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Terms and Conditions of the online store gagaboo.com
Table of contents
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
6. COMPLAINT HANDLING PROCEDURE
7. OUT-OF-COURT COMPLAINT HANDLING METHODS
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
9. CONTRACTUAL RIGHT OF WITHDRAWAL FROM THE CONTRACT
10. PROVISIONS CONCERNING ENTREPRENEURS
11. PRODUCT REVIEWS
12. ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE TERMS AND CONDITIONS
13. FINAL PROVISIONS
14. TEMPLATE WITHDRAWAL FORM
The Online Store www.gagaboo.com cares about consumer rights. A consumer may not waive the rights granted to them under the Consumer Rights Act. Provisions of contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights to which they are entitled under mandatory provisions of law, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, those provisions shall prevail and must be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at the Internet address www.gagaboo.com is operated by the company BANANABYTE LIMITED LIABILITY COMPANY (BANANABYTE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ) with its registered office in Kraków (registered office address: ul. Lipowa 3D, 30-702 Kraków, Poland; correspondence address: ul. Solna 3/14, 61-735 Poznań, Poland), entered into the Register of Entrepreneurs of the National Court Register under KRS number 0001192963; registry court where the company’s documentation is stored: DISTRICT COURT FOR KRAKÓW-ŚRÓDMIEŚCIE IN KRAKÓW, 11TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER; email address: shop@gagaboo.com and contact phone number: +48 502 587 646.
1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions provides otherwise.
1.3. The controller of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for the period, and on the bases and rules indicated in the privacy policy published on the Online Store’s website. The privacy policy contains, in particular, the rules regarding the processing of personal data by the Controller in the Online Store, including the bases, purposes, and period of processing of personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Likewise, providing personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. DIGITAL SERVICES ACT, THE ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277 of 27.10.2022, pp. 1–102).
1.4.2. BLOG – Electronic Service, an online blog available in the Online Store to its Service Users enabling them to browse the Service Provider’s posts, in particular concerning its activities and the Products offered.
1.4.3. BUSINESS DAY – any day from Monday to Friday excluding public holidays.
1.4.4. CONTACT FORM – Electronic Service, an interactive form available in the Online Store enabling direct contact with the Service Provider.
1.4.5. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.6. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to an electronic cart and specifying the terms of the Sales Contract, including the method of delivery and payment.
1.4.7. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity – who has concluded or intends to conclude a Sales Contract with the Seller.
1.4.8. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.9. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s ICT system marked with an individual name (login) and password provided by the Service User, where the data provided by the Service User and information about the Orders placed by them in the Online Store are collected.
1.4.10. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail or SMS that enables all Service Users using it to automatically receive from the Service Provider periodic content of subsequent editions of the newsletter containing information about Products, news, and promotions in the Online Store.
1.4.11. ILLEGAL CONTENT – information which, by itself or by reference to an action, including the sale of Products or the provision of Electronic Services, is not in compliance with the law of the European Union or with the law of any Member State that is consistent with the law of the European Union, regardless of the specific subject matter or nature of that law.
1.4.12. PRODUCT – a movable item available in the Online Store (including a movable item with digital elements, i.e., containing digital content or a digital service or connected with them in such a way that the absence of the digital content or digital service would prevent its proper functioning) which is the subject of a Sales Contract between the Customer and the Seller.
1.4.13. TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.
1.4.14. ONLINE STORE – the Service Provider’s online store available at: www.gagaboo.com.
1.4.15. SELLER, SERVICE PROVIDER – BANANABYTE LIMITED LIABILITY COMPANY with its registered office in Kraków (registered office address: ul. Lipowa 3D, 30-702 Kraków, Poland; correspondence address: ul. Solna 3/14, 61-735 Poznań, Poland), entered into the Register of Entrepreneurs of the National Court Register under KRS number 0001192963; registry court where the company’s documentation is stored: DISTRICT COURT FOR KRAKÓW-ŚRÓDMIEŚCIE IN KRAKÓW, 11TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER; email address: shop@gagaboo.com and contact phone number: +48 502 587 646.
1.4.16. SALES CONTRACT – a contract of sale of a Product concluded or concluded between the Customer and the Seller via the Online Store.
1.4.17. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Store.
1.4.18. SERVICE USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity – using or intending to use an Electronic Service.
1.4.19. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827, as amended).
1.4.20. ORDER – the Customer’s declaration of intent submitted by means of the Order Form and directly aimed at concluding a Sales Contract for a Product with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Blog, Account, Contact Form, Order Form and Newsletter.
