TERMS AND CONDITIONS OF THE geschaft.gmbh ONLINE STORE
Effective from: 11 September 2026
Version: 1.0
§ 1. General Provisions
1.1. The online store operating at geschaft.gmbh (hereinafter: the “Store”) is operated by BASEIG S.A., with its registered office in Poznań, ul. Święty Marcin 28/41, 61-805 Poznań, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0001161462, NIP: 7831877465, REGON: 524870296 (hereinafter: the “Seller”).
1.2. Seller’s contact details:
- correspondence address: ul. Święty Marcin 28/41, 61-805 Poznań;
- address for Product returns: “Stripe Pack”, Przyczyna Dolna 13, 67-400 Wschowa;
- email address for matters relating to the Store, Orders, returns and complaints: shop@geschaft.gmbh.
The address specified in point 2 is the address of a logistics facility used for receiving shipments and returned Products and does not constitute the Seller’s registered office. Detailed rules concerning returns and complaints are set out in the relevant provisions of these Terms and Conditions.
1.3. The Store sells clothing, accessories and other products currently offered in the Store, with delivery available within the Republic of Poland and to foreign countries and territories supported by the Store. Current availability of delivery to a given country or territory, available delivery methods and their costs are indicated to the Customer in the Store, in particular during the Order placement process.
1.4. Information concerning the terms and conditions of delivery to individual countries or territories, including estimated delivery times, carriers used, as well as information concerning possible customs duties, import taxes, carrier fees or other costs associated with delivery outside the Republic of Poland, may additionally be provided in the FAQ section available in the Store. Information contained in the FAQ is supplementary and operational in nature and may not exclude or limit the Customer’s rights arising from these Terms and Conditions, the sales agreement or mandatory provisions of law.
1.5. The “geschaft.gmbh” brand and the “Geschäft” designation are trade names used by the Seller. The sole seller and party to sales agreements concluded through the Store is BASEIG S.A. – the entity specified in point 1.1, which is a company governed by Polish law. The designation “geschaft.gmbh” does not mean that the Seller is a company governed by German law operating in the form of a Gesellschaft mit beschränkter Haftung (GmbH), nor does it indicate that the Seller has its registered office outside the Republic of Poland.
1.6. These Terms and Conditions specify in particular:
- the rules for using the Store and the types and scope of services provided electronically;
- the rules for creating, maintaining and deleting an Account;
- the rules for placing Orders and concluding sales agreements, including those concerning products offered on a preorder basis;
- the rules for determining prices, applying discounts and other benefits, including loyalty points, making payments and carrying out deliveries;
- the rules for withdrawal from the agreement and returning Products;
- the Seller’s liability for conformity of the Product with the agreement and the complaint procedure;
- the rules for using the Newsletter;
- the rules for out-of-court resolution of consumer disputes.
1.7. The Seller may operate programmes, systems or campaigns providing Customers with additional benefits related to using the Store or making purchases, in particular discount systems and membership or loyalty programmes. If separate terms and conditions or rules have been established for a given programme or system, the conditions of participation, the method of obtaining and using benefits, limitations, rules for combining benefits and other detailed conditions shall be specified in such separate terms and conditions or rules made available to the Customer before joining the programme or using the benefits arising from it.
1.8. In particular, the detailed rules governing the “Build a Set” discount system, including the current thresholds entitling Customers to specific benefits, the method of calculating discounts, rules for combining or excluding them and rules for settling discounts in the event of partial withdrawal from an agreement, are specified in the separate “Terms and Conditions of the Geschäft Discount System – Build a Set”, available at [LINK TO THE DISCOUNT SYSTEM TERMS AND CONDITIONS]. These terms and conditions constitute an integral part of the conditions governing the use of the Discount System.
1.9. Detailed rules governing membership or loyalty programmes, including GSFT DOERS CLUB, if made available to Customers, may be specified in separate terms and conditions. Participation in such a programme takes place in accordance with the rules set out in the relevant programme regulations. Merely using the Store or making a purchase does not constitute joining a programme unless its rules expressly provide otherwise.
1.10. The terms, conditions and rules referred to in points 1.7–1.9 may be amended in accordance with the procedures specified in those documents. An amendment shall not affect the terms of sales agreements already concluded or rights or benefits acquired by the Customer prior to the amendment taking effect, unless such an effect results from mandatory provisions of law or the amendment is beneficial to the Customer and the Customer agrees to it.
1.11. These Terms and Conditions and any detailed terms and rules applicable to a given Order are made available to the Customer free of charge before the agreement is concluded, in a manner allowing the Customer to review their content and retrieve, reproduce and store them using the Customer’s ICT system.
1.12. No provision of these Terms and Conditions or any detailed terms or rules shall exclude or limit the rights of a Consumer or an Entrepreneur with Consumer Rights arising from mandatory provisions of law. In the event of any conflict between a provision of these Terms and Conditions or detailed terms and mandatory provisions of law, the relevant provisions of law shall prevail.
§ 2. Definitions
For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:
2.1. Seller – BASEIG S.A., with its registered office in Poznań, whose full details are specified in § 1 point 1.1 of these Terms and Conditions.
2.2. Store – the online store operated by the Seller at geschaft.gmbh, through which the Customer may, in particular, review the Seller’s offer, use the Store’s functionalities and place Orders.
2.3. Customer – a natural person, legal person or organisational unit without legal personality that is granted legal capacity by law, using the Store, in particular by placing an Order or entering into a sales agreement with the Seller.
2.4. Consumer – a natural person entering into a legal transaction with the Seller that is not directly related to that person’s business or professional activity.
2.5. Entrepreneur with Consumer Rights – a natural person entering into an agreement with the Seller directly related to their business activity where the content of that agreement indicates that it is not of a professional nature for that person, in particular taking into account the subject matter of their business activity disclosed pursuant to the provisions governing the Central Register and Information on Business Activity.
2.6. Product – a movable item offered by the Seller for sale in the Store, in particular clothing or accessories, which is the subject of a sales agreement concluded between the Customer and the Seller.
2.7. Preorder Product – a Product marked in the Store as “Preorder”, “Przedsprzedaż” or in another unambiguous manner indicating that, at the time the Order is placed, it is not intended for shipment within the standard fulfilment period and that its estimated availability date or shipping commencement date is specified on the Product page or in other information provided to the Customer before the Order is placed.
2.8. Regular Price – the price of a Product applicable in the Store before the application of a discount, discount code or other price reduction available to the Customer as a result of fulfilling the conditions of a particular discount system, programme or campaign. The Regular Price does not mean a crossed-out price or a previous Product price within the meaning of the provisions governing information about price reductions.
2.9. Order – a declaration made by the Customer through the Store’s functionality directly intended to conclude a sales agreement with the Seller concerning one or more Products specified in the Order.
2.10. Sales Agreement – a distance sales agreement for a Product concluded between the Customer and the Seller through the Store under the rules set out in these Terms and Conditions.
2.11. Account – an individual Store functionality made available to the Customer following registration, enabling the Customer to use functions assigned to the Account, including in particular access to Order data and history and other functionalities currently made available by the Seller.
2.12. Newsletter – an electronically supplied service consisting of sending information, content or communications from the Seller to an email address specified by the user, in accordance with these Terms and Conditions and the consents granted by the user where such consents are required under applicable law.
2.13. Discount System – a system organised by the Seller that grants Customers discounts or other benefits upon fulfilment of specified conditions, including the “Build a Set” system, the detailed rules, current thresholds, benefit levels, exclusions, combination rules and settlement rules in the event of partial withdrawal from an agreement being specified in separate terms or rules applicable to the relevant Discount System.
2.14. Membership Programme – a programme organised by the Seller providing its participants with access to specified benefits or functionalities, including GSFT DOERS CLUB, the detailed conditions of participation and use of benefits of which may be set out in separate terms and conditions.
2.15. Loyalty Programme – a programme that may be introduced by the Seller enabling participants to obtain loyalty points or other benefits under rules set out in separate Loyalty Programme terms and conditions. Until such a programme is launched and its terms and conditions are made available, provisions of these Terms and Conditions referring to the Loyalty Programme shall not constitute an obligation on the Seller to operate it or grant Customers points or other benefits.
2.16. Detailed Terms and Conditions – separate terms, rules or conditions relating to a specific programme, system or additional Store functionality, in particular a Discount System, Membership Programme or Loyalty Programme, made available to the Customer before joining the relevant programme or using the benefits arising from it.
2.17. FAQ – a section available in the Store containing additional information of an informational and operational nature, in particular concerning methods and estimated delivery times to individual countries or territories, carriers, returns and possible duties and costs associated with international deliveries. The FAQ supplements the information provided to the Customer in the Store but does not exclude or limit the Customer’s rights under these Terms and Conditions, a sales agreement or mandatory provisions of law.
