§ 1. GENERAL PROVISIONS
1.1. The owner of the online store operating at the Internet address https://armfight.eu/ (hereinafter the Website) is: Mazurenko Armwrestling Promotion Sp. z o. o., ul. Okrzei 18/7, 81 - 245 Gdynia, NIP 9581664277 / REGON 221994788. Hereinafter referred to as the Service Provider.
1.2. The Service Provider operates an online store through the Website (hereinafter referred to as the "Store", in which he offers the sale of goods and provision of electronic services.) The rules of using the Store are set out in these regulations (hereinafter referred to as the "Regulations"). Within the scope of electronic services, these Regulations are regulations as referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422, as amended).
1.3. The Store is a website through which the Service Provider sells goods via the Internet.
1.4. The purchaser of goods offered in the Store is an adult user of the Website who has placed the Order (hereinafter referred to as the "Customer").
1.5. The Customer, who is a natural person, who places an Order in the Store not directly related to his business or professional activity is hereinafter referred to as "Consumer".
1.6. Browsing the content of the Website does not require any data, in particular, the creation of an account on the Website.
1.7. The information on the goods available on the Website constitutes an invitation to enter into a contract within the meaning of Article 71 of the Civil Code.
1.8. Contact with the Service Provider is available by phone +48 (58) 621 93 08 from Monday to Friday from 8:00 am to 6:00 pm, and at the e-mail address email@example.com. Charge per call according to the operator's rate for the services used by the caller.
§ 2. GENERAL CONDITIONS OF SALE
2.1. The sale of goods by the Store takes place through the conclusion of a sales contract via the Internet. The sales contract is concluded by placing an order by the Customer and confirmation of its acceptance by the Service Provider.
2.2. The subject of the sales contract may be goods presented on the Website and included in the Store's offer at the time of placing the Order.
2.3. The prices of products in the Store's offer are gross prices in Polish zlotys - including VAT tax. If the given product price is a net price (does not include VAT), it is next to the price that it is a net price. The given prices do not include shipping costs, which are indicated at the time of placing the Order.
2.4. Orders placed by Consumers are carried out in accordance with prices on the day of placing the Order, displayed by the photo or description of the goods. The goods’ prices are retail prices and include all taxes. The prices are given in Polish zlotys. Orders placed by other non-Consumer Customers (in particular, including NIP, business data), are carried out at the prices indicated in the Order confirmation by the Store.
§ 3. ORDERS
3.1. An Order constitutes a declaration of intent made by the Customer using the Internet and the function of the Website to conclude a sales agreement for selected goods from among those currently available in the Store and presented on the Website, at a price representing the sum of the prices of selected goods and delivery costs.
3.2. The Order may be placed by the Customer via the Website, 24 hours a day, 7 days a week throughout the year.
3.3. The choice of goods for the Order is made by adding them to the shopping list - basket. The contents of the basket may be verified at any time.
3.4. After completing the addition of products to the basket, the Customer selects the "GO TO FORM" button and then chooses the address and decides whether he would like a VAT invoice and gives his consent to subscription. Then, after completing the shipping form, the Customer selects the "CHOOSE THE DELIVERY METHOD" button and chooses the delivery method. The Customer finishes placing the Order when one of the two payment buttons are clicked and the order charge is payed.
3.5. Until the approval of the product selection by clicking the " CHOOSE THE DELIVERY METHOD " button, the Customer has the option of making changes and modifications to the products in the basket, as well as to contact details for delivery or invoice.
3.6. The Service Provider, in the course of presenting the goods on the Website and the ordering process, but at the latest before clicking the payment method button by the Consumer (i.e. PayPal button or DotPay button), will inform the Consumer in a clear and understandable way about:
a) the main features of the service, including the goods,
b) its identifying information, in particular the name, address, telephone number of the company, the authority that registered the economic activity, as well as the number under which the entrepreneur was registered;
c) the address at which the Consumer may submit complaints;
d) the total price including all components, in particular taxes, delivery and postal charges as well as the method and date of payment;
e) the method and date of delivery of the Order and the complaint procedure;
f) costs of using a means of distance communication in order to conclude a contract, if they are higher than usually used for using this means of communication,
g) costs of returning goods, which are borne by the Consumer in the event of withdrawal from the contract;
h) the manner and time limit for exercise of the right to withdraw from the contract and the content of the withdrawal form and instructions on withdrawal from the contract;
i) the obligation to provide goods without defects;
j) the existence and content of guarantees and after-sales services and the manner of their implementation;
k) the possibility of using non-judicial means of dealing with complaints and redress as well as the rules of access to these procedures.
