is exempt from warranty liability if the CONSUMER was aware of the defect at the time of concluding the contract.
  4. If a defect or non-compliance of the delivered PRODUCT with the contract is found, the CONSUMER has the right to lodge a complaint.
  5. To submit a complaint, it is recommended that the CONSUMER fill out a complaint protocol or otherwise describe the grounds for the complaint and the remedies sought regarding defect resolution, and send the submission via email or post to the SELLER's correspondence address specified in the header. Complaints can also be made by phone or orally.
  6. A defective PRODUCT, upon agreement with the SELLER, if feasible and practical, should be delivered by the CONSUMER exercising warranty rights to the location specified in the sales contract at the SELLER’s expense. If no location is specified, it should be sent to the place where the item was delivered to the CONSUMER. If the nature or installation of the item makes delivery by the CUSTOMER excessively difficult, the CUSTOMER must make the item available to the SELLER at its location.
  7. If the sold item has a defect, the CUSTOMER may request a price reduction or contract termination unless the SELLER promptly and without undue inconvenience to the buyer replaces the defective item with a defect-free one or remedies the defect. This restriction does not apply if the item has already been replaced or repaired by the SELLER or the SELLER has failed to fulfill the obligation to replace or repair the item.
  8. If the BUYER is a CONSUMER, they may request the replacement of the defective item with a defect-free one instead of the defect's removal, or vice versa unless the selected remedy is impossible or involves excessive costs for the SELLER. Assessing excessive costs considers the defect-free item's value, the defect's nature and significance, and the inconvenience to the buyer of another remedy.
  9. The reduced price must correspond to the proportion between the value of the defective item and the defect-free item.
  10. The BUYER cannot terminate the contract if the defect is insignificant.
  11. The SELLER will address the complaint without undue delay and no later than 14 calendar days from receiving the complaint submission. The SELLER will inform the CONSUMER in writing or electronically about the complaint's resolution within this period. Failure to respond to the complaint within this period equates to its acceptance.
  12. After a complaint is accepted, the SELLER will reimburse the CONSUMER for complaint-related costs. The SELLER will transfer the due amount to the CONSUMER's bank account or via postal transfer.
  13. If the complaint involves repair or replacement of the item, the SELLER will return the product to the CONSUMER at the SELLER's expense.

I. Complaints and Withdrawal (Returns) in Relations with NON-CONSUMER CLIENTS (Applies to Businesses)

  1. This section applies exclusively to relations with BUYERS who are not CONSUMERS.
  2. Liability under warranty expires 24 months after the PRODUCT is received.
  3. The CLIENT has the right to choose the delivery method, including sending their carrier to collect the PRODUCT.
  4. If the sold item is to be shipped by the SELLER, delivery is deemed completed when the SELLER hands it over to a carrier specializing in such deliveries.
  5. Upon handing over the sold item, benefits and burdens associated with the item, as well as the risk of accidental loss or damage, transfer to the CLIENT.
  6. Upon receiving the ordered product shipment, the CLIENT must examine it as customary for such shipments. If any loss or damage occurs during transport, the CLIENT must take all necessary actions to establish the carrier's liability. If the CLIENT does not examine the item or notify the SELLER of defects immediately upon discovery, they lose their warranty rights.
  7. The SELLER’s liability, regardless of its legal basis, is limited—both for individual claims and all claims combined—to the price paid and delivery costs under the agreement. The SELLER is liable only for typical, foreseeable damages at the time of the contract and is not liable for lost profits.
  8. If the SELLER’s liability does not apply, allowing the CLIENT to return the PRODUCT, the CLIENT may only return the purchased PRODUCT with the SELLER’s consent, at the CLIENT’s expense, provided the PRODUCT is unused and in its original packaging.
  9. If the sold item has defects, the CLIENT may terminate the contract or request a price reduction. However, the CLIENT may not terminate the contract if the SELLER promptly replaces the defective item or remedies the defect unless the item has already been replaced or repaired, or the defects are insignificant.
  10. The SELLER informs that for PRODUCTS covered by guarantees, the buyer’s rights and the guarantor’s obligations are specified in the WARRANTY CARD. The provided WARRANTY is an additional right that does not exclude, limit, or suspend the buyer’s rights under warranty laws.
  11. The SELLER does not accept returns sent cash-on-delivery.
  12. Any disputes between the SELLER and the CLIENT will be submitted to the court competent for the SELLER's registered office.
  13. Regulations on warranty and quality guarantee not mentioned above are applied directly as stipulated in the Civil Code (Articles 556-581).

J. Electronic Services and Technical Requirements for Using the Website

  1. The SELLER provides the following services via the website to facilitate contract conclusion:

    • Creating and administering CLIENT accounts in the online store.
    • Processing product order forms in the online store.
    • Sending commercial information, promotional offers, etc., as part of the "newsletter" service with the CLIENT's consent.

  2. These electronic services are provided free of charge.

  3. The agreement for account creation and administration is concluded for an indefinite period upon completing the CLIENT's registration process.

  4. The agreement for order processing is concluded for a defined period during the order form's submission and processing and ends upon submission and acceptance of the order.

  5. The "newsletter" service is concluded for an indefinite period when the CLIENT consents to receive messages to their registered email.

  6. A CONSUMER may withdraw from the service agreement within 14 days, except when service provision begins before this term with the CONSUMER's consent, by submitting a withdrawal statement via:

    • A withdrawal form,
    • The website,
    • Email or written correspondence to the SELLER's address.