2.18. Terms and Conditions – these Terms and Conditions of the geschaft.gmbh online Store.
§ 3. Electronically Supplied Services and Technical Requirements
3.1. The Seller provides the following electronic services through the Store free of charge, in particular:
- enabling users to browse Store content and currently offered Products;
- providing the Shopping Cart and Order form;
- maintaining an Account;
- providing the Newsletter service where the user subscribes to the Newsletter;
- enabling the use of electronic forms made available in the Store, including contact, return and complaint forms or Product availability notifications, where such functionality is currently available;
- enabling use of a Membership Programme, Discount System or Loyalty Programme where such programme or system has been launched by the Seller and to the extent resulting from these Terms and Conditions or the applicable Detailed Terms and Conditions.
3.2. Use of the basic functionalities of the Store, in particular browsing Products and placing Orders, does not require installation of additional software. Proper use of the Store requires:
- a device capable of accessing the Internet;
- an Internet connection;
- an up-to-date web browser supporting standard technologies used by modern websites, including JavaScript;
- an active and properly configured email address for functionalities requiring communication by email;
- in the case of online payments, the ability to use the payment method selected by the Customer and available for the relevant Order.
3.3. Use of certain Store functionalities may require cookies or similar technologies where technically necessary to provide the service requested by the Customer, in particular to maintain the contents of the Shopping Cart, the login process or Order processing. The use of other cookies and similar technologies is governed by the Privacy Policy or Cookie Policy available in the Store.
3.4. The Customer is required to use the Store in accordance with applicable law, these Terms and Conditions and generally accepted standards of conduct. In particular, it is prohibited to:
- provide or transmit unlawful content through the Store;
- undertake actions intended to disrupt the proper operation of the Store or its infrastructure;
- introduce or distribute malware through the Store;
- attempt to obtain unauthorised access to other Customers’ Accounts, the Seller’s IT systems or data to which the Customer is not entitled;
- use automated tools or other solutions in a manner causing excessive load on the Store’s infrastructure or interfering with other users’ ability to use the Store.
3.5. A Customer using an Account should keep Account access credentials confidential and must not disclose them to unauthorised persons. If unauthorised access to an Account is suspected, the Customer should immediately change their password and, where justified, inform the Seller at the email address specified in § 1 point 1.2.
3.6. The Seller takes appropriate measures to ensure the proper and secure operation of the Store. Use of the Store may nevertheless be temporarily restricted or interrupted, in particular due to maintenance, updates, technical changes, failure repairs or circumstances beyond the Seller’s reasonable control.
3.7. Where possible, the Seller shall provide reasonable advance notice of planned technical interruptions that may materially limit use of the Store, in particular by posting an appropriate notice in the Store. Users with an Account may additionally be informed of a planned technical interruption at the email address assigned to their Account where the nature or scope of the interruption justifies such notification.
3.8. A technical interruption, failure or temporary unavailability of the Store shall not affect the validity of sales agreements concluded before it occurred and shall not release the Seller from the obligation to properly fulfil accepted Orders, subject to the effect of circumstances beyond the Seller’s control on the possibility or timing of performance of a particular obligation where such effect results from applicable law.
3.9. Reports concerning electronically supplied services, including the Account, Newsletter or forms available in the Store, may be submitted to the email address specified in § 1 point 1.2. The Seller handles reports and complaints concerning electronically supplied services in accordance with applicable law and the relevant provisions of these Terms and Conditions.
§ 4. Customer Account
4.1. The Customer may create an individual Account in the Store. Creating and maintaining an Account is free of charge.
4.2. An Account is created using the registration form available in the Store and by providing the information required in that form, in particular an email address and password. The Customer must provide true, current and non-misleading information and update it to the extent necessary for proper use of the Account.
4.3. The agreement for the electronic provision of the Account service is concluded upon successful completion of the Account registration process and is concluded for an indefinite period.
4.4. Depending on the functionalities currently available in the Store, an Account may enable the Customer in particular to:
- store and modify data assigned to the Account;
- access information concerning Orders assigned to the Account, including their history and current status;
- access Orders awaiting payment and, where such functionality is available, retry or complete payment;
- access documents or information concerning purchases where made available through the Account;
- use functionalities connected with the Discount System, Membership Programme or Loyalty Programme where they have been launched and the relevant functionality is available to the Customer;
- use other functionalities made available by the Seller to Account users.
4.5. Where the Store allows a purchase without registration when placing a particular Order, creation of an Account is not a condition for concluding a sales agreement. Certain additional functionalities or benefits may, however, be available exclusively to Account holders where this follows from their nature or from the applicable Detailed Terms and Conditions.
4.6. Creation of an Account is not conditional upon consent to receive the Newsletter or other commercial or marketing information. Consents relating to marketing communications, where required, are provided separately and voluntarily in accordance with the rules applicable to the relevant form of communication.
4.7. The Seller may send technical, organisational or transactional communications to the email address assigned to the Account in connection with creation, security, operation or servicing of the Account, fulfilment of Orders, payments or changes concerning services provided through the Account. Such messages do not constitute the Newsletter or marketing communications where their content and purpose are limited to information connected with provision of the relevant service or performance of an agreement.
4.8. The Customer must protect their password and other Account access credentials from unauthorised access and should not make the Account available to third parties. If unauthorised access is suspected, the Customer should immediately change the password and, where justified, inform the Seller.
4.9. The Customer may at any time, without stating a reason, discontinue the Account service and request deletion of the Account using a functionality available within the Account, where provided, or by submitting an appropriate request to the email address specified in § 1 point 1.2.
4.10. Deletion of an Account does not cancel Orders placed before its deletion, affect the validity of sales agreements already concluded or release either Party from obligations arising before deletion of the Account. Data concerning concluded agreements and completed transactions may continue to be processed and retained by the Seller to the extent and for the period required by applicable law or necessary for the establishment, pursuit or defence of claims.
4.11. The Seller may temporarily restrict access to an Account where necessary for security reasons, in particular where there is a justified suspicion that the Account has been taken over by an unauthorised person, Account security has been compromised or the Account is being used in a manner that may endanger the security of the Store, other users or the Seller. Where possible, the Seller shall inform the Customer of the reason for the restriction and the method of restoring access.
4.12. The Seller may terminate the Account service agreement for valid reasons, in particular in the event of:
- using the Account contrary to law or these Terms and Conditions;
- providing unlawful, false or third-party-rights-infringing information where the infringement is material;
- carrying out activities through the Account that compromise the security or proper operation of the Store;
- using the Account for activities constituting an abuse of the Store’s functionalities, the Discount System, Membership Programme or Loyalty Programme;
- another material or persistent breach of these Terms and Conditions.
4.13. Unless the nature of the breach justifies immediate action, before terminating the agreement for the reasons specified in point 4.12 the Seller may request that the Customer cease the infringement and provide an appropriate period to remedy it. In the event of a serious breach of law, Store security or the rights of other persons, the Seller may restrict access to the Account or terminate the agreement with immediate effect where proportionate to the nature of the breach.
4.14. Termination of the Account agreement by the Seller does not affect the Customer’s rights arising from sales agreements concluded before termination of the Account service or rights available to Consumers or Entrepreneurs with Consumer Rights under mandatory provisions of law.
4.15. Specific conditions for obtaining or retaining membership in a Membership Programme, using a Discount System or participating in a Loyalty Programme are specified in the applicable Detailed Terms and Conditions. Deletion of the Account may result in loss of access to benefits whose granting or use requires an active Account, in accordance with the applicable Detailed Terms and Conditions.
§ 5. Newsletter
5.1. The Seller provides the Newsletter service free of charge, consisting of sending information concerning the Seller, the Geschäft brand, Products, new collections and drops, Product restocks, offers, discounts, campaigns and other commercial or marketing information connected with the Seller’s activity to the email address specified by the user.
5.2. Subscription to the Newsletter is voluntary and takes place by:
- providing an email address in the Newsletter subscription form or using another Store functionality allowing subscription;
- granting the required consent to receive electronic marketing communications;
- confirming the subscription using an activation link sent to the email address provided (double opt-in).
Until the confirmation referred to in point 3 is completed, the email address shall not be regarded as effectively subscribed to the Newsletter.
5.3. Consent to the Newsletter may not be pre-selected or result solely from acceptance of these Terms and Conditions, the Privacy Policy, creation of an Account or completion of a purchase in the Store. Newsletter subscription requires a separate action by the user expressing their intention to receive marketing communications.
5.4. Subscription to the Newsletter is not a condition for creating an Account, placing an Order or concluding a sales agreement. Lack of consent to the Newsletter does not restrict access to the basic functionalities of the Store.
