Legal document
TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES AND THE SALE OF GOODS ON THE galabbg.pl WEBSITE
Effective from: 1 October 2026
Effective as of 1 October 2026. Version 2.0.
§ 1. General Provisions
- These Terms and Conditions specify: (a) the rules for using the internet website available at galabbg.pl and the rules and conditions for the provision by the Service Provider of services by electronic means, in accordance with Art. 8(1)(1) and (2) of the Act of 18 July 2002 on the provision of services by electronic means, and (b) the conditions for concluding and performing contracts for the sale of goods (in particular trailers) between the Service Provider and Clients — both businesses and consumers.
- The Service Provider (Seller) is GALA BBG Sp. z o.o. with its registered office at Sławacinek Nowy 26, 21-500 Biała Podlaska, entered in the register of entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy) kept by the District Court Lublin-Wschód in Lublin with its seat in Świdnik, VI Economic Division of the National Court Register, under KRS number 0001202818, registered share capital PLN 15,000 (paid in full), NIP 5372662579, REGON 520790057.
- Contact details of the Service Provider: e-mail address sklep@galabbg.pl, telephone +48 533 144 044, correspondence address Sławacinek Nowy 26, 21-500 Biała Podlaska. Electronic and telephone contact is possible on business days between 8:00 and 16:00.
- These Terms and Conditions are made available free of charge, in a manner enabling them to be obtained, reproduced, stored and printed, at galabbg.pl/regulamin, before the contract for the provision of the Services is concluded and, in the case of a sales contract, no later than before the Client expresses the intention to be bound by the contract; at the Client’s request, also as a PDF file sent to the indicated e-mail address.
- Using the Website means acceptance of the provisions of these Terms and Conditions in the scope of electronic services. Sales contracts are governed by these Terms and Conditions in the wording applicable at the time of conclusion of the given contract, to the extent permitted by mandatory provisions of law. A Client who does not accept these Terms and Conditions should stop using the Website and not place orders.
§ 2. Definitions
For the purposes of these Terms and Conditions, the following meaning of terms is adopted:
- Website (Serwis) — the internet website operated by the Service Provider at galabbg.pl, together with all subdomains and language versions (PL, EN, DE, RO).
- Service Recipient — a natural person, a legal person or an organisational unit without legal personality which uses the Services.
- Client — a Service Recipient who applies for a quotation or concludes a sales contract with the Seller; depending on status — a Business (Trader) or a Consumer.
- Business (Trader) — an entrepreneur within the meaning of the provisions of the Civil Code (including dealers and wholesale customers), for whom the contract with the Seller is of a professional character.
- Consumer — a natural person performing, with the Seller, a legal act not directly related to her or his business or professional activity (Art. 22¹ of the Civil Code).
- Privileged Client (semi-consumer) — a natural person concluding a contract directly related to his business activity, where the content of the contract shows that it does not have a professional character for that person, arising in particular from the subject of the business activity conducted by him, made available under the provisions on the Central Registration and Information on Business Activity (CEIDG) (Art. 385⁵, Art. 556⁴ of the Civil Code and Art. 7aa u.p.k.).
- Services — services provided by electronic means, indicated in § 3.
- Form — an interactive form made available in the Website, enabling a query to be sent to the Service Provider, in particular the contact form, the request-for-quotation form, the complaint form and the recruitment form.
- Request for Quotation — a report of a need for goods or a service, submitted via the Form, e-mail or telephone.
- Quotation (Offer) — a binding offer of the Seller within the meaning of Art. 66 § 1 of the Civil Code, drawn up as a document (PDF) or an e-mail message, specifying the essential terms of the sales contract (designation and specification of the goods, price, delivery deadline and cost, validity period).
- Sales Contract — a contract for the sale of goods concluded outside the Website: after the Client’s acceptance of the Quotation, using means of distance communication (a distance contract within the meaning of Art. 2(1) u.p.k., if the buyer is a Consumer), or, alternatively, at the Seller’s registered office with the simultaneous presence of the parties.
- Goods — movable property presented in the Website and sold by the Seller, in particular trailers and accessories; trailers are oversized goods.
- Newsletter — the service of free transmission, to the given e-mail address, of commercial information about the Service Provider’s products, offers and events, provided on the terms of § 6(5)–(7).
- Unlawful Content — content contrary to the law, infringing third-party rights, good customs or the provisions of § 5.
