Information -- Gentiluomo

Shop rules

I. General Provisions.

The Online Store available at gentiluomomilano.com is run by GENTILOUOMO MILANO sp. z o.o. based in Warsaw, at the following address: ul. Ostródzka 195F/5, 03-289 Warszawa (which is also the address for service), entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number 0000821926, NIP 5242896072, REGON 385250112, with share capital of PLN 5,000.00, paid in full; e-mail address: gentiluomomilano@gmail.com.
Using the Online Store requires that the end device and the IT system used by the Customer meet the Technical Requirements.
The Regulations are addressed to both Customers who are and are not Consumers, using the Online Store, Electronic Services or concluding Sales Agreements (except for point XII of the Regulations, which is addressed only to Customers who are not Consumers).
Acceptance of the Regulations is voluntary, but necessary to create an Account and/or for the Customer to place an Order or Reservation.
Information presented in the Online Store or, in the case of placing Orders using other means of distance communication, an electronic message confirming the content of the proposed Sales Agreement referred to in point III, section. 6 letter a of the Regulations, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code, addressed by the Seller to Customers, and not an offer within the meaning of the Civil Code.
Whenever the following phrases written with a capital letter are used later in the Regulations, they should be understood in the meaning given below, unless the context of their use clearly indicates otherwise:
PRICE – the amount of gross remuneration (including tax) specified in Polish zloty or another currency, due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The price does not include delivery costs, unless the terms of the Promotion used by the Online Store provide otherwise.
WORKING DAY – one day from Monday to Friday, excluding public holidays.
PASSWORD – a sequence of alphanumeric characters necessary for authorization when gaining access to the Account, specified by the Customer when creating the Account. Account registration requires repeating the Password twice in order to detect and correct any errors. The Customer is obliged to keep the Password confidential (not to disclose it to any third parties). The Seller provides the Customer with the opportunity to change the Password multiple times.
CUSTOMER- (1) natural person; or a legal person acting through an authorized person (2); or (3) an organizational unit without legal personality, which is granted legal capacity by law; having full legal capacity. If the Customer is a natural person with limited legal capacity, he/she undertakes to obtain legally effective consent of his/her legal representative to conclude the Service Provision Agreement/Sales Agreement and to provide such consent at each request of the Seller, and, as a rule, Sales Agreements are concluded within the Online Store have the nature of contracts commonly concluded in minor, current matters of everyday life.
CIVIL CODE – Civil Code Act of April 23, 1964 (Journal of Laws of 2023, item 1610, as amended).
CONSUMER – a natural person concluding a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
ACCOUNT – Electronic Service, marked with an individual name (Login) and Password provided by the Customer, a set of resources in the Seller’s IT system, allowing the Customer to use additional functionalities/services. The Customer gains access to the Account using Login and Password. The Customer logs in to his Account after registering in the Online Store. The account allows you to save and store information about the Customer’s address details for shipping Products, track the status of the Order, access to the history of Orders and Reservations and other services provided by the Seller.
BASKET – a service made available to each Customer who uses the Online Store, which allows him to place an Order for one or more Products, make a Reservation, enter discount codes enabling a price reduction on the terms specified in separate agreements/regulations, display a summary of the Price of individual Products and all Products in total (including possibly shipping costs), displaying the expected delivery date of the Products. The basket collects offers submitted by the Customer to conclude a Sales Agreement, i.e. more than one offer to conclude a Sales Agreement may be submitted within one Order. In order to maintain the highest possible quality of services provided via the Online Store, the Seller may introduce a maximum limit of Products or a total limit total Price of Products that can be added to the Cart as part of one Order or one Reservation. If this limit is exceeded, the Customer will receive a message asking him to contact the Seller if he wishes to conclude Sales Agreements or make a Reservation for a larger number of Products.
LOGIN – the Customer’s e-mail address provided in the Online Store when creating the Account.
PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller, against payment of the Price, or the subject of the Reservation. All Products presented in the Online Store are brand new.
PROMOTIONS – special terms of sale or provision of services, regulated in accordance with the principles expressed in the Online Store, proposed by the Seller at a specific time, from which the Customer may take advantage of the principles specified therein, such as a reduction in the Price or shipping costs.
