Terms and Conditions

### Terms and Conditions

The Terms and Conditions apply to both consumers and entrepreneurs using the store available at www.gornig.myshopify.com. They outline the rules and conditions for using the store.

The administrator of personal data for the online store's customers is STVTUS BLVCK Gracjan Gornig, located at Kozielska 7/8, 48-100 Głubczyce, NIP: 7481588794. More information about personal data protection can be found in the Privacy Policy following these Terms and Conditions.

#### § 1 Definitions

- **Seller**: STVTUS BLVCK Gracjan Gornig, Kozielska 7/8, 48-100 Głubczyce, NIP: 7481588794.
- **Contact Information**: The Seller’s address and email: hello@gornig.co.
- **Client/Consumer/Buyer (used interchangeably)**: An individual making a legal transaction with an entrepreneur, not directly related to their business or professional activity. Provisions for consumers also apply to individuals entering into a contract related to their business activity, provided the contract does not have a professional character.
- **Delivery**: The delivery service, with costs detailed at www.gornig.myshopify.com
- **Personal Data**: Any information relating to an identified or identifiable natural person.
- **Proof of Purchase**: Invoice, receipt, or bill issued per the VAT Act of March 11, 2004, as amended.
- **Product Page**: A specific page on the store's website (www.gornig.myshopify.com or gornig.co) with information about a single product.
- **Civil Code**: The Civil Code Act of April 23, 1964, as amended.
- **Cart**: A list of products selected by the Buyer from those offered in the store.
- **Place of Delivery**: The postal address or pickup point indicated in the Buyer’s order.
- **Pickup Point**: A delivery location other than a postal address, listed by the Seller in the Store.
- **Moment of Delivery**: When the Buyer or a third party indicated by the Buyer takes possession of the item.
- **Payment**: Method of payment for the Subject of the Agreement and Delivery listed on www.gornig.myshopify.com or www.gornig.co.
- **Consumer Law**: The Consumer Rights Act of May 30, 2014, as amended.
- **Product**: Movable items that can be ordered in the Store, i.e., the Subject of the Agreement.
- **Subject of the Agreement**: Products and delivery that are the subject of the contract.
- **UOKiK Register**: The register of authorized entities maintained by the Office of Competition and Consumer Protection under the Act on Out-of-Court Consumer Dispute Resolution of September 23, 2016, as amended.
- **GDPR**: Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC.
- **Store**: The online service available at www.gornig.myshopify.com, through which the Buyer can place orders.
- **Order Fulfillment Period**: The time indicated on the Product Page.
- **Agreement**: The contract concluded outside the business premises or remotely as defined by the Consumer Rights Act of May 30, 2014, for Consumers, and the sales contract defined by Article 535 of the Civil Code Act of April 23, 1964, for Buyers.
- **Defect**: Both physical and legal defects.
- **Order**: The Buyer’s declaration of will submitted via the store, specifying the type and quantity of Products, type of delivery, type of payment, place of delivery, and Buyer’s details, aimed directly at concluding a contract between the Buyer and the Seller.

#### § 2 General Provisions

1. The Seller is obliged to deliver Products free from defects.
2. All prices provided by the Seller are gross prices. Product prices do not include delivery costs, which are specified in the price list.
3. The Buyer can opt to have their data remembered by the Store. To do so, the Buyer must provide a login and password, necessary to access their account. The login and password are set by the Buyer, who must keep them confidential and not share them with third parties. The Buyer can view, correct, update, and delete their data at any time in the Store.

#### § 3 Conclusion and Execution of the Agreement

1. Orders in the Store can be placed 24/7.
2. The Agreement with the Consumer is concluded upon placing the Order.
3. The Agreement with the Client is concluded upon the Seller's acceptance of the Order, which the Seller notifies the Client of within 48 hours of placing the Order.
4. The Subject of the Agreement is dispatched within the period specified on the Product Page, and for Orders with multiple Products, within the longest period specified on the Product Pages. The order fulfillment time is counted from the moment of positive payment authorization.

#### § 4 Payments

1. Online payment services are provided by hotpay.
2. Available payment methods in the Store include:
- Bank transfer;
- Electronic payments;
- Payment cards – Visa, Visa Electron, Mastercard, MasterCard Electronic;
- Google Pay;
- Apple Pay.

