TERMS AND CONDITIONS FOR THE
WWW.SPORTSENSE.CO ONLINE SHOP
“Safe Shop” (PL. „Bezpieczny Sklep”)
Certificate issued by the legalniewsieci.pl legal services website
- These Terms and Conditions shall govern all use of the online Shop at www.sportsense.co by all Users.
- The Terms and Conditions stated herein set forth: the type, scope and conditions of: rendering electronic services through www.sportsense.co; the conditions for the conclusion and termination of Product Sales Agreements as well as the conditions for complaints procedure.
- By using the Electronic Services available through the Shop, the User agrees to be legally bound and to abide by these Terms and Conditions.
- To all matters not settled herein the following provisions of Polish law shall apply:
- Act on Rendering Electronic Services of 18 July, 2002 (Dz. U. [Journal of Laws] No. 144, item 1204, as amended),
- Consumer Rights Act of 30 May 2014 (Dz. U. 2014, item 827),
- Act on Out-of-court Settlement of Consumer Disputes of 23 September 2016 (Dz. U. 2016, item 1823),
- 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.
DEFINITIONS FOR THESE TERMS AND CONDITIONS
- REGISTRATION FORM − shall refer to the electronic form available at www.sportsense.co required for Account registration.
- ORDER FORM – shall refer to the electronic form available at www.sportsense.co, required for Order placement.
- DISCUSSION FORUM – shall refer to an electronic service which offers a real-time exchange of views and information between Users. The Service Provider is the Forum Administrator and moderator.
- CALCULATOR – shall refer to an Electronic Service that allows the Users to calculate a specific value based on the data submitted by the User.
- CUSTOMER – shall refer to any User concluding a Sales Agreement with the Seller.
- CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.
- 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.
- NEWSLETTER – shall refer to the free subscription e-mail information service allowing Users to receive updates on the Products available via the Shop.
- PRODUCT – shall refer to any movables or services covered by a Sales Agreement concluded between the Customer and the Seller via the online Shop.
- TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
- SHOP − shall mean the Service Provider’s online Shop located at www.sportsense.co.
- SELLER, SERVICE PROVIDER – GLOBAL HEALTH DEPARTMENT POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, entered into the register of entrepreneurs kept by the District Court for Opole, 8th Commercial Division of the National Court Register KRS under KRS number: 0000637262, tax identification number NIP: 7543127458, statistical number REGON: 365402075, principal place of business and address for service: ul. Starodworska 1, 80-137 Gdańsk, Poland, share capital: 5 000 zł, email address: [email protected], telephone number: +48 660 161 166.
- SYSTEM OF REVIEWS – shall refer to an electronic service enabling Users to evaluate the processing and execution of the online Shop transactions.
- SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the Customer and the Seller through the Shop.
- ELECTRONIC SERVICES – shall refer to the services provided electronically by the Service Provider via the Shop.
- 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.
- ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with the Seller.
PRODUCT AND ORDER INFORMATION
- The www.sportsense.co online Shop conducts wholesale and retail sales via the Internet within the territory of Poland.
- Products offered through the Shop are brand new, free from physical or legal defects and have been legally introduced onto the Polish market.
- The information provided on the www.sportsense.co 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.
- The Product prices at www.sportsense.co are given in Polish zloty (PLN) and include all measurable costs, such as value added tax (VAT). The prices do not include delivery fees.
- The Product prices at www.sportsense.co only become binding when the Customer has placed an Order. This price is unaffected by any price changes once the Order has been placed.
- Orders can be placed:
- through the website 24 hours a day, 365 days a year by completing an Order Form at www.sportsense.co,
- via email at [email protected],
- via telephone: +48 660 161 166.
- The Customer is not required to register an Account to place an Order.
- Customers are required to read and acknowledge these Terms and Conditions before order placement.
- Orders are processed between: 8:00 and 16:00, Monday to Friday on Working Days. Orders placed after 12:00 on Working Days as well as Orders placed on a Saturday, Sunday or a public holiday shall be processed the next Working Day.
- 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.
CONCLUDING SALES AGREEMENTS
- 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.
- After placing a purchase Order, the Customer immediately receives an Order confirmation from the Seller.
- 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.