- GDPR (RODO) — Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
- u.ś.u.d.e. — the Act of 18 July 2002 on the provision of services by electronic means; u.p.k. — the Act of 30 May 2014 on Consumer Rights; KC — the Civil Code.
§ 3. Types and scope of the Services provided by electronic means
- The Service Provider provides the following Services by electronic means, free of charge: a) making the content of the Website available — enabling the browsing of static informational content, including the company presentation, catalogue and product descriptions, downloadable materials and contact data; b) contact form / request-for-quotation form — enabling a message to be sent to the Service Provider and a reply to be received at the indicated e-mail address; c) receiving and handling requests for quotation and orders — receiving Requests via the Form, e-mail and telephone, drawing up and sending Quotations and accepting them; the Service is provided to all recipients — both Businesses and Consumers; d) complaint form — enabling a complaint about the Goods to be lodged on the terms set out in § 12 and in a separate Complaints Policy; e) recruitment form — enabling application documents to be submitted; f) Newsletter — on the terms of § 6(5)–(7); g) cookies and similar technologies — on the terms set out in the Cookie Policy.
- The Website is not an online shop in the technical sense: it contains neither a shopping cart nor an online payment mechanism. This does not, however, mean that no sales take place — sales contracts are concluded outside the Website, in the mode set out in § 8 (Quotation → acceptance), using means of distance communication. Product presentations in the Website have the character of an invitation to enter into a contract (§ 8(1)).
- The Services referred to in (1) are provided free of charge, 24 hours a day, 7 days a week, subject to § 4(4) (technical interruptions).
- The Service Provider reserves the right to introduce new Services, to modify and withdraw existing Services, subject to § 19.
§ 4. Technical requirements and threats
- To use the Website, the following are necessary: a) an end-user device with access to the Internet; b) an up-to-date web browser (e.g. Chrome, Firefox, Safari, Edge) with JavaScript and cookies enabled; c) when using the Forms and the Newsletter — an active and correctly configured e-mail address; d) for downloadable files — software enabling files in PDF format to be read.
- The Service Provider informs, in accordance with Art. 6(1) u.ś.u.d.e., about the particular threats associated with using services provided by electronic means, in particular about the risk of: (a) malicious software (viruses, worms, trojan horses, ransomware); (b) phishing and other forms of obtaining authentication data by fraud; (c) interception of unencrypted data transmission (sniffing); (d) unsolicited commercial correspondence (spam); (e) impersonation of the Service Provider or its employees (spoofing, “change of account number” fraud); (f) attacks on the availability of the Website (DDoS).
- To minimise the threats, the Service Provider recommends: using up-to-date antivirus and system software, using encrypted connections (HTTPS), not opening attachments from unknown sources, verifying senders’ e-mail addresses and — upon receiving information about a change of the Service Provider’s bank account number — telephone confirmation of such information under the number indicated in § 1(3).
- The Service Provider reserves the right to technical interruptions in the operation of the Website, necessary for its maintenance, updates or removal of failures. The Service Provider will notify of planned interruptions, if they are significant, in the Website. Technical interruptions do not constitute improper performance of the Services.
- The Service Provider informs, in accordance with Art. 6(2) u.ś.u.d.e., that it does not introduce into the Service Recipient’s IT system any software other than cookies and the technologies described in the Cookie Policy.
§ 5. Prohibition of providing unlawful content; rules for using the Website
- The Service Recipient is obliged to use the Website in a manner compliant with the law, these Terms and Conditions and good customs, respecting the personal interests and intellectual property rights of third parties.
- It is prohibited for the Service Recipient to provide unlawful content, in particular content: (a) infringing copyright, trademark rights or other intellectual property rights; (b) defamatory, vulgar, inciting hatred or discriminatory; (c) containing personal data of third parties without a legal basis; (d) containing malicious software or executable code; (e) constituting unsolicited commercial information (spam); (f) misleading as to the identity of the sender.
- It is prohibited in particular to: (a) take actions disrupting the operation of the Website or its infrastructure, including attempts at unauthorised access, penetration testing without consent, DoS/DDoS attacks; (b) automatically download content of the Website (scraping, crawling) beyond indexing by publicly available search engines, as well as to use content of the Website to train artificial intelligence models without the prior consent of the Service Provider; (c) use the Forms to send mass or test content; (d) circumvent technical security measures, including CAPTCHA mechanisms and rate limits.