2.1.1. Browsing the Blog is possible after going to the “Blog” tab visible in the Online Store. The Blog is available free of charge to all visitors to the Online Store without the need to provide any data or perform other actions. As part of the Blog, the Service Provider publishes articles related to the Online Store’s subject matter and the Products.
2.1.1.1. The Service User may stop using the Blog Electronic Service at any time and without giving a reason by closing the web browser.
2.1.2. Account – using the Account is possible after the Service User performs two consecutive steps – (1) filling in the Registration Form and (2) clicking the “CREATE ACCOUNT” field. In the Registration Form, the Service User is required to provide the following data: first name, last name, e-mail address and password. The Service User may also use the Account by checking the appropriate checkbox during the placement of an Order – upon placing the Order, an Account is created for the Service User.
2.1.2.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service User may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: shop@gagaboo.com or in writing to ul. Solna 3/14, 61-735 Poznań, Poland.
2.1.3. Contact Form – using the Contact Form begins after the Service User performs two consecutive steps – (1) going to the “Contact” tab and (2) clicking the “Send” field on the Online Store’s website after completing the Contact Form. In the Contact Form the Service User must provide the following data: first name, last name, e-mail address and contact phone number. For more efficient service, the Service User may also provide the content of the inquiry.
2.1.3.1. The Contact Form Electronic Service is provided free of charge and is one-time in nature and ends when the message is sent via it or when the Service User stops using it earlier.
2.1.4. Order Form – using the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. The Order is placed after the Customer performs two consecutive steps – (1) after completing the Order Form and (2) clicking on the Online Store website, after completing the Order Form, the field “I am buying. Order with obligation to pay” – until that moment, it is possible to independently modify the entered data (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data regarding the Customer: first name, last name, address (street, house/apartment number, postal code, city), e-mail address, contact phone number and data regarding the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and VAT number (NIP).
2.1.4.1. The Order Form Electronic Service is provided free of charge and is one-time in nature and ends when the Order is placed via it or when the Service User stops placing the Order via it earlier.
2.1.5. Newsletter – using the Newsletter is possible by: (1) checking the appropriate checkbox during the creation of an Account – upon creating the Account, the Service User is subscribed to the Newsletter; (2) checking the appropriate checkbox in the Account settings – upon clicking the “SAVE” field, the Service User is subscribed to the Newsletter; (3) checking the appropriate checkbox during placing an Order via the Order Form – upon placing the Order, the Service User is subscribed to the Newsletter; (4) entering the e-mail address in the “Newsletter” field in the form on the Online Store’s home page and clicking the “SUBSCRIBE” field – upon clicking the “SUBSCRIBE” field, the Service User is subscribed to the Newsletter.
2.1.5.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service User may, at any time and without giving a reason, unsubscribe from the Newsletter (resign from the Newsletter) by – (1) sending an appropriate request to the Service Provider, in particular via e-mail to: shop@gagaboo.com or in writing to ul. Solna 3/14, 61-735 Poznań, Poland; (2) checking the appropriate checkbox in the Account settings – upon clicking the “SAVE” field, the Service User is unsubscribed from the Newsletter.
2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) an up-to-date version of a web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the storage of Cookies and JavaScript support in the web browser.
2.3. The Service User is obliged to use the Online Store in a manner consistent with the law and good practices, respecting the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service User is obliged to enter data consistent with the facts. The Service User is prohibited from providing unlawful content, including Illegal Content.
2.4. The complaint procedure for Electronic Services is indicated in point 6 of the Terms and Conditions.
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has previously placed an Order by means of the Order Form in the Online Store in accordance with point 2.1.4 of the Terms and Conditions.
3.2. The Product price or remuneration for the Product displayed on the Online Store website is given in EUR or other currency chosen in the store by a customer and includes taxes. The Customer is informed on the Online Store pages, including during the placement of the Order and at the moment the Customer expresses the will to be bound by the Sales Contract, about the total price or remuneration including taxes, and where the nature of the Product does not allow, reasonably assessed, for prior calculation of the amount – the manner in which they will be calculated, as well as about delivery costs (including transportation, delivery or postal service charges) and other costs, and where the amount of these charges cannot be determined – about the obligation to pay them. In the case of a Sales Contract for a Product concluded for an indefinite period or including a subscription, the Seller shall provide in the same manner the total price or remuneration covering all payments for the settlement period, and where the Sales Contract provides for a fixed rate – also the total monthly payments.
3.3. Procedure for concluding a Sales Contract in the Online Store by means of the Order Form
3.3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has previously placed an Order in the Online Store in accordance with point 2.1.4 of the Terms and Conditions.
