Polski
English GB
Online Store Terms and Conditions
Effective from 10-01-2022
§1
Seller Identification
PROGUNS Sp. z o. o.
Sokołowska 43
05-090 Wypędy, Poland
NIP (Tax ID): 522-317-23-21
REGON (Business ID): 384849686
Mobile: +48 532 888 820 or +48 532 888 802
§2
General Provisions
1. The online store [hereinafter referred to as the Store] conducts retail sales via the Internet on the basis of these Terms and Conditions [hereinafter referred to as the Terms and Conditions].
2. The Terms and Conditions are an integral part of the sales agreement concluded with the Customer.
3. Acceptance of the Terms and Conditions by the Customer is a prerequisite for the conclusion of the sales agreement.
4. Prices listed in the Store are gross prices (including VAT).
5. Goods available in the Store are free from physical and legal defects. The exception applies to goods displayed on the Store's website with a physical defect clearly indicated in their description. These items can be purchased at a reduced price.
§3
Orders
1. Orders can be placed in the following ways:
- via the form available on the Store's website (customer shopping cart);
- by e-mail to the address available on the Store's website;
- by phone at the numbers provided on the Store's website.
2. A condition for the processing of an order is the provision of data by the Customer that allows for the verification of the Customer and the recipient of the goods. The Store confirms acceptance of the order by sending a message describing the subject of the order to the e-mail address provided during order placement. The Store has the right to refuse to accept an order, restrict the payment method, or demand prepayment if the order raises justified doubts as to the veracity and reliability of the provided data or the method of payment.
3. The information contained on the Store's website next to the purchased goods at the moment of placing the order is binding for both parties, in particular: price, product characteristics, its features, components included in the set, dates, and method of delivery.
4. The information on the Store's website does not constitute an offer within the meaning of the Polish Civil Code. By placing an order, the Customer makes an offer to purchase a specific product.
5. By placing an order, the Customer submits an offer to conclude a sales contract for the ordered products.
6. After the order is placed, a message with information about the subsequent stages of order fulfillment is sent to the specified e-mail address:
- After placing the order - a general confirmation of its submission.
- After confirming the submission of the order, the Store sends an information about the acceptance of the order for processing to the e-mail address provided by the Customer. Information on the acceptance of the order for processing constitutes the Seller's statement on the acceptance of the offer referred to in §3 section 5 above, and upon its receipt by the Customer, a Sales Agreement is concluded.
7. After the conclusion of the Sales Agreement, the Store confirms its terms to the Customer by sending them to the Customer's e-mail address or in writing to the address provided by the Customer during order placement.
8. In the event of choosing the bank transfer payment method, the order processing period will be calculated from the moment the funds for the Customer's order are credited to the Store's bank account.
9. The Customer consents to the issuing and sending by electronic means, to the e-mail address provided by them, an electronic image of billing documents, in particular such as: VAT invoices with attachments, correcting VAT invoices with attachments, and forms. This consent also entitles the Store to issue and send VAT invoices in electronic form, in accordance with the Regulation of the Minister of Finance of December 17, 2010 on sending invoices in electronic form, the rules for their storage, and the procedure for making them available to the tax authority or tax inspection authority.
10. The Store is liable to the Customer under the statutory warranty (rękojmia) regulated by the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) for a period of 24 months. A detailed description of the complaint procedure can be found in §6 of these Terms and Conditions.
11. Most products additionally carry a manufacturer's/importer's warranty. In such cases, the Customer receives a written warranty along with the goods, which specifies, among other things, the duration of the warranty and the warranty procedure. Information regarding the length of the warranty is also available on the product description page.
12. Products marked "product unavailable for online sale" are not subject to mail-order sale. They constitute only a presentation of the Proguns offer, and their description and prices do not constitute a commercial offer.
13. The Store reserves the right to refuse to fulfill orders that raise doubts; the customer will be immediately informed about such a situation.