- Upon receiving a reliable message or an official notification about the unlawful nature of data provided by the Service Recipient, the Service Provider is entitled to immediately disable access to such data; in such a case the Service Provider is not liable to the Service Recipient for damage resulting from disabling access (Art. 14 u.ś.u.d.e.). Reports of unlawful content are accepted at sklep@galabbg.pl.
- In the event of breach of (2) or (3), the Service Provider may block the Service Recipient’s access to the Website or selected Services, in particular by blocking the IP address, after a prior request to cease the breaches, and in flagrant cases — without such request (flagrant cases include in particular the distribution of malicious software and attacks on the Website’s infrastructure). This provision does not limit rights arising from mandatory provisions of law.
§ 6. Conclusion and termination of the contract on the provision of Services
- The contract for the provision of the Service referred to in § 3(1)(a) is concluded upon commencement of use of the Website and is terminated upon the Service Recipient leaving the Website, without the need to make additional declarations.
- The contract for the provision of the Form Service is concluded upon correct completion of the mandatory fields of the Form, ticking the required confirmation boxes and activating the send button, and is terminated upon sending the message or refraining from sending it.
- The condition for submitting the Form is providing the data marked as mandatory and confirming familiarity with these Terms and Conditions. The Service Provider does not make submission of the Form conditional on giving marketing consents.
- Content submitted via the Form (including Requests for Quotation) does not constitute an offer within the meaning of Art. 66 § 1 KC, but an invitation to make offers (Art. 71 KC), unless the sender has expressly given it the character of an offer. Submitting the Form does not oblige the Service Provider to conclude a contract or to reply; the Service Provider endeavours to reply within 3 business days.
- The contract for the provision of the Newsletter Service is concluded for an indefinite period upon the Service Recipient confirming the subscription by clicking the activation link sent to the given e-mail address (double opt-in mechanism), which constitutes prior consent within the meaning of Art. 398 of the Act of 12 July 2024 — Electronic Communications Law (PKE). Until the confirmation, the Service Provider does not send commercial information.
- The Service Recipient may at any time and without giving a reason terminate the contract for the provision of the Newsletter Service by clicking the unsubscribe link contained in each message or by sending a declaration to iod@galabbg.pl. The unsubscription takes effect immediately, no later than within 72 hours.
- The Service Provider may terminate the contract for the provision of the Newsletter Service with a 14-day notice period, in particular if the provision of that Service is discontinued.
- The Service Provider may terminate the contract on the provision of the Services with immediate effect if the Service Recipient breaches § 5 of these Terms and Conditions.
§ 7. Circle of recipients; dual-track nature of the relationships (B2B and retail)
- The Service Provider’s sales are dual-track: the Service Provider conducts direct sales (a) wholesale/dealer sales to Businesses (B2B) and (b) retail sales to Consumers — natural persons acquiring the Goods for purposes not directly related to their business or professional activity (Art. 22¹ KC).
- If the buyer is a natural person conducting business activity, the contract is directly related to that activity and does not have a professional character for that person within the meaning of § 2(6) (Privileged Client), the following apply to that person: the provisions on unfair contractual terms (Art. 385⁵ KC), the provisions of the statutory warranty (rękojmia) chapter concerning consumers — with the exception of Art. 558 § 1, second sentence, KC (Art. 556⁴ § 1 KC), the provisions of Chapters 5a and 5b of the u.p.k. concerning consumers (Art. 7aa u.p.k.), and Art. 556⁵ KC within the scope of Art. 563 and Art. 567 § 2 KC. The Privileged Client may, at the latest when the contract is concluded, make a declaration that the contract does or does not have a professional character for him; the Seller may not make the conclusion of the contract conditional on making such a declaration (Art. 556⁴ § 2 KC).
- The provisions of these Terms and Conditions intended exclusively for B2B relationships (in particular § 12(2), § 18(3), § 20(2) and (3)) do not apply to Consumers or to Privileged Clients to the extent that they would conflict with mandatory provisions on consumer protection; in the scope covered by Art. 385⁵ KC they apply only to the extent permitted by mandatory provisions.