5.5. In connection with Newsletter subscription, the Seller may grant the user an additional benefit, in particular a Discount Code or discount applicable to a future Order. Information concerning the type and value of the benefit and the conditions of its use shall be provided to the user before subscription or together with information concerning the relevant campaign. Where separate rules or Detailed Terms and Conditions have been established for a particular benefit, use of that benefit shall be governed by those rules.
5.6. Where granting a benefit referred to in point 5.5 depends on effective Newsletter subscription, the benefit may be granted after completion of the double opt-in process. Subsequent unsubscribe from the Newsletter shall not require repayment of a benefit properly used beforehand or increase the price of an Order concluded before unsubscribing, unless there has been abuse or conduct contrary to the terms of the particular campaign as specified and made available to the user before the benefit was used.
5.7. The user may unsubscribe from the Newsletter and withdraw consent to receive marketing communications at any time and without stating a reason, in particular by:
- using the unsubscribe link included in each Newsletter message; or
- submitting an appropriate request to the email address specified in § 1 point 1.2.
Unsubscribing from the Newsletter is free of charge.
5.8. Following successful unsubscribe, the Seller shall stop sending the Newsletter to the relevant email address, subject to the time technically necessary to register and process the user’s instruction.
5.9. Unsubscribing from the Newsletter does not delete the Account, cancel Orders or terminate other services provided by the Seller that do not depend on receiving the Newsletter.
5.10. The Newsletter is separate from technical, organisational and transactional messages connected in particular with the Account, Account security, an Order, payment, delivery, return, complaint or another service requested by the Customer. Unsubscribing from the Newsletter does not stop such communications where their transmission is necessary or justified by performance of an agreement, provision of a service or fulfilment of the Seller’s obligations.
5.11. Detailed information concerning processing of personal data in connection with the Newsletter service, including legal bases, processing periods and rights of data subjects, is set out in the Privacy Policy available in the Store.
§ 6. Prices, Currencies, Discounts and Information on Price Reductions
6.1. Product prices displayed in the Store are gross prices and include value added tax (VAT) or an equivalent tax where applicable to the relevant sale under applicable law.
6.2. Product prices may be displayed in different currencies depending in particular on the selected version of the Store, market or delivery country. The currencies currently available are indicated in the Store. The Seller may determine Product prices and thresholds or values relating to Discount Systems separately for individual currencies without being required to continuously convert them according to exchange rates between those currencies.
6.3. The Product Price and currency displayed in the Order summary immediately before the Order is placed shall be binding on the Customer, taking into account correctly applied discounts, Discount Codes or other benefits available to the Customer.
6.4. Product prices do not include delivery costs unless expressly stated otherwise for a particular Product, Order or delivery method. The delivery cost or information that no such cost applies is presented to the Customer before the Order is placed. Immediately before placing the Order, the Customer is informed of the total amount payable, including the price of the Products, delivery cost and other charges collected by the Seller in connection with the Order, if any.
6.5. In the case of delivery to a country or territory where customs duties, import taxes, carrier charges or other import-related amounts may arise, such amounts may not be included in the amount collected by the Seller in the Store where they are imposed or collected by public authorities, carriers or other third parties. Detailed rules concerning international deliveries and responsibility for such charges are set out in the provisions of these Terms and Conditions concerning delivery, and additional current information concerning individual countries or territories may be provided in the FAQ.
6.6. Where payment is made in a currency other than the currency of the Customer’s account, card or other payment instrument, the Customer’s bank, card issuer or payment service provider may perform currency conversion and charge related fees or commissions in accordance with its own rules. Such charges are not collected by the Seller and do not form part of the Order price.
6.7. Whenever the Seller announces a reduction in the price of a Product and applicable law requires disclosure of the previous price, the Seller shall display, alongside the reduced price, the lowest price of that Product applicable during the 30 days preceding the introduction of the reduction. Where the Product has been offered for sale for less than 30 days, the Seller shall indicate the lowest price applicable from the date on which the Product was first offered until the date on which the reduction was introduced.
6.8. The rule set out in point 6.7 shall be applied in accordance with applicable law, taking into account the nature of the relevant method of reducing the price, in particular rules governing individually granted benefits, Discount Codes, programmes or Discount Systems.
6.9. The Seller may offer Customers discounts, Discount Codes, benefits consisting of a reduction or coverage by the Seller of delivery costs and other benefits dependent on fulfilment of specified conditions, in particular the value or composition of an Order, possession of an Account, participation in a Membership Programme or fulfilment of the terms of a particular campaign or Discount System.
6.10. Conditions for obtaining and using a discount, Discount Code or other benefit, including its validity period, minimum Order value, Product exclusions, possibility of combining it with other benefits and, where applicable, consequences of partial withdrawal from an agreement, are presented to the Customer before the benefit is used or follow from the applicable Detailed Terms and Conditions.
6.11. Discounts, Discount Codes and other benefits may not be combined unless the rules of the particular benefit or the applicable Detailed Terms and Conditions expressly permit combining them. Where a choice is available between different non-combinable benefits, the benefit selected by the Customer shall apply or, where provided by the Store mechanism or applicable Detailed Terms and Conditions, the benefit more favourable to the Customer shall apply.
6.12. Detailed rules governing the “Build a Set” Discount System, including calculation of Order value for the purposes of reaching a particular threshold, current thresholds and corresponding benefits, Products included and excluded from threshold calculations, rules governing combination of benefits and recalculation of the applicable discount level following partial withdrawal from an agreement, are specified in separate Discount System Terms and Conditions.
6.13. In the event of partial withdrawal from an agreement, where a discount or other benefit depended on the value, quantity, type or composition of Products included in the Order, entitlement to retain that benefit shall be recalculated on the basis of the Products remaining subject to the agreement following partial withdrawal, provided that such method of settlement was specified in the conditions applicable to the relevant benefit or applicable Detailed Terms and Conditions and made available to the Customer before the Order was placed. The detailed method for recalculating the benefit and settling the amount due to the Customer is specified in the conditions applicable to the relevant benefit or applicable Detailed Terms and Conditions.
6.14. Point 6.13 shall not apply in a manner resulting in loss or reduction of a benefit for reasons attributable to the Seller, in particular where, after conclusion of the agreement, the Seller is unable to fulfil part of the Order due to Product unavailability, unless the Customer agrees to another solution that is favourable to them.
6.15. Information about Products and their prices presented in the Store constitutes an invitation to enter into an agreement within the meaning of Article 71 of the Polish Civil Code and does not constitute an offer, subject to mandatory provisions of law.
6.16. A change in a Product Price, Discount System thresholds or conditions of a particular benefit made after conclusion of a sales agreement does not affect the price or conditions applicable to an Order already covered by the concluded agreement. The prices and conditions applicable and presented to the Customer when the relevant Order was placed shall apply, taking into account the rules concerning partial withdrawal from the agreement accepted by the Customer before placing the Order.
§ 7. Loyalty Programme and Discount Codes
7.1. The Seller may make a Loyalty Programme available to Customers under which Customers may earn loyalty points or other benefits in accordance with separate Loyalty Programme Terms and Conditions.
7.2. Until the Loyalty Programme is launched and its terms and conditions are made available, the provisions of these Terms and Conditions shall not provide a basis for a Customer to demand loyalty points or other benefits associated with the Loyalty Programme.
7.3. The Loyalty Programme Terms and Conditions shall specify in particular, as appropriate to the adopted Programme model:
- conditions for joining and leaving the Programme;
- rules for awarding loyalty points or other benefits;
- methods and conditions for using points or other benefits;
- validity periods of points or other benefits where limited;
- rules relating to points or benefits in the event of Order cancellation, withdrawal from an agreement, Product return or complaint;
- rules concerning changes to or termination of the Programme and the effect of such changes on points or other benefits obtained before their introduction.
7.4. The Seller may provide Discount Codes entitling Customers to a specified discount or other benefit upon fulfilment of conditions specified for a particular Discount Code.
7.5. Conditions for using a Discount Code may specify in particular:
- its validity period;
- a minimum Order value;
- Products or Product categories covered by or excluded from the Discount Code;
- the permitted number of uses of the Discount Code, including a restriction to one use per Customer or Account;
- the group of Customers entitled to use it;
- whether or not the Discount Code may be combined with other discounts, a Discount System or other benefits;
- other conditions necessary for using the Discount Code, presented to the Customer before its use.
7.6. Conditions governing a Discount Code are made available to the Customer in a manner appropriate to the way in which the Code is distributed, in particular together with the Discount Code, in a communication concerning the relevant campaign, in the Store or in the applicable Detailed Terms and Conditions.
7.7. A Discount Code should be entered in the designated place in the Store before the Order is placed. Where the Code has been applied correctly, the resulting benefit is reflected in the Order summary before the Order is placed.