§4
Payments
1. The Customer can choose from the following payment methods:
- by traditional bank transfer (prepayment)
- upon collection at the store (cash)
- by wire transfer – via the tpay.com service
2. Shipping prices are specified in the order summary.
3. The condition for releasing the goods is the payment for the goods and shipping.
4. If the bank transfer payment method is selected, payment should be made within 7 business days to the bank account specified in the e-mail confirming the order placement.
§5
Shipping of Goods
1. Goods subject to licensed sales (concession) can only be picked up in person or delivered by the Store using its own transport upon prior arrangement, along with the presentation of relevant permits for their acquisition in accordance with the Ministry of Interior and Administration (MSWiA) Act. On the other hand, non-licensed goods can be picked up in person or delivered via a courier company (DPD).
2. The shipment date is extended by the period between placing the order and the date the payment is credited to the Store's bank account.
§6
Complaints
1. In the event of non-conformity of the goods with the contract, the Customer should send the defective goods back to the Store along with a description of the non-conformity. Shipping costs shall be borne by the Customer. Address to which the Customer should send the goods back:
PROGUNS Sp. z o. o.
Sokołowska 43
05-090 Wypędy, Poland
NIP (Tax ID): 522-317-23-21
REGON (Business ID): 384849686
2. The Store shall respond to the Customer's complaint within 14 days from the moment the goods are returned along with the description of the non-conformity.
3. When the processing of a justified complaint involves sending new goods to the Customer or removing the non-conformity, the delivery costs shall be borne by the Store.
4. If the complaint is accepted, the Store shall reimburse the Customer for the shipping costs incurred for returning the goods. If the Customer has chosen a delivery method other than the cheapest delivery method offered by the Store, the Store will not refund the additional costs incurred by the Customer. The Store will only refund the cost of the cheapest delivery of the given item to the Customer.
5. Every Customer can make use of out-of-court complaint handling and redress mechanisms. In this regard, it is possible for the Customer to use mediation. Lists of permanent mediators and existing mediation centers are submitted and made available by the Presidents of the relevant District Courts.
6. The complaint form template constitutes Appendix No. 2 to the Terms and Conditions.
7. The Store is liable to the Customer under the statutory warranty (rękojmia) regulated by the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) for a period of 24 months. A detailed description of the complaint procedure can be found in §6 of these Terms and Conditions.
8. Most products additionally carry a manufacturer's warranty. In such cases, the Customer receives a written warranty along with the goods, which specifies, among other things, the duration of the warranty and the warranty procedure. Information regarding the length of the warranty is also available on the product description page.
9. The Customer undertakes to check the external condition of the delivery package in the presence of the courier. In case of detecting any damage to the shipment in transit (scuffs, abrasions, holes in the packaging), a damage report must be drawn up with the courier. The package damage report is necessary to submit a complaint regarding damage to the shipment in transit. If the customer accepts the shipment from the courier without reservations, the store is unable to accept a complaint regarding product damage in transit. This applies to all forms of purchasing goods from PROGUNS, where the delivery of the purchased goods is carried out by a courier company, freight forwarder, or PROGUNS employees.
§7
Right of Withdrawal from the Contract
1. Based on the Consumer Rights Act of May 30, 2014, the Customer has the right to withdraw from the contract without giving any reason.
2. The right of withdrawal is effective if the Customer sends a statement of withdrawal from the contract within 14 days from the date of delivery of the goods. To meet the deadline, it is sufficient to submit the statement before its expiry. The statement can be submitted on the form, the template of which is attached to the Consumer Rights Act of May 30, 2014 (constituting Appendix No. 1 to the Terms and Conditions) or by e-mail to the address: biuro@proguns.pl
3. The Customer shall return the goods to the Store within 14 days of submitting the statement of withdrawal from the contract at their own expense.
