- General provisions
- Electronic services provided by the online service
- Terms of concluding sales agreements
- Methods and terms of product payments
- Costs, methods and terms of product deliveries
- Product complaints (applies to sales agreements concluded from the 25th of december 2014)
- Extrajudicial methods of settling complaints and investigating claims, as wellas rules of access to those procedures
- Right to withdraw from an agreement (applies to sales agreements concluded from the 25th of december 2014)
- Right to use the seller’s works (license)
- Provisions regarding entrepreneurs
- Final provisions
The www.gavick.com Online Service cares for the rights of consumers. The consumer cannot waiver the rights granted based on the Consumer Rights Act. Any agreement provisions less favorable to the consumer, than those in the Consumer Rights Act are void and in their place corresponding provisions of the Consumer Rights Act shall be applied. For that reason, the provisions of these Terms and Conditions are not meant to exclude or limit any rights of consumers granted based on the strictly binding legal regulations, and all possible doubts should be interpreted to the benefit of the consumer. In the case of any possible nonconformity between the provisions of these Terms and Conditions with the above regulations, the above regulations take priority and shall be applied.
1. General provisions
1.1. The Online Service available at the Internet address www.gavick.com is run by BOGUSLAW MITRO who operates a business enterprise under the trade name BOGUSLAW MITRO GAVICKPRO entered into the Central Registry and Information on Business of the Republic of Poland (PL- CEIDG) kept by the competent minister of economy, with an address of business operation and service address at: ul. Ludowa 22, 33-380 Krynica-Zdroj, Tax ID 7342553332, REGON 120494845, electronic mail address: .
1.2. These Terms and Conditions are intended for consumers, as well as entrepreneurs who use the Online Service (with the exception of section 10 of the Terms and Conditions, which is intended solely for entrepreneurs).
1.4.1. UPDATES – subsequent versions of the Product purchased by the Client available within the Account, which the Service Provider may make available to the Client in a period corresponding to the type of the purchased Product.
1.4.2. DOCUMENTATION – Product documentation together with the Product’s installation and user manual.
1.4.3. WORKING DAY – one day from Monday to Friday excluding public holidays.
1.4.4. ORDER FORM – Electronic Service, an interactive form available in the Online Service which enables placement of an Order, especially through the addition of a Product to the electronic shopping cart and specification of Sales Agreement terms, including the method of delivery and payment
1.4.5. FORUM – Electronic Service, the Internet forum available in the Online Service, which enables the Service Users to hold discussions, exchange views and opinions and mutual assistance associated with the Online Service’s subject matter and Products.
1.4.6. CLIENT – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, on which the law bestows legal capacity – which has entered or intends to enter into a Sales Agreement with the Seller.
1.4.7. CIVIL CODE – the 23rd of April 1964 Civil Code Law (Journal of Laws of 1964 no. 16, pos. 93 further amended).
1.4.8. ACCOUNT – Electronic Service provided by the Online Service, which is a set of functions and resources annotated with an individual name (login) and password within the Service Provider’s information and communication technology (ICT) system, which collects the Service User’s data, including a history of concluded Sales Agreements, information regarding Products purchased by the Client, as well as available Updates and Support.
1.4.9. NEWSLETTER – Electronic Service; an electronic distribution service provided by the Service Provided via electronic mail, which enables all subscribed Service Users to automatically receive the contents of subsequent editions of the newsletter, including information on Products, new additions and promotions in the Online Service.
1.4.10. COPYRIGHT – the 4th of February 1994 Copyright and Associated Rights Act (Journal of Laws No. 24, pos. 83 further amended)
1.4.11. PRODUCT – the (1) templates, skins and compositions for Joomla! or WordPress content management systems (publication platforms) along with other elements, additions and functionalities which constitute their integral part and are specified in the given Product’s Documentation and description (WordPress and Joomla Themes) or (2) services indicated in the description of a given Product (VIP Support) provided by the Online Service – which are or can be the subject of a Sales Agreement concluded between the Client and the Seller.
1.4.12. ELECTRONIC DELIVERY – delivery method of the purchased Product to the Client which involves providing the Client with an Internet link (URL address) within the Account in the “Download” tab which enables the download of the Product (in order to download the product, the User must click the link or enter it in the Internet browser window).