- Product information posted in the Website is of an informational nature and does not constitute an offer within the meaning of Art. 66 § 1 KC — under Art. 71 KC, in case of doubt it is deemed an invitation to enter into a contract. Product photos are illustrative photos. Binding are exclusively: the specification and the terms agreed in the Quotation and confirmed at the conclusion of the contract, as well as the documents attached to the delivery. This provision does not limit the rights of the Consumer and the Privileged Client arising from the provisions on the conformity of goods with the contract (Art. 43a et seq. u.p.k.) and from the KC.
§ 8. Conclusion of the sales contract
- The presentation of goods in the Website (illustrative price lists, catalogue, descriptions) constitutes an invitation to enter into a contract within the meaning of Art. 71 KC, and not an offer within the meaning of Art. 66 § 1 KC.
- The Client submits a Request for Quotation via the Form, e-mail or by telephone. The Request is not an offer (see § 6(4)).
- The Seller draws up the Quotation — an offer within the meaning of Art. 66 § 1 KC, specifying the essential terms of the contract: designation and specification of the Goods, total price, delivery conditions and cost, expected completion time and the validity period of the Quotation. In relations between business operators, an offer cannot be revoked if a deadline for its acceptance has been specified in it (Art. 66² § 2 KC).
- The sales contract is concluded at the moment the acceptance of the Quotation reaches the Seller in a way enabling its content to be known (Art. 60 and Art. 61 §§ 1–2 KC); an acceptance made in electronic form (an e-mail reply “OK”, a signed scan) is effective from the moment it was entered into the means of electronic communication in such a way that the Seller could get acquainted with its content (Art. 61 § 2 KC). Acceptance of the Quotation with material changes constitutes a new offer (Art. 68 KC).
- The information duties provided for in Art. 66¹ § 2 KC do not apply to the procedure conducted by e-mail (Art. 66¹ § 4 KC); the information duties towards the Consumer are governed by § 14.
- The Seller confirms the conclusion of the contract on paper or another durable medium (order confirmation / pro forma invoice in PDF). If the buyer is a Consumer, the confirmation of the conclusion of the distance contract is provided on a durable medium no later than at the moment of delivery of the goods (Art. 21(1) u.p.k.).
- The permanent record, safeguarding and making available of the content of the contract being concluded takes place through the exchange of e-mail correspondence and documents (Quotation, acceptance, confirmation, invoice), which the Client may download and keep.
- The sales contract may also be concluded in person, at the Seller’s registered office, with the simultaneous physical presence of the parties — in such a case the provisions on distance contracts (§ 13) do not apply, provided the contract was not previously concluded at a distance.
§ 9. Prices and payments
- Prices in Quotations are given in Polish zloty and include VAT (gross prices) in the case of sales to Consumers; in B2B relations the Quotation indicates the net and gross price and the VAT rate.
- The price specified in the accepted Quotation is binding; it does not include delivery costs unless expressly included therein.
- Payment is made by bank transfer to the Seller’s bank account indicated in the Quotation or the invoice, before the release of the Goods, and in cases of payment in instalments — on the terms established in the contract, respecting the absolute limits of buyer protection in instalment sales (Art. 583–588 KC, in particular Art. 586 KC).
- In the event of a delay in payment, the Seller may claim statutory default interest (Art. 481 § 1 KC). The limits arising from Art. 481 KC with respect to a Consumer do not exclude mandatory provisions of law.
- In B2B relations, the Seller may make the release of the Goods conditional on payment of the whole or an indicated part of the price (simultaneous performance of reciprocal obligations — Art. 488 § 2 KC; right of retention — Art. 461 KC).
§ 10. Delivery and collection of the Goods
- Delivery or personal collection take place in accordance with the conditions indicated in the Quotation. Oversized goods (trailers) are released from the Seller’s registered office or delivered by dedicated transport; they are not suitable for shipment in the ordinary postal mode.
- The release and collection of oversized Goods are confirmed by a handover (delivery-acceptance) protocol signed by both parties; the protocol records the condition, completeness and features of the Goods at the moment of release.
- The manner of releasing and collecting the Goods should ensure their integrity and inviolability; when the Goods are sent through a carrier, the buyer is obliged to examine the consignment at the time and in the manner customary for consignments of this type and to perform the acts necessary to establish the carrier’s liability (Art. 545 KC).
- The costs of releasing and collecting the item are allocated in accordance with Art. 547 KC, unless the Quotation provides otherwise: the costs of release (in particular packaging, securing for the period of transport and forwarding) are borne by the Seller, and the costs of collection — by the buyer.
