TERMS AND CONDITIONS

TERMS AND CONDITIONS FOR THE
WWW.GROWTENT.EU ONLINE SHOP

 

§ 1
GENERAL PROVISIONS

1. These Terms and Conditions shall govern all use of the online Shop at www.growtent.eu by all
Users.
2. The Terms and Conditions stated herein set forth: the type, scope and conditions of: rendering
electronic services through www.growtent.eu; the conditions for the conclusion and termination
of Product Sales Agreements as well as the conditions for complaints procedure.
3. By using the Electronic Services available through the Shop, the User agrees to be legally bound
and to abide by these Terms and Conditions.
4. To all matters not settled herein the following provisions of Polish law shall apply:
4.1. Act on Rendering Electronic Services of 18 July, 2002 (Dz. U. [Journal of Laws] No. 144, item
1204, as amended),
4.2. Consumer Rights Act of 30 May 2014 (Dz. U. 2014, item 827),
4.3. Act on Out-of-court Settlement of Consumer Disputes of 23 September 2016 (Dz. U. 2016,
item 1823),
4.4. Provisions of the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended) and all
other applicable provisions of Polish law.


§ 2

DEFINITIONS FOR THESE TERMS AND CONDITIONS

1. REGISTRATION FORM − shall refer to the electronic form available at www.growtent.eu required
for Account registration.
2. ORDER FORM – shall refer to the electronic form available at www.growtent.eu, required for
Order placement.
3. CUSTOMER – shall refer to any User concluding a Sales Agreement with the Seller.
4. CONSUMER – shall refer to any natural person entering into a transaction with the Seller for
purposes that are outside their business, trade or profession.
5. ACCOUNT – shall refer to the assigned individual username (login name) and password providing
access to an organised collection of digital content, including details for individual orders, stored
on the Service Provider’s ICT-System.
6. NEWSLETTER - shall refer to the free subscription e-mail information service allowing Users to
receive updates on the Services available on the Website from the Service Provider.
7. PRODUCT – shall refer to any movables or services covered by a Sales Agreement concluded
between the Customer and the Seller via the online Shop.
8. TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
9. SHOP − shall mean the Service Provider’s online Shop located at www.growtent.eu.
10. SELLER, SERVICE PROVIDER – … and … trading as a civil law partnership QUICKCLICK SPÓŁKA
CYWILNA registered in the Business Activity Central Register and Information Record (CEIDG)
operated by the Ministry of Economy of the Republic of Poland, principal place of business and
address for service: ul. Stanisława Żółkiewskiego 35B, 04-305 Warszawa, Poland, tax

identification number NIP: 1132893780, statistical number REGON: 362209283, email address:
sklep@growtent.eu, telephone number: +48 534 700 035.
11. SYSTEM OF REVIEWS – shall refer to an electronic service enabling Users to evaluate the
processing and execution of the online Shop transactions.
12. SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the
Customer and the Seller through the Shop.
13. ELECTRONIC SERVICES - shall refer to the services provided electronically by the Service Provider
via the Shop.
14. USER − shall refer to any natural person, a corporate or non-corporate entity granted legal
capacity under imperative provisions of law, using the Electronic Services.
15. ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales
Agreement with the Seller.

§ 3

PRODUCT AND ORDER INFORMATION

1. The www.growtent.eu online Shop conducts retail sales via the Internet solely to Consumers.
2. Products offered through the Shop are brand new, free from physical or legal defects and have
been legally introduced onto the Polish market.
3. The information provided on the www.growtent.eu website does not constitute an offer as
defined by applicable law. By placing an order, the Customer makes an offer to buy a selected
Product under the terms set forth in the Product description.
4. The Product prices at www.growtent.eu are given in Polish zloty (PLN) and include all measurable
costs, such as value added tax (VAT). The prices do not include delivery fees.
5. The Product prices at www.growtent.eu only become binding when the Customer has placed an
Order. This price is unaffected by any price changes once the Order has been placed.
6. Orders can be placed:
6.1. through the website 24 hours a day, 365 days a year by completing an Order Form at
www.growtent.eu,
6.2. via email at sklep@growtent.eu,
6.3. via telephone: 534 700 035.
7. The Customer is not required to register an Account to place an Order.
8. Customers are required to read and acknowledge these Terms and Conditions before order
placement.
9. Orders are processed between: 10:00 and 18:30, Monday to Friday on Working Days. Orders
placed after … on Working Days as well as Orders placed on a Saturday, Sunday or a public
holiday shall be processed the next Working Day.
10. Special priced Products (promoted as part of a sale) are only available in limited numbers. Orders
for special priced Products will be processed in the order in which they are received, until the
Products are sold out.