3.7. The Service Provider will confirm the Order placed by the Customer by indicating via the Website after selecting the "CHOOSE THE DELIVERY METHOD " button and separately in the e-mail message sent to the Customer's address, the Order data, in the form of:
a) data of the Service Provider, including the telephone number and e-mail address of the Service Provider;
b) Customer data;
c) the number of the Order;
d) list of goods being the subject of the Order, including unit prices;
e) the total gross amount and the chosen method and date of payment;
f) the total value of the Order, including all costs;
3.8. The Client, in the process of Order placement, may express the will to receive a fiscal receipt or VAT invoice, which may be attached to the delivery or sent electronically to the indicated e-mail address in the form of an electronic image of billing documents, in particular such as: VAT invoices with attachments, corrective VAT invoices with attachments and forms. This consent authorizes the Seller also to issue and send VAT invoices in electronic form, in accordance with art. 106n of the Act of March 11, 2004 on Value Added Tax (Journal of Laws of 2011, No. 177, item 1054, as amended).
3.9. Confirmation of placing the Order will contain a reference to the service enabling online payment.
3.10. The Store may contact the Customer by phone or email in connection with the submission or execution of the Order.
3.11. In the event of any inaccuracies in the content of the message confirming the acceptance of the Order, the Customer may contact the Store by email at firstname.lastname@example.org, mentioning the Order number in the message.
3.12. The Order will be delivered to the address indicated by the Customer in the Order.
3.13. The Service Provider is obliged to provide the Consumer with the Ordered Goods in a state free from defects. The Service Provider also sells goods with minor defects, but in this case, information about the defect and its description is always included in the description of such goods.
§ 4. PAYMENTS
4.1. The Customer can choose one of the following payment methods for the ordered products:
a) online payment via DotPay online payment system. (settlements with payment card and e-transfer are carried out via Dotpay.pl)
b) online payment via PayPal online payments.
4.2. The rules for making payments by customers via the DotPay System and the complaint procedure are available at http://www.dotpay.pl/. The use of payments via the online payment system requires prior acceptance by the Customer of the regulations of these services. The terms of providing these services are available in the link presented on the Website.
4.3. The Store does not sell or deliver cash on delivery.
§ 5. REALIZATION AND DELIVERY OF ORDERS
5.1. In the event of a lack of payment or confirmation of the Order by the Service Provider within 5 business days, the Order will be canceled by the Service Provider, about which the Customer will be notified via e-mail.
5.2. The implementation of the Order begins:
a) in case of Orders paid by bank transfer - after the funds are recorded on the Service Provider's bank account,
b) in case of online payments via the DotPay system - at the moment when the Customer receives an automatic e-mail with information about accepting the payment,
c) in case of online payment via PayPal - when the Customer receives an automatic e-mail with information about accepting the payment,
5.3. At the moment when all the goods ordered by the Customer are completed and ready for delivery, an e-mail is sent to complete the order. The Customer will receive the last message informing about the status of the Order, when the Order will be sent to the Customer.
5.4. If the Customer orders goods from the 'Tables' and / or 'Gym equipment' category, the Service Provider completes the ordered goods within 15 to 25 business days.
5.5. After sending to the Customer, the Orders are delivered:
a) Polish Post (Shipments in Poland): up to 2 business days
b) Polish Post (Shipments in Europe): up to 10 business days
c) Polish Post (Shipments outside Europe): up to 20 business days
d) Fedex courier - from 5 days to 30 business days (depending on the country)
e) GLS Courier - from 1 to 5 business days
5.6. Changes in the shipment, cancellation of the Order on the terms described in the Regulations are possible through contact with the Store at email@example.com
5.7. The Customer may withdraw the order only by e-mail to firstname.lastname@example.org. The customer cannot cancel orders that have already been sent (the Customer received a message about the shipment). The above does not exclude the Consumer's right to withdraw from the contract described in Par. 7 of the Regulations.
5.8. If there is no product or products covered by the Customer's order in the Store's warehouse and ordering them from the suppliers will not be possible within the time limit set for the Order, the Service Provider will inform the Customer about this fact by sending a message to the e-mail address provided by the Customer or by phone in order to suggest an alternative product, divide the Order into parts or cancel the Order in whole or in part.
