TERMS AND CONDITIONS FOR MOBILE APPLICATION AND WEBSITE BODYNETICS
The Bodynetics Website and Mobile Application care about consumer rights.
The consumer may not waive their rights arising from the Act on Consumer Rights. The provisions of contracts which are less favorable to the consumer than the provisions of the Act on Consumer Rights shall be invalid and the provisions of the Act on Consumer Rights shall apply in their stead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights vested in them in accordance with the mandatory provisions of law; any possible doubts shall be resolved in favor of the consumer. In the event of any inconsistency between these Terms and Conditions and the abovementioned provisions, the said provisions shall prevail and be applied.
In accordance with Article 6(2) of the Rome I Regulation, the Seller/Service Provider hereby chooses Polish law to be applicable to contracts concluded with consumers, including Contracts of Sale, contracts for the provision of Electronic Services. Polish law implements Directive No. 2011/83/EU of October 2014, which unifies European legislation in respect of distance contracts, including contracts concluded via the Internet. The Service Provider shall respect the more favorable law applying to consumers or entrepreneurs in accordance with the law of the consumer's habitual residence.
I GENERAL PROVISIONS
- The Website available at bodynetics.com and Mobile Application Bodynetics are run by the Service Provider, i.e. Sportvestors sp. z o.o. (private limited liability company) with its registered office in Warsaw at the address: Migdałowa 4, 02-796 Warsaw, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, the 13th Commercial Division of the National Court Register under the KRS No. (National Court Register No.): 709043, NIP No. (tax ID No.): 9512451779 and REGON No. (statistical ID No.): 368974814, having the share capital of PLN 10,700.
- These Terms and Conditions are addressed to Users using the Website, including the Online Shop, the Blog and the Information Section of the Website and Mobile Application.
- Functionality of the Website and Mobile Application are integrated, whereas both Website and Mobile Application are independent of one another, therefore any User shall be registered and use Website and Mobile Application independently of one another, including using only the Website or Mobile Application or both of them.
- The Website available at www.bodynetics.com and Mobile Application does not contain or render any medical or physiotherapeutic services. Before starting any physical exercise, it is necessary to consult a doctor or physiotherapist. If any discomfort can be felt while doing the exercises presented on the Website or Mobile Application, the Service Provider recommends stopping the exercises immediately and consulting a doctor.
- Customer should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing the Website and Mobile Application, Customer/User acknowledges and agrees that Customer’s/Users performance of any and all exercises or activities recommended by the Website and Mobile Application is wholly at Customer’s/Users own risk. Neither the Service Provider nor any of its trainers and employees will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans or exercises. Customer/User shall be aware that there is inherent mental and physical risk for health, including illness or injury risk resulting from physical exercises. While Website and Mobile Application may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, Customer/User assumes sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form.
- Reproduction, copying, or providing the access to the content presented on the Website, in particular text, photos and video, without the written consent of a legally authorised representative of Sportvestors Sp. z o.o. (private limited liability company) shall be prohibited.
- These Terms and Conditions are made available continuously and free of charge by Service Provider in Website and Mobile Application, in a way that it enables Users its acquisition, broadcasting and recording its content through printing or to recording on carrier at any time using an information system, which is used by the User.
II DEFINITIONS :
- WORKING DAY – one day from Monday to Friday, except public holidays.
- REGISTRATION FORM– the form available in the Online Shop making it possible to create an Account.
- ORDER FORM– an Electronic Service, an interactive form available in the Online Shop making it possible to place an Order, in particular by adding Products to an electronic cart and determining the terms and conditions of the Contract of Sale, including the methods of delivery and payment.
- CUSTOMER – a natural person having full capacity to make acts in the law and, in cases provided for by the universally binding provisions of law, also a natural person with limited capacity to make acts in the law, who has concluded or intends to conclude a Contract of Sale with the Seller.
- CIVIL CODE – the Act of 23 April 1964 - the Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended).
- CONSUMER – User/Customer being a Consumer within the meaning of article 22  of the Polish Civil Code
- ELECTRONIC SERVICE– a set of resources in the Service Provider's ICT system which is marked with an individual name (login) and password provided by the Service User and in which the data provided by the Service User as well as information on the User's Orders in the Online Shop are stored.
- ACCOUNT- Part of the Internet service allocated to specified User, by which the User may apply certain actions and/or fully activate the service conducted for User by Service Provider, under the unique name (login), an account in Mobile Application, being a collection of resources, in which Users personal data and the information about his actions in Application shall be collected.
- NEWSLETTER – an Electronic Service rendered by the Service Provider via email which enables all the Service Users using it to receive automatically from the Service Provider the periodic content of subsequent issues of the newsletter containing information about Products, Services, Novelties and Promotions on the Website and Mobile Application updates.