7.8. A Discount Code may not be exchanged for cash or paid out in cash equivalent unless the conditions applicable to that Code expressly provide otherwise or such an obligation results from mandatory provisions of law.
7.9. In the event of partial withdrawal from an agreement, where eligibility to use a Discount Code or the amount of the resulting benefit depended on the value, quantity, type or composition of Products included in the Order, the rules for recalculating benefits set out in § 6 of these Terms and Conditions and, where established, the conditions applicable to the relevant Discount Code shall apply.
7.10. The provisions of this section concerning the Loyalty Programme do not replace the rules governing the Discount System or Membership Programme. The Discount System, Membership Programme and Loyalty Programme are separate mechanisms unless the applicable Detailed Terms and Conditions expressly provide for a connection between them.
§ 8. Placing Orders
8.1. Customers may place Orders through the Store 24 hours a day, subject to technical interruptions or temporary unavailability of individual Store functionalities.
8.2. An Order may be placed by a Customer holding an Account or, where the Store provides such an option, without creating an Account.
8.3. To place an Order, the Customer:
- selects one or more Products and adds them to the Shopping Cart;
- selects a delivery method and payment method available for the relevant Order;
- provides or confirms information required to fulfil the Order;
- reviews the Order summary, including in particular the selected Products, their quantity and price, discounts or other benefits applied, delivery costs and the total amount payable;
- accepts these Terms and Conditions and, where Detailed Terms and Conditions apply to the Order, confirms having read and accepted them;
- places the Order using a button or other function clearly indicating that placing the Order entails an obligation to pay.
8.4. Until the Order is placed, the Customer may check and correct the information provided and change the contents of the Shopping Cart, delivery method and payment method within the options currently available for the relevant Order.
8.5. Placing an Order constitutes submission by the Customer to the Seller of an offer to conclude a sales agreement for the Products included in the Order on the conditions presented to the Customer immediately before it is placed. All Orders require advance payment in accordance with § 9.
8.6. After placing an Order, the Customer is directed to make payment using the selected payment method. Where payment is not successfully completed, the Order may remain awaiting payment for the period specified in § 9, and the Customer may receive an email containing Order information and an option to retry or complete payment. A message concerning an Order awaiting payment does not constitute confirmation of acceptance of the Order for fulfilment or conclusion of a sales agreement.
8.7. The sales agreement is concluded when the Seller sends the Customer an email unequivocally confirming acceptance of the Order for fulfilment. The message is sent after the Seller receives information confirming successful payment and may also include confirmation that payment has been received. A confirmation of payment or payment authorisation issued solely by a payment operator, bank or another payment service provider does not constitute confirmation by the Seller that the Order has been accepted for fulfilment.
8.8. Information presented in the Store, including Product availability information, is updated on an ongoing basis. However, in exceptional circumstances, after an Order is placed, it may emerge that a Product is unavailable in the quantity ordered, in particular due to simultaneous Orders placed by several Customers, inventory synchronisation errors or other technical errors.
8.9. Where, before conclusion of the sales agreement, it becomes apparent that all or part of an Order cannot be fulfilled, the Seller shall promptly inform the Customer. Where only part of the Order cannot be fulfilled, the Customer may choose to proceed with the remainder or cancel the entire Order. Where payment has already been made, the relevant amount shall be refunded.
8.10. Where inability to fulfil part of an Order becomes apparent after conclusion of the sales agreement, the Seller shall promptly inform the Customer and make the appropriate settlement in accordance with applicable law. The Seller may propose a change to the Order or another solution, but its implementation requires the Customer’s consent.
8.11. Where inability to fulfil part of an Order results from circumstances attributable to the Seller, removal of an unavailable Product from the Order shall not cause the loss or reduction of any discount or other benefit obtained by the Customer on the basis of the original value or composition of the Order, in accordance with § 6 and the applicable Detailed Terms and Conditions.
8.12. The Seller may impose restrictions on the maximum number of units of a particular Product that may be purchased in a single Order or by a single Customer where justified in particular by limited Product availability, the nature of a limited collection, prevention of commercial-scale resale or ensuring Product availability to a greater number of Customers. Information concerning such restriction shall be presented in the Store before the Order is placed.
8.13. The Seller may refuse to fulfil an Order before conclusion of the sales agreement where:
- it is objectively impossible to fulfil the Order;
- information provided prevents fulfilment or delivery of the Order and the Customer fails to supplement or correct it despite being given the opportunity to do so;
- there is justified suspicion that the Store is being used for unlawful or fraudulent activities or activities compromising the security of the Store or payment system;
- restrictions concerning the number of Products, of which the Customer was informed before placing the Order, have been circumvented.
Where the Order has already been paid for, the Seller shall refund the payment received to the extent that no sales agreement is concluded.
8.14. The provisions of this section also apply to Preorder Products, taking into account the specific rules set out in these Terms and Conditions and the information presented to the Customer in relation to the relevant Product.
§ 9. Payments
9.1. All Orders placed in the Store require advance payment.
9.2. The Customer may make payment using payment methods currently available in the Store. Payment methods available for a particular Order are presented to the Customer before the Order is placed.
9.3. Payments in the Store are processed by external payment service providers. Use of a particular payment method may require actions specified by the relevant payment service provider and is carried out using solutions made available by that provider.
9.4. After placing an Order, the Customer should make payment directly as part of the Order placement process. Where payment is not successfully made or completed, the Order may remain awaiting payment for a period of time and no sales agreement is concluded during this period under the rules set out in § 8.
9.5. While an Order remains awaiting payment, Products included in the Order may be temporarily reserved for the Customer. An Order remaining in awaiting-payment status does not guarantee reservation of Products for any particular period.
9.6. As long as an Order remains available as awaiting payment and has not been cancelled, the Customer may retry or complete payment using functionality available in the Store, through the Account or using a link sent by the Seller to the email address specified in the Order, where such functionality is available.
9.7. The Seller may cancel an Order for which payment has not been successfully completed, in particular in connection with periodic verification and updating of unpaid Orders. Cancellation of an unpaid Order does not require withdrawal from a sales agreement because no sales agreement has yet been concluded. Any reservation of Products covered by the Order also expires upon cancellation.
9.8. Payment shall be considered successfully completed when the Seller receives information from the relevant payment service provider allowing confirmation that payment for the Order has been properly made.
9.9. Successful payment alone does not constitute acceptance of the Order for fulfilment or conclusion of a sales agreement. The sales agreement is concluded in accordance with § 8 point 8.7.
9.10. Where payment has been successfully made but no sales agreement is concluded in relation to all or part of an Order, the Seller shall refund all or the relevant part of the payment received using the same payment method used by the Customer, unless the Customer expressly agrees to another refund method that does not involve any cost to the Customer.
9.11. The Seller issues a sales document relating to the Order electronically and sends it to the email address provided by the Customer in connection with the Order or makes it available in another electronic manner agreed with the Customer, in accordance with applicable law.
9.12. The Seller is not responsible for additional fees or commissions charged directly to the Customer by their bank, card issuer, payment service provider or another third party in connection with the selected payment method or currency conversion, provided that such fees are not collected for the Seller.
§ 10. Delivery and Order Fulfilment
10.1. Products are delivered through carriers made available by the Seller in the Store, to the address specified by the Customer or, where such delivery method is available for the relevant Order and delivery location, to a collection point or parcel locker selected by the Customer. The Seller does not offer personal collection of Orders.
10.2. The Seller delivers to countries and territories currently supported by the Store. Availability of delivery to a particular location is indicated to the Customer in the Store, in particular during the Order placement process.
10.3. Available delivery methods depend in particular on the delivery country or location, type of Products and carriers currently servicing the Store. Delivery methods available for the relevant Order are presented to the Customer before the Order is placed.
10.4. Delivery costs are presented to the Customer before the Order is placed and depend in particular on the delivery location, selected delivery method and parameters of the Order.
10.5. Delivery costs may be subject to a discount or other benefit depending in particular on the value or composition of the Order, in accordance with § 6 and, where applicable, the relevant Detailed Terms and Conditions. In the event of partial withdrawal from an agreement, entitlement to retain such benefit shall be recalculated where this settlement method was provided for in the conditions applicable to the relevant benefit or Detailed Terms and Conditions and made available to the Customer before placing the Order.
10.6. The Seller begins fulfilling the Order after the sales agreement has been concluded in accordance with § 8. The time required to prepare the Order for shipment may depend in particular on Product availability, the type of Order and periodic increases in Order volume.
10.7. Information concerning the estimated time required to prepare an Order and estimated delivery times to individual countries or territories may be provided in the Store, on the Product page, during the Order placement process or in the FAQ. Delivery times stated by a carrier are estimates unless the Seller has expressly undertaken to deliver to the Customer within a specified period.