3.3.2. After placing the Order, the Seller shall promptly confirm its receipt and simultaneously accept the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is made by sending the Customer an appropriate e-mail message to the e-mail address provided during the placement of the Order, which contains at least the Seller’s statements of receipt of the Order and its acceptance for processing and confirmation of the conclusion of the Sales Contract. Upon receipt by the Customer of the above e-mail message, a Sales Contract is concluded between the Customer and the Seller.
3.4. Recording, securing and making available to the Customer the content of the concluded Sales Contract is done by: (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2 of the Terms and Conditions. The content of the Sales Contract is additionally recorded and secured in the Seller’s Online Store IT system.
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
4.1. Detailed information on available payment methods is specified in the information tab “How to pay for the order?” (https://www.gagaboo.com/payment-methods) on the Online Store website. The Seller provides the Customer with the following methods of payment under the Sales Contract:
4.1.1. Payment by bank transfer to the Seller’s bank account.
4.1.4. Electronic payments and payments by payment cards Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro via the Klarna or Stripe or PayPal service – the currently available payment methods are provided during the placement of the Order.
4.1.4.1. Settlements of transactions with electronic payments and payment cards are carried out, according to the Customer’s choice, via the Klarna or Stripe or PayPal service. 4.1.5.
4.2. Payment deadline:
4.2.1. In the case of the Customer choosing payment by bank transfer, electronic payments or payment by payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Contract.
4.2.2. In the case of the Customer choosing payment under the Deferred or installment payments Klarna service, the Customer is obliged to make payment in accordance with the agreed repayment schedule.
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product is available in the territory of the European Union and the countries indicated when selecting the delivery address.
5.2. Delivery of the Product to the Customer is subject to a fee unless the Sales Contract provides otherwise. The costs of delivery of the Product (including transportation, delivery and postal services) are indicated to the Customer on the Online Store pages during the placement of the Order, including at the moment the Customer expresses the will to be bound by the Sales Contract.
5.3. The Customer should select the appropriate country when placing the order.
5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.5.1. Courier shipment.
5.5.2. International postal services
5.6. The delivery time of the Product to the Customer is up to 14 Business Days, unless a shorter period is indicated in the description of a given Product or during the placement of the Order. In the case of Products with different delivery times, the delivery time is the longest specified time, which, however, may not exceed 14 Business Days. The start of the delivery time of the Product to the Customer is calculated as follows:
5.6.1. If the Customer selects payment by bank transfer, electronic payments or payment by payment card – from the date the Seller’s bank account or settlement account is credited.
5.6.2. If the Customer selects payment by an installment system or deferred payment – from the date the Seller is notified by the lender of the conclusion of a credit agreement with the Customer, but no later than from the date the Seller’s bank account is credited with the funds from the credit granted to the Customer.
5.6.3. If the Customer selects payment by bank transfer, electronic payments or payment by payment card – from the date the Seller’s bank account or settlement account is credited.
5.6.4. If the Customer selects payment by an installment system or deferred payment – from the date the Seller is notified by the lender of the conclusion of a credit agreement with the Customer, but no later than from the date the Seller’s bank account is credited with the funds from the credit granted to the Customer.
6. COMPLAINT HANDLING PROCEDURE
6.1. This point 6 of the Terms and Conditions sets out the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Contracts, Electronic Services, and other complaints related to the Seller’s or the Online Store’s operation.
6.2. The basis and scope of liability are defined by generally applicable provisions of law, in particular the Civil Code, the Consumer Rights Act, and the Act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended).
6.2.1. Detailed provisions regarding complaints about a Product – a movable item – purchased by the Customer under a Sales Contract concluded with the Seller by 31 December 2022 are defined by the provisions of the Civil Code as in force until 31 December 2022, in particular Articles 556–576 of the Civil Code. These provisions set out, in particular, the basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (statutory warranty). The Seller is obliged to deliver to the Customer a Product free from defects. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under the statutory warranty for a Product purchased as described in the previous sentence towards a Customer who is not a consumer is excluded.
6.2.2. Detailed provisions regarding complaints about a Product – a movable item (including a movable item with digital elements), excluding, however, a movable item that serves exclusively as a carrier of digital content – purchased by the Customer under a Sales Contract concluded with the Seller from 1 January 2023 are defined by the provisions of the Consumer Rights Act as in force from 1 January 2023, in particular Articles 43a–43g of the Consumer Rights Act. These provisions set out, in particular, the basis and scope of the Seller’s liability towards the consumer in case of non-conformity of the Product with the Sales Contract.