- The Order confirmation email shall include the following elements:
- confirmation of all relevant Order details,
- model statement of withdrawal from the agreement,
- these Terms and Conditions containing information on the right of withdrawal.
- After receiving the confirmation email, as set forth under point 4, the Sales Agreement between the Customer and the Seller is finally concluded.
- 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 package.
METHODS OF PAYMENT
- The following payment options are made available to the Customer:
- Traditional bank transfer to the Seller’s bank account,
- cash on delivery (COD),
- electronic payment (PayPal),
- cash payment on personal collection.
- Traditional bank transfers should be made into the following bank account: 53 1240 2223 1111 0010 7310 2187 (Bank PEKAO S.A.) GLOBAL HEALTH DEPARTMENT POLSKA SPÓŁKA Z O.O., tax identificatin numer NIP: 7543127458, ul. Starodworska 1, 80-137 Gdańsk, Poland. The customer should enter the following in the payment title: “Order no. ……” .
- In the case of cash on delivery payment, the Order is dispatched as soon as the Customer’s delivery address has been verified.
- 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.
- 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.
- In case of payments set forth under points 1.1 and 1.3 the Product shall be dispatched only after full payment is received by the Seller.
DELIVERY COST, TIME AND METHOD
- Delivery charges shall be stated at the time of ordering and are dependent upon the chosen payment and delivery method.
- 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.
- The order processing time takes from 1 to 5 Working Days.
- Products are delivered within 1 to 10 Working Days (deliveries are made on Working Days, excluding Saturday, Sunday and public holidays).
- All Products are sent via Poczta Polska (Polish Postal Service), parcel pick-up stations or a courier company (DHL, FedEx, Siódemka, DPD, UPS, GLS, Inpost, OCS, ETLogistik, TNT, K-EX).
- The Customer may personally collect the Product from the Seller by prior arrangement by email or telephone.
- Statutory warranty process.
- 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).
- Notice of a Product defect and all statutory warranty claims should be submitted via email to the following address: [email protected] or in writing to the following address: ul. Starodworska 1, 80-137 Gdańsk, Poland.
- 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.
- Where inspection is deemed necessary to determine the scope of the defect, the defective Product shall be returned to the following address: ul. Starodworska 1, 80-137 Gdańsk, Poland.
- All consumer Customer claims shall be reviewed promptly and, in any event, no later than within 14 days following the date of receipt.
- 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.
- A response to the claim is delivered to the Consumer on paper or other tangible medium.
RIGHT TO WITHDRAW
- 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.
- 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.
- In case of withdrawal from a Sales Agreement the Product should be sent to the following address: Vita Spółka Jawna, ul. Janusza Petera 2a, 22-600 Tomaszów Lubelski, Poland.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The right of withdrawal in any event does not apply to Sales Agreements for the supply of:
- 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.
- products delivered sealed, subsequently unsealed, which are not suitable for return for reasons of hygiene or health protection.
- perishable products or products with a short expiry date.
- 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.
TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS (B2B)
- The provisions of this chapter apply only to non-consumer (business) Customers
- The Seller reserves the right to cancel a non-consumer Sales Agreement within 14 Working Days of the date of the Agreement being concluded without giving any reason and without incurring any liability towards the business Customer.
- The Seller may limit the scope of payment methods made available to the business Customer regardless of the payment method chosen by the business Customer and the fact that the Sales Agreement has been concluded. The Seller may demand full or partial payment in advance.
- The risks and rewards of ownership including but not limited to the risk of loss of or damage to a Product shall pass to the business Customer upon shipment of the Product from the Seller. The Seller shall not be held liable for any damage, shortage or loss to the contents of the shipment that occurs after the carrier picks up the Product or for any delay in delivery.
- Business Customer is required to inspect his shipment for any loss, shortage or damage before accepting it from the carrier. If the business Customer believes any or part of the Product is missing, wrong or damaged he should take all measures necessary to establish the liability of the carrier.
- The Service Provider may terminate the Electronic Services Agreement with immediate effect and without giving any reason by sending a notice of termination to the non-consumer User.
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider grants access to the following Electronic Services:
- concluding Product Sales Agreements,
- managing the Website Account,
- System of Reviews,
- Using the Calculator,
- Using the Internet Game,
- Using the Discussion Forum.