1.4.13. TERMS AND CONDITIONS – the following Online Service terms and conditions.
1.4.14. ONLINE SERVICE – the Service Provider’s Online Service available at the address: www.gavick.com.
1.4.15. SELLER; SERVICE PROVIDER – BOGUSLAW MITRO who operates a business enterprise under the trade name BOGUSLAW MITRO GAVICKPRO entered into the Central Registry and Information on Business of the Republic of Poland (PL- CEIDG) kept by the competent minister of economy, with an address of business operation and service address at: ul. Ludowa 22, 33-380 Krynica-Zdroj, Tax ID 7342553332, REGON 120494845, electronic mail address: .
1.4.16. SALES AGREEMENT – a Product sales agreement concluded or pending conclusion between the Client and the Seller via the Online Service website.
1.4.17. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider to the benefit of the Service User via the Online Service website.
1.4.18. SERVICE USER – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, on which the law bestows legal capacity – who uses or intends to use the Electronic Service.
1.4.19. THE CONSUMER RIGHTS ACT, THE ACT – the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended)
1.4.20. ORDER – a Client’s declaration of will submitted using the Order Form with the direct purpose of concluding a Product Sales Agreement with the Seller.
1.4.21. SUPPORT – a period during which the Client has access to downloads of the purchased Products within the Account and access via the Forum to the Service Provider’s technical support related to using the purchased Product according to rules specified in the Product’s description. In cases where the Client has purchased services marked on the Online Service’s website as VIP Support, the Client is granted additional access to the Service Provider’s technical support regarding the use of the purchased Product via a system of tickets (queries to the Service Provider) based on rules indicated in the Product’s description.
2. Electronic services provided by the online service
2.1. The Online Service provides access to the following Electronic Services: Account, Order Form, Forum and Newsletter.
2.1.1. Account – use of the Account is possible after performing a total of two subsequent steps by the Service User – (1) filling out the Registration Form, (2) clicking the „Register” field. The Registration Form requires the Service User to provide the following data: name and surname, e-mail address and password.
126.96.36.199. The Account Electronic Service is provided free of charge for an indefinite time. The Service User has the option, at any time and without stating a reason, to delete their Account (resignation from Account) by sending a corresponding request to the Service Provider, for example via the contact form on the Online Service’s website, or in writing at the address: ul. Ludowa 22, 33-380 Krynica-Zdroj.
2.1.2. Order Form – use of the Order Form begins upon addition by the Client of the first Product to the electronic shopping cart in the Online Service. Placement of an Order is effected after the Client performs a total of two subsequent steps – (1) fills out the Order Form and (2) clicks the “Order now with obligation to pay” button on the Online Service Website after filling out the Order form – from that point on there is a possibility of individual modification of the entered data (to do that, follow the instructions displayed onscreen and information available at the Online Service’s website). In the Order Form it is essential for the Client to provide the following data: name and surname/company name, address (street, house/flat number, postal code, town/city, country), e-mail address and information regarding the Sales Agreement: Product, payment method. In the even of Clients who are not consumers, it is also necessary to provide the company name and Tax ID number.
188.8.131.52. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service User.
2.1.3. FORUM – Use of the Forum is possible upon transitioning to the appropriate tab marked as Forum within the Online Service
184.108.40.206. The Forum Electronic Service is provided free of charge for an indefinite time. The Service User has the option, at any time and without stating the cause, to resign from the Forum by closing the Forum tab. Removal of content created by the Service User within the Forum is possible by sending a corresponding request to the Service Provider, for example via the contact form available at the Online Service’s website or in writing at the address ul. Ludowa 22, 33-380 Krynica-Zdroj.
2.1.4. Newsletter – use of the Newsletter commences after the User provides an e-mail address, to which subsequent editions of the Newsletter are to be sent, in the “Newsletter” tab available at the Online Service’s website and clicks the action field.
220.127.116.11. The Newsletter Online Service is provided free of charge for an indefinite time. The Service User as the option, at any time and without stating the cause, to unsubscribe from the Newsletter (resign from the Newsletter) by sending a corresponding request to the Service Provider, for example via the contact form available at the Online Service’s website or in writing at the address: ul. Ludowa 22, 33-380 Krynica-Zdroj.
2.3. The Service User is required to use the Online Service in accordance with the law and good customs, and in respect of the personal rights, copyrights an intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data which reflects the factual state. The Service User is also prohibited from entering content which is illegal in nature.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints associated with the operation of the Online Service (excluding the Product complaint procedure, which is described in pts. 6 and 7 of the Terms and Conditions) can be submitted by the Service User:
18.104.22.168. in writing at the address: ul. Ludowa 22, 33-380 Krynica-Zdroj;
22.214.171.124. electronically via the contact form available at the Online Service’s website.