6.2.3. Detailed provisions regarding complaints about a Product – digital content or a digital service or a movable item that serves exclusively as a carrier of digital content – purchased by the Customer under a Sales Contract concluded with the Seller from 1 January 2023 or before that date if the delivery of such a Product was to take place or took place after that date are defined by the provisions of the Consumer Rights Act as in force from 1 January 2023, in particular Articles 43h–43q of the Consumer Rights Act. These provisions set out, in particular, the basis and scope of the Seller’s liability towards the consumer in case of non-conformity of the Product with the Sales Contract.
6.3. A complaint may be submitted, for example:
– in writing to the address: ul. Solna 3/14, 61-735 Poznań, Poland;
– in electronic form via e-mail to: shop@gagaboo.com.
6.4. Sending or returning a Product under a complaint may be made to the address: ul. Solna 3/14, 61-735 Poznań, Poland.
6.5. It is recommended to include in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity or lack of conformity with the contract; (2) a request for the method of bringing it into conformity with the contract or a statement on price reduction or withdrawal from the contract or another claim; and (3) contact details of the complainant – this will facilitate and expedite the handling of the complaint. The requirements set out in the preceding sentence are only in the nature of recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.6. In the event of a change in the contact details provided by the complainant during the handling of the complaint, they are obliged to notify the Seller thereof.
6.7. Evidence (e.g., photos, documents, or the Product) related to the subject of the complaint may be attached to the complaint by the complainant. The Seller may also ask the complainant to provide additional information or send evidence (e.g., photos) if this facilitates and expedites the handling of the complaint by the Seller.
6.8. The Seller will respond to the complaint promptly, no later than within 14 calendar days from the date of its receipt.
6.9. The provisions contained in points 6.8.2 and 6.8.3 of the Terms and Conditions concerning the consumer shall also apply to a Customer who is a natural person concluding a contract directly related to their business activity, when it follows from the content of this contract that it does not have a professional nature for this person, in particular resulting from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
7. OUT-OF-COURT COMPLAINT HANDLING AND REDRESS METHODS AND RULES FOR ACCESS TO THESE PROCEDURES
7.1. Methods of dispute resolution without court involvement include, among others: (1) enabling the parties’ positions to be brought closer, e.g., through mediation; (2) proposing a dispute resolution, e.g., through conciliation; and (3) resolving the dispute and imposing its solution on the parties, e.g., in arbitration (an arbitral tribunal). Detailed information on the possibilities for a Customer who is a consumer to use out-of-court complaint handling and redress methods, the rules of access to these procedures and a user-friendly search engine of entities dealing with amicable consumer dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.2. There is a contact point at the President of the Office of Competition and Consumer Protection whose tasks include providing consumers with information on out-of-court settlement of consumer disputes. The consumer may contact the point: (1) by phone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to: kontakt.adr@uokik.gov.pl; or (3) in writing or in person – at the Headquarters of the Office at plac Powstańców Warszawy 1, 00-030 Warszawa, Poland.
7.3. The consumer has the following exemplary possibilities for using out-of-court complaint handling and redress methods: (1) an application for dispute resolution to a permanent amicable consumer court; (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection; or (3) assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (the hotline operates on Business Days from 8:00 a.m. to 6:00 p.m., call charges according to the operator’s tariff).
7.4. [Important – The possibility of filing complaints via the ODR platform expires on 20 March 2025, and the platform itself will be discontinued on 20 July 2025.]
At http://ec.europa.eu/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (the ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the platform’s own website or at the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send a statement before its expiry. The statement of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the address: ul. Solna 3/14, 61-735 Poznań, Poland;
8.1.2. in electronic form via e-mail to: shop@gagaboo.com.
8.2. Returning a Product – movable items (including movable items with digital elements) as part of withdrawal from the contract may be made to the address: ul. Solna 3/14, 61-735 Poznań, Poland.
8.3. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in point 14 of the Terms and Conditions. The consumer may use the sample form, but it is not obligatory.
8.4. The period for withdrawal from the contract begins:
8.4.1. for a contract under which the Seller delivers a Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by them other than the carrier, and in the case of a contract which: (1) includes multiple Products which are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a fixed period – from taking possession of the first of the Products;
8.4.2. for other contracts – from the date of conclusion of the contract.
8.5. In the event of withdrawal from a distance contract, the contract shall be deemed not concluded.
8.6. Products – movable items, including movable items with digital elements:
8.6.1. The Seller is obliged to promptly, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, refund to the consumer all payments made by them, including the costs of delivering the Product – a movable item, including a movable item with digital elements (except for additional costs resulting from the consumer’s chosen method of delivery other than the cheapest ordinary method of delivery available in the Online Store). The Seller shall refund the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for them. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of its return shipment, whichever occurs first.
8.6.2. In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged to promptly, no later than within 14 calendar days from the day on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to send the Product back before its expiry.