REGULATIONS/SERVICE AGREEMENT – this document specifying the rules for concluding Sales Agreements and the rules for the provision and use of services made available by the Seller via the Online Store to Customers, including the Reservation service. The Regulations define the rights and obligations of the Customer and the Seller. In the scope of services provided electronically, these Regulations are the regulations referred to in Art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended).
RESERVATION – a service made available to Customers by the Seller, which allows you to reserve selected Products in order to view/try them on in a selected Showroom and possibly purchase them. Making a Reservation does not constitute concluding or an obligation to conclude a Sales Agreement or an obligation to conclude a sales agreement for the reserved Product in the Showroom. The reservation is active (i.e. the Product is waiting for collection at the Showroom) from the moment the Seller confirms that the Product has arrived at the Showroom until the end of the Showroom’s operation on the next working day of the Showroom.
SHOWROOM – a stationary store run by the Seller. The list of available Salons is made available when placing an Order/Making a Reservation.
ONLINE STORE – a platform enabling the placing of Orders and making Reservations by the Customer and the provision of services made available by the Seller, run by the Seller, constituting a set of interconnected websites, available at the Internet address: gentiluomomilano.com.
SELLER – GENTILOUOMO MILANO sp. z o.o. based in Warsaw, at the following address: ul. Ostródzka 195F/5, 03-289 Warsaw (which is also the address for service), entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number 0000821926, NIP 5242896072, REGON 385250112, with share capital of PLN 5,000.00, paid in full; e-mail address: gentiluomomilano@gmail.com.
CONTENT/CONTENT – text, graphic or multimedia elements (e.g. information about Products, Product photos, promotional videos, descriptions, comments) including works within the meaning of the Act on Copyright and Related Rights and images of natural persons that are distributed within the Store Online by the Seller, the Seller’s contractors, the Customer or another person using the Online Store, respectively.
SALES AGREEMENT – a sales agreement within the meaning of the provisions of the Civil Code, regarding the sale by the Seller to the Customer of the Product for payment of the Price plus any additional fees, including shipping costs, the terms of which are specified in particular in these Regulations. The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, after the Seller accepts the Order on the terms set out in these Regulations. The Sales Agreement specifies in particular the Product, its main features, Price, shipping costs and other important conditions. Each Product is the subject of a separate Sales Agreement. This also applies to situations when the Seller, as part of the functionality of the Online Store, for objective (factually justified) reasons, makes the conclusion or content of the Sales Agreement for a given Product dependent on the conclusion of another Sales Agreement, due to the direct relationship between the Products. The Seller may conclude a Sales Agreement with a Customer who is not a Consumer also as a result of concluding an agreement without the procedure specified in these Regulations, which will be confirmed in the form of an e-mail at the request of any of the parties to the Sales Agreement. Making a Reservation does not constitute concluding a Sales Agreement or an obligation to conclude it.
ELECTRONIC SERVICE – provision of services electronically within the meaning of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended), by the Seller to the Customer via the Store Internet, in accordance with the U.S. Service Agreement servants. To the extent that services are provided by entities cooperating with the Seller, appropriate provisions regarding the rules for using these services are included in the regulations regarding the provision of services by these entities.
ACT ON CONSUMER RIGHTS, ACT – Act of May 30, 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended).
TECHNICAL REQUIREMENTS – minimum technical requirements, the fulfillment of which is necessary to cooperate with the IT system used by the Seller, including concluding a Service Provision Agreement or concluding a Sales Agreement, i.e.: (1) computer, laptop or other multimedia device with access to Internet; (2) access to e-mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling cookies and Javascript support in the web browser; in the case of concluding the Sales Agreement by telephone: (6) mobile device with a camera and geolocation service (GPS). To conclude a Sales Agreement, the Customer must have an active e-mail address and, in certain cases, a keyboard or other device enabling the correct completion of electronic forms.
ORDER – the Customer’s declaration of will expressing the direct will to conclude a Distance Sales Agreement, placed using means of distance communication, specifying the Product for which the Customer submits an offer to conclude a Sales Agreement and the Customer’s data necessary for the possible conclusion and execution of the Sales Agreement. The order for each Product will be treated as an independent offer by the Customer to conclude a Sales Agreement (technical facilitation). This also applies to situations when the Seller, as part of the functionality of the Online Store, for objective (factually justified) reasons, makes the conclusion or content of the Sales Agreement for a given Product dependent on the conclusion of another Sales Agreement, due to the direct relationship between the Products. An order may be assigned one number, and all offers will be processed in parallel. Acceptance of the Order means conclusion of the Sales Agreement (see above).