5.9. In the event that the Customer does not agree to the realization of the Order with alternative products, the Order will be canceled in whole or in part in accordance with the Customer's choice.
5.10. If in the situation described in 5.7. and according to the Customer's choice, the Order will be divided, the Customer bears only the costs of delivering the first shipment. The costs of delivering the other shipments resulting from new Orders created as a result of dividing the original Order shall be borne by the Store.
5.11. Irrespective of the rights described above, in the absence of goods in the Store or the inability to fulfill the Customer's order, the Online Store has the right to withdraw from the contract within 30 (thirty) days from the date of its conclusion. If the expected date of the Order realization is longer than 30 (thirty) days, the Online Store has the right to withdraw from the contract within the time allowed for the execution of the order. If the payment for the goods has been made in advance - the Online Store will refund the payment to the Customer immediately after canceling the order.
5.12. If the Customer fails to make any decisions in situations referred to in 5.7, including if it is impossible to contact the Customer for reasons not attributable to the Service Provider, the Service Provider may perform within 30 days of the occurrence of the event its contractual right of withdrawal from the Order in its entirety.
5.13. In the event of cancellation of the Order in the situations described in connection with 5.7. with the Customer having already paid for the Order, the Service Provider will refund the paid amount (or parts thereof in the case of Order realization in parts), in accordance with generally applicable law.
§ 6. WITHDRAWAL FROM THE CONTRACT AND EXCHANGE OF GOODS
6.1. The Consumer may withdraw from the sales contract concluded via the Store's website, without giving a reason and without incurring costs except as described in this paragraph, submitting a relevant statement to the Service Provider within 14 days from the date of order fulfillment (the date of delivery of products to the address resulting from Orders). To meet the deadline, it is enough to send a statement of withdrawal from the contract, the template for which is available at https://armfight.eu, before the deadline: Mazurenko Armwrestling Promotion Sp. z o. o., Okrzei 18/7, 81 - 245 Gdynia or email email@example.com. The right to withdraw from the sales contract is not available to the Consumer in the cases specified in art. 38 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827). If the Order is delivered in batches (separately), the run of the 14-day deadline for withdrawal from the sales contract counts from taking possession (issue) of the last item from this Contract. Return form
6.2. In the event of withdrawal, the contract of sales is considered void and the Consumer will receive a refund of the amount paid for the purchased goods, and is obliged to return the goods delivered to him in an unaltered state, no later than within 14 days, to the address of the Service Provider: Mazurenko Armwrestling Promotion Sp. z o. o., Okrzei 18/7, 81 - 245 Gdynia. The cost of sending back the products to the Service Provider is borne by the Consumer. In the event of withdrawal from the sales contract, the Service Provider shall transfer the returned money immediately, but no later than within 14 days from the receipt of the Consumer's statement on the withdrawal from the sales contract.
6.3. The amount refunded to the Consumer is transferred to the account indicated by the Consumer in a statement of withdrawal from the sales contract in the case of cash payment upon delivery or to the bank account from which the Consumer has paid by online bank transfer.
6.4. Returned product must be unchanged. In particular, it cannot bear any signs of wear or damage. Failure to comply with the above recommendations will be the basis for non-consideration of the return.
§ 7. COMPLAINT CONDITIONS
7.1. The Service Provider is liable to the Customer for defects in the goods purchased by the Customer, within the scope specified in the Civil Code (Journal of Laws of 2014, item 121, as amended). The Service Provider is liable to the Customer if the sold goods have a physical or legal defect (warranty), where a physical defect is the incompatibility of the delivered products with the contract. The Customer has the right to file a complaint within 2 (two) years from the date of the delivery of the goods by the Service Provider.
7.2. Complaints should be submitted in writing to the address of the Service Provider. When submitting a complaint, it is necessary to provide the Service Provider with the goods under complaint with the proof of purchase attached and completed complaint form (complaint description, scope of complaint) to the following address: Mazurenko Armwrestling Promotion Sp. z o. o., Okrzei 18/7, 81 - 245 Gdynia. Complaint form
7.3. The Service Provider will consider the complaint within 14 days from the date of submitting the complaint and will inform the Customer about the manner of further proceedings.
7.4. If the complaint is considered justified, the Service Provider shall immediately replace the defective product with one free from defects or remove the defect. The above does not affect the possibility of the Customer demanding a price reduction or withdrawal from the contract if the defect is significant. The complaint will be processed within 14 days. If the item cannot be replaced, the defect removed or the price reduced, the Service Provider will refund the payment immediately in accordance with applicable law.