10.8. Subject to Preorder Products and cases where the Parties have agreed another delivery date, the Seller shall deliver a Product to a Consumer or Entrepreneur with Consumer Rights without undue delay and no later than 30 days after conclusion of the sales agreement.
10.9. For a Preorder Product, the estimated availability date, commencement of shipping or fulfilment date is indicated in relation to the Product or provided to the Customer before the Order is placed. By placing an Order including a Preorder Product, the Customer acknowledges that it will be shipped in accordance with the timeframe applicable to the relevant Preorder rather than the standard preparation time applicable to Products available in stock.
10.10. Where an Order contains both a Product available for standard shipping and a Preorder Product, the method and estimated timeframe for fulfilling the Order are presented to the Customer before it is placed or follow from the information applicable to the relevant Preorder. The Seller may fulfil such an Order in more than one shipment without charging the Customer additional delivery costs beyond those presented to and accepted by the Customer when placing the Order.
10.11. In the case of delivery to a country or territory where customs duties, import taxes, customs clearance fees, carrier fees or other amounts imposed or collected by public authorities, carriers or other third parties arise in connection with importation of Products, such amounts are not included in Product prices or delivery costs collected by the Seller and shall be borne by the Customer. Their amount is determined independently of the Seller and may depend in particular on the delivery country or territory, value and type of Products and applicable laws and rules of the relevant third parties. Current information concerning possible charges relating to delivery to selected countries or territories may be provided in the FAQ.
10.12. The Customer should provide correct and complete information required to deliver the Order and, to the extent required for the relevant shipment, to complete customs clearance or other formalities related to its delivery.
10.13. Where, for reasons attributable to the Customer, a shipment cannot be successfully delivered or is returned to the Seller, in particular due to an incorrect or incomplete address, failure to collect the shipment or failure to complete actions required from the Customer in connection with customs clearance or importation, the Customer shall bear additional costs actually incurred by the Seller that are reasonable and directly related to such circumstances, including in particular the cost of returning the shipment to the Seller, additional charges imposed on the Seller by the carrier or other entities involved in delivery and storage costs.
The above rule shall not apply to costs which, pursuant to mandatory provisions of law, are borne by the Seller, nor shall it restrict the right of a Consumer or Entrepreneur with Consumer Rights to withdraw from the agreement.
Where the Seller is simultaneously required to refund funds to the Customer in connection with the relevant Order, the Seller may set off its due and payable claim concerning the costs referred to above against the Customer’s refund claim where the legal conditions for set-off under applicable law are met. The Seller shall inform the Customer of the set-off, its basis, the amount of the costs settled and the amount remaining to be refunded.
10.14. Where the Customer decides to have an Order returned to the Seller for reasons specified in point 10.13 sent again, reshipment shall take place after the Customer has paid the costs referred to in point 10.13 and the cost of redelivery. The Seller shall inform the Customer of the amount payable and provide a payment method. Reshipment shall take place after the required payment is received. At its discretion, the Seller may cover all or part of such costs for the Customer.
10.15. Points 10.13–10.14 do not restrict the right of a Consumer or Entrepreneur with Consumer Rights to withdraw from the agreement or any other rights available under mandatory provisions of law.
10.16. Products are delivered through carriers made available by the Seller in the Store, to the address specified by the Customer or, where available for the relevant Order and delivery location, to a collection point or parcel locker selected by the Customer. The Seller does not offer personal collection of Orders.
10.17. Where possible, the Customer should inspect the condition of the shipment upon receipt. If damage is identified, it is recommended that its condition be documented, in particular by taking photographs or preparing a damage report with the carrier. Failure to do so does not deprive a Consumer or Entrepreneur with Consumer Rights of the right to submit a complaint or restrict their statutory rights.
10.18. The Seller may allow the Customer to request an individual modification of a purchased Product, in particular shortening, narrowing or another agreed adjustment. Where the Seller accepts such a modification, the modification itself shall be carried out free of charge unless the Customer was expressly informed of different conditions before requesting it.
The Customer bears the cost of sending the Product to the Seller for modification and the cost of sending the modified Product back to the Customer. Before reshipping, the Seller informs the Customer of the delivery cost and payment method, and the Product is shipped after the relevant delivery payment is received.
An individual Product modification is carried out on the basis of the scope of changes agreed with the Customer. The effect of an individual Product modification on the right of withdrawal is specified in § 12.
§ 11. Complaints – Lack of Conformity of the Product with the Agreement
11.1. The Seller is liable to Consumers and Entrepreneurs with Consumer Rights for lack of conformity of a Product with the agreement in accordance with the Polish Consumer Rights Act.
11.2. A Product conforms with the agreement if it meets the conformity requirements specified by applicable law, in particular where its description, type, quantity, quality, completeness and other agreed characteristics conform with the agreement, it is fit for the purposes for which Products of that type are normally used and possesses characteristics, including durability and safety, that a Consumer may reasonably expect, taking into account the nature of the Product, information provided before conclusion of the agreement and public statements binding on the Seller.
11.3. Conformity of a Product with the agreement is assessed taking into account its objective characteristics and information concerning the Product made available to the Customer before conclusion of the agreement, including in particular its name, description, specified variant, colour, material and other characteristics specified on the Product page.
A failure to meet the Customer’s subjective expectations concerning the appearance, colour, shade, texture or other characteristics of a Product that do not arise from the agreement or Product information provided by the Seller shall not constitute lack of conformity with the agreement.
Product photographs are intended to represent their appearance as accurately as reasonably possible. However, the display of colours and shades may vary depending in particular on screen specifications and settings, the type of device, display brightness and other technical characteristics of the device used by the Customer. A difference between the way a colour or shade is displayed on the Customer’s device and the actual colour or shade of the Product does not in itself constitute lack of conformity where the Product corresponds to its name, description, indicated variant and other objective Product information made available by the Seller before conclusion of the agreement.
The above provisions do not exclude the Seller’s liability where the way in which the Seller presented or described the Product objectively misled the Customer as to its actual characteristics.
11.4. Where, due to the material used, production technology, dyeing, washing, ageing or finishing process or other characteristics of a particular Product, individual units may exhibit natural differences, in particular in shade, degree of colouring, washed effect, texture or placement of finishing effects, differences falling within the ordinary range resulting from the technology used shall not in themselves constitute lack of conformity, provided that the Product retains the type, variant and essential characteristics presented to the Customer before conclusion of the agreement.
11.5. The Seller shall be liable for lack of conformity of the Product with the agreement existing at the time of delivery and disclosed within two years thereafter. Lack of conformity disclosed before expiry of two years from delivery shall be presumed to have existed at the time of delivery unless proven otherwise or such presumption is incompatible with the specific nature of the Product or the nature of the lack of conformity.
11.6. In the event of lack of conformity, the Consumer may request repair or replacement of the Product. The Seller may replace the Product where the Consumer requests repair or repair the Product where the Consumer requests replacement if bringing the Product into conformity using the method selected by the Consumer is impossible or would entail excessive costs for the Seller.
Where both repair and replacement are impossible or would entail excessive costs for the Seller, the Seller may refuse to bring the Product into conformity. In such a case, the Consumer may exercise the right to a price reduction or, where the statutory conditions are met, withdraw from the agreement in accordance with the rules below.
11.7. Repair or replacement shall be carried out within a reasonable period from the time the Seller is informed of the lack of conformity, without excessive inconvenience to the Consumer and taking into account the nature of the Product and the purpose for which the Consumer purchased it.
The costs of repair or replacement, including in particular postage, transport, labour and materials, shall be borne by the Seller.
11.8. The Consumer may submit a declaration of price reduction or withdrawal from the agreement in circumstances provided for by applicable law, in particular where:
- the Seller has refused to bring the Product into conformity;
- the Seller has failed to bring the Product into conformity;
- the lack of conformity continues despite the Seller having attempted to bring the Product into conformity;
- the lack of conformity is sufficiently serious to justify a price reduction or withdrawal without a prior request for repair or replacement;
- it is clear from the Seller’s statement or the circumstances that the Seller will not bring the Product into conformity within a reasonable period or without excessive inconvenience to the Consumer.
11.9. The reduced price shall bear the same proportion to the contractual price as the value of the non-conforming Product bears to the value of a conforming Product. The Seller shall refund the amount due to the Consumer as a result of the price reduction without undue delay and no later than 14 days after receiving the Consumer’s declaration of price reduction.
11.10. The Consumer may not withdraw from the agreement due to lack of conformity where the lack of conformity is insignificant. Lack of conformity shall be presumed to be significant.
Where lack of conformity concerns only certain Products delivered under the agreement, the Consumer may withdraw from the agreement in relation to those Products and also in relation to other Products purchased together with the non-conforming Products where the Consumer cannot reasonably be expected to agree to retain only the conforming Products.