- If the buyer is a Consumer, the Seller releases the Goods to him without undue delay, no later than within 30 days of the conclusion of the contract, unless the contract provides otherwise (Art. 543¹ § 1 KC); in the event of delay, the Consumer may set an additional deadline for release, and after its fruitless expiry — withdraw from the contract (Art. 543¹ § 2 KC).
- If the buyer is in arrears with collecting the Goods, the Seller may have the item placed in storage at the buyer’s cost and risk, and, after previously setting a deadline for collection — sell the item for the buyer’s account (Art. 551 KC).
§ 11. Ownership and risk
- Ownership of the Goods passes to the buyer upon release (Art. 155 § 1 KC), subject to (2).
- In B2B relations, the Seller may reserve ownership of the Goods until the price is paid in full; in case of doubt such a reservation is deemed a transfer of ownership under a suspensive condition (Art. 589 KC). If the Goods are released to the buyer, the reservation of ownership should be confirmed in writing, and — to be effective against the buyer’s creditors — provided with a certain date (data pewna) (Art. 590 § 1 KC).
- The risk of accidental loss or damage to the Goods passes to the buyer upon delivery of the item (Art. 548 § 1 KC). If the parties have stipulated a different moment of the passing of benefits and burdens (including a reservation of ownership, (2)), in case of doubt the danger of accidental loss or damage is deemed to pass to the buyer at the same moment (Art. 548 § 2 KC).
- If the Goods are to be sent by the Seller to a buyer who is a Consumer, the danger of accidental loss or damage passes to the buyer upon release of the Goods to the buyer; release is deemed to be entrusting the Goods to a carrier by the Seller only if the Seller had no influence on the buyer’s choice of carrier. Stipulations less favourable to the buyer are invalid (Art. 548 § 3 KC).
§ 12. Complaints concerning the Goods
- Complaints concerning the Goods (quality, quantity, conformity, damage) are submitted to sklep@galabbg.pl, via the complaint form or in writing to the registered office address, in accordance with the Complaints Policy available at galabbg.pl/reklamacje, following the procedures set out below.
- B2B mode (Businesses for whom the contract is of a professional nature): the Seller’s liability is based on the statutory warranty against defects (rękojmia, KC). The Seller is liable under the statutory warranty if a physical defect is established before the expiry of two years from the day the item was released to the buyer (Art. 568 § 1 KC). The parties may extend, limit or exclude liability under the statutory warranty (Art. 558 § 1 KC, first sentence); the exclusion or limitation is ineffective if the Seller fraudulently concealed a defect from the buyer (Art. 558 § 2 KC). Any limitations of the statutory warranty introduced in contracts or order confirmations concern this track only.
- Consumer mode (Consumers and Privileged Clients within the scope of Art. 7aa u.p.k.): the regime of lack of conformity of the Goods with the contract applies (Art. 43a et seq. u.p.k.) — to contracts transferring ownership of goods to a Consumer, the KC provisions on the statutory warranty do not apply (Art. 43a(1) u.p.k.). The Seller is obliged to reply to a Consumer’s complaint within 14 days of the day of its receipt; if he fails to reply within this deadline, the complaint is deemed to have been acknowledged; the reply is provided to the Consumer on paper or another durable medium (Art. 7a u.p.k.).
- The limitations and exclusions provided for in Art. 563 and Art. 567 § 2 KC do not apply to Privileged Clients (Art. 556⁵ KC). The provisions of this section may not deprive the Consumer and the Privileged Client of rights mandatorily vested in them (Art. 7 u.p.k.).
§ 13. Consumer’s right of withdrawal from a distance contract (14 days)
- A Consumer who has concluded a distance contract (Art. 2(1) u.p.k.) may withdraw from it within 14 days without giving any reason and without bearing any costs, except for the costs specified in Art. 33, Art. 34(2) and Art. 35 u.p.k. (Art. 27(1) u.p.k.). The right also applies to a Privileged Client (Art. 7aa u.p.k.).
- The withdrawal period runs from the moment the Consumer, or a third party other than the carrier indicated by him, takes possession of the Goods (Art. 28(1) u.p.k.). To observe the deadline, it is sufficient to dispatch the declaration before its expiry (Art. 30(2) u.p.k.).