8.6.3. The consumer shall be liable for any diminished value of the Product – a movable item (including a movable item with digital elements) – resulting from using it beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7. Products – digital content or digital services:
8.7.1. In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service – the Seller, from the date of receipt of the consumer’s statement of withdrawal, may not use content other than personal data provided or created by the consumer while using the Product – digital content or a digital service – supplied by the Seller, except for content that: (1) is useful only in relation to the digital content or digital service that was the subject of the contract; (2) relates exclusively to the consumer’s activity during the use of the digital content or digital service supplied by the Seller; (3) has been combined by the trader with other data and cannot be separated from them or can be separated only with disproportionate efforts; (4) has been generated by the consumer together with other consumers who can still use it. Except for the cases referred to above in points (1)–(3), at the consumer’s request the Seller shall make available to them content other than personal data that was provided or created by the consumer while using the digital content or digital service supplied by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer’s access to the digital content or digital service or by blocking the user account, which does not affect the consumer’s rights referred to in the previous sentence. The consumer has the right to retrieve digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.
8.7.2. In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service, the consumer is obliged to cease using this digital content or digital service and making it available to third parties.
8.8. Possible costs related to the consumer’s withdrawal from the contract to be borne by the consumer:
8.8.1. In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.8.2. In the case of Products – movable items (including movable items with digital elements) – the consumer shall bear the direct costs of returning the Product.
8.8.3. In the case of a Product – a service – the performance of which, at the consumer’s express request, began before the expiry of the withdrawal period, a consumer who exercises the right of withdrawal after having made such a request is obliged to pay for the services provided up to the moment of withdrawal from the contract. The amount of payment shall be calculated proportionally to the scope of the service performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service performed.
8.9. The right of withdrawal from a distance contract does not apply to the consumer with regard to contracts:
8.9.1. (1) for the provision of services for which the consumer is obliged to pay a price, if the Seller has fully performed the service with the consumer’s express and prior consent, who was informed before the start of the performance that after the Seller has performed the service the consumer will lose the right to withdraw from the contract, and acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the withdrawal period; (3) in which the subject of the performance is a Product – a movable item (including a movable item with digital elements) – not prefabricated, produced according to the consumer’s specifications or serving to meet the consumer’s individual needs; (4) in which the subject of the performance is a Product – a movable item (including a movable item with digital elements) – liable to deteriorate rapidly or having a short shelf life; (5) in which the subject of the performance is a Product – a movable item (including a movable item with digital elements) – delivered in a sealed package, which after opening the package cannot be returned for health protection or hygiene reasons, if the package was opened after delivery; (6) in which the subject of the performance is Products – movable items (including movable items with digital elements) – which after delivery, due to their nature, become inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the performance is alcoholic beverages, the price of which was agreed at the conclusion of the Sales Contract, and the delivery of which can take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested the Seller to come to them in order to carry out an urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or delivers Products – movable items (including movable items with digital elements) – other than spare parts necessary to carry out the repair or maintenance, the consumer has the right to withdraw from the contract with regard to the additional services or Products; (9) in which the subject of the performance is audio or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract; (11) concluded by public auction; (12) 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, sporting or cultural events, if the contract specifies the day or period of the service; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay a price, if the Seller has begun the performance with the consumer’s express and prior consent, who was informed before the start of the performance that after the Seller has performed the service the consumer will lose the right to withdraw from the contract, and acknowledged this, and the Seller provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay a price, in cases where the consumer expressly requested the Seller to come to them in order to carry out a repair, and the service has already been fully performed with the consumer’s express and prior consent.
8.10. The provisions contained in this point 8 of the Terms and Conditions concerning the consumer apply from 1 January 2021 and, for contracts concluded from that date, also to the Service User or Client who is a natural person concluding a contract directly related to their business activity, where it follows from the content of this contract that it does not have a professional character for that person, in particular arising from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9. CONTRACTUAL RIGHT OF WITHDRAWAL FROM THE CONTRACT
9.1. Regardless of the statutory right to withdraw from the contract without giving any reason, referred to in point 8 of the Terms and Conditions, and the right to lodge a complaint, referred to in point 6 of the Terms and Conditions, a Client who is a consumer and who has concluded a Sales Contract for a Product may exercise the contractual right to withdraw from the contract under the rules indicated in this point of the Terms and Conditions.
9.2. Under the contractual right of withdrawal from the contract, the consumer may withdraw from the Sales Contract for a Product without giving any reason also after the expiry of the 14-day withdrawal period indicated in point 8 of the Terms and Conditions, but before the expiry of 30 calendar days from the date of receiving the Product, provided that the consumer cumulatively meets the following requirements: (1) no signs of use and no damage to the returned Product; and (2) return of the Product in the original packaging in which it was delivered by the Seller.