II. Electronic Services in the Online Store.

The Seller provides the following Electronic Services to Customers free of charge via the Online Store:
a. Account;
b. enabling Customers to place Orders, make Reservations and conclude Sales Agreements, on the terms set out in these Regulations;
c. presenting advertising content to customers tailored to their interests;
d. enabling Customers to use the Basket services;
e. enabling viewing of Content posted within the Online Store;
Additionally, the Seller provides the following services free of charge to Customers who have created an Account via the Online Store:
a. maintaining the Customer’s session after logging in to the Account using a browser;
b. storing and making available to the Customer via the Account the history of Orders and Reservations.
Using the Account is possible after the Customer completes the following steps:
a. completing the registration form and accepting the provisions of these Regulations;
b. clicking the “Register” field.
The Service Provision Agreement is concluded when the Customer receives confirmation of the conclusion of the Service Provision Agreement sent by the Seller to the e-mail address provided by the Customer during registration. The account is provided free of charge for an indefinite period of time. The Customer may, at any time and without giving a reason, delete the Account by sending a request to the Seller, in particular via e-mail to the following address: gentiluomomilano@gmail.com or in writing to the following address: ul. Ostródzka 195F, 5, 03-289. Creating an Account is not required to place an Order or make a Reservation in the Online Store. The Seller may introduce such a limitation as part of the functionality of the Online Store, in particular due to the relationship of a given Product or type of Products with the services provided under the Account.
The use of the Cart begins when the Customer adds the first Product to the Cart.
The basket is provided free of charge and is of a one-time nature and ends when an Order or Reservation is placed through it or when the Customer stops placing an Order or Reservation through it. The basket remembers information about the Products selected by the Customer also after the end of the browser session, including logging out, for a period no longer than 7 days, but does not ensure the availability of copies of the Products selected by the Customer in order to enable placing an Order or making a Reservation at a later date. The Seller has the option of introducing a limit of Products or a limit of the total Price of Products that can be added to the Cart as part of one Order or one Reservation. If the specified limit is exceeded, the Customer will receive a message asking him to contact the Seller if he wishes to conclude Sales Agreements or make a Reservation for a larger number of Products.
The customer is obliged in particular to:
a. providing only true, current and all necessary customer data in the forms available in the Online Store;
b. immediate updating of data, including personal data, provided by the Seller’s Customer in connection with the conclusion of the Service Provision Agreement or Sales Agreement, in particular to the extent necessary for their proper performance; The Customer may change the data entered when creating the Account at any time using the options available within the Account;
c. use the services and functionalities provided by the Seller in a way that does not disrupt the operation of the Seller or the Online Store (in particular, placing Orders in a way that justifies the suspicion of using tools that automate the process of placing Orders, in particular bots, may be considered as disturbing the operation of the Seller or the Online Store, or using the services and functionalities provided by the Seller in a manner indicating an intention to violate the provisions of the Regulations or legal provisions);
d. use the services and functionalities provided by the Seller in a manner consistent with the provisions of law, the provisions of the Regulations, as well as with the customs and principles of social coexistence adopted in a given scope;
e. use the services and functionalities provided by the Seller in a way that is not inconvenient for other Customers and the Seller;
f. timely payment of the Price and other costs agreed by the Customer and the Seller in full amount;
g. timely collection of Products ordered using the delivery and cash on delivery method and which are the subject of the Reservation;
h. not to provide or transmit Content prohibited by law within the Online Store, in particular Content that infringes the proprietary copyrights of third parties or their personal rights;
i. not taking actions such as:
• sending or placing in the Inter Store

placing the Order and starting its verification.
After verifying the Order, without undue delay, the Seller sends the Customer a message to the provided e-mail address with:
confirmation of acceptance of one or more individual offers for Products submitted as part of the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order for the Products indicated in the message); or
information about the non-acceptance of all offers for Products submitted under the Order, in particular for the reasons indicated in point IV section 5-7 below (no payment or failure to conclude a consumer credit agreement); or for the reasons indicated in point XI section 5 below (non-collection of the parcel).
The Sales Agreement is concluded upon confirmation of the offer(s), i.e. receipt by the Customer of the message referred to in section 9 letter and above in the scope of the Products indicated therein. In the case of non-prefabricated Products, the Sales Agreement is concluded upon confirmation of the offer(s), i.e. when the Customer receives the message referred to in section 9 letter and above in the scope of the Products indicated therein, unless the Seller immediately informs the Customer about the impossibility of fulfilling the service in the scope of the ordered non-prefabricated Product. Then, the Sales Agreement regarding the offer regarding the non-prefabricated Product is deemed not to have been concluded. The Seller sends the Customer confirmation of the terms of the Agreement to the e-mail address provided by the Customer.
If it is not possible to accept all or some of the offers submitted under the Order, the Seller will contact the Customer in order to:
informing the Customer about the impossibility of accepting all offers submitted under the Order to conclude the Sales Agreement; or
confirmation by the Customer of the will to complete the Order in the part in which the Seller agreed to accept offers to conclude the Sales Agreement. The Customer may then cancel the placed Order in its entirety (within the scope of all offers), which does not affect his right to withdraw from the contract. Canceling the Order by the Customer releases the Seller from the obligation to fulfill it. In the event of cancellation of the Order, paragraph. 12 below.
If it is not possible to accept the offers/s submitted under the Order, the Sales Agreement in the scope of the Products indicated by the Seller is not concluded, and the Seller immediately, no later than within 14 days, returns the payments made by the Customer to the Customer, to the extent that the Sales Agreement is not has been concluded. The provisions of point VIII section 6 of the Regulations shall apply accordingly.
Regardless, the Seller may inform the Customer about the status of the Order, in particular by sending messages to the e-mail address, SMS or by telephone provided by the Customer.
The Seller strives to ensure the availability of the Products and the implementation of the Sales Agreement. In the event of impossibility of performance and in other situations specified by law, the relevant provisions of the Civil Code may apply, including Art. 493-495 of the Civil Code, in particular regarding the obligation to immediately return the benefit to the Consumer.
The total value of the Order includes the Price, shipping costs and possibly other costs of optional paid services selected by the Customer. The Seller may determine the threshold of the minimum Order value for which the shipment of Products is free. The Customer is informed about the total price including taxes of the Product that is the subject of the Order, as well as about delivery costs (including transport, delivery and postal service fees) and other costs, and if the amount of these fees cannot be determined – about the obligation to pay them. when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
Promotions valid in the Online Store cannot be combined, unless the provisions of the Promotion expressly provide otherwise.
In the case of the Reservation service, the provisions of this point shall apply accordingly, subject to the sections below.
The Reservation Service allows Customers to book a Product in a selected Store. In order to use the Reservation, the Customer adds the selected Product to the Cart and then proceeds to the order form.
The list of Stores where collection of the reserved Products is possible is available each time the Customer selects in the order form a delivery option dedicated solely to the needs of the Reservation, meaning the Product can be collected at the Store.
The possibility of using the Reservation may depend on the region / address indicated by the Customer in the order form or the availability of the Reservation service for a given Product / Product category. Placing several Orders or making several Reservations at the same time, at least one of which is subject to the above restriction, may affect the availability of the Reservation service for other Products.
The Seller may enable Customers to make a Reservation also using information technical structure of the Online Store made available in the Showroom. In such a case, the Customer is not able to create an Account or log in to the Account and is obliged to complete the form on his own with the data necessary to make the Reservation, in particular provide the telephone number and, optionally, the e-mail address.

