The conclusion of the contract between the Buyer and the Seller may be accomplished in one of two ways.
Before placing an order, the Buyer has the right to negotiate all provisions of the contract with the Seller, including those modifying/changing the provisions of the following Rules & Regulations document. The negotiations should be conducted in writing and sent to the address of the Seller (YouArtGift sp. z o.o., Łódzka 123b, 87-100 Toruń).
If the Buyer refuses to conclude the contract through individual negotiations, the following regulaions and applicable law shall apply.
RULES & REGULATIONS
1. Data Controller (ADO):
YouArtGift sp. z o.o.
NIP: 9562358734, REGON: 385389790
2. Complaint address:
YouArtGift sp. z o.o.
3. Delivery price list – delivery is free for all orders
4. Contact details:
YouArtGift sp. z o.o.
phone: (0048) 730 577 367
5. Personal data – any information relating to an identified or identifiable natural person. Information is not considered to enable the identification of a person if requires excessive cost or time investment or specific activities.
6. Sensitive data – personal data containing information about racial or ethnic origin, political views, religious or philosophical beliefs, religious, party or trade union affiliation, as well as data on health, genetic code, addictions, sex life, convictions, court judgments on punishments and fines, as well as other judgments issued by court or in the process of administrative proceedings.
7. Delivery – the type of transport service, the carrier’s details, and cost specification
8. Proof of purchase – an invoice, bill or receipt issued in accordance with the Act on tax on goods and services of March 11, 2004, as amended, and other applicable laws.
9. Product card – a single subpage of the store website containing information about a single product.
10. Customer – an adult natural person with full legal capacity, a legal person, or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to its business or professional activity.
11. Civil Code – the Civil Code Act of April 23, 1964, as amended.
12. Code of Good Practice – a set of rules of conduct, ethical and professional standards referred to in Art. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
13. Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not related directly to its business or professional activity.
14. Shopping Cart – a list of products chosen by the Buyer from the products offered in the store.
15. Buyer – both the Consumer and the Customer.
16. Delivery destination – postal address or collection point indicated in the order by the Buyer.
17. Delivery date (time) – the moment when the Buyer or a third party indicated by him for collection receives the item.
18. ODR internet platform – an EU website operating on the basis of the Regulation of the European Parliament and of the Council (EU) No 524/2013 of May 21, 2013 on the online system for resolving consumer disputes and amending Regulation (EC) No 2006/2004 and the Directive 2009/22 / EC, available at https: //webgate.ec.europa.eu/odr
19. Payment – method of payment for the subject of the contract and delivery, listed at merch.giantsuprising.com/payment
20. Authorized entity – an entity authorized to handle out-of-court resolution of consumer disputes within the scope of the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended.
22. Consumer law – the Act on consumer rights of 30 May 2014.
23. Product – the minimum and indivisible number of items that may be the subject of the order, which is listed in the Seller’s store as a unit of measure when determining its price (price/unit).
24. Subject of the contract – products and delivery conditions which are the subject of the contract.
25. Subject of the service – subject of the contract.
26. Collection point – delivery destination of the item, which is not a postal address, listed in the statement provided by the Seller in the store .
27. UOKiK Register (The Office of Competition and Consumer Protection Register) – a register of authorized entities kept by the Office of Competition and Consumer Protection on the basis of the Act on out-of-court resolution of consumer disputes of 23 September 2016, as amended, and available at: https://uokik.gov.pl/rerezent_podmiot_uprawNYCH.php
28. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC
29. Item – a movable unit/product which may be or is the subject of the contract.
30. Store – website available at merch.giantsuprising.com, where the Buyer may place an order.
YouArtGift sp. z o.o.
NIP: 9562358734, REGON: 385389790
registered in the National Court Register under the number: 0000833176
32. System – a set of cooperating IT devices and software, which ensures the processing and storage, as well as sending and receiving the data via telecommunication networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.
33. Completion date – the number of hours or working days specified on the product card.
34. Agreement – an agreement concluded outside the entrepreneur’s premises or at a distance within the scope of the Act on consumer rights of May 30, 2014 in the case of Consumers, and a sales contract within the scope of Art. 535 of the Civil Code Act of April 23, 1964 in the case of Buyers .
