Terms and conditions of use

1. preliminary provisions

1. Gamma Atelier online store available at the Internet address gammaatelier.com, is run by La Manada sp. z o.o. with its seat in Nowy Sącz 37 Kunegundy Street, registered in the National Court Register by the District Court in Krakow XII Economic Division of the National Court Register under the KRS number 0001039396, NIP 7343625737, REGON 525448518.
2. These Terms and Conditions are addressed to Consumers and set out the rules and procedures for concluding a Distance Sales Agreement with a Consumer through the Shop.

2 Definitions

1. Consumer - a natural person concluding an agreement with the Seller through the Shop, the subject of which is not directly related to his/her economic or professional activity.
2. Seller - La Manada sp. z o.o. with its seat in Nowy Sącz at 37 Kunegunda Street, postal code 33-300, registered in the National Court Register by the District Court in Kraków Śródmieście XII Economic Department of the National Court Register under the KRS number 0001039396, NIP 7343625737, REGON 525448518.
3. Customer - any entity making purchases through the Store.
4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing a business on its own behalf, who uses the Store.
5. Store - online store operated by the Seller at the Internet address www.gammaatelier.com.
6. Distance contract - a contract concluded with a Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
7. Regulations - these regulations of the Store.
8. Order - the Customer's statement of intent made via the Order Form and aimed directly at concluding a Contract for Sale of a Product or Products with the Seller.
9. Account - Customer's account in the Store, it collects data provided by the Customer and information about Orders placed by him/her in the Store.
10. Registration form - a form available in the Store that allows creating an Account.
11. Orderform - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. ShoppingCart - an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the details of the Order, in particular the quantity of products.
13. Product - a movable item/service available in the Store which is the subject of a Sales Contract between the Customer and the Seller.
14. SalesAgreement - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Store. The Sales Agreement is also understood - applying to the characteristics of the Product - a contract for the provision of services and a contract for work.

3 Contact with the Store

1. Seller's address: Gamma Atelier, ul.Długosza 27, 33-300 Nowy Sącz
2. Seller's e-mail address: butik@gammaatelier.com
3. Seller's phone number: +48506271991
4. Seller's bank account number 90114020040000300283720736
5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
6. The Customer may communicate with the Seller by telephone during the opening hours of the stationary store.

4 Technical requirements

In order to use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:

1. a terminal device with access to the Internet and a web browser
2. active electronic mail (e-mail) account,
3. cookies enabled,,
4. FlashPlayer program installed.

5 General information

1. To the fullest extent permitted by law, the Seller shall not be liable for any interference, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Internet Store with the technical infrastructure of the Customer.
2. Browsing the assortment of the Store does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Rules and Regulations or by providing the necessary personal and address data to enable the execution of the Order without creating an Account.
3. Prices given in the Store are given in Polish zloty or Euros (for selected foreign languages) and are gross prices (including VAT).

4. The final (final) amount to be paid by the Customer consists of the price for the product and the cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the pages of the Store when placing an Order, including at the moment of expressing the will to be bound by a Sales Contract.
5. In the case of a Contract involving subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the billing period.
6. When the nature of the subject matter of the Contract does not allow, reasonably judging, to calculate the amount of the final (final) price in advance, the information on how the price will be calculated, as well as the charges for transportation, delivery, postal services and other costs, will be provided in the Store in the Product description.

6. setting up an Account in the Store

1. In order to create an Account in the Store, it is necessary to fill in the Registration Form. It is necessary to provide the following data: name, surname, address, e-mail, phone number.
2. Setting up an Account in the Store is free of charge.
3. Logging into the Account is done by providing the login and password established in the Registration Form.
4. The Customer has the opportunity to delete the Account at any time, without giving any reason and without incurring any fees for this, by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 3.

7 Rules for placing an Order

In order to place an Order you should:

1. log in to the Store (optional);
2. select the Product that is the subject of the Order, and then click the "To Cart" button (or equivalent);
3. log in or use the option of placing an Order without registration;
4. if you have chosen the option of placing an Order without registration - fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
5. click the "Order and pay"/click the "Order and pay" button and confirm the order by clicking on the link sent in the e-mail,
6. select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8.3.

8 Delivery and payment methods offered

1. The Customer may use the following methods of delivery or pickup of the ordered Product:
   (a) Courier delivery, cash on delivery,
   b) Parcel machine
   c) Personal collection available at: Gamma Atelier 27 Długosza St., 33-300 Nowy Sącz
2. The customer may use the following payment methods:
   a) Payment on delivery
   b) Payment by bank transfer to the Seller's account
   c) Electronic payment
   d) Payment by payment/credit card:

*Visa

*Visa Electron

*Mastercard

*MasterCard Electron

*Maestro

The online payment service provider for card payments is Autopay S.A.

3. detailed information on delivery methods and acceptable payment methods can be found behind the pages of the Store.