- PRODUCT – a movable available in the Online Shop which is the object of a Contract of Sale between the Customer and the Seller.
- TERMS AND CONDITIONS – these terms and conditions of the Website and Mobile Application.
- MOBILE APPLICATION BODYNETICS – (hereinafter: Mobile Application; Application) application for mobile device under the name available for free download in online shops App Store and Google Play.
- MOBILE DEVICE– a device allowing to use the Application and a regulated data roaming service, especially mobile phone or tablet, working on the basis of operating system AndroidTM or IOS;
- WEBSITE– (hereinafter: Internet Service; Service) the Service Provider's website available at www.bodynetics.com, which consists of the Information Section, the Online Shop and the Blog.
- ONLINE SHOP- the Service Provider's online shop available at bodynetics.com
- SELLER; SERVICE PROVIDER– Sportvestors sp. z o.o. (private limited liability company) with its registered office in Warsaw at the address: Migdałowa 4, 02-796 Warsaw, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, the 13th Commercial Division of the National Court Register under the KRS No. (National Court Register No.): 709043, NIP No. (tax ID No.): 9512451779 and REGON No. (statistical ID No.): 368974814, having the share capital of PLN 10,700, email address: email@example.com.
- CONTRACT OF SALE– a contract for the sale of a Product being concluded or concluded between the Customer and the Seller through the Online Shop.
- CONTRACT- a service Contract provided by Service Provider for User, providing services related to use Service and Application by User, and setting out the principles of using the Service and Application by the User, whose provisions are stated in Terms and Conditions.
- ELECTRONIC SERVICE– (hereinafter: Electronic Service; Service) a service rendered by electronic means by the Service Provider for the benefit of the Service User through the Website and Mobile Application, i.e. the Order Form, Account, Newsletter.
- SERVICES – services provided by the Service Provider for Users electronically supplied within the meaning of the Act of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended).
- SERVICE USER; USER – a natural person having full capacity to make acts in the law and, in cases provided for by the universally binding provisions of law, also a natural person with limited capacity to make acts in the law, who uses or intends to use an Electronic Service.
- ACT ON CONSUMER RIGHTS – the Act of 30 may 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).
- ORDER - a Customer's declaration of will made with the use of the Order Form and aimed directly at concluding with the Seller a Contract of Sale the object of which is a Product.
III ELECTRONIC SERVICES (TYPE AND SCOPE)
- Providing Electronic Services shall be exercised in accordance with the principles and under the procedure specified in this regulations.
- Service Provider enables through Internet Service and Mobile Application usage from the following Electronic Services:
- Browsing the information available within the Service,
- Creation and conducting of the Account,
- The Access to the resources of Service, Application and Account, including in particular few sets of training programs addressed to runners/ crossfitters / bodybuilders that will help in training, improve motor parameters and recovery and other contents compliant with the nature and character of Application and Service,
- Access to System and Application functions, including in particular positioning, tracking and changing settings in terms of objectives, achievements and other contents, according to the information available in the Service and Application and its nature.
- The download of Application for mobile device from internet stores such as App Store and Google Play is free of charge, however the use of a service offered available through the Services and functionality of the Service is payable in accordance with subscription, referred to in chapter VIII of the Regulations ( THE METHODS AND TIME OF PAYMENT FOR A PRODUCT)
- The following Electronic Services are available in the Online Shop: the Account, Order Form and Newsletter.
- Account – using the account is possible via the Online Shop immediately after all the following three consecutive steps are taken by the Service User: (1) filling in the Registration Form, (2) clicking on the field "Create an account" and (3) confirming the intention to create an Account by clicking on the confirmation link sent automatically to the provided email address. It is necessary for the Service User to provide the following data in the Registration Form: the Service User's email address and password.
The Electronic Service of the Account shall be rendered free of charge for an indefinite period. At any time and without stating the reason, the Service User shall have the possibility of terminating the use of an Electronic Service by sending a request to this effect to the Service Provider, in particular via email to the address: firstname.lastname@example.org, in writing to the address: Sportvestors sp. z o.o.,Migdałowa 4, 02-796 Warsaw or by selecting the appropriate option in the Account.
- Order Form – using the Order Form is possible via the Online Shop immediately after the Customer has added the first Product to the electronic cart in the Online Shop. An Order is placed upon taking both of the following two consecutive steps by the Customer: (1) filling in the Order Form and (2) clicking on the field "I buy and pay" on the site of the Online Shop after filling in the Order Form - by that time the Customer is able to change on their own the data which they have provided (in order to do so, it is necessary to follow the displayed instructions and information available on the site of the Online Shop). It is necessary for a Customer to provide the following data concerning the Customer in the Order Form: full name/company name, address (street, house number/apartment number, postcode, locality, country), email address, contact telephone number as well as information related to the Contract of Sale: the Product(s), quantity of the Product(s), place and method of delivery of the Product(s), payment method.