35. Defect – both a physical defect and a legal defect.
36. Physical defect – incompatibility of the sold item with the provisions of the agreement, especially if the item:
a. has no properties an item of this kind should have according to the provisions specified in the contract or resulting from its purpose or other circumstance,
b. does not have properties that the Consumer was assured of by the Seller,
c. is not suitable for the purpose presented by the Consumer to the Seller at the conclusion of the contract, to which the Seller did not raise any objections,
d. was delivered to the Consumer incomplete,
e. in the event of improper installation and activation, if these operations were performed by the Seller or a third party on behalf of the Seller, or by a Consumer who followed the instructions received from the Seller,
f. does not have the properties assured of by the manufacturer or its representative or the person responsible for introducing the item to the market within the scope of their business activity, and the person who, by placing their name, trademark or other distinctive sign/label on the item sold, presents themselves as the manufacturer, unless the Seller was not aware of these assurances or, they could not reasonably know of, or they properties in question would not have influenced the Consumer’s decision to conclude the contract, or if the contract’s content was modified/amended prior to the conclusion of the contract.
37. Legal defect – a situation where the item sold is the property of a third party or falls under the rights of a third party, or/and if the restriction in the use or disposal of the item results from a decision /judgment of a competent authority.
38. Order – Buyer’s declaration of intent made through the store, clearly specifying: the type and quantity of products; method of delivery; type of payment; place of delivery of the item, and Buyer’s data provided for the purpose of the conclusion of the contract between the Buyer and the Seller .
§2 General conditions
1. The contract is concluded in Polish, in accordance with Polish law and the provisions of these regulations.
2. The Seller is obliged to and undertakes to provide services and deliver goods free of defects.
3. All prices quoted by the Seller are gross prices (including VAT). Product prices include the cost of delivery.
4. All terms are calculated in accordance with Art. 111 of the Civil Code, and a deadline set to a specific day will be realised by the end of that day, and if the start of the deadline period expressed in days is a certain event, the date when the event occurred will not be taken into account when calculating the deadline period.
5. Confirmation, disclosure, saving and securing of all essential provisions of the contract in order to gain access to them in the future takes the form of:
a. a confirmation of the order by sending to an e-mail address the following: orders, pro forma invoice, information about the right to withdraw, this Rules & Regulations document in pdf format, withdrawal form template in pdf format, links to download the Rules & Regulations document as well as the withdrawal form template;
b. attachment of the following printed items to the completed order, sent to the indicated delivery destination: proof of purchase, information on the right to withdraw from the contract, Rules & Regulations document, a withdrawal form template.
6. The Seller informs the Customer about all guarantees granted by third parties for products in the store.
7. The Seller does not charge any fees for communicating with them by means of remote communication, and the Buyer shall bear the costs in the amount resulting from the contract they concluded with a third party providing them with a specific remote communication service.
8. The Seller provides the Buyer with assurances of proper operation of the store in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest JAVA and FLASH versions installed, on screens with a horizontal resolution above 1024 px. Using third-party software that affects the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the proper display of the store, therefore, in order to obtain full functionality of the merch.giantsuprising.com store, you should turn them all off.
9. The Buyer may request the store to use their saved data/profile in order to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his account. The login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and protect them against unauthorized access by third parties. The Buyer can view, correct, and update any of their data and delete the account in the store at any time.
10. The Seller shall comply with the code of good practice.
11. The Buyer is obliged to:
a.a. not provide and not forward content prohibited by law, e.g. defamatory content or content that promotes violence, or violates the personal rights and other rights of third parties,
a.b. use the store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
a.c. not take actions such as: sending or posting unsolicited commercial information (spam) within the store,
a.d. use the store in a way that is not inconvenient for other Buyers and for the Seller,
a.e. make use of the contents of the store only for personal use,
a.f. use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as the general principles of netiquette.
§3 Conclusion of the contract and its implementation
1. Orders can be placed 24 hours a day.
2. In order to place an order, the Buyer ought to perform the following steps, at least, and some of them may be repeated many times:
a. adding a product to the cart;
b. choosing the type of delivery;
c. selecting the type of payment;
d. choosing the destination of the delivery;
e. submitting the order at the store by using the “Place order“ button.
3. The conclusion of the contract with the consumer takes place upon placing an order.
4. The processing of the Consumer’s order payable on delivery takes place immediately, however if the order is payable by bank transfer or via the electronic payment system, the processing starts after the Consumer’s payment has been credited to the Seller’s account, which should take place not later than the end of “Giants Uprising” game’s Early Access period on Steam, unless the Consumer was unable to fulfil the obligations with no fault of their own, and has informed the Seller about it.
5. The conclusion of the contract with the Customer takes place upon the acceptance of the order by the Seller, of which he informs the Customer within 48 hours of placing the order.
6. The processing of the Customer’s order may depend on the payment of full or partial value of the order or obtaining a trade credit limit of at least the value of the order, or the consent of the Seller to send the order on delivery (payable on delivery).
7. Dispatch of the item is done within the deadline specified on the product information card, and for orders of multiple products within the longest period specified on the products\ cards. The time limit begins once the order has been processed.
8. Purchased item together with selected (by the Buyer) sales document is sent via the delivery channel (selected by the Buyer) to destination specified by the Buyer, together with all the attached annexes, referred to in § 2 point 6b.
