The Contract may be concluded by the Buyer and the Seller in two ways. Before placing an order, the Buyer has the right to negotiate any provisions of the Contract with the Seller, including changing the provisions of the following terms and conditions. These negotiations should be in writing and sent to the Seller's address (R-GOL Sp. z o. o. (formely R-GOL Marcin Radziwon Sp. K.), Górka 3D, 14-100 Ostróda, Poland, TIN: 741-213-29-44).
In case the Buyer declines the opportunity to conclude a Contract through individual negotiations, the following rules and any relevant laws shall apply.
The Regulations constitute a model Contract, the content of which may not, regardless of any actions of the Seller, violate the rights of the Buyer.
§1 Definitions
Postal address – a place in a given locality (in the case of a locality divided into streets: street, building number, apartment or premises number; in the case of a locality not divided into streets: the name of the locality and property number), postal code and locality.
- Address for complaints:
R-GOL Sp. z o. o. (formely R-GOL Marcin Radziwon Sp. K.)
Górka 3D
14-100 Ostróda
Poland Delivery price list – available at www.R-GOL.club/delivery-r-club - a summary of available types of delivery and their costs.
- Contact details:
R-GOL Sp. z o. o. (formely R-GOL Marcin Radziwon Sp. K.)
Górka 3D
14-100 Ostróda
Poland
e-mail: [email protected] Order delivery method – determination of the carrier and cost listed in the delivery price list available at www.R-GOL.club/delivery-r-club
Proof of purchase – nvoice, receipt, issued in accordance with the Act on Value Added Tax of 11 March 2004, as amended, and other relevant laws.
Product sheet – a single sub-page of the store containing information about a single product.
Customer – a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to its economic or professional activity.
Civil Code – the Civil Code Act of 23 April 1964, as amended.
Code of Good Practice – a set of rules of conduct, and in particular ethical and professional standards, as referred to in Article 2(5) of the Act on Counteracting Unfair Market Practices of 23 August 2007, as amended.
Consumer – a natural person making a purchase from the Seller that is not directly related to its business or professional activity. The provisions of these regulations relating to the Consumer shall also apply to an adult natural person with full legal capacity entering into a Contract directly related to their business activity, when the content of this Contract indicates that it is not of a professional nature for that person, arising in particular from the subject of their business activity, made available based on the provisions of the Central Registration and Information on Business.
Basket – a list of products compiled from the products offered in the store based on the Buyer's choices.
Buyer – both the Consumer and the Customer.
Place of delivery of the item - the postal address or collection point indicated in the order by the Buyer.
Moment of delivery of the item - the moment when the Buyer or a third party designated by the Buyer for collection takes possession of the thing.
Payment – the method of payment for the subject of the Contract and delivery described at www.R-GOL.club/delivery-r-club
Consumer law - Act on Consumer Rights of 30 May 2014.
Goods - the minimum and indivisible quantity of items that can be a subject of an order, explicitly determined in the Seller's store as a unit in its own right when determining the order price (price/unit).
Act - the Act of 30 May 2014 on Consumer Rights Journal of Laws of 2014, item 827, as amended.
Subject of the Contract - products, services and delivery that are the subject of the Contract.
Pickup point - the place of delivery of an item that is not a postal address, mentioned in the listing provided by the Seller in the store.
Store - Internet site available at www.R-GOL.com, through which the Buyer can place an order.
- Seller:
R-GOL Sp. z o. o. (formely R-GOL Marcin Radziwon Sp. K.)
Górka 3D
14-100 Ostróda
TIN: 741-213-29-44 , KRS: 0001034546 System - a set of cooperating IT devices and software, providing processing and storage, as well as sending and receiving data through telecommunications networks by means of a terminal device appropriate for the type of network, applies to the Internet.
Lead time - the number of hours or business days specified in the basket.
Contract - a Contract concluded off-premises or at a distance within the meaning of the Act on Consumer Rights of 30 May 2014 for Consumers and a Contract of sale within the meaning of Article 535 of the Civil Code Act of 23 April 1964 for Buyers.
Defect - both a physical defect and a legal defect.
Physical defect - non-conformity of the sold item with the Contract, in particular if the item:
- Does not have the characteristics that an item of this kind should have in view of the purpose specified in the Contract or resulting from the circumstances or intended use;
- Does not have the properties, about the existence of which the Seller assured the Consumer,
- Was delivered to the Consumer in an incomplete condition;
- Does not have the characteristic that was assured by the manufacturer or its representative or the person who places the item on the market in the scope of their business activity and the person who, by placing their name, trademark or other distinctive sign on the sold item, presents themselves as the manufacturer, unless the Seller did not know or, judging reasonably, could not know these assurances or they could not have influenced the Consumer's decision to conclude the Contract, or if their content was corrected before the conclusion of the Contract.