The Electronic Service of the Order Form shall be rendered free of charge, shall be of one-off nature, and shall be terminated at the time of placing an Order through the Order Form or at the time of prior discontinuation of Order placement through the Order Form by the Service User.
- Newsletter – the use of the newsletter is possible through the Online Shop immediately after choosing the appropriate check box while creating an Account – upon creating the Account and choosing the appropriate check boxes, the Customer subscribes to the Newsletter.
The Electronic Service of the Newsletter shall be rendered free of charge for an indefinite period. At any time and without stating the reason, the Service User shall have the possibility of terminating the use of the Electronic Service of the Newsletter by sending a request to this effect to the Service Provider, in particular via email to the address: email@example.com, in writing to the address: Sportvestors sp. z o.o., Migdałowa 4, 02-796 Warsaw or by selecting the appropriate function in the Account, or by selecting the hyperlink "unsubscribe" located at the bottom of messages sent as part of the Electronic Service of the Newsletter.
IV THE RIGHTS OF SERVICE PROVIDER FOR SERVICE AND APPLICATION
- Service Provider may place advertisement and other elements of promotion of goods and services from third parties in Service and/or Application
- Service Provider shall endeavour to make Service and Application to operate correctly, but does not guarantee its continuous availability.
- Service Provider shall temporarily suspend access to Service and/or Application, when it becomes necessary to resolve the failure or improve the performance.
- Service Provider reserves the right to interference with the User account in order to erasure irregularities in functioning in Service and/or Application or disturbances or difficulties encountered while using the Account by User.
- Service Provider reserves the right to limit, suspend or terminate its Service and or/using Application.
- Service Provider reserves the right to limit, suspend, terminate or modify chosen Service and/or Application.
V TECHNICAL REQUIREMENTS
- The technical requirements necessary for cooperation with the Application shall include: (1) access to Google Play or App Store , (2) Android system version 4.4. or later, or IOS version 9 or later, an active and correctly configured data service provided on the mobile device by a telecommunications operator or a wireless link, (3) access to electronic mail. The Service User shall be obligated to use the Online Shop in accordance with the law and good practice, having regard to the personal interests, copyright and intellectual property of the Service Provider as well as third parties. The Service User shall be obligated to provide true and accurate data. The Service User shall be forbidden to provide unlawful information.
- The Service Provider renders Electronic Services free from defects.
- Recording, securing and providing the access to the content of a contract for the provision of Electronic Services being concluded shall be effected by (1) making these Terms and Conditions available on the Website and (2) sending an email to the Service User with information on the consent granted by the consumer for the provision of Digital Content in the circumstances resulting in the consumer's loss of the right to withdraw from the contract. The content of the contract for the provision of Electronic Services is additionally recorded and secured in the IT system of the Website, and made available to the Service User through their Account.
VI TERMS AND CONDITIONS FOR CONCLUDING AND TERMINATING THE AGREEMENT ON PROVIDING SERVICES BY ELECTRONIC MEANS
The contract for the provision of the Service consisting in browsing information posted on the Website and the Mobile Application is concluded for a specified period and terminates when the User closes the Website or closes the Mobile Application.
- The Account Service referred to above is available after registration. The User may set up an Account by registering in the Application or on the Website. Registration takes place by completing and accepting the Registration Form, available on the Website or after downloading the Application.
- An Account in the Application and an Account on the Website is a whole, so that the User who created the Account via the Application or Website can then log into their Account via the same data also on the Website or Application respectively.
- The account contains User's data provided by him during registration. In the event of any changes to the data included in the Account, the User is obliged to immediately update them using the functionalities available on the Website or Application.
- The contract for the provision of the Service consisting in running a User Account is concluded for an indefinite period and terminates upon sending the registered request to delete the Account by the User.
- The User may not have more than one Account assigned to one e-mail address. The User may not use the Accounts of other Users and provide other persons with access to the Account, including disclosing the password to access the Account.
- A User who has an Account in the Service and / or Application may receive access to additional resources and functionalities of the Website and / or Application.
- Access to resources and functionality of the Website is granted to the User for an indefinite period - until the User has an active Account on the Website.