- The withdrawal declaration may be made on a form whose model is Annex No. 1 to these Terms and Conditions (model Annex No. 2 to the u.p.k.), on paper or — if the Seller provides such an option — electronically to sklep@galabbg.pl (Art. 30 u.p.k.). The Seller immediately confirms receipt of the declaration on a durable medium.
- The Seller refunds the Consumer all payments made, including the cost of delivering the Goods, without undue delay, no later than within 14 days of the day of receipt of the withdrawal declaration, using the same method of payment as that used by the Consumer, unless the Consumer expressly agrees to a different method of refund that is not associated with any costs for him (Art. 32(1) and (2) u.p.k.). The Seller may withhold the refund of payments until the moment the Goods are received back or evidence of their return is provided, whichever event occurs first, if he has not offered to collect the Goods from the Consumer himself (Art. 32(3) u.p.k.).
- The Consumer returns the Goods without undue delay, no later than 14 days from the day of withdrawal, unless the Seller has offered to collect them himself (Art. 34(1) u.p.k.).
- Costs of return: the Consumer bears only the direct costs of returning the Goods, unless the Seller agreed to bear them or did not inform the Consumer of the need to bear these costs (Art. 34(2) u.p.k.). In the case of oversized Goods (a trailer) that cannot be returned in the ordinary postal mode, the Seller — in the information provided before the contract was concluded (Art. 12(1)(10) u.p.k., § 14) — will indicate the estimated costs of return or offer collection of the Goods by the Seller on agreed terms. If the Consumer chose a method of delivery other than the least expensive ordinary method of delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer (Art. 33 u.p.k.).
- The Consumer is liable for any diminished value of the Goods resulting from handling the Goods other than what is necessary to establish the nature, characteristics and functioning of the Goods (Art. 34(4) u.p.k.).
- Exceptions. The right of withdrawal does not apply to the Consumer, inter alia, with respect to contracts in which the subject of performance is goods not pre-manufactured, produced according to the Consumer’s specifications or serving to satisfy his individualised needs (Art. 38(1)(3) u.p.k.) — this applies in particular to trailers configured and produced according to an individual specification. The Consumer is informed of the absence of the right of withdrawal before the contract is concluded (§ 14, Art. 12(1)(12) u.p.k.).
- In the event of withdrawal from the contract, related ancillary contracts expire (Art. 37 u.p.k.). This section does not apply to contracts concluded in person at the Seller’s registered office with the simultaneous physical presence of the parties (§ 8(8)).
§ 14. Information to the Consumer before the contract is concluded (Art. 12 u.p.k.)
- No later than at the moment the Consumer expresses his intention to be bound by the distance contract, the Seller provides him — in a clear and comprehensible manner, corresponding to the type of means of distance communication used (Art. 12(1), Art. 14(2) u.p.k.) — with the statutory information, in particular on: the main characteristics of the Goods; the Seller’s identifying data; the address, e-mail address and telephone for contact; the total price including taxes and charges for transport and other costs; the manner and deadline of payment; the manner and deadline of performance and the complaint procedure; the manner and deadline for exercising the right of withdrawal and the model withdrawal form; the costs of returning the Goods (including the costs of returning goods that cannot be returned by post in the ordinary way); the possible absence of the right of withdrawal (Art. 38 u.p.k.); the Seller’s liability for the conformity of the performance with the contract; guarantees and after-sales services; the possibility of using out-of-court means of handling complaints (§ 20(4)).
- In practice, the information referred to in (1) is contained in every Quotation addressed to a natural person (a Consumer or a Privileged Client), including an express clause on the right to withdraw within 14 days or on its absence (goods not pre-manufactured) — before the intention to be bound by the contract is expressed.
- The Seller provides the Consumer with the confirmation of the conclusion of the distance contract on a durable medium no later than at the moment of delivery of the goods (Art. 21(1) u.p.k.).
- The Seller, as a seller of an item, also fulfils the information duties towards the Consumer provided for a seller (Art. 546¹ KC) — before the contract is concluded he provides clear, comprehensible information sufficient for the correct and full use of the item, and upon release he provides documents, equipment and instructions drawn up in Polish (Art. 546 § 2 and Art. 546¹ KC).
§ 15. Intellectual property rights
- The Website and its elements — in particular the layout, graphic design, texts, photos, graphics, logos, product descriptions, downloadable materials and source code — are the subject of exclusive rights of the Service Provider or are used by the Service Provider under appropriate licences, and are protected under the Act of 4 February 1994 on Copyright and Related Rights and the Act of 30 June 2000 — Industrial Property Law.