III. Terms of concluding the Sales Agreement.

The main features of the service, including the subject of the service and the method of communication with the Customer, are specified on the Product page or in another manner appropriate for a given Product, within the Online Store.
The Seller allows you to place Orders for Products in the following way:
In online shop;
By contacting us by e-mail.

As part of the development of the Products or services available in the Online Store and due to their specificity, the Seller may introduce restrictions on the methods of placing Orders for specific Products. If several Orders are placed at the same time, at least one of which is subject to the restriction referred to above, this may affect the availability of methods for placing Orders also for the remaining Orders.

As part of the development of the services provided, the Seller may introduce further methods of placing Orders using means of distance communication, in accordance with the principles set out in these Regulations.
The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order.
The Seller enables the Customer to place an Order via the Online Store in the following way:
The Customer adds the selected Product(s) to the Cart and then proceeds to the order form. The Seller may provide additional services in the Online Store for the Product added to the Cart, e.g. personalization, adding other related Products not available for independent sale in the Online Store.
The Customer with an Account confirms the validity of the data necessary to conclude and implement the Sales Agreement in the order form. A User who does not have an Account must complete the order form independently with the data necessary to conclude and implement the Sales Agreement. In any case, providing outdated or false Customer data may prevent the implementation of the Agreement. In the order form, the Customer must provide the following data regarding the Customer: name and surname, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product/s , quantity of the Product(s), if available, type, color and size of the Product, place and method of delivery of the Product(s), method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company and, if they requested a VAT invoice in the VAT invoice form, also the Tax Identification Number. As part of the development of Products or services available in the Online Store, the Seller may introduce an obligation to provide, in the content of the Order form or in another appropriate place, other information regarding the Product or the Customer, appropriate and, in the case of personal data, also necessary, in particular due to the specificity of the Product or services, e.g. to personalize the Product.
The Customer selects one of the delivery methods provided by the Seller.
The Customer selects the method of payment of the Price and any other total costs of implementing the Sales Agreement indicated in the order form.
The Customer sends the Order to the Seller (submits an offer) using the functionality of the Online Store provided for this purpose (button: “I order and pay”). In the case of a Customer who does not have an Account and has not previously accepted the Regulations, acceptance of the Regulations is required.
When placing an Order, until the “Order and pay” button is pressed, the Customer has the option of independently correcting the entered data in the “Cart” panel by adding or removing a given item from the Cart. Deleting a given item may result in automatic removal of another item from the Basket due to the direct relationship between the Products.
Depending on the selected payment method, the Customer may be redirected to the websites of an external payment service provider in order to make the payment.
If the Seller, on its own initiative, proposes to the Consumer to conclude a Sales Agreement using other means of distance communication, including by telephone:
The Seller sends an e-mail to the Consumer confirming the content of the proposed Sales Agreement;
The Consumer sends the Order to the Seller by means of a message to the e-mail address from which he received the confirmation referred to in section 6 letter and above;
in the case of a Consumer who does not have an Account and has not previously accepted the Regulations, acceptance of the Regulations by the Consumer is required.
In other than those specified in section 6 above, in cases of concluding a Sales Agreement using other means of distance communication, including by telephone, at the Consumer’s initiative, the paragraphs below shall apply accordingly, taking into account the circumstances and the means of communication used.
In response to the Order, the Seller immediately sends an automatic message to the Customer to the e-mail address provided by the Customer for this purpose, confirming that

