The online store operating under the electronic address www.en.gaia.com.pl is dealing in trade, offering sale of women's underwear. The store offers mail orders in the United Kingdom.
These Terms and Conditions apply to consumer sales within the meaning of the Act of 30 May 2014 on consumer rights (Dz. U. of 2014 item 827) shall apply. The consumer is understood as defined in Article 22¹ of the Civil Code. Clients who order the goods in the online shop shall read the contents of these Terms and Conditions. When making the order, the Client shall be asked to accept the provisions of these Terms and Conditions by using the feature provided, i.e. the check-box.
The online store is owned by “GAIA Sp. z o.o.” based in Białystok, Al. 1000-lecia Państwa Polskiego 6, 15–111 Białystok, entered into the register of entrepreneurs, kept by the District Court in Białystok, 12th Division of the National Court Register under the number 0000225494, NIP: 542-243-86-03, REGON 050586395, with the share capital of PLN 1,400,000, fully paid (the Seller)
By a letter addressed to 15-111 Bialystok, Al. 1000-lecia Państwa Polskiego 6
The business involves the sale of women's underwear. The Seller is obliged to deliver goods free from defects.
The prices of the products on offer are indicated on the website at each item. The prices indicated are gross prices (including VAT) in British pound.
In addition, for shipped goods, the cost of shipping is added to the price of the product (except for collection in person).
The cost of shipping depends on the delivery method selected. The cost of shipping is displayed when making the order, depending on the option selected. Also, the store's main page features a tab with the information on shipping costs and methods. Items are shipped when the Seller receives full payment for the goods ordered.
9. The goods, as selected by the Client, are delivered as follows:
By courier (DPD) – approximate delivery time: 5 business days after order placement
Collection in person in the store “Gaia” in Galeria C.H. Alfa, ul. Świętojańska 13, Białystok, II floor, shop no. 42
The manner of collecting the shipment from the Carrier is determined by the Carrier.
The prices of products as indicated on the store's website at the time of placing the order shall be binding. All products currently on offer in the online store shall be available.
Payment for the goods ordered may be made:
By money transfer
By PayPal system
The consumer shall have the right to withdraw from this agreement within 14 days without stating any reason. The withdrawal period expires 14 days after the date when the Consumer has entered into possession of the goods, or when a third party, other than the carrier, and designated by the Consumer, has entered into possession of the goods. In order to exercise the right of withdrawal, the Consumer must inform the Seller, i.e. GAIA Spółka z ograniczoną odpowiedzialnością, Al. 1000-lecia Państwa Polskiego 6, 15-111 Białystok, tel. 856642307, fax 856641306, e-mail firstname.lastname@example.org about his/her decision to withdraw from the agreement by way of an express statement (for example, a letter sent by post, fax or e-mail). The Consumer may or may not use the withdrawal form template available on the store's main page (withdrawal form in pdf format). In order to observe the withdrawal period, it is only necessary to send the information on the exercise of the right to withdraw from the agreement enjoyed by the Consumer before the the withdrawal period expires.
14. In the event of withdrawal from this agreement, the Seller shall return to the Consumer any payment received from him/her, including the cost of delivery of the goods (except for any additional costs due to the Consumer selecting a delivery method other than the cheapest standard delivery method offered by the Seller) immediately, and always no more than 14 days after the date of becoming aware the Consumer's decision to exercise the right of withdrawal from the agreement. The payment shall be returned by the Seller using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer explicitly consented to another return manner that entails no costs to the Consumer. The Seller may withhold returning the payment until receiving the goods or until receiving proof that they had been sent back, whichever occurs first. Items should be sent or brought to the Seller to the address GAIA Spółka z ograniczoną odpowiedzialnością, ul. 1000 lecia Państwa Polskiego 6, 15-111 Białystok immediately and always no later than 14 days after the date when the Consumer informed the Seller of withdrawing from the agreement. This period is deemed to be observed if the item is sent back within 14 days. The Consumer shall bear the direct cost of returning the item as a result of withdrawal. The Consumer is liable only for the reduction of the value of the item that results from using it in a manner other than necessary to establish the nature, characteristics and functioning of the item.
Complaint handling procedure:
As regards complaints of goods purchased by Consumers in the online store operated by GAIA spółka z ograniczoną odpowiedzialnością, Al. 1000-lecia Państwa Polskiego 6, 15-111 Białystok (the Seller), the following complaint procedure applies:
The Seller is obliged to deliver goods free from defects. The Seller is liable to the buyer if the item sold has a legal or physical defect (warranty). Prior to being shipped to the Client, goods are checked for any damage of the packaging.
The Seller does not provide a guarantee for the goods sold.
The Seller is not a participant in the code of good practices referred to in Art. 2. 5 of the Act of 23 August 2007 on counteracting unfair market practices.
Complaints may also be submitted by post to the address indicated above. The complaint letter must be accompanied by a completed complaint form, available below.
In parallel with submitting a complaint it is required to send the purchased goods to the address of the Seller indicated above. The shipment should be delivered so as to secure the items shipped in line with the rules described in subparagraphs h) and i). The Seller does not accept COD shipments. For justified complaints, the costs of replacement and repair of the item shall be borne by the Seller.
The Seller shall reply to the complaint within 14 days of receiving the shipment with the goods under complaint. The reply shall be sent to the address indicated in the complaint form. If, as a result of the complaint, the Seller makes a refund for the goods purchased, money transfer or postal transfer shall be sent in line with the information indicated in the complaint form.
If the complaint turns out to be justified, the Seller shall reimburse the Buyer for the justified cost of shipping the product under complaint. The Seller is obliged to accept a defective item from the buyer if exchanging the item for another free from defects or withdrawing from the agreement.
The returned product, previously purchased from the Seller, should be:
clean and odourless
complete (product markings and tags, push-up pads etc.)
packed in padded cardboard box to secure the product and its packaging
The returned product should be accompanied by:
the original receipt or invoice (proof of purchase at the Seller)
At the stage preceding the court proceedings, the Consumer has the option to attempt to settle a dispute by way of mediation through the municipal (district) consumer ombudsman or consumer organisations, including the Consumer Federation, and to use the assistance of a fixed arbitration consumer court at the Provincial Inspectorates of Trade Inspection in line with the procedures specified by law. The use of the aforementioned options to resolve disputes is voluntary.
In order to conclude an agreement (make a purchase), it is necessary to to do the following:
Select specific goods
Select the delivery and payment method
Specify the details (if applicable)
Read and accept the information and rules provided
Place an order under payment obligation.
The sales agreement is concluded in Polish and is governed by Polish law.
Personal data protection:
Personal data of the Client provided when placing the order are included in the seller's database. The seller may process these data only for the purpose of completing the order made by the Client. The Client consesnt to the above upon submitting the order.
The personal data shall be administered by „Gaia Sp. z o.o.” based in Białystok, Al. 1000-lecia Państwa Polskiego 6, 15-111 Białystok
Personal data is protected pursuant to the Personal Data Protection Act of 29 August 1997 (Dz. U. No. 133 item 833) in a way that prevents it from being accessed by third parties. The Client has the full right to access his/her personal data, modify it and remove it.
All correspondence should be addressed as indicated in paragraph 14.