Legal defect - a situation when the item sold is owned by a third party or is encumbered by a right of a third party, and also if the restriction on the use or disposal of the item results from a decision or ruling of a competent authority.
Order - a declaration of will of the Buyer made through the store, specifying unambiguously: the type and quantity of products; type of delivery; type of payment; place of delivery of the items, Buyer's data and aiming directly at concluding a Contract between the Buyer and the Seller.
§2 General provisions
The Contract is concluded in the language and in accordance with the laws of the country to which the delivery of goods is made.
We deliver goods on the territory of Poland, and unlimitedly outside Poland, in particular to the following countries: Czech Republic, Slovakia, Romania, Bulgaria, Hungary, Croatia, Greece, Slovenia, Ukraine, Türkiye.
The Seller undertakes to provide services and deliver items free of defects.
All prices quoted by the Seller are expressed in the currency of the country to which the delivery is made and are gross prices (they include the VAT rate appropriate for the country). Product prices do not include the cost of delivery, which is specified in the delivery price list.
All time limits are counted in accordance with the provisions of the Civil Code, that is, a time limit specified in days ends with the expiration of the last day, and if the beginning of a time limit specified in days is a certain event, the day on which this event occurred is not included in the calculation of the time limit.
Confirmation, access, recording, securing of all material provisions of the Contract for future access to such information shall have the following form:
- Confirmation of the conclusion of the Contract by sending to the following to the e-mail address indicated by the Buyer: order information as stated in §1(30). If the Buyer is a Consumer, the Seller also sends a link to the information on the right to withdraw from the Contract, to the above-mentioned e-mail address, as stipulated in Article 13 of the Act on Consumer Rights, a link to the current version of the regulations and a link to the model statement on withdrawal from the Contract;
- A printed proof of purchase attached to the completed order, sent to the designated place of delivery of the item.
The Seller shall not charge any fees for communicating with the Seller by means of distance communication, and the Buyer shall bear the costs thereof in the amount resulting from the Contract they have concluded with a third party providing them with a particular service that enables remote communication.
The Seller shall ensure to the buyer using the system that the store will work correctly in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with horizontal resolution above 1024 px. The use of third-party software that affects the operation and functionality of web browsers may affect the correct displaying of the store, so to obtain full functionality of the store www.R-GOL.com, you should disable them all.
The Buyer can choose the option of remembering their data by the store so the process of placing another order is easier. For this purpose, the Buyer should provide the login and password necessary to access their account. The login and password are a string of characters chosen by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties.
* The Buyer can view, correct, update the data and delete the account in the store at any time.The Seller complies with the Code of Good Practice.
The Buyer is obliged:
- Not to provide or transmit content that is prohibited by law, e.g. content that promotes violence, is defamatory or infringes personal rights and other rights of third parties,
- To use of the store in a way that does not interfere with its operation, in particular through the use of malicious software or devices,
- Not to take actions such as: sending or posting unsolicited commercial information (spam) within the store;
- To use the Internet Store in a manner not burdensome to other Buyers and to the Seller,
- To use any content posted within the store only for their own personal use,
To use the store in a manner consistent with the provisions of the law in force in the Republic of Poland, the provisions of the Rules of Procedure, as well as with the general principles of netiquette.
§3 Conclusion and implementation of the Contract
Orders can be placed 24 hours a day.
To place an order, the Buyer should perform at least the following steps, some of which may be repeated several times:
- Adding a product to the basket;
- Selecting a type of delivery;
- Selecting a payment method;
- Selecting a place of delivery of the item;
- Placing an order in the store through the "Buy and pay" button.
The Contract is concluded with the Consumer when the order is placed.
Execution of the Consumer's order paid on delivery shall be carried out immediately, and the order paid by a bank transfer or through an electronic payment system is executed after the Consumer's payment is credited to the Seller's account, which should be done within 5 days of placing the order, unless the Consumer was unable to fulfill the performance through no fault of their own and informed the Seller about it.
The Contract is concluded with the Customer when the Seller accepts the order, of which it informs the Customer immediately after placing the order.
Execution of the Customer's order may be subject to payment of all or part of the order value or obtaining a trade credit limit of at least the order value or the Seller's consent to send the order paid on delivery.
The subject of the Contract is shipped within the period specified in the product sheet, and for orders made up of multiple products, within the longest time limit specified on the product sheets. The time limit begins to run when the order is processed.