- These Terms and Conditions shall apply to all Electronic Services provided through www.sportsense.co.
- The Service Provider reserves the right to display advertising content at www.sportsense.co. Advertisements are an integral part of the online Shop front and the materials presented therein.
CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
- The Electronic Services set forth under § 10 point 1 of these Terms and Conditions are free of charge.
- Term of the agreement:
- Electronic Services Agreements for Account management are concluded for an indefinite period of time.
- 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.
- Electronic Services Agreements for the provision of Newsletter is concluded for an indefinite period of time.
- 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.
- Electronic Services Agreements enabling the User to use the Calculator is concluded for a definite period of time and terminates when the User ceases to use the Service.
- Electronic Services Agreements enabling the User to use the Internet Game is concluded for a definite period of time and terminates when the User ceases to use the Service.
- Electronic Services Agreements enabling the User to use the Discussion Forum is concluded for a definite period of time and terminates when the User ceases to use the Service.
- End-user hardware, network and software requirements for the ICT system used by the Service Provider:
- a computer with an active Internet connection,
- email account,
- Internet browser,
- 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.
- The User is obliged to provide accurate and complete information to the Service Provider.
- User is prohibited from providing any unlawful or illegal content.
TERMS AND CONDITIONS FOR USE OF THE DISCUSSION FORUM
- The Service Provider as well as the Website administrators and moderators undertake to ensure that all content considered illegal is removed without delay.
- While using the Website Users are expected to rely on the principles of mutual respect and good manners.
- Discussion topics should be specifically related to the focus of the section in which they are posted.
- Views expressed on the Discussion Forum are the author’s own and do not represent the views of the Service Provider, the administrators and the moderators (except for the messages they generate themselves).
- It is strictly forbidden to submit information such as email addresses, www pages, telephone numbers as well as prices of products or services or other advertising content in posts or post titles.
- The User undertakes not to advertise goods, services, companies, unless this is done upon agreement with the Service Provider and upon the Service Provider’s consent.
- The User undertakes not to disclose personal data of any data subject without the data subject’s express consent, unless a specific regulation provides that a data subject’s personal information may be disclosed without the individual’s consent.
- The webmaster, the administrator and moderators of the Forum are authorized by the Service Provider to remove, change or close every thread or post at any time if it is determined necessary and to punish the author with a posting ban.
- In the event that the Service Provider becomes aware of a statement on the Website that violates or is suspected to violate the generally applicable provisions of law (specifically including statements which are defamatory to individuals or entities, inciting hatred, racism etc.), the Administrator shall inform relevant services and provide them with all necessary data, such as IP and email address.
COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES
- Complaints about Electronic Services provided via www.sportsense.co should be submitted via email to [email protected].
- 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.
- All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.
- A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.
CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
- Terminating an Electronic Services Agreement:
- Continuing and indefinite-term Electronic Services Agreements (e.g. Account management agreement) may be terminated.
- The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: [email protected]
- 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).
- The notice of termination leads to a cessation of legal relations with the effect for the future.
- The Electronic Services agreement may be terminated at any time by mutual agreement of the parties.
- The compilation of all content at www.sportsense.co (with the reservation of § 15 point 3 as well as the elements used under a license, assignment of copyrights or fair use) is the exclusive property of GLOBAL HEALTH DEPARTMENT POLSKA SPÓŁKA Z O.O., National Court Register KRS entry number: 0000637262, tax identification number NIP: 7543127458, statistical number REGON: 365402075, ul. Starodworska 1, 80-137 Gdańsk, Poland. The User shall bear all liability for damages resulting from their use of the content of the website www.sportsense.co without the consent of the Service Provider.
- Any use or reproduction of the content of the website www.sportsense.co 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.
- All trade names, Product names, company names or logos mentioned on www.sportsense.co 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.sportsense.co website are used for information purposes only.
- Agreements concluded through the Shop are construed in accordance with the laws of Poland.
- 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.
- 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.
- Judicial dispute settlement procedures:
- 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).
- Any disputes arising between the Service Provider and the non-consumer User shall be settled by a competent common court in Chełm, Poland.
- 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.
- Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/.