- Using the Website and Application functions requires connection to the Service Provider's server through the telecommunications network and using the data transmission service or starting the wireless link. Fees for using the data transmission service are paid by the User to the appropriate telecommunications operator according to tariffs set by that operator. The necessary technical requirements to use the Website or Application are indicated in the technical requirements (V TECHNICAL REQUIREMENTS)
- In order to install the Application on the Mobile Device, the User downloads the Application from the Google server through the pages of the Google Play store or Apple server through the pages of the App Store. Downloading the Application may require the use of a web browser and the Google Play or App store.
- The User may install the Application on the Mobile Device, following the instructions displayed on the screen of the Mobile Device during installation.
- Downloading and installing the Application by a person acting on behalf of a legal person or organizational unit without legal personality may be made by a natural person who is duly authorized to perform on behalf of the represented legal person or organizational unit all rights and obligations of the Application User.
- The procedure for gaining access to the Application includes submitting by the User a statement on the acceptance of the content of the Regulations.
- The contract is concluded upon acceptance of the Regulations and completion of the Application installation process.
- The contract for the use of the Application is concluded for an indefinite period. The provisions of the Regulations constitute the content of the Agreement.
- After the conclusion of the Agreement, the User shall be able to use the Application, including the individual functionalities of the Application and the Services available within or in connection with the Application.
- In case of violation by the User of the provisions of these Regulations, the Service Provider after the ineffective call to stop or remove violations with the appointment of an appropriate deadline may terminate the Agreement on the use of the Application with a 14-day notice period.
- If the Service Provider reasonably suspects that the User commits to activities prohibited by law or the Regulations, or violates the principles of social coexistence or affecting the legitimate interest of the Service Provider, and in particular his reputation, he may take all lawful actions, including limit the possibility User's use of the Application, Website and Services provided through them.
- In the event of termination of the Agreement for the use of the Application and / or Service, the Service Provider shall immediately deactivate the User's access to the Application, while the User is obliged to immediately uninstall the Application from the Mobile Device.
- The consumer may withdraw from it within 14 days of concluding the Service Agreement referred to above without giving a reason (see paragraph 8 of these Regulations: Right to withdraw from the Agreement). The Consumer may withdraw from the Agreement also by deleting the Account, if at the time of concluding the Service Agreement the User did not consent to the performance of the service before the deadline for withdrawal from the Agreement.
- In the case of using the Application and its Services, the User may also withdraw from the Agreement by removing the Application (its uninstallation, removing from the Mobile Device in a standard manner for a given version of the operating system installed on the User's Mobile Device) from the Mobile Device.
VII THE TERMS AND CONDITIONS OF CONCLUDING AND WITHDRAWAL A CONTRACT OF SALE
- A Contract of Sale between the Customer and the Seller shall be concluded after the Customer places an Order through the Order Form in the Online Shop pursuant to Section 7 Chapter III hereof,
- The price of a Product displayed on the site of the Online Shop is provided in Euros (EUR), Polish zlotys (PLN) or United States dollars (USD) and it is the gross price, i.e. it includes the tax on goods and services. At the time of placing an Order, including the moment of the Customer's expression of their will to be bound by the Contract of Sale, the Customer shall be informed about the total price of the Product together with taxes (including fees charged for transport, delivery and postal services) as well as about other costs and, in case it is not possible to determine the amount of the said fees, about the obligation of paying them.
- The procedure of concluding a Contract Sale in the Online Shop through the Order Form.
- A Contract of Sale between the Customer and the Seller shall be concluded after the Customer places an Order in the Online Shop pursuant to Section 7 Chapter III hereof.
- Upon an Order being placed, the Seller promptly acknowledges its receipt and, at the same time, accepts the Order for execution. The Seller shall acknowledge the receipt of an Order and its acceptance for execution by sending the Customer a relevant email to the email address specified by the Customer while placing the Order; the said email message shall contain at least the Seller's acknowledgement of the receipt of the Order and its acceptance for execution, and the acknowledgement of the conclusion of a Contract of Sale. A Contract of Sale between the Customer and the Seller shall be concluded at the moment of the Customer's receipt of the abovementioned email message. A Contract of Sale is concluded for the period of its performance.
- Recording, securing and providing the Customer with the access to the Contract of Sale being concluded shall be effected by (1) making these Terms and Conditions available on the site of the Online Shop and (2) sending the Customer an email referred to in Section 3.3.2. hereof.
VIII METHODS AND TERMS OF PAYMENT
FOR THE SERVICE (SUBSCRIPTION)
- The Service Provider offers the User the possibility of using free services available within the Website and Application referred to in Chapter III of the Regulations, and also offers the purchase of access to paid services in the form of subscriptions:
- annual subscription - a fee charged once in advance, unblocks all available services for a period of 12 consecutive months;
- quarterly subscription - a fee charged once in advance, unblocks all available services for a period of 3 consecutive months
- monthly subscription - a fee charged once in advance, unblocks all available services for a period of 30 consecutive days
- The Service Provider may withdraw from charging the subscription fee by providing the User with a free code allowing the use of the Application as if the User had paid the subscription
- The current prices of individual subscriptions can be found in the "Paid services" tab.