2.4.2. In the complaint description it is recommended for the Service User to provide: (1) information and circumstances regarding the subject of complaint, especially the type and occurrence date of the irregularity; (2) the Service User’s claim/request; and (3) contact data of the claimant – this will facilitate and expedite investigation of the complaint by the Service Provider. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
2.4.3. The Service Provider shall address the complaint without delay, no later than within 14 calendar days from the date of submission.
3. Terms of concluding sales agreements
3.1. Conclusion of a Sales Agreement between the Client and the Seller takes place after the prior placement of an Order by the Client via the Order Form available in the Online Service, according to pt. 2.1.2 of the Terms and Conditions.
3.2. The Product price visible on the Online Service’s website is given in euro (EUR) and includes taxes. The Client is informed of the total Order value on the Online Service’s website during placement of an Order, as well as at the moment of the Client’s expression of will to enter into the Sales Agreement.
3.3. Procedure of Sales Agreement Conclusion within the Online Service using the Order Form
3.3.1. Conclusion of a Sales Agreement between the Client and Seller takes place after prior placement by the Client of an Order in the Online Service as per pt. 2.1.2 of the Terms and Conditions.
3.3.2. After placement of the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for execution. Receipt confirmation of the Order and its acceptance for execution is effected by way of the Seller sending the Client a corresponding message containing at the least the Seller’s statement regarding receipt of the Order and its acceptance for execution, as well as confirmation of the Sales Agreement conclusion (upon the Client’s receipt of such message, the Sales Agreement between the Client and Seller is concluded).
3.4. The recording, securing and provision of contents of the concluded Sales Agreement to the Client takes place though (1) making these Terms and Conditions available on the Online Service’s website and (2) sending the Client the message mentioned in pt. 3.3.2 of the Terms and Conditions, and (3) sending the Client these Terms and Conditions to the e-mail address provided. The content of the Sales Agreement is additionally recorded and secured within the Seller’s Online Service ICT system.
4. Methods and terms of product payment
4.1. The Seller makes the following methods of payment related to the Sales Agreement available to the Client:
4.1.1. Payment via bank transfer to the Seller’s bank account.
4.1.2. Electronic and pay-card payments via the PayPal.com service (the service is owned by: PayPal.com –PayPal Company (Europe) S.à r.l. & Cie, S.C.A., 5. floors 22–24 Boulevard Royal, L-2449, Luxembourg).
4.2. Payment term: The Client is obliged to issue the payment within 5 calendar days from the Sales Agreement conclusion date.
5. Costs, methods and terms of product deliveries
5.1. The Seller provides the Client with the following methods of Product delivery: Electronic Delivery.
5.2. The Electronic delivery is free of charge.
5.3. The term od delivery of the Product to the Client via electronic means is up to 1 Working Day from the date on which the corresponding payment is credited on the Sellers settlement account or bank account.
6. Product complaints (applies to sales agreements concluded from the 25th of december 2014)
6.1. The basis and scope of the Seller’s liability towards the Client, if the sold Product has a physical or legal fault (warranty) are specified by the generally applicable laws, especially the Civil Code.
6.2. The Seller is obliged to provide the Client with a Product without faults.
6.3. A complaint can be submitted by the Client in the following ways:
6.3.1. in writing at the address: ul. Ludowa 22, 33-380 Krynica-Zdroj;
6.3.2. electronically using the contact form available on the Online Service’s website.
6.4. In the complaint description it is recommended for the Client to provide: (1) information and circumstances regarding the subject of complaint, especially the type and occurrence date of the fault; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact information – this will facilitate and expedite investigation of the complaint by the Seller. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
6.5. The Seller shall address the complaint without delay, no later than within 14 calendar days from the date of submission. If the Seller does not respond to the complaint within the abovementioned period, it means that the Seller has deemed the complaint as justified.