  7. Both parties may terminate an indefinite-term service agreement:

    • A CONSUMER may terminate the agreement at any time by submitting a statement electronically or in writing to the SELLER's address. The SELLER will confirm receipt immediately and cease the service within 7 days.
    • The SELLER may terminate the agreement with 30 days’ notice if the CONSUMER breaches the rules.
    • Both parties can terminate the agreement at any time by mutual consent.

  8. Complaints will be resolved promptly, no later than 14 days. Failure to address a complaint within this period implies acceptance.

  9. To cooperate with the SELLER's system, the CLIENT requires:

    • A device with Internet access.
    • A browser (e.g., Mozilla Firefox 11.0+, Internet Explorer 7.0+, or equivalents).
    • A minimum screen resolution of 1024x768.
    • An active email account.
    • JavaScript and cookie support enabled, as described in the Privacy Policy.

K. Processing and Protection of Personal Data

  1. The Personal Data Administrator for the CUSTOMER’s data processed in connection with the use of the ONLINE STORE is the SELLER.
  2. Providing personal data and consenting to its processing is entirely voluntary. All personal data provided to us is processed solely within the scope and for the purpose to which the CUSTOMER has agreed. If the CUSTOMER does not provide the data necessary to fulfill the order and does not consent to its processing, fulfilling the order may be impossible.
  3. The Administrator ensures the security of the provided data and the execution of the CUSTOMER's rights under the GDPR. The CUSTOMER has the right to access their personal data, correct it, request its complete deletion (unless contrary to legal regulations), or restrict the processing of their personal data at any time. This can be done by using account update functions in the store system or by sending a request (e.g., to the provided email address) specifying the request for changes or data removal.
  4. The CUSTOMER has the right to receive their data in a structured, commonly used, and machine-readable format. They also have the right to transfer this data to another administrator without obstacles from the ADMINISTRATOR from whom the data is being extracted (Article 20(1)). Where technically feasible, the CUSTOMER may request that the ADMINISTRATOR transfer their data directly to another administrator (Article 20(2)).
  5. The ADMINISTRATOR may refuse to delete the CUSTOMER’s data only in cases specified by applicable laws, particularly if the CUSTOMER has not settled all obligations to the ADMINISTRATOR.
  6. To fulfill the agreement, the following CUSTOMER data must be provided:
    • First and last name,
    • Shipping address,
    • Email address,
    • Contact phone number,
    • For companies: Company name and Tax Identification Number (NIP).
  7. All personal data provided during the ordering process is used solely to form, conclude, modify, or terminate the agreement between the SERVICE PROVIDER and the CUSTOMER, to fulfill the sales agreement or electronic service agreement, or to process the order. This data is not shared with other institutions or third parties except as described in point 6.
  8. In the case of product sales via the ONLINE STORE, to deliver products to the CUSTOMER, personal data necessary for addressing and delivering the shipment is shared with companies professionally engaged in delivering shipments, such as the Polish Post and courier companies, along with handing over the shipment for delivery.
  9. If the CUSTOMER consents to the processing of their data for marketing purposes and to receive commercial information and subscribes to the newsletter, they will receive the "newsletter" at the email address provided. The CUSTOMER can unsubscribe from the newsletter service at any time.

L. Final Provisions

  1. The agreement is concluded in the Polish language and under Polish law.
  2. The provisions of these TERMS are not intended to exclude or limit any rights of the CUSTOMER who is also a CONSUMER as defined by the Act of 23 April 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended) or rights granted to them under applicable law. If the provisions of these TERMS conflict with the aforementioned laws, the laws take precedence.
  3. The TERMS are always available in the TERMS section on the SELLER’s website and can be copied and printed by the Buyer at any time. The TERMS can also be sent by email or post upon the CUSTOMER’s request. The TERMS, along with attachments, are also provided to CUSTOMERS as an attachment to the email confirming the order and agreement conclusion.
  4. Matters not covered by these TERMS are governed by generally applicable laws, particularly the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services.
  5. If any provisions of these TERMS conflict with the above-mentioned laws or other applicable regulations in the Republic of Poland, such regulations take precedence over the TERMS.
  6. If any provision of these TERMS is deemed unlawful, invalid, or otherwise unenforceable to the extent provided by law, it shall be excluded to that extent. The remainder of the TERMS remains in effect.
  7. All names of PRODUCTS offered for sale by the ONLINE STORE are used for identification purposes and may be protected and reserved under the Industrial Property Law Act (Journal of Laws 2001 No. 49, item 5081, as amended).
  8. All photos posted on the WEBSITE are protected under the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83, as amended). They are of a creative and individual nature and cannot be copied without the consent of the Website Administrator.
  9. In the event of disputes related to the implementation of the concluded agreement, the parties will strive to resolve the dispute amicably through out-of-court dispute resolution, including mediation. If no amicable resolution is reached, the dispute will be resolved by the Common Court.
  10. To fulfill the obligation of providing information about out-of-court complaint and claim resolution procedures and access to these procedures, we inform that current information on this subject is available on the website: http://prawaKONSUMENTA.uokik.gov.pl. Consumers and entrepreneurs may use the EU Commission's online dispute resolution platform available at: http://ec.europa.eu/consumers/odr/. The Office of Competition and Consumer Protection (UOKIK) maintains a register of entities authorized for out-of-court consumer dispute resolution at: https://www.uokik.gov.pl/rejestr_podmiot_uprawnionych.php.
  11. The contents of attachments No. 1, 2, and 3 form an integral part of these TERMS.