- The subscription prices are gross amounts.
- Payments may be made only electronically, via the Google Play platforms and the Apple Store, in accordance with the rules applicable in the aforementioned platforms
- Responsibility for payment shall be borne by the operators handling the transactions within the scope provided for generally applicable law and their own regulations. The user should become acquainted with these regulations, in particular with the terms of sale and payment as well as the privacy policies of these operators.
- Under the subscriptions referred to in paragraph 1, the user also gets access to new services that appeared as part of the application updates.
- Purchase of the selected subscription is possible only for logged users who have registered.
THE METHODS AND TIME OF PAYMENT FOR A PRODUCT
- The Seller provides the Customer with currently available payment methods on the site of the Online Shop in the information tab concerning the payment methods.
- The settlements of transactions by electronic and card payments shall be carried out as per the Customer's choice via the Paypal.com or Dotpay.com services. Electronic and card payments are handled by:
com – the company PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th storey, 22-24 Boulevard Royal, L-2449, Luxembourg;
pl – Dotpay sp. z o.o., ul. Wielicka 72, 30-552 Kraków
- The time of payment: In case the Customer chooses electronic or card payment, the Customer shall make the payment promptly, not later than within 5 Working Days of the day of concluding the Contract of Sale.
IX THE COST, METHODS AND TIME OF THE DELIVERY AND RECEIPT OF A PRODUCT
- The delivery of a Product to the Customer is payable unless the Contract of Sale states otherwise. The cost of the delivery of a Product (including the fees for transport, shipping and postal services) shall be indicated to the Customer on the sites of the Online Shop in the information tab concerning the delivery cost and at the time of placing an Order, including the time of the Customer's expression of their will to be bound by the Contract of Sale
- Depending on the address to which a Product is to be delivered, the Seller provides the Customer with the following methods of the delivery or receipt of the Product: Courier Delivery or Delivery by Post.
- The time of the delivery of a Product to the Customer shall be indicated on the Website.
- The time of the delivery of a Product to the Customer shall consist of:
- the time of executing the order by the Seller – defined in Working Days - it is the time within which the Seller undertakes to prepare the goods for handing over to the Customer or for shipping the Product to the Customer; the Customer shall be notified by the Seller of the time of executing an Order in the Product card - and
- the time of the delivery of the Product - specified in Working Days - this is the time within which the Carrier will deliver the Product to the Customer. The Customer is notified of the time of the delivery of the Product in the Product card as well as in the tab "Shipment".
- The beginning of the time of the delivery of a Product to the Customer shall be calculated as follows: in case the Customer chooses electronic or card payment, the said time runs from the date of crediting the Seller's bank account or settlement account.
- The Seller reserves the right to split a single order into two or more shipments due to limitations on the size of shipments, which, however, shall not affect the delivery cost borne by the Customer.
- The Service Recipient may submit complaints regarding the Services provided as part of the Website and the Application, in particular their non-performance or improper performance
- Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the complaint procedure of the Product, which is indicated in point 6 of the Regulations) The Recipient may submit:
in writing in the form of a registered letter to the following address: Sportvestors Sp. z o.o., Migdałowa 4, 02-796 Warsaw
in electronic form via e-mail to the following address: firstname.lastname@example.org
- 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 irregularity; (2) the Customer's request; and (3) contact details of the complaining party - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
- A response to the complaint by the Service Provider shall take place immediately, not later than within 14 calendar days from the date of its submission.
- The Service Provider informs the Service Recipient at his request, in the form chosen by him, about the special risks related to the use of any services provided electronically.
- The basis and scope of the Seller's liability to the Customer in the event that a Product sold has a physical or legal defect (implied warranty) are stipulated in the universally applicable provisions of law, in particular in the Civil Code (in particular, Articles 556-576 of the Civil Code).
- The Seller shall be obliged to provide the Customer with a Product with no defects. Detailed information on the Seller's liability for defects of a Product as well as the rights of the Customer is specified on the site of the Online Shop in the information tab concerning complaints.
- A complaint may be filed by the Customer, for example:
in writing at the address: Sportvestors sp. z o.o., Migdałowa 4, 02-796 Warsaw;
in electronic form via email at the address: email@example.com.