§4 The right to withdraw from the contract
1. The Consumer is entitled, pursuant to art. 27 of the Consumer Law, to withdraw from a remotely concluded contract, without giving a reason and without incurring any costs, except for the costs specified in art. 33, art. 34 of the Consumer Law.
2. The deadline to withdraw from a remotely concluded contract is 14 days from the delivery of the item, and it is enough to send a filled in withdrawal statement before its expiry to meet the deadline.
3. The declaration of withdrawal from the contract may be submitted by the Consumer on the provided form, the template of which is attached as Annex 2 to the Consumer Law, on the form available at merch.giantsuprising.com/withdraw-form or in any other form consistent with the Consumer Law.
4. The Seller shall immediately confirm they have received the declaration of withdrawal from the contract and notify the Consumer via e-mail (e-mail address provided at the time of concluding the contract or any other – if previously provided in a submitted statement).
5. In the event of withdrawal from the contract, the contract is considered void.
6. The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the date of withdrawal from the contract. To meet the deadline, it is enough to return all the items before it expires.
7. The Consumer returns the items that are the subject of the contract from which they withdrew, at their own expense.
8. The Consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium, if they did not consent to the performance of this task before the deadline to withdraw from the contract has passed or if they were not informed about the loss of their right to withdraw from the contract at the time of giving such consent, or if the entrepreneur has not provided confirmation in accordance with Art. 15 sec. 1 and art. 21 sec. 1. Consumer law.
9. The Consumer is responsible for reducing the value of the item being the subject of the contract as a result of using it in a way that goes beyond what would be required to establish the nature, characteristics and functioning of the item.
10. The Seller shall immediately, no later than within 14 days from the date of receiving the declaration of withdrawal from the contract submitted by the Consumer, return all payments made by them, including the costs of delivering the goods to the Consumer, and if the Consumer chose a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.
11. The Seller shall refund the payment using the same method of payment as the one used by the Consumer, unless the Consumer has agreed to a different method of payment, which does not involve any costs.
12. The Seller may withhold the reimbursement of the payment received from the Consumer until the item has been returned or until the Consumer has provided proof of its return, depending on which event occurs first.
13. The Consumer, in accordance with Article 38 of the Consumer Law, is not entitled to withdraw from the contract:
a. 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 deadline for withdrawing from the contract has passed;
b. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
c. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
d. in which the subject of the service is an item delivered in a sealed package, which cannot be returned once it has been opened (by the Customer), due to health protection or hygiene reasons;
e. in which the subject of the service are items that once delivered, due to their nature, become inseparably connected with other items;
f. in which the subject of the service includes sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
g. for a delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the consent expressed by the Consumer before the deadline to withdraw from the contract has passed, and after informing the entrepreneur about the loss of the right to withdraw from the contract;
h. for a delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement.
1. The Seller, pursuant to Art. 558 §1 of the Civil Code completely excludes liability to Customers due to physical and legal defects (warranty).
2. The Seller is liable to the Consumer under the terms of Art. 556 of the Civil Code and subsequent ones for defects (warranty).
3. In the case of a contract with a Consumer, if a physical defect has been found within one year from the date of delivery of the item, it is assumed that it was present at the time of passing the risk on to the Consumer.
4. The Consumer, if the item has a defect, may:
a. submit a statement and request for a price reduction;
b. submit a declaration of withdrawal from the contract;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a non-defective one or has not removed the defect, they are not entitled to a replacement of the item or a removal of the defect.
5. The Consumer may, instead of a removal of the defect proposed by the Seller, demand that the item be replaced with a non-defective one, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the contract in a manner chosen by the Consumer or would require excessive costs when compared to the method suggested by the Seller, and while assessing the level of excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed.
6. The Consumer cannot withdraw from the contract if the defect is irrelevant.
7. If the item sold has a defect, the Consumer may also:
a. require a replacement of the item to one free from defects;
b. demand that the defect be removed.
8. The Seller is obliged to replace the defective item with a non-defective one or remove the defect within a reasonable time without undue inconvenience to the Consumer.
9. The Seller may refuse to satisfy the Consumer’s request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the Buyer or would require excessive costs compared to the other possible method of bringing it into conformity with the contract.
10. If the defective item has been mounted/installed, the Consumer may require the Seller to disassemble/uninstall and reassemble/mount/install after the replacement free of defects or defect removal have been accomplished, however, they are required to pay part of the related costs exceeding the price of the thing sold, or may require the seller to pay part of the costs of disassembly and reassembly, up to the price of the item sold. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to perform these activities fully at the expense and risk of the Seller.