- Using the Website does not mean acquiring any rights to its elements. Copying, reproducing, distributing, making available to the public, modifying and using content of the Website for commercial purposes is prohibited without the prior written consent of the Service Provider, except for use within the limits of permitted use under copyright law.
- The trademarks of manufacturers and suppliers presented in the Website are the property of the entitled entities and are used solely for informational purposes, to the extent necessary to indicate the type and origin of the goods, within the limits permitted by the provisions on industrial property law (in particular the exclusive right to use a trademark and the exhaustion of rights — the Industrial Property Law).
- The Service Recipient, by sending materials to the Service Provider via the Form (e.g. photos of the Goods within a complaint), grants the Service Provider a free, non-exclusive licence to use them to the extent necessary to handle the case and to defend against claims, for the time necessary for these purposes.
§ 16. Personal data and cookies
- The administrator of the personal data of Service Recipients and Clients is the Service Provider. Detailed information on the purposes, legal bases, storage periods, data recipients, transfers to third countries and the rights of data subjects is contained in the Privacy Policy available at galabbg.pl/polityka-prywatnosci, which constitutes an integral part of these Terms and Conditions.
- The rules for using cookies and similar technologies, including cookie categories, their storage periods and the manner of giving and withdrawing consent, are set out in the Cookie Policy available at galabbg.pl/polityka-cookies.
- Sending unsolicited commercial information is prohibited; the Service Provider sends commercial information only after the prior consent of the recipient, in accordance with Art. 398 of the Act of 12 July 2024 — Electronic Communications Law (PKE). (Editorial note: the former Art. 10 u.ś.u.d.e. was repealed as of 10 November 2024 and is not the basis of this provision.)
§ 17. Complaints concerning the Services provided by electronic means
- The Service Recipient may lodge complaints concerning the functioning of the Website and the Services provided by electronic means, in particular: unavailability of the Website, incorrect operation of the Form, failure to receive a confirmation or a reply.
- The complaint is submitted to sklep@galabbg.pl or in writing to the address indicated in § 1(3), indicating: the identification of the Service Recipient and contact details, the type and date of occurrence of the irregularity, its description and the expected manner of handling.
- The Service Provider handles the complaint within 14 days of its receipt and informs the Service Recipient of the result at the e-mail address from which the complaint was submitted or at another indicated address. If handling the complaint requires additional information, the Service Provider requests its completion; the deadline then runs from the day of receipt of the completion.
- Complaints concerning goods are handled under § 12 and the Complaints Policy available at galabbg.pl/reklamacje, and not under this section. The 14-day sanction of Art. 7a u.p.k. (presumption that the complaint was acknowledged) applies to complaints concerning goods submitted by Consumers and Privileged Clients (§ 12(3)), and not to the service complaints under this section.
§ 18. Liability
- The Service Provider undertakes to provide the Services with the due diligence resulting from the professional character of the activity conducted.
- The Service Provider is not liable for: (a) the consequences of the Service Recipient providing untrue, incomplete or outdated data, in particular an incorrect e-mail address; (b) failure to receive a reply due to the operation of anti-spam filters or the incorrect configuration of the Service Recipient’s e-mail; (c) interruptions and disruptions resulting from force majeure, failures on the side of telecommunications or hosting service providers; (d) content posted in third-party websites to which the Website contains links.
- In relations with Service Recipients/Clients who are Businesses for whom the contract is of a professional nature, the Service Provider’s liability for the provision of Services by electronic means is limited to actual loss (excluding lost profits) and to the amount of PLN 15,000, whereby the limitation does not concern damage caused intentionally (with intent, Art. 473 § 2 KC) or liability that cannot be excluded on the basis of mandatory provisions of law. The limitation does not apply to liability for defects of the goods (statutory warranty, lack of conformity of the goods with the contract) or to contracts with Consumers and Privileged Clients (§ 7(2)–(3)).
§ 19. Amendments to these Terms and Conditions
- The Service Provider may amend these Terms and Conditions in the event of: a change in the provisions of law, a change in the scope or manner of providing the Services or sales, a change of the Service Provider’s data, technological changes in the Website, or the need to remove ambiguities.
- The Service Provider informs of an amendment to these Terms and Conditions by publishing the new version in the Website together with the effective date, with at least 14 days’ notice; Service Recipients using the Newsletter are additionally informed by e-mail.