- The Service User is recommended to provide the following data in the description of the complaint: (1) information and circumstances regarding the subject matter of the complaint, in particular the type and date of the occurrence of a defect; (2) the request of the method of making the Product compliant with the Contract of Sale or a declaration of withdrawal from the Contract of Sale; and (3) contact details of the person filing the complaint - this will facilitate and expedite the handling of the complaint by the Seller. The requirements specified in the preceding sentence have the form of recommendations only and shall not affect the effectiveness of complaints inconsistent with these recommendations.
- The Seller shall take a stance on a Customer's complaint promptly, but no later than within 14 calendar days of the date of its filing. In case the Seller fails to take a stance on the complaint within the above time limit, this shall mean that the Seller has recognised the complaint as justified.
- The Customer who exercises rights under implied warranty shall be obliged to deliver the defective Product at the Seller's cost to the address: Sportvestors sp. z o.o., Migdałowa 4, 02-796 Warsaw. If, due to the kind of a Product or the method of its installation, the delivery of the Product by the Customer would be overly difficult, the Customer shall be obliged to make the Product available to the Seller at the place where the Product is located.
XI OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AS WELL AS THE RULES OF THE ACCESS TO THESE PROCEDURES
- Detailed information on the possibilities available to a Customer/User being a consumer of using out-of-court methods of handling complaints and pursuing claims as well as the rules of the access to these procedures is accessible at the head offices and on the websites of District (Municipal) Consumer Advocates (rzecznik konsumentów), public organisations whose objects defined in their charters include the protection of consumer rights, Provincial Inspectorates of the Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej), as well as at the following Internet addresses of the Polish Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów): http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- If the Customer/User is a consumer, they shall have the following example possibilities of using out-of-court methods of handling complaints and pursuing claims:
- The Customer shall be entitled to apply to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2001 No. 4, item 25, as amended) requesting that the dispute arising from a Contract of Sale be resolved. The rules of the organisation and operation of permanent consumer arbitration courts are specified in the Regulation of the Minister of Justice of 25 September 2001 on Determining the Rules of the Organisation and Operation of Permanent Consumer Arbitration Courts (Journal Of Laws of 2001 No. 113, item 1214).
- The Customer shall be entitled to apply to the Provincial Inspector of the Trade Inspection in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2001 No. 4, item 25, as amended) requesting that mediation procedure be commenced with a view to resolving the dispute between the Customer and the Seller amicably. Information on the rules and mode of mediation procedure conducted by the Provincial Inspector of the Trade Inspection is available at the head offices and on the websites of particular Provincial Inspectorates of the Trade Inspection.
- The Customer may obtain free-of-charge assistance in resolving a dispute between the Customer and the Seller using the free-of-charge assistance of a District (Municipal) Consumer Advocate or a community organisation whose objects defined in their charter include the protection of consumers, including the Federation of Consumers (Federacja Konsumentów) and the Association of Polish Consumers (Stowarzyszenie Konsumentów Polskich). Advice is provided by the Federation of Consumers at the email address: firstname.lastname@example.org and by the Association of Polish Consumers at the free consumer helpline number: 800 889 866.
- An online platform for resolving disputes between consumers and entrepreneurs at the EU level is available at http://ec.europa.eu/consumers/odr(Link to another page) (the ODR platform). The ODR platform is an interactive and multilingual site with comprehensive integrated service point for consumers and entrepreneurs seeking to resolve a dispute concerning contractual obligations arising from an online contract of sale or a contract for the provision of services.
XII THE RIGHT TO WITHDRAW FROM A CONTRACT
- A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from the contract without stating the reason and bearing costs, except for the costs specified in Section 8.8 hereof. In order to meet the above time limit, it is sufficient to send the declaration before the expiry of the said time limit. A withdrawal declaration may be filed for instance:
- in writing at the address: Sportvestors sp. z o.o., Migdałowa 4, 02-796 Warsaw;
- in electronic form via email at the address: email@example.com.
- A sample withdrawal form can be found in Appendix 2 to the Act on Consumer Rights; it is also available in Section XVI of these Terms and Conditions and on the site of the Online Shop in the tab concerning withdrawal from a contract. A consumer may use the sample form; however, it is not mandatory.
- The time limit for withdrawal shall run:
- for a contract pursuant to which the Seller hands over a Product, being obliged to transfer its ownership (e.g. a Contract of Sale) – from taking the Product into possession by the consumer or a third party designated by the consumer other than the carrier; and in the case of a contract that: (1) includes many Products which are supplied separately, in portions or in parts – from taking the last Product, portion or part into possession, or (2) consists in a regular supply of Products for a fixed period - from taking the first of the Products into possession;
- for other contracts - from the day of concluding the contract.
- In the case of withdrawal from a distance contract, the contract shall be deemed not to have been concluded. The Seller promptly sends to the Customer an email acknowledging the receipt of the withdrawal declaration.