9.3. To meet the deadline for withdrawal from the Sales Contract in accordance with this point of the Terms and Conditions, it is necessary that the Seller receive, before its expiry, the consumer’s statement of withdrawal together with the returned Product.
9.4. In the event that the consumer exercises the contractual right of withdrawal from the contract in accordance with this point of the Terms and Conditions, the Seller shall refund to the consumer the price under the Sales Contract, excluding the costs of delivery of the Product to the consumer.
9.5. The consumer shall be liable for any decrease in the value of the Product, including such decrease resulting from damage by the consumer to the original tags, labels and packaging of the Product.
9.6. In matters not regulated in this point, point 8 of the Terms and Conditions concerning the statutory right of withdrawal shall apply accordingly, in particular with regard to the beginning of the period for withdrawal from the contract, the effects and costs of withdrawal, and the exceptions to the right of withdrawal.
10. PROVISIONS CONCERNING ENTREPRENEURS
11.
10.1. This point 10 of the Terms and Conditions and all provisions contained therein are addressed and thus binding exclusively on a Client or Service User who is not a consumer, and from 1 January 2021 and for contracts concluded from that date also not a natural person concluding a contract directly related to their business activity, where it follows from the content of this contract that it does not have a professional character for that person, in particular arising from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
10.2. The Seller has the right to withdraw from the Sales Contract within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Contract in this case may occur without giving any reason and does not give rise to any claims by the Client against the Seller.
10.3. The Seller’s liability under warranty for the Product or for lack of conformity of the Product with the Sales Contract is excluded.
10.4. The Seller shall respond to a complaint within 30 calendar days from the date of its receipt.
10.5. The Seller has the right to limit the available methods of payment, including also requiring advance payment in whole or in part, regardless of the method of payment chosen by the Client and the fact of concluding the Sales Contract.
10.6. The Service Provider may terminate the contract for the provision of an Electronic Service with immediate effect and without stating reasons by sending the Service User an appropriate statement.
10.7. The liability of the Service Provider/Seller towards the Service User/Client, regardless of its legal basis, is limited—both within a single claim and for all claims in total—to the amount of the price paid and the delivery costs under the Sales Contract, but not more than to the amount of one thousand zlotys. The monetary limitation referred to in the preceding sentence applies to all claims directed by the Service User/Client against the Service Provider/Seller, including in the event of failure to conclude a Sales Contract or claims not related to the Sales Contract. The Service Provider/Seller is liable towards the Service User/Client only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits. The Seller is also not liable for delay in the carriage of the parcel.
10.8. Any disputes arising between the Seller/Service Provider and the Client/Service User shall be submitted to the court having jurisdiction over the Seller’s/Service Provider’s registered office.
11. PRODUCT REVIEWS
11.1. The Seller enables its Clients to submit and access reviews of Products and of the Online Store under the rules set out in this point of the Terms and Conditions.
11.2. A review may be submitted by the Client after using a form that allows adding a review of a Product or of the Online Store. This form may be made available directly on the Online Store website (including via an external widget) or may be made available via an individual link received by the Client after purchase at the email address provided by them. When adding a review, the Service User may also add a graphic rating or a photo of the Product—if such an option is available in the review form.
11.3. A review of a Product may be submitted only for Products actually purchased in the Seller’s Online Store and by a Client who purchased the reviewed Product. It is prohibited to conclude fictitious or sham Sales Contracts for the purpose of submitting a Product review. A review of the Online Store may be submitted by a person who is a Client of the Online Store.
11.4. Adding reviews by Clients may not be used for unlawful activities, in particular for acts constituting an act of unfair competition, or for activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties. By adding a review, the Client is obliged to act in accordance with the law, these Terms and Conditions and good practices.
11.5. Reviews may be made available directly on the Online Store website (e.g. at a given Product) or on an external review-collecting service with which the Seller cooperates and to which the Online Store website refers (including via an external widget placed on the Online Store website).
11.6. The Seller ensures that published reviews of Products come from its Clients who purchased the given Product. To this end, the Seller takes the following actions to verify whether the reviews come from its Clients:
11.6.1. Publishing a review submitted via a form available directly on the Online Store website requires prior verification by the Seller. Verification consists in checking the compliance of the review with the Terms and Conditions, in particular checking whether the reviewing person is a Client of the Online Store—in this case the Seller checks whether this person made a purchase in the Online Store, and in the case of a Product review additionally checks whether they purchased the reviewed Product. Verification takes place without undue delay.