#### § 5 Right to Withdraw from the Agreement

1. The Consumer has the right to withdraw from a remote agreement without giving any reason within 14 days from the moment of receiving the item, and sending the declaration before the deadline is sufficient to meet the deadline.
2. The Consumer submits the declaration of withdrawal from the agreement on a form.
3. The Seller will immediately confirm receipt of the Consumer's declaration of withdrawal from the Agreement.
4. The Consumer must return the item to the Seller immediately, but no later than 14 days from the day they withdrew from the Agreement. Sending the Product before the deadline is sufficient to meet the deadline.
5. The Consumer bears the cost of returning the items subject to the withdrawal from the agreement.
6. The Consumer is liable for any reduction in the value of the item resulting from using it in a way that goes beyond what is necessary to establish its nature, characteristics, and functioning.
7. The Seller will immediately, no later than 14 days from the day of receiving the declaration of withdrawal from the agreement submitted by the Consumer, refund the payments made by the Consumer. The Seller may withhold the refund until receiving the item.
8. In the event of a need to refund funds for a transaction made by the Client using a payment card, the Seller will refund the funds to the bank account assigned to the Client's payment card.
9. The Seller’s liability to a Client who purchases a Product not being a Consumer, including an individual entering into a contract directly related to their business activity, if the contract indicates it is not of a professional nature for that person, is limited to the amount paid by the Client for the Product and the delivery cost if the delivery is also subject to the complaint. If the Seller deems the complaint justified, the non-Consumer Client will receive a defect-free Product or a refund of the Product price. The choice of the way to settle claims under the complaint belongs to the Seller, and the burden of proof that the sold item has defects lies with the Client. The Seller is obliged to consider the complaint referred to in this section within no more than 30 days from the moment of receiving a written complaint. This period may be extended by the time needed for the Client to provide information necessary according to the Seller to consider the complaint. At the Seller's request, the Client must deliver the complained Product to the place indicated by the Seller at their cost.

#### § 5 Warranty

1. The Seller, under Article 558§1 of the Civil Code, completely excludes liability towards Clients for physical and legal defects (warranty).
2. The Seller is liable to the Consumer under the rules set out in Article 556 of the Civil Code and subsequent articles for defects (warranty).
3. The Consumer cannot withdraw from the agreement if the defect is insignificant.
4. The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time.

#### § 6 Processing of Personal Data

1. The administrator of personal data provided by the Buyer during the use of the Store is the Seller. Detailed information on the processing of personal data by the Seller, including other purposes and legal bases of data processing, as well as data recipients, can be found in the Privacy Policy available in the Store, following the principle of transparency contained in the GDPR.
2. The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is: a sales agreement or actions taken at the request of the Buyer, aimed at its conclusion (Article 6(1)(b) GDPR), the Seller's legal obligation related to accounting (Article 6(1)(c)), and the Seller's legitimate interest in processing data to establish, assert or defend possible claims (Article 6(1)(f) GDPR).
3. The Administrator of Personal Data is responsible for the lawful processing of personal data, determines the rules for collecting, processing, and storing personal data, as well as the rights of the Buyer related to their personal data.
4. The Administrator of Personal Data processes the Buyers' personal data based on consent and in connection with the legitimate interests of the Seller.
5. The Administrator of Personal Data collects and processes personal data only to the extent justified by the contractual or legal obligation.
6. The Buyer's

personal data is processed to:
- Conclude and implement the sales agreement, pursuant to which the Seller delivers the Products ordered by the Buyer;
- Conclude and implement the Product sales agreement and deliver the ordered Product;
- Handle complaints and withdraw from the agreement;
- Exercise the rights and obligations arising from the applicable law, including tax and accounting regulations;
- Provide marketing activities, including sending commercial information to the e-mail address provided by the Buyer, provided that the Buyer has consented to this;
- Provide marketing activities of the Seller.
7. The Administrator of Personal Data processes personal data for the period necessary to fulfill the purposes for which they were collected unless a longer data retention period is required or permitted by law.
8. The Buyer has the right to access the content of their data and the right to rectify, delete, limit processing, the right to data portability, the right to object, and the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
9. Detailed rules for collecting, processing, and storing personal data used to fulfill orders by the Store are described in the Privacy Policy, which is an integral part of the Terms and Conditions.

#### § 7 Final Provisions

1. The information provided on the Store's website, including the presentations and descriptions of Products and their prices, constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
2. The Seller is not responsible for errors resulting from the improper configuration of the Buyer's computer equipment or the improper installation of software used by the Buyer.
3. The Seller reserves the right to temporarily limit access to the Store due to technical, maintenance, or organizational reasons.
4. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular, the Civil Code, the Consumer Rights Act, and the GDPR.