- The Seller/Service Provider shall promptly, not later than within 14 calendar days of the date of receiving the consumer's withdrawal declaration, refund all payments made by the consumer, including Product delivery costs (except for additional costs arising from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Online Shop). The Seller/Service Provider shall refund payments using the same payment method as the method used by the consumer unless the consumer has explicitly agreed on another method of refund which does not entail any cost for the consumer. If the Seller/Service Provider has not proposed that he will collect the Product from the consumer himself, he may refrain from the refund of the payments received from the consumer until he receives the Product back or the consumer provides him with a proof of sending it, depending on which event occurs first.
- Not later than within 14 calendar days of the day on which the consumer withdraws from a contract, the consumer shall be obliged to return the Product to the Seller or transfer it to a person authorised by the Seller to receive it unless the Seller has proposed that he will collect the Product himself. In order to meet the above time limit, it is sufficient to send the Product back before the expiry of the said time limit. The consumer may return the Product at the address: Sportvestors sp. z o.o., Migdałowa 4, 02-796 Warsaw.
- The consumer shall be liable for decrease in the value of the Product as a result of using it beyond what is necessary to identify the nature, characteristics and functioning of the Product.
- Possible costs associated with the consumer's withdrawal from a contract which the consumer shall be obliged to bear:
- If a consumer has chosen the method of the delivery of a Product other than the cheapest standard delivery method available in the Online Shop, the Seller shall not be obliged to refund the additional costs borne by the consumer.
- The consumer shall bear the direct costs of returning the Product.
- The right to withdraw from a distance contract shall not be vested in the consumer in respect of contracts for the provision of Electronic Services if the Seller has fully performed the service upon the explicit consent of the consumer who was informed before the commencement of the provision of the service that after the performance is rendered by the Seller, the consumer will lose the right to withdraw from the contract; for the delivery of digital content that is not recorded on a tangible medium if rendering the performance commenced upon the explicit consent of the consumer before the expiry of the time limit to withdraw from the contract and after the consumer being notified by the Seller of the loss of the right to withdraw from the contract.
XIII INTELLECTUAL PROPERTY
- The User is obliged to have all rights to the content posted on the Website and the Application, and their use must not constitute a violation of the law, the provisions of these Regulations or good manners.
- The Service Provider is entitled to delete content posted on the Website or Application by the User in the event that its wording, purpose, character or essence is inconsistent with the generally applicable laws, these Regulations or moral norms.
- When the User downloads the Application to his Mobile Device, the Service Provider grants the User a license to use the Application. The license is non-exclusive, non-transferable and unlimited territorially. The license to use the Application is free of charge.
- The license is granted for an indefinite period, however not longer than the term of the Agreement for the use of the Application.
- The license entitles you to use the Application on User's mobile devices without the right to sub-license, in the following fields of use:
- introduction to the memory (including RAM) of the mobile device,
- recording in the memory of the Mobile Device and displaying in this Mobile Device,
- temporary multiplication in the memory of the Mobile Device, necessary to use the Application,
- adaptation of the Application necessary to use it through the Mobile Device (hardware and software con fi guration).
- User's violation of the terms of the license entitles the Service Provider to terminate the Agreement with immediate effect.
XIV PERSONAL DATA PROTECTION
- In the case of Application Users, the Service Provider may save information about the connection parameters as IP addresses for technical purposes related to server administration and to collect general statistical demographic information (eg about the region from which the connection takes place) as well as for security purposes.
- Personal data collected by the Service Provider are processed in accordance with the provisions of the Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws of 2018 item 1000) and the Act of 18 July 2002 on the provision of electronic services ( Journal of Laws 2002 No. 144 item 1204, as amended) only on the basis of the authorization to process data and solely for the purpose of archiving or providing services provided electronically by the Service Provider and for other purposes specified in these Regulations.
- The Service Provider makes a special effort to protect the privacy and information provided to him, regarding the Users of the Website and the Mobile Application.
- The Service Provider selects and applies appropriate technical measures, including programming and organizational measures, ensuring protection of the data being processed, in particular secures data against their unauthorized access, disclosure, loss and destruction, unauthorized modification, as well as prior to their processing in violation of applicable law.
- Due to the voluntary nature of the User's provision of personal data, they have the right to access their personal data, correct them, and may ask the Service Provider to remove previously provided personal data from the data files maintained by the Service Provider, subject to the opinion next. The Service Provider may refuse to delete data if the User, by his previous behavior as part of using the Application, has violated the provisions of this document or applicable law, and the retention of data is necessary to clarify these circumstances and determine the User's liability.
- In the event of a change of the User's data that has an Account, the User, after logging in to the Mobile Application or the Website, may modify them.