11.6.2. The Seller sends its Clients (including via an external review-collecting service with which it cooperates) an individual link to the email address provided by them at the time of purchase—thus access to the review form is obtained exclusively by the Client who purchased the Product in the Online Store.
11.6.3. In case of doubts of the Seller or reservations addressed to the Seller by other Clients or third parties as to whether a given review comes from a Client or whether a given Client purchased a given Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm that they are indeed a Client of the Online Store or have purchased the reviewed Product.
11.7. Any comments, appeals against the verification of reviews, or reservations as to whether a given review comes from a Client or whether a given Client purchased a given Product may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions.
11.8. The Seller does not post or commission another person to post untrue reviews or recommendations of Clients and does not distort Clients’ reviews or recommendations to promote its Products. The Seller makes available both positive and negative reviews. The Seller does not provide sponsored reviews.
12. ILLEGAL CONTENT AND OTHER CONTENT NON-COMPLIANT WITH THE TERMS AND CONDITIONS
12.1. This point of the Terms and Conditions contains provisions arising from the Digital Services Act insofar as it concerns the Online Store and the Service Provider. The Service User is as a rule not obliged to provide content when using the Online Store, unless the Terms and Conditions require the provision of specific data (e.g. data for placing an Order). The Service User may have the option to add a review or comment in the Online Store using tools provided for this purpose by the Service Provider. In every case of providing content by the Service User, they are obliged to comply with the rules contained in the Terms and Conditions.
12.2. CONTACT POINT – The Service Provider designates the email address shop@gagaboo.com as a single contact point. The contact point enables direct communication of the Service Provider with the authorities of the Member States, the European Commission and the Digital Services Board and at the same time enables recipients of the service (including Service Users) direct, quick and user-friendly communication with the Service Provider by electronic means for the purposes of applying the Digital Services Act. The Service Provider indicates Polish as the language for communication with its contact point.
12.3. Procedure for reporting Illegal Content and actions in accordance with Article 16 of the Digital Services Act:
12.3.1. To the email address shop@gagaboo.com any person or any entity may report to the Service Provider the presence of specific information which that person or entity considers to be Illegal Content.
12.3.2. The notification should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates making notifications to the above email address containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the information reported constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as an exact URL or exact URLs, and, where appropriate, additional information enabling the identification of the Illegal Content, according to the type of content and the specific type of service; (3) the first and last name or name and the email address of the person or entity making the notification, except for a notification concerning information considered to be related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the person or entity making the notification that the information and allegations contained therein are correct and complete.
12.3.3. The notification referred to above shall be considered as giving rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act with respect to the information to which it relates, if it enables the Service Provider, acting with due diligence, to determine—without detailed legal analysis—the illegal nature of the given activity or information.
12.3.4. If the notification contains electronic contact details of the person or entity that made the notification, the Service Provider shall without undue delay send such person or entity an acknowledgment of receipt of the notification. The Service Provider shall also, without undue delay, inform such person or entity of its decision regarding the information to which the notification relates, providing information on the possibilities of appealing the decision taken.
12.3.5. The Service Provider examines all notifications it receives under the mechanism referred to above and takes decisions regarding the information to which the notifications relate in a timely, non-arbitrary and objective manner and with due diligence. If, for the purpose of such examination or decision-making, the Service Provider uses automated means, it shall include information on this in the notification referred to in the preceding point.
12.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store with regard to information provided by Service Users:
12.4.1. The Service User is bound by the following rules when providing any content within the Online Store:
12.4.1.1. the obligation to use the Online Store, including to post content (e.g. within reviews or comments), in accordance with its intended purpose, these Terms and Conditions, and in a manner consistent with the law and good practices, with due regard to the protection of personal rights and copyrights and intellectual property of the Service Provider and third parties;
12.4.1.2. the obligation to provide content consistent with the facts and in a non-misleading manner;
12.4.1.3. a prohibition on providing unlawful content, including a prohibition on providing Illegal Content;
12.4.1.4. a prohibition on sending unsolicited commercial information (spam) via the Online Store;
12.4.1.5. a prohibition on providing content that violates commonly accepted netiquette rules, including content that is vulgar or offensive;
12.4.1.6. the obligation to have—where necessary—all required rights and permissions to provide such content on the Online Store pages, in particular copyrights or required licences, permits and consents for its use, distribution, sharing or publication, especially the right to publish and distribute it in the Online Store and the right to use and distribute an image or personal data in the case of content that includes the image or personal data of third parties;
12.4.1.7. the obligation to use the Online Store in a manner that does not create a threat to the security of the Service Provider’s ICT system, the Online Store or third parties.