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### Privacy Policy

#### § 1 General Information

1. The administrator of personal data collected via the online store is STVTUS BLVCK Gracjan Gornig, Kozielska 7/8, 48-100 Głubczyce, NIP: 7481588794. Personal data collected by the administrator via the online store are processed following the provisions of the General Data Protection Regulation (GDPR) and other applicable laws.
2. The administrator takes special care to protect the interests of data subjects, and in particular ensures that the data collected by them is processed lawfully, collected for specified, legitimate purposes and not subjected to further processing incompatible with those purposes, substantively correct and adequate in relation to the purposes for which they are processed, and stored in a form allowing identification of the persons to whom they relate, no longer than it is necessary to achieve the purpose of processing.

#### § 2 Purpose and Scope of Data Collection

1. The administrator processes personal data for the following purposes:
- Conclusion and implementation of the sales agreement;
- Providing marketing activities;
- Handling complaints and withdrawals from the agreement;
- Exercising the rights and obligations arising from applicable laws, including tax and accounting regulations.
2. The administrator processes the following personal data of the Buyers:
- First name and last name;
- E-mail address;
- Contact phone number;
- Address of residence;
- Delivery address, if different from the residence address;
- Data on the use of the online store (e.g., information about transactions, IP address, etc.).
3. The administrator collects personal data directly from the data subjects.

#### § 3 Data Recipients

1. The personal data of the Buyers may be transferred to the following categories of recipients:
- Entities handling electronic payments or card payments;
- Suppliers of the ordered goods;
- Service providers supplying the administrator with technical, IT, and organizational solutions, enabling the administrator to conduct business activities, including the online store and the electronic services provided through it (in particular, computer software providers for running the online store, e-mail and hosting providers, as well as providers of business management and technical support software);
- Providers of legal and advisory services, and accounting services.
2. The administrator reserves the right to disclose selected information about the Buyer to competent authorities or third parties who submit a request for such information, based on an appropriate legal basis and per the provisions of applicable law.

#### § 4 Rights of Data Subjects

1. Each data subject has the right to:
- Access the content of their data and request its rectification, deletion, or restriction of processing;
- Object to the processing;
- Withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
- Lodge a complaint with a supervisory authority if they consider that the processing of their personal data violates the provisions of the GDPR.
2. Detailed rules for exercising the rights of data subjects are set out in the Privacy Policy available on the online store's website.

#### § 5 Data Security

1. The administrator declares that they process personal data per applicable laws, including ensuring adequate technical and organizational measures to protect the data.
2. The administrator undertakes to keep confidential all information obtained from the Buyer and to secure it against unauthorized access.

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### Refund Policy

#### § 1 General Provisions

1. The Consumer has the right to withdraw from a remote agreement without giving any reason within 14 days from the moment of receiving the item.
2. The Consumer submits the declaration of withdrawal from the agreement on a form.
3. The Seller will immediately confirm receipt of the Consumer's declaration of withdrawal from the Agreement.
4. The Consumer must return the item to the Seller immediately, but no later than 14 days from the day they withdrew from the Agreement.
5. The Consumer bears the cost of returning the items subject to the withdrawal from the agreement.
6. The Consumer is liable for any reduction in the value of the item resulting from using it in a way that goes beyond what is necessary to establish its nature, characteristics, and functioning.
7. The Seller will immediately, no later than 14 days from the day of receiving the declaration of withdrawal from the agreement submitted by the Consumer, refund the payments made by the Consumer.
8. In the event of a need to refund funds for a transaction made by the Client using a payment card, the Seller will refund the funds to the bank account assigned to the Client's payment card.

#### § 2 Complaints and Warranty

1. The Seller is obliged to deliver Products free from defects.
2. In case of any defects, the Buyer may file a complaint based on the warranty provisions.
3. The Seller is liable to the Consumer under the rules set out in Article 556 of the Civil Code and subsequent articles for defects (warranty).
4. The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time.
5. The Consumer cannot withdraw from the agreement if the defect is insignificant.
6. The Seller’s liability to a Client who purchases a Product not being a Consumer is limited to the amount paid by the Client for the Product and the delivery cost if the delivery is also subject to the complaint.

These comprehensive terms, conditions, privacy policy, and refund policy form the basis of the contractual agreement between the Buyer and Seller, detailing the obligations, rights, and processes applicable to transactions conducted through the Seller's online store.