The purchased Goods are, together with the proof of purchase selected by the Buyer, shipped, according to the type of delivery selected by the Buyer, to the place of delivery indicated by the Buyer in the order, together with the enclosed attachments referred to in § 1(21).
§4 Right to withdraw from the Contract
The Consumer, based on Article 27 et seq. of the Act on Consumer Rights, has the right to withdraw from a Contract concluded off-premises, without giving any reason and without incurring any costs, except for the costs specified in Article 33, 34(2) of the Act, according to Article 34(2) of the Act, the Consumer shall bear only the direct costs of returning the item.
According to Article 32(3) of the Act, if the Seller has not offered to take the goods back from the Consumer on its own, it may withhold reimbursement of payments received from the Consumer until it receives the goods back or the Consumer provides proof of their return, whichever event occurs first.
The deadline for withdrawal from a Contract concluded at a distance, which is 30 days and is calculated from the date of delivery of the last item that is the subject of the order. To meet the deadline for withdrawal from the Contract, it is sufficient to send the statement of withdrawal before the expiration of the 30-day period. If the Consumer was not informed by the trader of the right to withdraw from the Contract, the right expires 12 months after the expiration of the time limit referred to in Article 27 of the Act.
The declaration of withdrawal can be submitted by the Consumer on the form, the model of which is attached as Appendix 2 to the Act on Consumer Rights available at www.R-GOL.com/en/statement_of_withdrawal_R-GOL_EN or in another form in accordance with the Consumer Law.
The Seller shall immediately confirm to the Consumer by e-mail (provided at the conclusion of the Contract or other if provided in the submitted statement) the receipt of the statement of withdrawal.
In the event of withdrawal from the Contract, the Contract is considered not concluded.
The Consumer is obliged to return the goods to the trader or give them to a person authorized by the trader to collect them immediately, but no later than 14 days from the day on which they withdrew from the Contract, unless the trader offered to collect the goods themselves. To meet the deadline it is sufficient to send back the goods before the deadline expires.
The Consumer sends back the items that are the subject of the Contract from which they have withdrawn at their own expense and risk.
The Consumer shall bear no costs of delivering any digital content that is not recorded on a tangible medium, if they have not consented to the performance before the expiration of the deadline for withdrawal from the Contract or have not been informed of the loss of their right of withdrawal at the time of giving such a consent, or the trader has not provided the confirmation in accordance with Articles 15(1) and 21(1) of the Act on Consumer Rights.
The Consumer shall be liable for any diminution in the value of the item resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the item.
The Seller shall immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the Contract made by the Consumer, return all payments made by the Consumer, including the cost of delivery of the item. If the Consumer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred by the Consumer.
The seller shall reimburse the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to another method of payment that does not involve any cost to the Consumer.
The Seller may withhold reimbursement of the payment received from the Consumer until it receives the item back or the Consumer provides proof of its return, whichever occurs first.
The Consumer, according to Article 38 of the Act, has no right to withdraw from the Contract:
- 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 expiration of the deadline for withdrawal from the Contract;
- Where the subject of performance is a non-prefabricated good, manufactured to the Consumer's specifications or personalized by the methods offered in the store;
- In which the object of performance is goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
- Where the subject of performance is items that, after delivery, due to their nature, become inseparable from other items;
- Where the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
- For the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the Contract and after the trader has informed the Consumer of the loss of the right of withdrawal;
§5 Non-conformity of goods with the Contract
With regard to the rights of the Consumer in the event of non-conformity of goods with the Contract, the provisions of the Act on Consumer Rights shall apply, in particular the provisions of Chapter 5a, Article 43d-43e of the Act.
In the case the Contract is concluded with the Customer, if a physical defect is discovered before the expiration of one year from the time of delivery of the sold thing, it is assumed that it existed at the time when the danger passed to the Consumer.
If the goods do not conform to the Contract, the Consumer may demand their repair or replacement.
The Seller may make an exchange when the Consumer demands a repair, or the trader may make a repair when the Consumer demands a replacement, if bringing the goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the trader. If repair and replacement are impossible or would require excessive costs for the trader, it may refuse to bring the goods into conformity with the Contract.
The Seller shall make the repair or replacement within a reasonable time from the moment the trader is informed by the Consumer of non-conformity with the Contract, and without undue inconvenience to the Consumer. The cost of replacement, including in particular the cost of postage, freight, labor and materials, shall be borne by the trader.
The Consumer provides the trader with the goods subject to repair or replacement. The trader collects the goods from the Consumer at its own expense.
The Consumer is not obliged to pay for the mere use of the goods, which were subsequently replaced.