11.11. A Customer may submit a complaint concerning lack of conformity of a Product:
- using the electronic complaint form available in the Store at: [LINK TO COMPLAINT FORM]; or
- by email to: shop@geschaft.gmbh.
The electronic complaint form is the method recommended by the Seller and allows the Order to be identified and the complaint to be handled more efficiently. Use of the form is not a condition for valid submission of a complaint and does not restrict submission by any other method permitted under applicable law.
11.12. To facilitate handling of a complaint, it is recommended that the notification include in particular the Order number, information allowing identification of the Customer and Product, a description of the identified lack of conformity and circumstances in which it was discovered, and the Customer’s request.
The Customer may also attach photographs or other materials allowing an initial assessment of the complaint. Failure to provide photographs, a receipt or an invoice shall not in itself constitute grounds for refusing to accept or consider the complaint.
11.13. Where assessment of the complaint requires physical inspection of the Product, the Consumer is required to make the Product available to the Seller for verification. The Seller shall promptly provide information concerning the method of sending the Product and shall enable it to be sent at the Seller’s expense, in particular by providing a prepaid return label.
The Consumer should dispatch or otherwise make the Product available to the Seller as agreed without undue delay, in sufficient time to allow delivery to the Seller and completion of the necessary verification before expiry of the statutory period for responding to the complaint. In assessing compliance with this obligation, the estimated transport time and reasonable time necessary to receive and inspect the Product shall in particular be taken into account.
Where the Consumer anticipates being unable to provide the Product within this period, they should promptly inform the Seller.
11.14. Where, despite the Seller enabling the Product to be sent at the Seller’s expense, the Consumer does not make the Product available in sufficient time to complete the necessary verification before expiry of the statutory deadline for responding to the complaint, the Seller shall consider the complaint within that deadline on the basis of the available information and materials.
Where the nature of the reported lack of conformity requires physical inspection and the available information and materials do not allow it to be confirmed without such inspection, the Seller may reject the complaint because its merits cannot be confirmed due to the Product not having been made available for the necessary verification.
Failure to make the Product available within the required period does not extinguish the Consumer’s statutory rights relating to lack of conformity.
11.15. The Seller shall respond to a Consumer’s complaint within 14 days of receiving it. Where the Seller fails to respond within the statutory period, the consequences provided for under applicable law shall apply.
The response to the complaint shall be provided to the Consumer on paper or another durable medium, in particular to the email address specified in the Order or complaint.
11.16. The period specified in point 11.15 is the period for responding to the complaint and does not mean that repair, replacement or another action following acceptance of the complaint must be completed within the same period where applicable law provides another timeframe or requires completion within a reasonable period.
11.17. In the event of effective withdrawal from an agreement due to lack of conformity, the Consumer shall return the Product to the Seller at the Seller’s expense. The Seller shall refund the price without undue delay and no later than 14 days after receiving the Product or evidence of its return.
The refund shall be made using the same payment method used by the Consumer unless the Consumer expressly agrees to another method that does not involve any cost to them.
11.18. Where a complaint is not accepted, the Seller shall inform the Customer of the outcome, reasons for rejecting the complaint and further procedure concerning the Product submitted to the Seller for verification.
Rejection of a complaint does not automatically result in the Consumer being charged the costs of processing the complaint or sending the Product for necessary verification.
The above does not exclude the Seller’s right, under applicable law, to seek reimbursement of actually incurred and justified costs or compensation for damage resulting from culpable conduct by the Customer, in particular deliberate abuse of the complaint procedure, use of that procedure to circumvent the rules governing paid returns or another action resulting in unjustified additional costs to the Seller.
Rejection of a complaint does not prevent the Consumer from pursuing their claims further in accordance with applicable law.
11.19. Where a complaint is rejected and the Product was submitted to the Seller for verification, the Seller shall inform the Customer of the possibility of returning the Product to them and agree with the Customer on the method of return.
The Product shall remain available to the Customer for a reasonable period allowing the method of return to be agreed. The Customer should respond to the Seller’s information without undue delay and provide the information or perform other actions necessary for return of the Product.
Where, despite being informed of the possibility of returning the Product, the Customer fails to provide the necessary cooperation, the Seller may again request that the Customer indicate how the Product should be handled, setting an appropriate deadline.
The provisions of this point do not exclude the Seller’s right, under applicable law, to seek reimbursement of actually incurred and justified costs arising from lack of cooperation by the Customer or other circumstances for which the Customer is responsible.
11.20. Where a Product is covered by a warranty, the Consumer may exercise warranty rights independently of rights available against the Seller due to lack of conformity. Exercise of warranty rights does not exclude, limit or suspend the Seller’s liability to the extent provided by applicable law.
11.21. The provisions of this section concerning Consumers shall apply to Entrepreneurs with Consumer Rights to the extent arising from applicable law.
11.22. In relation to Customers who are entrepreneurs to whom provisions concerning Consumers or Entrepreneurs with Consumer Rights do not apply, the Seller’s statutory warranty liability for Product defects is excluded pursuant to Article 558 § 1 of the Polish Civil Code.
§ 12. Right of Withdrawal and Product Returns
12.1. A Consumer or Entrepreneur with Consumer Rights who has concluded a distance sales agreement through the Store may withdraw from it without stating a reason within 14 days, subject to exceptions provided for by applicable law and this section.
12.2. The period for withdrawal begins on the date on which the Consumer or a third party designated by the Consumer other than the carrier takes possession of the Product.
Where a single Order includes multiple Products delivered separately, in batches or in parts, the period begins when possession is taken of the last Product, batch or part.
To comply with the withdrawal deadline, it is sufficient to submit a declaration of withdrawal before the deadline expires.
12.3. The Consumer may withdraw from the agreement in full or, where it covers several Products, in relation to selected Products, subject to the rules governing recalculation of discounts and other benefits specified in these Terms and Conditions and the applicable Detailed Terms and Conditions.
12.4. A declaration of withdrawal may in particular be submitted:
- using the withdrawal functionality available through the Store interface at: [LINK TO WITHDRAWAL FUNCTION];
- by email to: shop@geschaft.gmbh;
- using the statutory model withdrawal form provided below these Terms and Conditions.
Use of the model form is not mandatory. The Consumer may submit the declaration in another manner permitted by applicable law, provided it unambiguously communicates the decision to withdraw from the agreement.
12.5. Where the Consumer uses the electronic withdrawal functionality available in the Store, the Seller shall promptly send confirmation of receipt of the withdrawal declaration on a durable medium, in particular to the email address specified by the Consumer.
12.6. Following withdrawal, the Consumer is required to return the Product to the Seller without undue delay.
Products being returned should be sent to:
“Stripe Pack”
Przyczyna Dolna 13
67-400 Wschowa
Poland
unless the Seller specifies another return method or address.
Where the Product is not returned, the Seller may request its immediate return and, if the obligation continues not to be fulfilled, take legally permitted action to recover the Product and pursue claims arising from failure or delay in fulfilling the return obligation.
12.7. The Consumer bears the direct costs of returning the Product in connection with exercising the right of withdrawal unless the Seller expressly agrees to bear them or the Seller is required to do so under mandatory provisions of law.
The Seller may make an additional return method organised by the Seller available to the Consumer. The terms and any cost of such service shall be presented to the Consumer before it is selected. Use of such method is voluntary and does not restrict the Consumer’s right to return the Product independently.
12.8. In the event of effective withdrawal, the Seller shall refund payments received from the Consumer relating to the part of the agreement covered by the withdrawal, in accordance with applicable law and these Terms and Conditions.
Where the Consumer withdraws from the entire agreement, the refund shall also include the cost of the original delivery of the Products to the Consumer up to the amount corresponding to the least expensive ordinary delivery method offered by the Seller for the relevant Order. Where the Consumer selected a delivery method more expensive than the least expensive ordinary method offered by the Seller, the Seller is not required to refund the additional costs resulting from that choice.
In the event of partial withdrawal, the original delivery cost shall be refunded only to the extent required by applicable law in connection with the Products covered by the withdrawal.
12.9. The Seller shall make the refund due to the Consumer in connection with withdrawal.
The Seller may withhold the refund where entitled to do so.
A returned Product is subject to verification, in particular in terms of whether it corresponds to the Product covered by the withdrawal, completeness of the return and condition of the Product, including circumstances that may result in the Consumer being liable for diminished value.
The refund shall be made using the same payment method used by the Consumer unless the Consumer expressly agrees to another refund method that does not involve any cost to them.
12.10. Where the price of Products or another benefit granted in connection with an Order depended on the value, quantity, type or composition of the Products included in the Order, in the event of partial withdrawal entitlement to retain that benefit shall be recalculated on the basis of the Products remaining subject to the agreement, in accordance with § 6 and the conditions applicable to the relevant benefit or Detailed Terms and Conditions made available before the Order was placed.