IV. Methods and terms of payment for the Product

The Seller provides the Customer, subject to the provisions of point XI section 5, various payment methods under the Sales Agreement.
Possible current payment methods are specified in the Online Store in the “Payment methods” tab and each time on the subpage of a given Product, including when the Customer expresses his will to be bound by the Sales Agreement. Available payment methods may depend on the delivery method or Product selected by the Customer. Available payment methods may change if several Orders are placed at the same time, in particular due to the Products covered by them.
The Seller may enable the Customer to collect the Products in person at the Showroom, in particular as part of the Reservation (if such a service has been made available by the Seller for a given Product, and in the event of placing several Orders or making several Reservations at the same time – all Products covered by the Customer’s activities) by making such an option available each time on subpage of a given Product or when placing an Order or making a Reservation.
Settlement of electronic payment and payment card transactions is carried out in accordance with the Customer’s choice via authorized services.
Failure to make a payment means: in the case of electronic payment or payment by payment card – no payment within 24 hours of placing the Order.
If a payment method with deferred payment is selected, failure to conclude a consumer credit agreement within 24 hours of placing the Order will result in failure to accept the offer submitted by the Customer as part of the Order. The Customer may also, until receiving information about the shipment of the Order, cancel it without any consequences by contacting the Seller via BOK, which does not violate his right to withdraw from the contract – however, this does not apply to non-prefabricated Products manufactured according to the Customer’s specifications or serving to meet his individual needs.
If the Customer chooses cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment. Refusal to collect the Product, despite setting an additional appropriate deadline, is a condition terminating the Sales Agreement. The Customer may also cancel the Order without any consequences within the specified period, which does not affect his right to withdraw from the contract – however, this does not apply to non-prefabricated Products manufactured according to the Customer’s specifications or serving to meet his individual needs.
If the Customer chose payment in advance and paid it, failure to collect the Product within the specified period constitutes a condition terminating the Sales Agreement – in such a situation, the Seller will refund the payment to the Customer immediately after receiving the Product. However, the above does not apply to non-prefabricated Products manufactured according to the Customer’s specifications or intended to meet his individual needs.

V. Cost, methods and delivery date of the Product.

Delivery of the Product is available within the territory of the Republic of Poland and to selected countries indicated in the “Delivery Costs” tab in the Online Store and each time on the subpage of a given Product.
Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Currently available methods and costs of Product delivery are indicated to the Customer in the “Delivery Costs” tab in the Online Store and each time on the subpage of a given Product, including when the Customer expresses his will to be bound by a Sales Agreement.
Available delivery methods may depend on the payment method or Product selected by the Customer. Available delivery methods may change if several Orders are placed at the same time, in particular due to the Products covered by them.
The total waiting time for the Customer to receive the Product (delivery date) includes the time of preparing the Order for shipment by the Seller and the time of delivering the Product by the carrier.
The delivery time of the Product to the Customer is up to 14 Business Days, unless a shorter time is specified in the description of a given Product or when placing the Order.
The time for preparing the Order for shipment by the Seller is each time presented on the subpage of a given Product and is counted from the day (beginning of the delivery period):
crediting the Seller’s bank account or settlement account – if the Customer chooses the method of payment, electronic payment or payment card;
concluding a Sales Agreement – if the Customer chooses the cash on delivery method.
The above time should include the time of delivery of the Product by a given carrier, which depends on the form of delivery chosen by the Customer and is each time presented on the subpage of a given Product and in the “Order Fulfillment” tab in the Online Store.
In the case of a Reservation, the delivery time of the Product to the Showroom as part of the Reservation is up to 14 Business Days, unless a shorter time is specified in the description of a given Product or when submitting the Reservation.
The time for preparing the Reservation for shipment by the Seller is each time presented on the subpage of a given Product and is counted from the day (beginning of the delivery period) of concluding the contract for the implementation of the Reservation. The above time should include the delivery time of the Product, which is always presented on the subpage of a given Product and in the “Order fulfillment” tab in the Online Store.
In the event of placing an Order or Reservation for several Products with different delivery dates at the same time, the delivery date is the longest given date, which, however, cannot exceed 14 Business Days.

VI. Product complaint.

The basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty) are specified in the provisions of the Civil Code, in particular in Art. 556 et seq. of the Civil Code.
Products presented in the Online Store may be covered by a manufacturer’s or distributor’s warranty. Detailed warranty conditions and its duration are then provided in the warranty card issued by the guarantor and attached to the Product.
The Seller is obliged to provide the Customer with a Product without defects.
A complaint may be submitted by the Customer, e.g. in writing to the following address: ul. Ostródzka 195F/5, 03-289 Warsaw. If the complaint concerns a Product, it should be delivered to the Seller together with the complaint in order to enable the Seller to examine the Product. Details of the methods provided by the Seller for the Customer to deliver the Product free of charge in connection with a complaint can be found in the Online Store in the “Complaints” tab.
If the sold Product has a defect, the Customer may:
submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Product with a defect-free one or removes such a defect. The reduced price should be in such proportion to the price resulting from the contract that the value of the Product with a defect remains to the value of the Product without a defect. The Customer may not withdraw from the contract if the defect of the Product is immaterial;
demand replacement of the Product with a defect-free one or removal of the defect. The Seller is obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Customer.

with reservations and on the terms specified in the relevant provisions of the Civil Code.

The Customer may, instead of removing the defect proposed by the Seller, request replacement of the Product with a defect-free one or instead of replacing the Product, request removal of the defect, unless bringing the Product into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing excessive costs, the value of the defect-free Product, the type and significance of the defect found, and the inconvenience to which the Consumer would be exposed to another method of satisfaction are taken into account.
It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request how to bring the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person filing the complaint – this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
The Seller will respond to the Customer’s complaint immediately, no later than within 14 days from the date of its receipt. If the Customer requested the replacement of the item or removal of the defect or submitted a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 days from the date of its receipt, it is considered that the request was considered as justified.
In the event that in order for the Seller to respond to the Customer’s complaint or to exercise the Customer’s rights under the warranty, it will be necessary to deliver the Product to the Seller, in accordance with Art. 5612 in connection with joke. 354 § 2 of the Civil Code, the Customer will be obliged to deliver the Product at the Seller’s expense to the following address: ul. Ostródzka 195F/5, 03-289 Warsaw. Details of the methods provided by the Seller for the Customer to deliver the Product to the Seller free of charge can be found in the Online Store in the “Complaints” tab. However, if, due to the type of defect, the type of Product or the method of its installation, delivery of the Product by the Customer would be impossible or excessively difficult, the Customer may be asked to make the Product available to the Seller in the place where the Product is located, after prior arrangement of the date.
The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Product to the Customer. A claim for removal of a defect or replacement of a Product with a defect-free one expires after one year from the date of detection of the defect, however, in the case of an Order placed by a Consumer – the limitation period may not end before the deadline referred to in the first sentence.