If the goods are not in conformity with the Contract, the Consumer may make a statement of price reduction or withdrawal from the Contract when:
- The trader refused to bring the goods into conformity with the Contract in accordance with Article 43d(2) of the Act;
- The trader failed to bring the goods into conformity with the Contract in accordance with Article 43d(4-6) of the Act;
- Non-conformity of the goods with the Contract continues, even though the trader has tried to bring the goods into conformity with the Contract;
- The non-conformity of the goods with the Contract is so significant that it justifies either a reduction in price or withdrawal from the Contract without first resorting to the means of protection set forth in Article 43d;
- It is clear from the trader's statement or circumstances that it will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.
The reduced price shall be in such proportion to the contractual price as the value of the defective goods remains to the value of the conforming goods.
The Seller shall return to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer's statement on price reduction.
The Consumer may not withdraw from the Contract if non-conformity of the goods with the Contract is immaterial. The non-conformity of the goods with the Contract is presumed to be material.
If the non-conformity applies only to some of the goods delivered under the Contract, the Consumer may withdraw from the Contract only with respect to those goods, as well as with respect to other goods purchased by the Consumer together with the non-conforming goods if the Consumer cannot reasonably be expected to agree to keep only the conforming goods.
In the event of withdrawal from the Contract, the Consumer shall immediately return the goods to the trader at their expense. The Seller shall refund the price to the Consumer immediately, no later than within 14 days of receipt of the goods or proof of their return.
The trader shall reimburse the price using the same payment method as that used by the Consumer unless the Consumer has expressly agreed to a different method of reimbursement that does not involve any costs for them.
The Consumer may refrain from paying the price until the trader performs their obligations under paragraphs 4-14 of this section.
§6 Taking care of customer satisfaction and availability of goods
The Seller stipulates that commercial resale of the goods offered by the Seller is not allowed. This applies to purchases in large quantities.
Acquisition by the Seller of a reasonable belief that there has been a violation of the proviso in paragraph 1, gives the Seller the right not to accept the order, and in the case of payment made, the Seller shall reimburse the payment.
§7 Privacy policy nad personal information
The controller of personal data of Users / Customers of the online store is the Seller (R-GOL). The Seller processes the personal data based on the Regulation of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (general data protection regulation / GDPR),
Provision of personal data by the Customer is voluntary, however, it is necessary to make purchases or use other services offered by the Seller.
R-GOL processes Customer data based on, including but not limited to: Article 6(1)(b) GDPR (for the performance of the contract), Article 6(1)(c) GDPR (for the fulfillment of legal obligations); Article 6(1)(a) GDPR (consent, e.g. for the purpose of sending commercial information by e-mail); Article 6(1)(f) GDPR (legitimate interest, e.g. contacting the Customer, customer satisfaction survey or defense against claims).
The Customer has the right to access and rectify their data. In addition, the Customer has the right to request erasure of their data, the right to restrict processing, the right to data portability, the right to withdraw the consent as well as the right to object. The Customer can exercise their rights by directly contacting the Seller.
If the Customer's data is processed in a manner inconsistent with GDPR, the Customer has the right to file a complaint with the supervisory authority, i.e. the President of the Personal Data Protection Office.
The Customer, by providing their data, declares that the data provided are their data and that they are true.
Detailed rules and provisions for the protection of personal data can be found in the Privacy Policy, which is an integral part of the Regulations for the processing of personal data.
§8 Final provisions
None of the provisions of these regulations is intended to violate the rights of the Buyer. Nor can it be interpreted in this way, since in the event of any part of the regulations being inconsistent with the applicable law, the Seller declares absolute compliance with and application of that law in place of the challenged provision of the regulations.
Registered Buyers will be notified of any changes to the regulations and their scope by e-mail (to the e-mail address indicated when registering or ordering). The notification will be sent at least 30 days before the new regulations take effect. Amendments will be made to bring the regulations in line with current legislation.
The current version of the regulations is always available to the Buyer in the regulations tab (https://www.r-gol.club/regulations-r-club). During the execution of the order and throughout the period of after-sales care, the Buyer is bound by the terms and conditions accepted by the Buyer when placing the order. Except when the Consumer finds them less favorable than the current regulations and informs the Seller of the choice of the current regulations as applicable.
In matters not regulated by the provisions of these Regulations, generally applicable laws shall apply. Any disputes may be resolved by arbitration, that is, a permanent arbitration tribunal, which will be selected by a mutual agreement between the Customer and the Seller, if the Customer, also the Consumer, expresses such a will. The Consumer may use the arbitration tribunal selected with the Seller, e.g. through the EU online ODR platform available at https://ec.europa.eu/consumers/odr/. As a last resort, the case shall be resolved in a court of law.
Version 13.3 (Ostróda, 09.03.2023)