4. Within 3 business days of receiving the parcel, the Store will check the condition of the returned product.
5. The Store returns the funds using the same method of payment as used by the Customer.
6. If the Customer has chosen a delivery method other than the cheapest delivery method offered by the Store, the Store will not refund the additional costs incurred by the Customer. The Store will only refund the cost of the cheapest delivery of the given item to the Customer.
7. The Customer is not entitled to the right of withdrawal in the case of the following contracts:
- in which the Customer accepts a package with damaged packaging and a package damage report is not drawn up with the Courier;
- in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
- for the provision of services, if the Store has fully performed the service with the express consent of the Customer, who was informed before the start of the service that after the performance of the service by the Store, they will lose the right to withdraw from the contract;
- in which the subject of the service is a non-prefabricated item, manufactured according to the Customer's specifications or serving to satisfy their individual needs;
- in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;
- in which the Customer explicitly requested that a representative of the Store come to them for urgent repair or maintenance (if the Store additionally provides other services than those requested by the Customer, or delivers items other than spare parts necessary for repair or maintenance, the Customer has the right to withdraw from the contract in relation to additional services or items);
- concluded by public auction;
§8
Privacy Protection
1. By placing an order, the Customer consents to the processing of their personal data solely for the purpose of fulfilling the order.
2. In accordance with Article 13 of the General Data Protection Regulation of April 27, 2016 (OJ L 119, 2016, hereinafter referred to as GDPR), we inform you that:
2.1. The Controller of the Customers' personal data collected through the online Store is the Seller.
2.2. The Customer's personal data will be processed for the purpose of executing the Sales Agreement based on Article 6(1)(b) of the GDPR.
2.3. The recipients of the personal data of the online Store's Customers on behalf of the Seller are the following Processing Entities:
a) In the case of a Customer who uses the courier delivery method in the Store, the recipient is the carrier or intermediary executing the shipment.
b) In the case of a Customer who uses electronic or payment card payment methods in the Store, the recipient is the entity handling the above payments in the online Store.
c) Entities providing hosting services.
d) The entity providing accounting services.
2.4. The Customer's personal data will be processed until the consent to data processing is withdrawn, unless the Customer made a purchase as a Guest, in which case the personal data will be processed until the contract is executed, taking into account the 14-day period entitled for withdrawal from the contract.
2.5. Providing personal data by the Customer is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude a Sales Agreement results in the inability to conclude said agreement.
2.6 The Customer has the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office (UODO).
3. The Customer may also give a separate consent to receive advertising and promotional materials from the Store (including a commercial newsletter), which can be withdrawn at any time.
4. The Customer has the right to access their personal data and correct them, request the cessation of their processing, and object to their processing.
5. Cookies files - proguns.pl uses Cookie technology to adapt the website to your individual needs. You can agree to have the data you entered remembered so that you can use them upon your next visit to proguns.pl without re-entering them. Owners of other websites will not have access to this data. If you do not agree to the personalization of the service, we suggest disabling Cookies in your web browser options.
§9
Intellectual Property
1. It is prohibited to use any materials published on the Store's website (including product photos and descriptions, as well as copying the Terms and Conditions) without the written consent of the Store.
§10
Entry into Force and Amendments to the Terms and Conditions
1. The Terms and Conditions enter into force on the date of publication on the Store's website.
2. These Terms and Conditions may be amended.
3. Amendments to the Terms and Conditions will be published on the Store's website.
4. Information about amendments to the Terms and Conditions will be sent to the Customer at the e-mail address specified in the order.
5. Amendments to the Terms and Conditions enter into force 14 days after the date of their publication in the manner specified in section 3.
6. The Store considers that the Customer has accepted the amendments to the terms and conditions if they have not terminated the contract by the end of the period specified in section 5.
7. In matters not regulated by the provisions of these Terms and Conditions, Polish law shall apply, in particular the provisions of the Civil Code and the Act of May 30, 2014 on Consumer Rights.