Where, following partial withdrawal, the Products remaining under the agreement meet the conditions for a lower discount or other benefit level, their price shall be determined taking that level into account. Where they no longer meet the conditions for any discount or benefit level, their price shall be determined without applying the benefit dependent on the unfulfilled condition.
The amount due to the Consumer as a result of partial withdrawal shall constitute the difference between the amount actually paid by the Consumer for the Order and the price of the Products remaining subject to the agreement after recalculation of applicable discounts or other benefits, taking into account other settlements due as a result of withdrawal.
12.11. The rule set out in point 12.10 also applies to a benefit concerning delivery costs where granting that benefit depended on reaching a specified value, quantity, type or composition of Products and the conditions governing the benefit or applicable Detailed Terms and Conditions made available before the Order was placed provided for recalculation following partial withdrawal.
Such recalculation does not affect the obligation to refund the original delivery costs to the extent that such an obligation results from mandatory provisions of law.
12.12. Detailed rules governing recalculation of discounts and other benefits granted under the “Build a Set” Discount System, including individual discount thresholds and delivery-cost benefits, are specified in the “Build a Set” Discount System Terms and Conditions.
Recalculation of a discount or other benefit following partial withdrawal does not constitute a penalty, return fee or restriction of the right of withdrawal, but serves to determine the price of Products remaining under the agreement in accordance with the benefit conditions accepted by the Customer before placing the Order.
12.13. The Consumer may inspect a Product to the extent necessary to establish its nature, characteristics and functioning, in a manner corresponding to the possibility of inspecting such Product in a physical store.
The Consumer shall be liable for any diminished value of the Product resulting from handling it beyond what is necessary to establish its nature, characteristics and functioning.
12.14. When assessing any diminished value, the Seller shall take into account the actual condition of the returned Product and the effect of the Consumer’s handling of it on its subsequent commercial value.
In particular, dirt, damage, washing, wearing the Product beyond ordinary fitting, odour or other signs of use, removal, cutting or damage to tags, seals, security features or packaging components may be taken into account when determining diminished value where, in the particular case, such circumstances actually resulted in a reduction in value.
The absence, removal, breaking or damage of a tag, seal or other security feature identifying the Product does not in itself result in loss of the right of withdrawal unless a statutory exception applies to the relevant Product. Geschäft Products are offered as limited products and individual units bear individual markings or numbers placed on tags, seals or other identification elements forming part of the completeness of the Product. Removal, breaking, damage or loss of such an element affects the completeness and integrity of the identification of the limited unit and results in diminished commercial value.
The amount of diminished value shall be determined individually during verification of the return, taking into account in particular the type of marking removed or damaged, the condition and completeness of the Product and the effect of the circumstances identified on the possibility of resale and commercial value. The method of settling diminished value is specified in point 12.15.
12.15. Where verification of a returned Product establishes diminished value for which the Consumer is liable, the Seller shall determine the amount individually, taking into account in particular the type and extent of changes identified, condition and completeness of the Product, degree of use and the effect of these circumstances on the commercial value and possibility of resale.
The Seller shall inform the Consumer of the outcome of verification, circumstances identified as affecting the Product’s value and the amount of diminished value determined. Diminished value shall not be imposed as an automatic charge, penalty or predetermined percentage.
Where diminished value is identified, the Seller may offer the Consumer a choice between:
- leaving the Product with the Seller and settling the refund due taking into account the determined diminished value; or
- having the Product returned to the Consumer after the Consumer first pays the cost of reshipment.
Where such a choice is offered, the Seller shall specify a deadline for communicating the decision. Where option 2 is selected, the Seller shall inform the Consumer of the reshipment cost and payment method, and the Product shall be dispatched after payment is received.
Failure by the Consumer to respond does not constitute acceptance of the determined diminished value or selection of either option.
12.16. The Consumer shall not have the right of withdrawal in cases specified by applicable law, including in particular agreements:
- concerning a non-prefabricated Product manufactured according to the Consumer’s specifications or intended to satisfy the Consumer’s individual needs;
- concerning a Product delivered in sealed packaging which cannot be returned once opened for health protection or hygiene reasons, where the packaging has been opened after delivery.
For the purposes of point 1, a Product manufactured according to the Consumer’s specifications or intended to satisfy their individual needs includes in particular a Product made, personalised or modified specifically for the Consumer at their individual request, including where modification is performed after the Product was initially delivered. This applies in particular to shortening or other adjustment of length, narrowing, changes in cut or dimensions, individual printing, embroidery, markings or another modification agreed with the Consumer.
Selecting a Product from standard variants offered by the Seller, in particular a standard size or colour, does not constitute an individual Product modification.
12.17. The exclusion referred to in point 12.16(2) may apply in particular to certain Products having direct contact with the body, including certain types of underwear or socks, only where the statutory conditions for applying that exclusion are met, in particular where the Product was delivered in sealed packaging and cannot be returned to circulation after opening due to health protection or hygiene reasons.
12.18. The provisions of this section relating to Consumers shall apply to Entrepreneurs with Consumer Rights to the extent arising from applicable law.
§ 13. Preorder
13.1. The Seller may offer Products in the Store on a Preorder basis. A Product offered in this manner is appropriately marked in the Store before an Order is placed.
13.2. Preorder allows the Customer to place an Order for a Product before it becomes regularly available or before it is received into the Seller’s warehouse. Other provisions of these Terms and Conditions shall apply to Orders including Preorder Products, taking into account the specific rules set out in this section.
13.3. Before an Order for a Preorder Product is placed, the Seller shall provide the Customer with the estimated availability date, commencement of shipping or another estimated fulfilment date for the Preorder. Such information may in particular be presented on the Product page or during the Order placement process.
13.4. The date indicated for a Preorder is estimated unless expressly marked by the Seller as guaranteed. The fulfilment date may change, in particular in the event of production delays, delays in delivery to the warehouse, customs clearance, transport or other circumstances affecting Product availability.
13.5. Where the estimated Preorder fulfilment date changes materially, the Seller shall inform the Customer using the email address assigned to the Order and provide updated information concerning the estimated fulfilment date.
13.6. Where a delay in Preorder fulfilment means that the Customer no longer wishes to wait for the Product, the Customer may discontinue waiting for the Preorder to be fulfilled. Where an agreement concerning the Preorder Product is terminated, the Seller shall refund the payment received for that Product using the same payment method used for payment unless the Customer agrees to another refund method not involving additional costs.
13.7. Where, after acceptance of the Order, fulfilment of the Preorder proves impossible, in particular due to failure to receive the Product, cancellation of its production or permanent unavailability, the Seller shall inform the Customer and refund the payment received for the unfulfilled Product.
13.8. Where an Order includes both Products available for immediate shipment and Preorder Products, the Seller may fulfil the Order in more than one shipment. Splitting the Order into shipments at the Seller’s initiative shall not result in additional delivery costs being charged to the Customer beyond those accepted when the Order was placed.
13.9. Where an Order includes several Preorder Products with different estimated availability dates, the Seller may ship them together once the Order is complete or in separate shipments. Where the shipment is divided at the Seller’s initiative, the Customer shall not incur additional delivery costs as a result.
13.10. In the case of Preorder Products, the right of withdrawal and the Seller’s liability for lack of conformity shall be governed by § 11 and § 12.
§ 14. Out-of-Court Dispute Resolution
14.1. A Consumer may use out-of-court methods for handling complaints and pursuing claims, including applying to an appropriate entity authorised to conduct proceedings for out-of-court resolution of consumer disputes.
14.2. Information concerning available methods of out-of-court consumer dispute resolution and entities authorised to conduct such proceedings is available on the websites of the Polish Office of Competition and Consumer Protection.
14.3. A Consumer residing in another country may also seek assistance from relevant institutions and organisations dealing with consumer protection and out-of-court resolution of cross-border disputes where they have jurisdiction in the relevant case.
14.4. Use of an out-of-court dispute resolution method does not prevent the Consumer from pursuing claims before the competent court.
§ 15. Personal Data
15.1. The controller of personal data of Customers and Users processed in connection with operation of the Store is BASEIG S.A., with its registered office in Poznań, ul. Święty Marcin 28/41, 61-805 Poznań, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0001161462, NIP 7831877465, REGON 524870296.
15.2. Personal data may be processed in particular in connection with:
- placing and fulfilling Orders and performing concluded agreements;
- processing payments, deliveries, returns, withdrawals and complaints;
- maintaining and servicing the Account;
- use of the Newsletter and other voluntarily selected forms of marketing communication;
- participation in a Membership Programme, Loyalty Programme, Discount System or other functionalities made available by the Seller;
- handling enquiries and contact with the Seller;
- fulfilment of legal obligations imposed on the Seller;
- ensuring Store security, preventing abuse and establishing, pursuing or defending claims.