§ 4

CONCLUDING SALES AGREEMENTS

1. In order to conclude a Sales Agreement, the Customer must place an Order, in accordance with
the rules set forth under § 3 points 6 and 8, by choosing one of the methods made available by
the Seller.
2. After placing a purchase Order, the Customer immediately receives an Order confirmation from
the Seller.
3. Receiving an Order confirmation from the Seller is the point at which the Order becomes binding
on the Customer. The Order confirmation is sent to the Customer via email.
4. The Order confirmation email shall include the following elements:
4.1. confirmation of all relevant Order details,

4.2. model statement of withdrawal from the agreement,
4.3. these Terms and Conditions containing information on the right of withdrawal.
5. After receiving the confirmation email, as set forth under point 4, the Sales Agreement between
the Customer and the Seller is finally concluded.
6. Each Sales Agreement shall be confirmed by a proof of purchase (a fiscal receipt or a VAT invoice
at the Customer’s request) attached to the Product.


§ 5
METHODS OF PAYMENT


1. The following payment options are made available to the Customer:
- Traditional bank transfer to the Seller’s bank account
- electronic payment (eservice, PayPal),
- cash on delivery (COD).
2. Traditional bank transfers should be made into the following bank account: QUICKCLICK SPÓŁKA
CYWILNA, ul. Stanisława Żółkiewskiego 35B, 04-305 Warszawa, Poland, tax identificatin numer
NIP: 1132893780.
Account number for payments in PLN: 88 2490 0005 0000 4500 9588 1257
Account number for payments in EUR: PL47249010570000990273625698
Account number for payments in GBP: PL38249010570000990473625698
Account number for payments in CZK: PL73249010570000990773625698
Account number for payments in USD: PL03249010570000990173625698
SWIFT number: ALBPPLPWXXX
3. The customer should enter the following in the payment title: “Order no. ……” .
4. All electronic payments must be made before an Order can be processed. Available electronic
payment systems include payments by credit card as well as instant bank transfers in selected
Polish banks.
5. In the case of cash on delivery payment, the Order is dispatched as soon as the Customer’s
delivery address has been verified.
6. The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement
within 3 working days from the date of its conclusion unless indicated otherwise in the Sales
Agreement.
7. In case of payments set forth under points 1.1 and 1.2 the Product shall be dispatched only after
full payment is received by the Seller.


§ 6

DELIVERY COST, TIME AND METHOD

1. Delivery charges shall be stated at the time of ordering and are dependent upon the chosen
payment and delivery method.
2. The delivery time depends on how long it takes the Seller to process an Order and how long it
takes the carrier to deliver the Product to the Customer once it is dispatched.
2.1. The order processing time takes 1 Working Day.
2.2. Products are delivered within 1 to 2 Working Days (deliveries are made on Working Days,
excluding Saturday, Sunday and public holidays).
3. All Products are sent via Poczta Polska (Polish Postal Service), parcel pick-up stations (InPost) a
courier company (DPD, UPS, Inpost).
4. The Customer may personally collect the Product from the Seller by prior arrangement by email
or telephone.

§ 7

COMPLAINTS PROCEDURE

1. Manufacturer’s Warranty.
1.1. All Products sold through the Shop are covered under the manufacturer’s warranty which is
applicable within the territory of the Republic of Poland.
1.2. The warranty period for the Products sold through the Shop is 24 months and begins from
the date of delivery of the Product to the Customer.
1.3. A proof of purchase is required to validate any warranty claims.
1.4. The manufacturer’s warranty does not override any Consumer entitlements arising from the
statutory warranty for physical or legal defects, set out in the Polish Civil Code.
2. Statutory warranty process.
2.1. The legal basis and the extent of the Seller’s liability to the Consumer for physical or legal
defects in Products are set forth under the Civil Code Act of 23 April, 1964 (Dz. U. No. 16,
item 93, as amended).
2.2. Notice of a Product defect and all statutory warranty claims should be submitted via email
to the following address: sklep@growtent.eu or in writing to the following address:
QUICKCLICK SC ul. Grochowska 23/31 04-186 Warszawa, Poland.
2.3. All claims, submitted electronically or on paper, should contain sufficient detail about the
matter that is at issue. Specifically, claims should include information regarding
circumstances, the nature of the claim, the date when the issue first arose as well as the
issuer contact details. Providing all necessary data will speed up the claim-handling process.
2.4. Where inspection is deemed necessary to determine the scope of the defect, the defective
Product shall be returned to the following address: QUICKCLICK SC ul. Grochowska 23/31
04-186 Warszawa, Poland.
2.5. All consumer Customer claims shall be reviewed promptly and, in any event, no later than
within 14 days following the date of receipt.
2.6. In the case of claims submitted by consumer Customers - the Seller’s failure to consider the
Customer’s claim within 14 days of its receipt shall be construed as tantamount to a decision
in the Customer’s favour. If a claim is decided in favour of the consumer Customer the Seller
shall bear the costs and expenses incurred in connection with the pick-up, delivery and
replacement of the defective Product with one free from defects.
2.7. A response to the claim is delivered to the Consumer on paper or other tangible medium.