- The application may use information about the location of the User and his or her individual identifier. In order to terminate the use of the indicated information by the Service Provider, the User should block access or remove the Application from his mobile device via the functionality available in the Mobile Device he uses.
XV FINAL PROVISIONS
- Agreements concluded via the Online Shop are concluded in the Polish and English language.
- Amendment to these Terms and Conditions:
- The Service Provider reserves the right to amend these Terms and Conditions for important reasons, i.e.: changes to changes to generally applicable laws that directly affect the content of these Regulations; issuing a decision or decision that directly affects the content of these Regulations by a court or a public administration authority; introducing new functionalities of the Website or Mobile Application; removing doubts or ambiguities of interpretation; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations; preventing violations of law or violations of these Regulations; conversion of the Service Provider (change of company, legal form, registration data, identification numbers, address data indicated in the Regulations); changes to payment and delivery methods - to the extent to which these changes affect the performance of the provisions of these Terms and Conditions.
- In the event that a contract of continuous nature has been concluded pursuant to these Terms and Conditions (for instance, providing the Electronic Service of the Account) the amended terms and conditions shall be binding on the Service User provided that the requirements specified in Articles 384 and 384 of the Civil Code have been met, i.e. the Service User/Consumer has been duly notified of the amendments and has not terminated the contract within 14 calendar days of the notification. If the amendment to these Terms and Conditions results in imposing any new fees or an increase in the current fees, a Service User /Consumer being a consumer shall be entitled to withdraw from the contract.
- In the event that a contract of nature other than continuous has been concluded pursuant to these Terms and Conditions (for instance, a Contract of Sale) amendments to these Terms and Conditions shall not violate in any way the rights of the Service Users/Customers/Consumers being consumers acquired before the day on which the amendments to these Terms and Conditions entered into force, in particular the amendments to these Terms and Conditions shall not affect the Orders already being placed or placed before as well as the Contracts of Sale which have been concluded, are being performed or have been performed.
- The application of the United Nations Convention on Contracts for the International Sale of Goods, made in Vienna on 11 April 1980, and the Convention on the Limitation Period in the International Sale of Goods, made in new York on 14 June 1974, shall be derogated from.
- Matters not regulated by these Terms and Conditions shall be governed by the universally binding provisions of Polish law, in particular: the Civil Code; the Act on Providing Services by Electronic Means of 18 July 2002 (Journal Of Laws of 2002 No. 144, item 1204, as amended); for Contracts of Sale concluded since 25 December 2014 with the Customers being consumers - the provisions of the Act on Consumer Rights of 30 May 2014 (Journal Of Laws of 2014, item 827, as amended); and other relevant provisions of the universally applicable law, subject to Section 9.6.
- The choice of Polish law shall not lead to depriving the consumer of protection granted to him in accordance with the provisions which may not be derogated from by agreement under the laws of the state in which the consumer has his habitual residence provided that the entrepreneur: (1) pursues his commercial or professional activities in the country where the consumer has his habitual residence, or (2) by any means, directs such activities to that country or to several countries including that country, and the contract falls within the scope of such activities.
- In accordance with Article 6(2) of the Rome I Regulation, the Seller/Service Provider hereby chooses Polish law to be applicable to contracts concluded with consumers, including Contracts of Sale, contracts for the provision of Electronic Services. Polish law implements Directive No. 2011/83/EU of October 2014, which unifies European legislation in respect of distance contracts, including contracts concluded via the Internet. The Service Provider shall respect the more favourable law applicable to consumers in accordance with the law of the consumer's habitual residence.
XVI A SAMPLE FORM OF WITHDRAWAL FROM A CONTRACT
(APPENDIX NO. 2 TO THE ACT ON CONSUMER RIGHTS)
A sample form of withdrawal from a contract
(this form shall be filled in and sent only in case the consumer desires to withdraw from a contract)
Sportvestors sp. z o.o. (private limited liability company) with its registered office in Warsaw at the address: Migdałowa 4, 02-796 Warsaw, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, the 13th Commercial Division of the National Court Register under the KRS No. (National Court Register No.): 709043, NIP No. (tax ID No.): 9512451779 and REGON No. (statistical ID No.): 368974814, having the share capital of PLN 10,700,
email address: firstname.lastname@example.org
– I/We(*) hereby inform(*) about my/our withdrawal from the contract for the sale of the following things(*) the contract for the supply of the following things(*) contract for the performance of a specific work which consists in making the following things(*)/ for the provision of the following service(*):
– The date of the contract(*)/receipt(*)
– The full name of the consumer(s)
– The address of the consumer(s)
– The signature of the consumer(s) (only if the form is sent in paper)
(*) Delete as appropriate.