15.3. To the extent necessary to carry out particular activities, personal data may be disclosed to entities cooperating with the Seller, in particular payment service providers, carriers and logistics operators, IT and hosting service providers, Store system providers, providers of accounting, legal or other services supporting the Seller’s activity and other entities authorised to receive the data.
15.4. Where use of a particular Store functionality, Membership Programme, Loyalty Programme, Newsletter or other service involves additional processing of personal data, detailed information concerning such processing may also be provided at the point where the relevant functionality or service is made available.
15.5. Detailed information concerning the processing of personal data, including the legal bases and purposes of processing, data retention periods, categories of recipients, transfers outside the European Economic Area and rights available to data subjects, is specified in the Privacy Policy available in the Store.
15.6. Rules concerning the use of cookies and similar technologies are specified in the Privacy Policy or separate cookie information available in the Store.
§ 16. Intellectual Property
16.1. Content and materials made available in the Store, including in particular the Geschäft name and designations, logos, trademarks, collection names and designations, graphic designs, photographs, audiovisual materials, graphics, texts, Product descriptions, visual identity elements and the layout and graphic elements of the Store, may be protected by intellectual property rights belonging to the Seller or third parties from whom the Seller has obtained appropriate rights.
16.2. Use of the Store does not transfer to the Customer or User any intellectual property rights to content, materials or designations made available in the Store.
16.3. The Customer and User may use content and materials made available in the Store solely to the extent resulting from ordinary use of the Store and for personal purposes, subject to cases where broader use is permitted by law or with the consent of the entitled party.
16.4. Without the consent of the entitled party, content, materials or designations made available in the Store may not be used in a manner infringing the applicable rights, including in particular copying, distributing, publishing, modifying or using them for commercial purposes, except where permitted by law.
16.5. Purchase of a Product does not transfer to the Customer any intellectual property rights associated with the Product design, Geschäft designations, graphics, patterns, prints or other creative or identifying Product elements. The Customer acquires ownership of the individual Product in accordance with the concluded sales agreement.
16.6. Geschäft designations or Store materials may not be used in a manner that could suggest the existence of cooperation, authorisation, partnership or another relationship with the Seller where no such relationship actually exists.
16.7. The provisions of this section do not restrict rights of the Customer or User arising under mandatory provisions of law.
§ 17. Amendments to the Terms and Conditions
17.1. The Seller may amend these Terms and Conditions for valid reasons, in particular in the event of:
- changes in laws, their interpretation or application practice affecting these Terms and Conditions or operation of the Store;
- changes in the Store’s operation, functionality or technical conditions;
- introduction, modification or withdrawal of functionalities, services or methods of using the Store;
- changes in available methods of placing Orders, payment, delivery, customer service, returns or complaints;
- the need to adapt the Terms and Conditions to organisational, technological or operational changes affecting the Seller’s activity or the Store;
- the need to increase Store security, prevent abuse or eliminate ambiguities, errors or inconsistencies in these Terms and Conditions;
- changes to the Seller’s details or other information requiring updating in these Terms and Conditions.
17.2. An amendment shall not affect the terms of sales agreements concluded before the amendment takes effect. Such agreements shall be governed by the version of the Terms and Conditions applicable when they were concluded, subject to changes resulting directly from applicable law or changes more favourable to the Customer and accepted by them.
17.3. An amendment affecting ongoing electronically supplied services, in particular the Account service, shall be communicated to the affected Users before it takes effect, using the email address assigned to the Account or another method allowing the amendment to be reviewed on a durable medium.
17.4. The information concerning the amendment referred to in point 17.3 shall indicate the provisions being amended or provide the amended Terms and Conditions and specify the date on which the amendments take effect.
17.5. Where an amendment concerns an ongoing electronically supplied service and the User does not accept it, the User may discontinue that service before the effective date of the amendment in accordance with these Terms and Conditions.
17.6. Amendments that do not concern ongoing legal relationships with the Customer or User may be introduced by publishing a new version of these Terms and Conditions in the Store and shall apply to activities undertaken after they take effect.
17.7. The rules governing amendments to Detailed Terms and Conditions, including terms governing a Discount System, Membership Programme or Loyalty Programme, are specified in the relevant Detailed Terms and Conditions. An amendment to Detailed Terms and Conditions does not in itself constitute an amendment to these Terms and Conditions.
§ 18. Final Provisions
18.1. These Terms and Conditions and agreements concluded through the Store shall be governed by Polish law.
18.2. The choice of Polish law shall not deprive a Consumer of protection granted by provisions applicable by virtue of the Consumer’s place of residence which cannot be excluded by agreement.
18.3. Disputes between the Seller and a Consumer or Entrepreneur with Consumer Rights shall be heard by the competent court in accordance with applicable rules on court jurisdiction.
18.4. Any disputes between the Seller and a Customer who is neither a Consumer nor an Entrepreneur with Consumer Rights, arising from these Terms and Conditions, use of the Store or agreements concluded through it, shall be subject to the jurisdiction of the court having territorial jurisdiction over the Seller’s registered office.
18.5. These Terms and Conditions may be made available in different language versions. The Polish version of the Terms and Conditions constitutes the primary version. In the event of discrepancies between language versions, the Polish version shall prevail, subject to rights available to Consumers under applicable law.
18.6. If any provision of these Terms and Conditions proves invalid, ineffective or unenforceable in whole or in part, this shall not affect the validity or effectiveness of the remaining provisions.
18.7. These Terms and Conditions are available in the Store in a manner allowing them to be retrieved, saved and reproduced.
INFORMATION CONCERNING THE RIGHT OF WITHDRAWAL
A Consumer or Entrepreneur with Consumer Rights who is entitled to withdraw from an agreement may withdraw from a distance agreement without stating a reason within 14 days.
The withdrawal period begins:
- in the case of an agreement under which the Seller delivers a Product and is required to transfer ownership thereof – when the Consumer or a third party designated by the Consumer other than the carrier takes possession of the Product;
- in the case of an agreement covering multiple Products delivered separately, in batches or in parts – when possession is taken of the last Product, batch or part.
To comply with the withdrawal deadline, it is sufficient to send the declaration of withdrawal before the deadline expires.
A declaration of withdrawal may in particular be submitted:
- using the electronic withdrawal functionality available at: [LINK TO WITHDRAWAL FUNCTION];
- by email to: shop@geschaft.gmbh;
- using the model withdrawal form set out below.
Use of the model form below is not mandatory.
Where the electronic withdrawal functionality is used, the Seller shall promptly send confirmation of receipt of the withdrawal declaration on a durable medium.
Following withdrawal, the Consumer is required to return the Product to the Seller without undue delay and no later than 14 days after withdrawal from the agreement. The deadline is met where the Product is sent back before it expires.
The Product should be returned to:
“Stripe Pack”
Przyczyna Dolna 13
67-400 Wschowa
Poland
unless the Seller specifies another return method or address.
The Consumer bears the direct cost of returning the Product unless the Seller agrees to bear it or applicable law requires the Seller to bear that cost.
The Seller shall refund payments received from the Consumer that are refundable following withdrawal, including – in the event of withdrawal from the entire agreement – the cost of the least expensive ordinary delivery method for the Product offered by the Seller.
The Seller may withhold the refund until it receives the Product back or until the Consumer provides evidence of having sent it back, whichever occurs first.
The refund shall be made using the same payment method used by the Consumer unless the Consumer expressly agrees to another refund method that does not involve any cost to them.
The Consumer shall be liable for any diminished value of the Product resulting from handling it beyond what is necessary to establish the nature, characteristics and functioning of the Product.
Detailed rules concerning withdrawal from the agreement, return of Products, settlement of partial withdrawal, diminished value of the Product and exceptions to the right of withdrawal are specified in § 12 of these Terms and Conditions.
MODEL WITHDRAWAL FORM
This form should be completed and sent only if you wish to withdraw from the agreement. Use of the form is not mandatory.
Addressee:
BASEIG S.A.
return address: “Stripe Pack”, Przyczyna Dolna 13, 67-400 Wschowa, Poland
email: shop@geschaft.gmbh
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following Product/Product(s) ():
………………………………………………………………………………….
………………………………………………………………………………….
Order number:
………………………………………………………………………………….
Date of conclusion of the agreement / date of receipt of the Product (*):
………………………………………………………………………………….
Name of Consumer(s):
………………………………………………………………………………….
Address of Consumer(s):
………………………………………………………………………………….
Email address used when placing the Order:
………………………………………………………………………………….
Signature of Consumer(s):
………………………………………………………………………………….
(only if this form is submitted on paper)
Date:
………………………………………………………………………………….
(*) Delete as appropriate.