VII. Extrajudicial methods of dealing with complaints and pursuing claims and rules of access to these procedures.

The use of extrajudicial means of dealing with complaints and pursuing claims is voluntary. The following provisions are for information purposes and do not constitute an obligation for the Seller to use extrajudicial means of resolving disputes. The Seller’s declaration of consent or refusal to participate in the proceedings for out-of-court resolution of consumer disputes is submitted by the Seller on paper or another durable medium if the dispute has not been resolved following a complaint submitted by the Consumer.
Detailed information regarding the possibility for a Customer who is a Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade 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_zdrowie.php;
http://www.uokik.gov.pl/wazne_adresy.php.
The Customer who is a Consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
The Customer is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement.
The customer is entitled to contact the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2020, item 1706, as amended), with a request to initiate mediation proceedings regarding the out-of-court resolution of the dispute between the Customer and the Seller.
The Customer may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).
The customer may submit a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court resolution of disputes that may arise between entrepreneurs and consumers.

VIII. Right to withdraw from the Agreement.

A consumer who has concluded a distance contract may withdraw from it without giving a reason and without incurring any costs other than those provided for by law, within:
14 days from the date referred to in the following section. 3 (hereinafter also referred to as the “Statutory right of withdrawal”);
from the 15th to the 100th day from the date referred to in the following section. 3 (hereinafter also “Extended right of withdrawal”) – subject to the following section. 11.

The above does not apply to a contract the subject of which is a non-prefabricated item, manufactured according to the Customer’s specifications or serving to meet his individual needs. The exercise of any of the above rights does not affect other contracts, in particular to the extent that:

were concluded together with a contract covered by a declaration of withdrawal as a result of the Customer placing several Orders at the same time, or
The Seller made the conclusion or content of the contract covered by the declaration of withdrawal dependent on the conclusion of another contract due to the direct relationship between the Products.

To meet the deadline, it is enough for the Consumer to submit a declaration to the Seller before its expiry. The consumer may submit any clear declaration informing about his withdrawal from the Sales Agreement. A declaration of withdrawal from the Sales Agreement may be submitted, for example:

in writing to the following address: ul. Ostródzka 195F/5, 03-289 Warszawa;
in electronic form via e-mail to: gentiluomomilano@gmail.com;
using the withdrawal form which constitutes Annex 1 to these Regulations.
The consumer may use the model withdrawal form, but this is not obligatory.
The deadline for withdrawal from the Sales Agreement starts from the date the Consumer or a third party indicated by him other than the carrier takes possession of the Product, and in the case of a Sales Agreement that:
includes multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or
consists in regular delivery of Products for a specified period of time – from taking possession of the first Product.
In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the contract, return to the Consumer the payments made by him, including the costs of delivery of the Product (with the exception of additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method). delivery method available in the Online Store).
If the Consumer exercises the Statutory right of withdrawal, the Seller refunds the payments made by the Consumer using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him. In the event that the payment cannot be refunded using the same payment method used by the Consumer due to the fact that the Seller no longer supports a specific payment method, the Seller will make the refund using the payment method that will match the characteristics of the product to the greatest extent possible. payment method previously used by the Consumer. If the Consumer exercises the Extended Right of Withdrawal, the Seller may refund the payment using the payment method indicated by the Seller. If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the refund of payments received from the Consumer until he receives the Product back or the Consumer provides proof of sending it back, depending on which event occurs first. If the payment is to be refunded to the Consumer’s bank account, the Seller will refund the payment to the bank account indicated by the Consumer (e.g. in the withdrawal form), and if the Consumer fails to indicate the bank account to which the payment is to be refunded, the Seller will refund the payment to the bank account used by the Consumer to make the payment in connection with the Sales Agreement from which he or she withdraws. If the payment was made by the lender in connection with the conclusion of a consumer credit agreement by the Consumer, the Seller refunds the payment to the lender’s account.
The Consumer is obliged to immediately, no later than 14 days from the date on which he withdrew from the Sales Agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: ul. Ostródzka 195F/5, 03-289 Warsaw. If possible, please attach proof of purchase of the Product or a printed electronic proof of purchase of the Product.
If Ko uses e-mail to the e-mail address provided when concluding the Service Provision Agreement by the Customer, which the Parties consider as entering information about the change into the means of electronic communication in such a way that the Customer can read its content.
The change to the Regulations comes into force 14 days from the date of sending information about the change. In the case of Customers who have concluded a Service Provision Agreement, i.e. those who have an Account, they have the right to terminate the Service Provision Agreement within 14 days from the date of notification of the change to the Regulations. Changes to the Regulations that have a positive impact on the situation of the Customer who is a Consumer, in particular granting him additional rights, come into force on the date specified in the Regulations, and in the absence of such indication – on the day the Seller sends information about the amendment to the Regulations. The change in the Regulations does not affect the Sales Agreements concluded by the Customer and the Seller before the change in the Regulations.