§ 8. PERSONAL DATA
8.1. The Service Provider, on the basis of the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2002 No. 101, item 926, as amended) in connection with the Act of 18 July 2002 on the provision of electronic services ( Journal of Laws of 2002 No. 144, item 1204, as amended) as the data controller is entitled to process the personal data of the Customers in order to use the service and enter into a contract (register an account, place and realize Orders); settlement of the contract (account), consideration of a complaint in the event of its submission by the Customer, explanation of the circumstances of unauthorized use of the service, as well as for archiving purposes.
8.2. Customers' personal data is processed also for direct marketing of the Service Provider's own products and services. The customer has the right to object to the processing of his data for marketing purposes. The buyer may agree to receive commercial information about the Service Provider or its partners by electronic means.
8.3. The scope of Customer's personal data processed is as follows: name, surname, e-mail address, home address, telephone number, contact telephone number.
8.4. In order to correctly resolve a complaint, the Customer should provide at least the following personal details: name, surname, street, house number, apartment number, contact telephone number.
8.5. In addition, the Service Provider processes operating data regarding the IP address of the Customer's device for technical purposes as well as for statistical purposes.
8.6. The Customer has the right to inspect their personal data and correct them, as well as to reasonably demand their removal.
8.7. Personal data are processed with technical and organizational measures ensuring protection of data processed in accordance with the requirements set out in the provisions on the protection of personal data, including the regulation of the Minister of Interior and Administration of 29 April 2004 on personal data processing documentation and technical and organizational conditions, which should be fulfilled by devices and IT systems used to process personal data (Journal of Laws No. 100, item 1024).
8.8. Providing the data is voluntary, but necessary to provide the service electronically and to perform the contract of sale, or to consider a complaint.
§ 9. FINAL PROVISIONS
9.1. In matters not covered by the Regulations, the provisions of Polish law shall apply, in particular - acts of 24 June 2014 on consumer rights (Journal of Laws of 2014, item 827), the Act of 23 April 1964 - Civil Code (Journal of Laws of 2014, item 121, as amended).
9.2. Any disputes arising between a Customer who is not a Consumer and the Service Provider will be settled by a court competent for the seat of the Service Provider.
9.3. All names of goods offered for sale by the Store are used for identification purposes and may be protected and reserved on the basis of the provisions of the Industrial Property Law Act, the Copyright and Related Rights Act.
9.4. These Regulations shall apply to Orders placed after March 15, 2016.
9.5. Correct use of the Website requires the use of an ICT system that meets the following requirements:
a) screen with a resolution of at least 1024 x 768 pixels;
b) access to the Internet;
c) Internet Explorer browser, Mozilla Firefox, Google Chrome, the latest version, with enabled cookies;
d) to receive e-mails - having an account and e-mail address.
9.6. The Service Provider reserves the right to temporary breaks in the functioning of the Website, however, the above shall not affect the implementation of confirmed Orders.
9.7. The Customer declares that the data provided by the Service Provider, in particular personal and company data, delivery address and correspondence, are true and complete. In the event of a change of data, the Customer is obliged to notify the Store about this fact by updating the data on the account established under the Registration.
9.8. The Service Provider may change the Regulations, subject to subsequent sentences. The change comes into force within 14 days from the date of posting on the Website of information about the change in the Regulations and notifying the registered Customers about its change via a message sent by e-mail. Using the Account by the Consumer requires the acceptance of the amended Regulations. Changes in the Regulations do not apply to the Orders placed with the Service Provider before its entry into force.
9.9. The Customer is obliged to comply with the prohibition of abuse of electronic communication means and providing by or to the Website the following content:
- causing or likely to cause improper operation or overloading,
- violating the rights of third parties, generally accepted social standards or in opposition to the generally applicable laws.
9.10. The Customer has the right to terminate at any time the contract for the provision of electronic services (account services on the Website) by deleting the account established during registration.
9.11. The Service Provider has the right to terminate the contract for the provision of electronic services at any time, with 14 days’ notice, which runs from the date of notification to the e-mail address indicated in the Account, for important reasons, for example in the event of cessation of business or Store operations; violation of the Regulations by the Customer, failure to accept the amended Regulations by the Consumer within 90 days of notification of the change.