11. The Consumer who exercises the rights under the warranty is obliged to deliver the defective item to the complaint address, at the expense of the Seller, and if, due to the type of item or the manner of its installation, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the location where the item was placed. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to return the goods at the expense and risk of the Seller.
12. The costs of replacement or repair are borne by the Seller, except for the situation described in §5 point 10.
13. The Seller is obliged to accept the defective item from the Consumer in the event of replacing the item with a non-defective one or withdrawing from the contract.
14. The Seller will respond, within fourteen days, to the provisions based on Art. 561 5 of the Civil Code: statements about a request for a price reduction, requests to replace the item with one free from defects, requests to remove the defect. The Seller, within thirty days (Article 7a of the Consumer Law), will respond to any other Consumer’s statement that is not covered by the fourteen-day period specified in the Civil Code.
Otherwise, it is considered that the Consumer’s statements or requests have been justified and accepted by the Seller.
15. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second – hand item, within one year from the date of delivery of the item to the Consumer.
16. The Consumer’s claim for the removal of the defect or a replacement of the item sold for one free from defects expires after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second – hand item, within one year from the moment the item is delivered to the Consumer.
17. If the use-by date specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before that date.
18. Within the time limits specified in §5 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or price reduction due to a physical defect of the sold item, and if the Consumer requested replacement of the item with a non-defective one or removal of the defect, the time limit for submitting a declaration of withdrawal from the contract or price reduction begins with the ineffective expiry of the deadline for replacing the item or removing the defect.
19. In the event of pursuing one of the rights under the warranty before a court or an arbitration court, the time limit for exercising other rights due to the Consumer in this respect is suspended until the final conclusion of the proceedings. The same applies to mediation proceedings, but the time limit for the exercise of other warranty rights due to the Consumer starts to run from the date of the court refusing to approve the settlement concluded before the mediator or the unsuccessful completion of the mediation.
20. To exercise the rights under the warranty for legal defects of the sold item, §5 points 15-16 apply, however the period starts from the day on which the Consumer learned about the defect, and if the Consumer learned about the defect only as a result of an action of a third party – from the date on which the decision issued in a dispute with a third party becomes final.
21. If, due to a defect in the item, the Consumer submitted a declaration of withdrawal from the contract or price reduction, he may demand compensation for the damage he suffered by entering into the contract, not knowing about the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible. They may request reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring goods, reimbursement of expenditure to the extent that they did not benefit from the item, and did not receive a refund from a third party and reimbursement of the costs of the process. This clause has no impact on the provisions about the obligation to repair the damage on general principles.
22. The expiry of any time limit for finding a defect does not exclude the exercise of the warranty rights if the Seller has fraudulently concealed the defect.
23. The Seller, if they are obliged to provide or provide a financial benefit to the Consumer, will perform them without undue delay, no later than the period provided for by law.
1. The Data Collector (ADO) is responsible for the lawful processing of personal data, and the rules for collecting, processing and storing personal data, as well as the Buyer’s rights related to their personal data.
2. The Data Collector (ADO) processes personal data of the Buyers on the basis of consent and in connection with the legitimate interests of the Seller .
3. The Data Collector (ADO) collects and processes personal data only to the extent that is justified by a contractual or legal obligation.
4. The consent of the Buyer to the processing of personal data is voluntary, and the consent to the processing of data for a specific purpose may be withdrawn at any time.
5. For the purposes of the Buyer’s order, the following personal data is collected:
- postal address – required to issue a proof of purchase;
- place of delivery – required to address the parcel;
- e-mail – required for communication related to the processing of the order;
- telephone number – required for some types of delivery
§7 Final provisions
1. Nothing in the Rules & Regulations document is intended to infringe on the Buyer’s rights. It cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with the applicable law, the Seller declares absolute compliance and application of this law in place of the challenged provision of the regulations.
2. Registered Buyers will be notified by e-mail about changes to the regulations and their scope (the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. The changes will be introduced in order to adapt the regulations to the applicable legal status.
3. The current version of the regulations is always available in the regulations tab ( merch.giantsuprising.com/regulations ). While processing the order and throughout the entire period of after-sales care provided to the Buyer, the regulations accepted by them when placing the order apply. Unless the Consumer finds it less favourable than the current ones and informs the Seller about the choice of the current one – as binding.
4. In matters not covered by these regulations, the applicable legal provisions shall apply. Disputed issues, if the Consumer expresses such a will, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or the arbitration process at the Provincial Inspectorate of Trade Inspection. The Consumer may also use equivalent and lawful methods of pre-litigation or out-of-court dispute resolution, e.g. via the EU ODR online platform or by selecting any authorized entity from among those listed in the UOKiK register. The Seller declares their intention and agrees to an out-of-court resolution of the consumer dispute.
As a last resort, the matter is resolved by the local court.