IX. License.

Exclusive rights to the Content made available/placed within the Online Store by the Seller or its contractors, in particular copyrights, the name of the Online Store (trademark), its graphic elements, software and database rights are subject to legal protection and are vested in the Seller or entities with which the Seller has concluded appropriate agreements. The customer is entitled to use the above-mentioned. Content free of charge, as well as to use Content posted in accordance with the law and already disseminated by other Customers within the Online Store, but only for your own personal use and solely for the proper use of the Online Store, worldwide. The use of the Content in any other scope is permitted only on the basis of express, prior consent granted by the authorized entity, in writing, under pain of nullity.
By placing any Content in the Online Store, in particular graphics, comments, opinions or statements on the Account or elsewhere in the Online Store, the Customer hereby grants the Seller a non-exclusive, free license to use, record, change, delete, supplement, publicly perform, publicly display , reproduction and dissemination (especially on the Internet) of these Contents throughout the world. This right includes the right to grant sublicenses to the extent justified by the implementation of the Sales Agreement or Service Provision Agreement (including the operation and development of the Online Store), as well as the authorization to exercise independently or with the help of third parties dependent rights in the field of development, adaptation, processing and translation. a work within the meaning of the Act on Copyright and Related Rights of February 4, 1994 (Journal of Laws of 2022, item 2509, as amended). To the extent that the Customer is not authorized to grant the licenses referred to in this section. 2, the Customer undertakes to obtain such appropriate licenses for the Seller.

X. Personal Data Protection.

The Customer’s personal data are processed by the Seller as the personal data administrator.
Providing personal data by the Customer is voluntary, but necessary to create an Account, use specific Electronic Services, conclude a Sales Agreement or make a Reservation.
Detailed information on the protection of personal data is included in the “Privacy Policy” tab available in the Online Store.

XI. Termination of the Service Provision Agreement and amendment of the Regulations.

The Seller may at any time terminate the Service Provision Agreement or any license agreement granted under point IX of the Regulations with the Customer with a one-month notice period for important reasons, understood as (closed catalogue):
a change in the legal provisions regulating the provision of electronic services by the Seller affecting the mutual rights and obligations specified in the contract concluded between the Customer and the Seller or a change in the interpretation of the above legal provisions as a result of court rulings, decisions, recommendations or recommendations of offices or bodies competent in a given field;
change in the method of providing services caused solely by technical or technological reasons (in particular, updating the technical requirements specified in these Regulations);
changing the scope or provision of services to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing existing functionalities or services covered by the Regulations by the Seller.
Regardless of the content of section 1, taking into account the Seller’s special attention to the protection of the Customer’s personal data and their processing for an appropriate period of time, the Seller may terminate the Service Provision Agreement with immediate effect in the event of the Customer’s inactivity in the Online Store for an uninterrupted period of at least 3 years.
The Seller’s declaration to the extent specified in section 1 and 2 above are sent to the e-mail address provided by the Customer when creating an Account or placing an Order or making a Reservation.
The Seller may terminate the Customer’s Service Provision Agreement or any license agreement granted under point IX of the Regulations with a seven-day notice period and/or deny him further right to use the Online Store (including via the Application) and place Orders, and may also limit his access to part or all of the Content for important reasons, i.e. in the event of a gross violation of these Regulations by the Customer, i.e. in situations where the Customer (closed catalog) violates the provisions of point II section 7 lit. a, c, d, e, h, and of the Regulations.
For important reasons, i.e. in the event of a gross violation of these Regulations by the Customer, when a given Customer has violated the provisions of point II section 7 lit. c, f or g of the Regulations (closed catalogue), in order to avoid further damage, the Seller may not accept the Customer’s offer, including specific forms of payment or delivery. This provision applies regardless of the data used to identify the Customer and what data he or she provides when placing the Order, and in particular when the Customer also violates the provisions of point II section 7 lit. a of the Regulations.
In the event of placing another Order or making another Reservation by the Customer to whom the provisions of section. 5 above, the Seller will contact the Customer by sending a message to the e-mail address provided by the Customer to notify about the Customer’s gross violation of the Regulations and non-acceptance of the offer, while indicating alternative methods of concluding the Sales Agreement or methods of payment or delivery. The provisions of point IV section 5-7 of the Regulations shall apply accordingly.
The customer to whom the provisions of section. 4 or 5 above may use the Online Store or use a specific payment or delivery method after prior contact with the Seller (via BOK) and obtaining the Seller’s consent to continue using the Online Store or using a specific payment or delivery method.
The Regulations and annexes to the Regulations constitute a standard contract within the meaning of Art. 384 § 1 of the Civil Code.
The Seller may change these Regulations (except for point XII of the Regulations, which applies to Customers who are not Consumers and may be changed at any time on the basis of generally applicable legal provisions) in the event of at least one of the following important reasons (closed catalogue):
a change in the legal provisions governing the sale of Products or the provision of services by electronic means by the Seller affecting the mutual rights and obligations specified in the contract concluded between the Customer and the Seller or a change in the interpretation of the above legal provisions as a result of court rulings, decisions, recommendations or recommendations of offices or bodies competent in a given field;
change in the method of providing services caused solely by technical or technological reasons (in particular, updating the technical requirements specified in these Regulations);
changing the scope or method of providing services to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing existing functionalities or services covered by the Regulations by the Seller.
In the event of changes to the Regulations, the Seller will make the consolidated text of the Regulations available by publication in the Online Store and by means of messages sent