§ 8
RIGHT TO WITHDRAW

1. With the reservation of point 10 of this paragraph Consumer Customers have the right to
withdraw from a distance agreement within 14 days without giving any reason for the
withdrawal. To exercise the right of withdrawal the consumer Customer must notify the Seller of
his decision to withdraw from the agreement by an unequivocal written statement (e.g. by
submitting the model withdrawal statement provided by the Seller). The statement can be
generated with the document generator available HERE.
2. In the case of withdrawal from a Seles Agreement, the agreement is considered null and void. In
the case of withdrawal from the Agreement, the Consumer must return the Product to the Seller
or any person authorised by the Seller without delay and no later than within 14 days from the
date of withdrawal from the Agreement, unless the Seller offered to pick up the Product from
the Consumer. To comply with the time limit it is sufficient that the Product is dispatched on
time.
3. In case of withdrawal from a Sales Agreement the Product should be sent to the following
address: QUICKCLICK SC ul. Grochowska 23/31 04-186 Warszawa, Poland.

4. The Consumer shall be liable for any diminished value of the Product resulting from the handling
other than what is necessary to establish the nature, characteristics, and functioning of the
Product.
5. With the reservation of points 6 and 8 of this chapter the Seller shall reimburse to the Consumer
the amount paid, including the cost of delivery. The refund shall be made in the same method of
payment that the Consumer used for the initial transaction, unless the Consumer has expressly
agreed on a different refund method which does not incur any costs on the Consumer’s part.
6. The Shop shall not be required to reimburse the supplementary costs resulting from the
Consumer’s choice of a type of Product delivery other than the least expensive type of standard
delivery offered by the Shop.
7. If the Seller does not offer to pick up the return from the Customer himself, the Seller may
withhold reimbursement until he has received the Product back or until the Consumer has
supplied evidence of having sent back the Product, whichever occurs first.
8. The Consumer who withdraws from a Sales Agreement under point 1 of this paragraph, must
only bear the direct cost of returning the Product to the Seller.
9. The “cooling-off” period expires 14 days after the day the Consumer received the Product, or
after the day of concluding an agreement for the provision of services.
10. The right of withdrawal in any event does not apply to Sales Agreements for the supply of:
10.1. products made to the Consumer’s specification, i.e. non-prefabricated, personalized
Products made on the basis of and individual choice of or decision by the Consumer.
10.2. products delivered sealed, subsequently unsealed, which are not suitable for return
for reasons of hygiene or health protection.
10.3. goods which become mixed inseparably (according to their nature) with other items
after delivery.
10.4. a service, after the service has been fully performed, the performance of the service
begun with the Consumer’s prior express consent and with the acknowledgement that the
Consumer would lose his right of withdrawal once the Agreement had been fully performed
by the Seller.
10.5. perishable products or products with a short expiry date.
11. Both the Customer (Consumer) and the Seller have a legal right to cancel the Sales Agreement in
the event that the opposite party fails to fulfil its obligations under the Agreement within the set
deadline.

§ 9

TYPE AND SCOPE OF ELECTRONIC SERVICES


1. The Service Provider grants access to the following Electronic Services:
1.1. concluding Product Sales Agreements,
1.2. managing online Account,
1.3. Newsletter,
1.4. System of Reviews.
2. These Terms and Conditions shall apply to all Electronic Services provided through
www.growtent.eu.
3. The Service Provider reserves the right to display advertising content at www.growtent.eu.
Advertisements are an integral part of the online Shop front and the materials presented therein.

§ 10

CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS


1. The Electronic Services set forth under § 9 point 1 of these Terms and Conditions are free of
charge.
2. Term of the agreement:
2.1. Electronic Services Agreements for Account management are concluded for an indefinite
period of time.