7. Extrajudicial methods of settling complaints and investigating claims, as wellas rules of access to those procedures
7.1. Detailed information regarding the possibilities for Clients who are consumers to use extrajudicial methods of settling complaints and asserting claims, as well as the rules of access to those procedures are available at the offices and websites of district (municipal) consumer advocates, social organizations, whose statutory tasks include the protection of consumers, Regional Commercial Inspection Inspectorates and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
7.2. A Client who is a consumer has the following options of extrajudicial methods of settling complaints and asserting claims:
7.2.2. The Client is entitled to address the amicable consumers’ court which is mentioned in art. 37 of the 15th of December 2000 Commercial Inspection Act (Journal of Laws of 2001, no. 4 pos. 25 further amended) with an application to settle a dispute resulting from the concluded Sales Agreement. The regulations of the organization and functioning of amicable consumers’ courts are specified by the 25th of September 2001 decree by the minister of justice on the definition of rules of organization and operation of amicable consumers’ courts (Journal of Laws of 2001, no. 113, pos. 1214).
7.2.3. The Client is entitled to address the regional inspector of the Commercial Inspection authority in accordance with art. 36 of the 15th of December 2000 Commercial Inspection Act (Journal of Laws of 2001 no. 4 pos. 25 further amended) with an application to institute a mediation proceeding regarding the amicable settlement of a dispute between the Client and Seller. Information regarding the rules and procedures of mediation conducted by the regional inspector of the Commercial Inspection authority is available at the offices or on the websites of corresponding Commercial Inspection Regional Inspectorates.
8. Right to withdraw from an agreement (applies to sales agreements concluded from the 25th of december 2014)
8.1. A Consumer who entered into an agreement remotely may within 14 calendar days withdraw from said agreement without stating a cause and without incurring costs, with the exception of costs incurred in pt. 8.6 of the Terms and Conditions. In order to meet the above deadline, it is sufficient to send the declaration of withdrawal before it expires. The withdrawal declaration may be submitted:
8.1.1. in writing at the address: ul. Ludowa 22, 33-380 Krynica-Zdroj;
8.1.2. electronically via the contact form available on the Online Service’s website.
8.2. An example agreement withdrawal form template is included as appendix no. 2 to the Consumer Rights Act and additionally available in pt. 12 of the Terms and Conditions. The Consumer may use the template form, however it is not obligatory.
8.3. The course of the term to withdraw from the agreement begins:
8.3.1. for agreements in the performance of which the Seller releases the Product under obligation to transfer its ownership (e.g. Sales Agreement) – on the date of Product ownership acquisition by the Consumer or a specified third party other than a carrier, and in the case of an agreement which: (1) encompasses multiple Products which are delivered separately, in batches or in parts – on the date of the final Product, batch or part ownership acquisition, or (2) involves irregular delivery of Products for an unspecified time – on the date of the first Product’s ownership acquisition;
8.3.2. for other agreements – on the agreement conclusion date.
8.4. In case of withdrawal from an agreement concluded remotely, the agreement is deemed null and void.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the receipt date of the Consumer’s declaration of withdrawal from the agreement, to refund all payments issued by the Consumer, including the Product’s delivery costs (with the exception of additional costs associated with the method of delivery selected by the Client other, than the least expensive regular method of delivery offered by the Online Service). The Seller issues the payment refund using the same method of payment used by the Consumer, unless the consumer has clearly consented to a different refund method which is not associated with any additional cost to the Consumer. If the Seller does not offer to reclaim the Product from the Consumer, the Seller may withhold payment of the refund until receipt of the returned Product or delivery of documented proof of a return delivery by the Consumer, whichever occurs first.
8.6. Possible costs associated with the Consumer’s withdrawal from the agreement payable by the Consumer:
8.6.1. The Consumer bears the direct costs of Product return.
8.6.2. In the event of service Products, the provision of which – at the clear request of the Consumer – is commenced before the agreement withdrawal deadline, the Consumer exercising their right to withdraw from the agreement upon submission of such a request is obliged to pay for the benefits provided until the time of withdrawal from the agreement. The payment amount is calculated proportionally to the scope of benefits provided, taking into consideration the price or remuneration stipulated in the agreement. If the price or remuneration are in excess, the basis for calculating said amount is the market value of services rendered.