XII. Provisions relating to Customers who are not Consumers.

This point XII of the Regulations applies only to Customers who are not Consumers.
The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
When the Seller releases the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer. In such a case, the Seller is not liable for the loss, loss or damage of the Product occurring from its acceptance for transport until its delivery to the Customer and for any delay in the transport of the shipment.
Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a Consumer is excluded.
In the case of Customers who are not Consumers, the Seller may terminate the Service Provision Agreement or any license agreement concluded on the basis of the Regulations with immediate effect and without indicating reasons by sending the Customer an appropriate statement in any form.
Neither the Seller nor its employees, authorized representatives and proxies shall be liable to the Customer, its subcontractors, employees, authorized representatives and/or proxies for any damage, including loss of profits, unless the damage was caused by them intentionally.
In each case of determining the liability of the Seller, its employees, authorized representatives and/or proxies, this liability towards the Customer who is not a Consumer, regardless of its legal basis, is limited – both as part of a single claim and for all claims in total – up to the amount of the paid Price and delivery costs under the last Sales Agreement, but not more than up to the amount of one thousand zlotys.
Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller’s registered office.
With respect to Customers who are not Consumers, the Seller may change the Regulations at any time on the basis of generally applicable legal provisions.
This XII point of the Regulations, with the exception of point XII section 5, does not apply to Customers who are natural persons running a business who conclude a Sales Agreement, a Service Provision Agreement or any license agreement concluded on the basis of the Regulations directly related to their business activity with the Seller, when the content of the specific agreement indicates that they do not have it is of a professional nature for the Client, resulting in particular from the subject of his business activity, determined on the basis of the provisions on the Central Registration and Information on Business. These customers also have the right to withdraw from the contract on the terms provided for in point VIII of the Regulations.

XIII. Final Provisions.

The Regulations are valid from November 24, 2023.
Contracts concluded by the Seller are concluded in Polish.
Consolidation, security and disclosure of essential provisions of the concluded Agreement for the Provision of Electronic Services takes place by sending an e-mail to the e-mail address provided by the Customer.
Consolidation, security, disclosure and confirmation of the essential provisions of the Sales Agreement to the Customer takes place by sending the Customer an e-mail confirming the submission of the Order (durable medium). The content of the Sales Agreement is additionally recorded and secured in the online store’s IT system. After concluding the Sales Agreement, the Seller provides the Customer with proof of purchase in electronic form or together with the shipment containing the Product. The order specification may also be attached to the shipment. If the Customer requests the issuance of a VAT invoice, the Customer agrees that the VAT invoice will be sent to the e-mail address provided by him. The Seller may introduce technical methods of authenticating the Customer before downloading the proof of purchase or VAT invoice.
The Seller provides technical and organizational measures appropriate to the degree of threat to the security of the functionalities or services provided under the Service Provision Agreement. The use of Electronic Services involves typical risks related to the transmission of data via the Internet, such as their dissemination, loss or access to them by unauthorized persons.
The content of the Regulations is available to Customers free of charge at the following URL address [………………..], from where Customers can view and print it at any time.
The Seller informs that using the Online Store via a web browser, including placing an Order and making a telephone call, may be associated with the need to incur the costs of connecting to the Internet (data transmission fee) or the costs of a telephone call, in accordance with the tariff package. service provider used by the Customer.
In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code (Journal of Laws of 2023, item 1610, as amended); Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2020, item 344, as amended); provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2020, item 287, as amended); and other relevant provisions of generally applicable law.
The choice of Polish law under these Regulations does not deprive the Consumer of the protection granted to him under provisions that cannot be excluded by an agreement between the Seller and the Consumer, under the law that, in accordance with the relevant regulations, would be applicable in the absence of choice.

Attachments:

Template of the Distance Agreement Withdrawal Form.

SAMPLE WITHDRAWAL FORM

(this form should be completed and returned only if you wish to withdraw from the contract)

Addressee:

GENTILUOMO MILANO SP. Z O.O.

Ostródzka 195F/5, 03 289 Warszawa

I/We(*) hereby inform(*) about my/our withdrawal from the contract for the sale of the following items(*) contract for the delivery of the following items(*) contract for specific work consisting in the performance of the following items(*)/for the provision of the following service( *)

Date of conclusion of contract(*)/acceptance(*)

Order Number (if applicable; optional only)

Name and surname of consumer(s)

Consumer(s) address

Signature of the consumer(s) (only if the form is sent on paper)

Date