12.4.2. The Service Provider reserves the right to moderate content provided by Service Users on the Online Store website. Moderation is carried out in good faith and with due diligence and on the Service Provider’s own initiative or upon a received notification, in order to detect, identify and remove Illegal Content or other content non-compliant with the Terms and Conditions or to block access to it, or to take the necessary measures to comply with European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms and Conditions.
12.4.3. The moderation process may be carried out manually by a human or be based on automated or partially automated tools that help the Service Provider identify Illegal Content or other content non-compliant with the Terms and Conditions. After identifying such content, the Service Provider decides whether to remove or block access to the content, or otherwise limit its visibility, or take other actions it deems necessary (e.g. contact the Service User to clarify reservations and change the content). The Service Provider shall inform, in a clear and easily understandable manner, the Service User who provided the content (if it has their contact details) of its decision, the reasons for it, and the available possibilities of appealing that decision.
12.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
12.5. Any comments, complaints, appeals or reservations regarding decisions or other actions or inactions taken by the Service Provider on the basis of a received notification or a decision taken by the Service Provider in accordance with the provisions of these Terms and Conditions may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions. The use of this procedure is free of charge and enables the submission of complaints electronically to the indicated email address. The use of the notification and complaint-handling procedure is without prejudice to the right of the person or entity to institute court proceedings and does not affect their other rights.
12.6. The Service Provider examines any comments, complaints, appeals or reservations regarding decisions or other actions or inactions taken by the Service Provider on the basis of a received notification or a decision taken in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other notification contains sufficient reasons for the Service Provider to consider that its decision not to act in response to the notification is unjustified or that the information to which the complaint relates is not illegal and not non-compliant with the Terms and Conditions, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider shall without undue delay revoke or amend its decision regarding the possible removal or blocking of access to the content or otherwise limiting its visibility, or take other actions it deems necessary.
12.7. Service Users, persons or entities who made a notification of Illegal Content, to whom the decisions of the Service Provider concerning Illegal Content or content non-compliant with the Terms and Conditions are addressed, have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of a Member State to resolve disputes concerning those decisions, including complaints that were not resolved within the Service Provider’s internal complaint-handling system.
13. FINAL PROVISIONS
13.1. Contracts concluded via the Online Store are concluded in the Polish language.
13.2. Amendment of the Terms and Conditions:
13.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, that is: changes in the law; changes in methods or deadlines for payments or deliveries, being subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; adding new Electronic Services; the necessity to counter an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Users/Clients against fraud, malware, spam, data breaches or other cybersecurity threats—to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
13.2.2. Notification of the proposed changes is sent at least 15 days before the date on which those changes take effect, provided that a change may be introduced without maintaining the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation under which it is obliged to amend the Terms and Conditions in a manner that prevents it from meeting the 15-day notice period; or (2) must, by way of exception, amend its Terms and Conditions in order to counter an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Users/Clients against fraud, malware, spam, data breaches or other cybersecurity threats. In the two latter cases referred to in the preceding sentence, the changes take effect immediately, unless it is possible or necessary to apply a longer period for the introduction of changes, of which the Service Provider shall inform in each case.
13.2.3. In the case of contracts of a continuous nature (e.g. provision of an Electronic Service – Account), the Service User has the right to terminate the contract with the Service Provider before the expiry of the notice period for the proposed changes. Such termination becomes effective within 15 days from the date of receipt of the notification. In the case of concluding a contract of a continuous nature, the amended Terms and Conditions are binding on the Service User if they were duly notified of the changes, in accordance with the notice period before their introduction, and did not terminate the contract during that period. Additionally, at any time after receiving the notification of changes, the Service User may accept the changes being introduced and thus waive the further duration of the notice period. In the case of concluding a contract of a nature other than continuous contracts, amendments to the Terms and Conditions shall in no way infringe the rights acquired by the Service User before the date on which the amendments to the Terms and Conditions take effect; in particular, amendments to the Terms and Conditions shall not affect Orders already placed or submitted and Sales Contracts concluded, performed or fulfilled.
13.2.4. In the event that the amendment of the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the consumer has the right to withdraw from the contract.
13.3. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
14. TEMPLATE OF THE WITHDRAWAL FORM
(ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
Template of the withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
– Addressee:
GAGABOO
BANANABYTE SP. Z O.O.
ul. Solna 3/14, 61-735 Poznań
email address: shop@gagaboo.com
and the contact phone number for the courier: +48 502 587 646.
– I/We() hereby inform() of my/our withdrawal from the contract of sale of the following goods() the contract for the supply of the following goods() the contract for specific work consisting in the manufacture of the following goods()/for the provision of the following service()
– Date of conclusion of the contract()/receipt()
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if this form is sent on paper)
– Date
(*) Delete as appropriate.