8.7. The right to withdraw from an agreement concluded remotely does not apply in the case of:
8.7.1. (1) agreements on rendering services, if the Seller has fully performed the service at the express consent of the consumer, who was informed prior to the commencement of services that the right to withdraw from the agreement shall be lost upon completion of the service by the Seller; (2) agreements in which the price or remuneration depends on fluctuations on the financial market, over which the Seller has no control and which may occur before the expiry of the agreement withdrawal term; (3) agreements in which the Product or service provided is not prefabricated, but is produced according to the consumer’s specifications or meant to satisfy the consumer’s custom needs; (4) agreements in which the provided Product is highly perishable or has a short use by period; (5) agreements regarding a Product delivered in a sealed package, which is impossible to return upon opening due to health safety or hygienic reasons, if the packaging was opened upon delivery; (6) agreements regarding Products which upon delivery, due to their nature, are inseparably connected to other items; (7) agreements relating to the provision of audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened upon delivery; (8) agreements regarding the delivery of digital content, which are not recorded on a physical carrier, if the performance of services was commenced with the express consent of the consumer before the expiry of the agreement withdrawal terms and after the consumer was previously informed by the Seller of the loss of rights to withdraw from the agreement.
9. Right to use the seller’s works (license)
9.1. The Client has the right to use the purchased Product according to terms specified in that Product’s description and its Documentation. The Client is not entitled to use the Product outside of that scope. Unless the Product’s description and Documentation states otherwise, the Client is not entitled to put the Product into circulation, its further resale or lease. The Client also is not entitled to sublicense (including the right to authorize other persons to use the Product).
10. Provisions regarding entrepreneurs
10.1. This section of the Terms and Conditions and provisions contained herein relate exclusively to Clients and Service users who are not consumers.
10.2. The Seller is entitled to withdraw from a Sales Agreement concluded with a Client who is not a consumer within 14 calendar days from its conclusion. Withdrawal from a Sales Agreement in such an instance may take place without stating a cause and does not entitle the Client who is not a consumer to any claims towards the Seller.
10.3. In accordance with art. 558 § 1 of the Civil Code, the Seller’s Product warranty liability towards the non-consumer Client is excluded.
10.4. In the case of Service Users who are not consumers, the Service Provider may terminate an Electronic Service Provision agreement with immediate effect and without stating the cause by way of sending a corresponding statement to the Service User.
10.5. The Service Provider’s/Seller’s liability towards a non-consumer Service User/Client, regardless of its legal basis, is limited – in terms of a single claim, as well as all claims in total – to the product/service price and delivery costs paid according to the Sales Agreement, however no more than the sum of one thousand zlotys. The Service Provider/Seller is liable towards the non-consumer Service User/Client only for typical damages expected at the time of concluding the agreement and is not liable towards the non-consumer Service User/Client for any lost benefits/profits.
10.6. Any disputes arising between the Service Provider/Seller and the non-consumer Service User/Client shall be settled by a court of competent jurisdiction over the Service Provider’s/Seller’s seat.
11. Final provisions
11.1. Agreements concluded through the Online are drawn up in English.
11.2. Amendment of Terms and Conditions:
11.2.1. The Service Provider reserves the right to amend the Terms and Conditions due to significant reasons, i.e. change in legal regulations; change in methods of payment and delivery – in a scope, in which such changes influence the execution of provisions of these Terms and Conditions.
11.2.2. In the event of the conclusion of perpetual agreements based on these Terms and Conditions (e.g. for the provision of the Account – Electronic Service), the amended Terms and Conditions are binding for the Service User, provided that the requirements of art. 384 and 385 of the Civil Code are met, i.e. the Service User has been properly notified of the amendments and has not terminated the agreement within 14 calendar days from the notification date. In cases, where an amendment of Terms and Conditions results in the introduction of any new charges or increase of current ones, the Service User who is a consumer is entitled to withdraw from the agreement.
11.2.3. In case of conclusion of agreements other than perpetual ones based on these Terms and Conditions (e.g. Sales Agreements), amendments to the Terms and Conditions shall in no way affect the rights acquired by consumer Service Users/Clients before the effective date of the amended Terms and Conditions; in particular the amendments to the Terms and Conditions will not affect pending or already placed Orders and concluded, in progress or performed Sales Agreements.
11.3. In matters not regulated in these Terms and Conditions, the commonly applicable regulations of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); for Sales Agreements concluded before the 24th of December 2014 with consumer Clients – provisions of the 2nd of March 2000 Act on the Protection of Certain Consumer Rights and Hazardous Product Liability (Journal of Laws of 2000 no. 22, pos. 271 further amended), and the 27th of July 2002 Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Journal of Laws of 2002 no. 141, pos. 1176 further amended); for Sales agreements concluded after the 25th of December 2014 with consumer Clients – the provisions of the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended); as well as other corresponding provisions of commonly applicable law.