9. execution of the sales contract

1. Conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer places an Order using the Order Form on the Online Store in accordance with § 7 of the Terms and Conditions.
2. After placing the Order, the Seller confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client an appropriate e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3. If the Customer chooses:
   (a) payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 2 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be cancelled.
   b) payment by cash on delivery, the Customer is obliged to make payment upon receipt of the shipment.
   c) payment in cash upon receipt of the shipment in person is possible, the Customer is obliged to make payment immediately upon receipt of the shipment.
4. If the Customer has chosen a method of delivery other than personal collection, the Product will be shipped by the Seller within the time indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
   A In case of ordering Products with different delivery dates, the delivery date shall be the longest date specified.
   B In case of ordering Products with different delivery dates, the Customer has the option of requesting delivery of the Products in parts or delivery of all the Products after the entire order has been completed.
5. The beginning of the deadline for delivery of the Product to the Customer is calculated as follows:
   a) If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or from the moment of positive authorization of payment.
   b) In case the Customer chooses cash on delivery payment method - from the date of conclusion of the Sales Agreement,
6. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description.
7. In the case of ordering Products with different dates of readiness for collection, the date of readiness for collection is the longest date specified.
8. Delivery of the Product takes place on the territory of Poland and the European Union.
9. The delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Shop under the "Delivery Costs" tab and during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
10. Personal collection of the Product by the Customer is free of charge.

10 Right of withdrawal

1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The time limit specified in paragraph 1 starts from the date on the receipt (invoice) of the Product.
3. In the case of an Agreement that involves the regular delivery of Products for a specified period of time (subscription), the period specified in paragraph 1 runs from taking possession of the first item.
4. The consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the statement before the deadline.
5. The statement may be sent electronically by sending a statement to the Seller's email address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, the template of which is attached as Appendix No. 1 to these Regulations and the Appendix to the Act of May 30, 2014 on Consumer Rights, but this is not mandatory.
6. If the Consumer sends the statement electronically, the Seller will immediately send the Consumer to the email address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
7. Effects of withdrawal from the Contract:
   (a) In the case of withdrawal from the Contract concluded at a distance, the Contract shall be considered not concluded.
   b) In the case of withdrawal from the Contract, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the returned product together with the purchase receipt, the payments made by the Consumer, excluding the cost of delivery of the item.
   c) The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
   d) The Consumer should return the product together with the purchase receipt to the address: Gamma Atelier 27 Długosza St., 33-300 Nowy Sącz, no later than 2 days from the day on which he informed the Seller about the withdrawal from the Agreement.
   e) The Consumer shall bear the direct costs of returning the Product, including the cost of returning the Product if, due to its nature, the Product could not be sent back in the usual way by mail (courier).
   f) The Consumer shall be liable only for the diminution in the value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.
8. If, due to the nature of the Product, it cannot be sent back in the usual way by mail, information about this, as well as about the cost of returning the Product, will be located in the description of the Product in the Store.
9. The right of withdrawal from a contract concluded at a distance does not apply to the Consumer in relation to the Contract:
   (a) in which the subject of performance is a non-refabricated thing, produced to the Consumer's specifications or serving to meet his individualized needs,
   b) in which the subject of performance is an item supplied in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery,
   c) in which the subject of the performance is an item that is perishable or has a short shelf life,
   d) for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the Agreement,
   e) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the Agreement,
   f) in which the subject of performance are things which, after delivery, by their nature, are inseparably combined with other things,
   g) in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, and the delivery of which can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control,
   h) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery,
   i) for the supply of newspapers, periodicals or magazines, except for a subscription contract,
   j) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the Contract.
10. If it is necessary to return the funds for a transaction made by the customer with a payment card, the seller will refund the funds to the bank account assigned to the customer's payment card, or the seller will refund the payment using the same method of payment , which was used by the customer, unless the customer has expressly agreed to another way of return, which does not involve any costs for him.

11 Complaint and warranty

1. The Contract of Sale covers new Products.
2. The Seller is obliged to provide the Customer with an item free of defects - this does not apply to defects hidden by the manufacturer.
3. In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.
4. Complaints should be submitted in writing or electronically to the Seller's addresses given in these Regulations.

5. It is recommended to include in the complaint, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer making the complaint, and the Customer's request in connection with the defect of the goods.
6. The Seller shall respond to the complaint request immediately, no later than within 14 days.
7. Goods sent back under the complaint procedure should be sent to the address: Gamma Atelier 27 Długosza St., 33-300 Nowy Sącz together with the purchase receipt and the complaint statement.

12 Out-of-court ways to handle complaints and claims.

1. Detailed information on the consumer's possibility to use out-of-court procedures for handling complaints and pursuing claims, as well as rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following examples of out-of-court ways of dealing with complaints and claims:
   (a) The Consumer is entitled to apply to a permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
   b) The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
   c) The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).

13 Personal data in the Online Store

1. The administrator of Customers' personal data collected via the Online Store is the Seller.
2. Customers' personal data collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees - also for marketing purposes.
3. Recipients of personal data of Customers of the Online Store may be:
   (a) In the case of a Customer who uses the Online Store's method of delivery by mail or courier, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
   b) In the case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make available the collected personal data of the Customer to a selected entity handling the above payments in the Online Store.
4. The Customer has the right to access the content of his/her data and to correct them.
5. Provision of personal data is voluntary, although failure to provide the personal data indicated in the Terms and Conditions necessary to conclude a Sales Agreement results in the inability to conclude such an agreement.

14 Final provisions

1. Contracts concluded through the Online Store are concluded in the Polish language.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Client about each change at least 7 days in advance.
3. Matters not regulated by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Law on Provision of Electronic Services; the Law on Consumer Rights, the Law on Personal Data Protection.
4. The customer has the right to use out-of-court ways of handling complaints and pursuing claims. For this purpose, he may file a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.