2.2. Electronic Services Agreements enabling the User to place an Order are concluded for a
definite period of time and terminate upon placement or withdrawal of the Order.
2.3. Electronic Services Agreements for the provision of Newsletter is concluded for an indefinite
period of time.
2.4. Electronic Services Agreements enabling the User to submit Reviews to the Website is
concluded for a definite period of time and terminates when the User submits a review or
ceases to use the service.
3. End-user hardware, network and software requirements for the ICT system used by the Service
Provider:
3.1. a computer with an active Internet connection,
3.2. email account,
3.3. Internet browser,
3.4. enabling cookies and Javascript in the Internet browser.
4. The User agrees to use the online Shop in accordance with the principles of good practice, only
for lawful purposes and in a manner, which does not infringe the personal rights and intellectual
property rights of any third party.
5. The User is obliged to provide accurate and complete information to the Service Provider.
6. User is prohibited from providing any unlawful or illegal content.

§ 11

COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES

1. Complaints about Electronic Services provided via www.growtent.eu should be submitted via
email to sklep@growtent.eu.
2. All complaints should contain sufficient detail about the matter that is at issue. Specifically,
complaints should include circumstances, the nature of the complaint, the date when the issue
first arose as well as the complainant’s contact details. Providing all necessary data will speed up
the complaint-handling process.
3. All complaints shall be resolved promptly and, in any event, no later than within 14 days
following the date of receipt.
4. A response to the complaint shall be sent by email or other preferred method of contact
indicated by the complainant.

§ 12

CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS

1. Terminating an Electronic Services Agreement:
1.1. Continuing and indefinite-term Electronic Services Agreements (e.g. Account management
agreement) may be terminated.
1.2. The User may terminate the agreement for convenience and with immediate effect by
sending an appropriate statement to the following e-mail address: sklep@growtent.eu.
1.3. The Service Provider reserves the right to terminate continuing and indefinite-term
Electronic Services agreements in the event that the User violates any obligation deriving
from these Terms and Conditions. This applies particularly to Users who provide illegal
content and continue to do so despite receiving a cease and desist letter from the Service
Provider. The termination shall be effected within 7 days of serving an advance notice in
writing (agreement termination period).
1.4. The notice of termination leads to a cessation of legal relations with the effect for the
future.
2. The Electronic Services agreement may be terminated at any time by mutual agreement of the
parties.

§ 13
INTELLECTUAL PROPERTY

1. The compilation of all content at www.growtent.eu (with the reservation of § 13 point 3 as well as
the elements used under a license, assignment of copyrights or fair use) is the exclusive property
of … and … trading as a civil law partnership QUICKCLICK SPÓŁKA CYWILNA, principal place of
business and address for service: ul. Stanisława Żółkiewskiego 35B, 04-305 Warszawa, Poland, tax
identification number NIP: 1132893780, statistical number REGON: 362209283. The User shall
bear all liability for damages resulting from their use of the content of the website
www.growtent.eu without the consent of the Service Provider.
2. Any use or reproduction of the content of the website www.growtent.eu or any portion thereof
without the express written consent of the Service Provider constitutes a copyright infringement
and is punishable under civil and criminal law.
3. All trade names, Product names, company names or logos mentioned on www.growtent.eu may
be registered trademarks, are the property of their respective owners and are used solely for
identification purposes. All materials, descriptions and photos presented on the
www.growtent.eu website are used for information purposes only.

§ 14
FINAL PROVISIONS

1. Agreements concluded through the Shop are construed in accordance with the laws of Poland.
2. Should any provision of these Terms and Conditions be prohibited by applicable law, the
provisions of Polish law shall apply in lieu of the unenforceable provision.
3. Any disputes between the Shop and Consumers arising out of or in connection with a Sales
Agreement shall be resolved in the first instance through amicable negotiation between the
parties. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall
be resolved in a court of competent jurisdiction under point 4 of this paragraph.
4. Judicial dispute settlement procedures:
4.1. Any disputes arising between the Service Provider and the consumer User (Customer) shall
be resolved by a court of competent jurisdiction, in accordance with the provisions of the
Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
4.2. Any disputes arising between the Service Provider and the non-consumer User shall be
settled by the court having jurisdiction over the Service Provider’s registered office.
5. Consumer Customers may use Alternative Dispute Resolution schemes after the internal
complaints procedure is finalised, such as submitting a request for mediation or a request for
arbitration to a competent state organ (model request forms are available at:
http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration
Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at:
http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal
aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based
organisation for consumer protection. Alternative Dispute Resolution procedures are free of
charge.
6. Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform
available at: http://ec.europa.eu/consumers/odr/.

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