- A Service Recipient who does not accept the changes may terminate the contract on the provision of continuous Services (Newsletter) before the day the changes take effect, under § 6(6).
- An amendment does not apply to contracts (for Services and for sale) concluded and performed before the day it takes effect — these are governed by these Terms and Conditions in the wording applicable at the time of their conclusion/performance. Archival versions of these Terms and Conditions are made available on request at sklep@galabbg.pl.
§ 20. Governing law, out-of-court dispute resolution and jurisdiction
- The law applicable to these Terms and Conditions, the contracts on the provision of Services and the sales contracts is Polish law, subject to the mandatory provisions of the law of the country of the habitual residence of a Client who is a consumer (Art. 6(2) of Regulation (EC) No 593/2008 — Rome I) and Art. 3(3) of that Regulation.
- In sales contracts with Businesses (in particular dealers from EU countries — DE, RO), the parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, done at Vienna on 11 April 1980 (Dz.U. 1997 No. 45 item 286; CISG) — the exclusion is admissible under Art. 6 CISG; Polish law applies. The exclusion of the CISG does not result in depriving a consumer of the protection granted to him by provisions that cannot be derogated from by agreement under the law that would be applicable in the absence of choice (Art. 6(2) Rome I).
- Disputes arising from these Terms and Conditions and contracts with Businesses are submitted to the jurisdiction of the common court competent for the Service Provider’s registered office (prorogation of jurisdiction is admissible in B2B relations — Art. 25 of Regulation (EU) No 1215/2012, Brussels Ia). The provision does not apply to Consumers or Privileged Clients; disputes with them are heard by the court competent under mandatory provisions, in particular Art. 17–19 of Regulation 1215/2012 (jurisdictional protection of the consumer).
- A Client who is a Consumer (and a Privileged Client within the scope of Art. 7aa u.p.k.) is entitled to use out-of-court means of handling complaints and pursuing claims: (a) before the voivodeship (provincial) inspector of the Trade Inspectorate (Inspekcja Handlowa) in proceedings for the out-of-court resolution of consumer disputes (Art. 36 et seq. of the Trade Inspectorate Act; the Act of 23 September 2016 on the out-of-court resolution of consumer disputes); (b) with the assistance of the county (municipal) consumer ombudsman; (c) before the permanent courts of arbitration attached to the Trade Inspectorate. (Note: the EU ODR platform ceased operating on 20 July 2025 — do not indicate it as a channel.)
§ 21. Final provisions
- These Terms and Conditions enter into force on 1 October 2026.
- In matters not regulated by these Terms and Conditions, the provisions of Polish law apply, in particular the Civil Code (including Art. 535 et seq. on sale), the u.ś.u.d.e., the u.p.k., the Electronic Communications Law and the GDPR.
- The invalidity or ineffectiveness of any provision of these Terms and Conditions does not affect the validity of the remaining provisions; in place of an invalid provision, the applicable provision of law applies (in relations with Consumers and Privileged Clients — Art. 385¹ § 2 KC: the contract binds the parties in its remaining scope).
- These Terms and Conditions have been made available in the Polish, English, German and Romanian versions. In the event of discrepancies between language versions, the Polish version is binding, subject to § 20(1).
- The annexes to these Terms and Conditions, constituting an integral part thereof, are: Annex No. 1 (model form of withdrawal from the contract), the Privacy Policy, the Cookie Policy and the Complaints Policy.
Annex No. 1 to the Terms and Conditions — MODEL WITHDRAWAL FORM
(the model form implements Annex No. 2 to the Act on Consumer Rights; this form should be completed and returned only if you wish to withdraw from the contract)
— Addressed to: GALA BBG Sp. z o.o., Sławacinek Nowy 26, 21-500 Biała Podlaska, e-mail: sklep@galabbg.pl — I/We () hereby notify that I/We () withdraw from my/our () contract concerning the sale of the following goods () / the supply of the following goods () / the contract for work (manufacture) consisting in the manufacture of the following goods () / the provision of the following service () — Date of conclusion of the contract () / date of receipt (*) — Name and surname of the consumer(s) — Address of the consumer(s) — Signature of the consumer(s) (only if the form is submitted in paper form) — Date
(*) Delete as applicable.
Courtesy translation — the Polish version is controlling.
