TERMS AND CONDITIONS OF THE WEBSTORE
I. Definitions
The terms used in the Regulations shall imply:
1. Customer - a natural person, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, who places an Order with the Webstore;
(2) Consumer - pursuant to Article 22[1] of the Civil Code implies a natural person making a legal transaction with a businessman, which is not directly related to his/her economic or professional activity.
3) Civil Code - the Act of 23 April 1964. (Journal of Laws No. 16, item 93 as amended);
4. Regulations - these Regulations specify the general terms and conditions of sales and rules for the delivery of services electronically by the Sportvida Webstore;
5. Webstore (Store) - Internet services available at http://sportvida.eu, that enable the Customer in particular to place Orders;
6. Goods - products presented in the Webstore;
7. Sales contract – a contract for the sale of goods under the Civil Code, concluded between Sportvida s.c. and the Customer, concluded via the Store of the Website;
8. Consumer Rights Act - Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827);
9. Act on providing services electronically - Act of 18 July 2002 on provision of services electronically (Journal of Laws No. 144, item 1204 as amended);
10. Order - Customer's declaration of will, aiming directly at entering into a sales contract , specifying in particular the type and number of Goods.
II. General Provisions
1 These Regulations set out the rules for the use of Webstore available at http://sportvida.eu/.
(2) These Regulations are the regulations referred to in Article 8 of the Act on Providing Services electronically.
3. Sportvida s.c. Webstore at http://sportvida.eu/, is operated by Sportvida s.c., Inwestycyjna 7B, 41-208, Sosnowiec, Tax Identification Number (NIP): 222-090-48-80, Business Identification Number (REGON): 368151372, entered in the Register of Entrepreneurs kept by the District Court Sosnowiec - Wschód, 8th Commercial Division of the National Court Register, under number 0000265431.
(4) These Regulations set out in particular:
- rules for registration and use of an account in the Webstore;
- terms and conditions for placing electronic Orders at the Webstore;
- sales contracting rules using the services provided by the Webstore .
5. Use of the Webstore is possible on condition that the ICT system used by the Customer complies with the following minimum technical requirements: Internet browser, JAVA
6. In order to use the Webstore, the Customer should himself/herself obtain access to a computer station or a terminal device with Internet access.
7. Under the applicable law Sportvida s.c. reserves the right to limit the delivery of services through the Webstore to persons over 18 years of age. In this case, potential customers will be notified of the above.
8. The Customers may access these Regulations at any time through the link on the home page of the website http://sportvida.eu/ and download and make a printout.
III. Operational rules of the Webstore
Registration in the Webstore is optional. The Customer may place an order without registration at the Webstore , after reading and accepting these Regulations.
Registration takes place by completing and accepting a registration form made available on one of the pages of our Webstore
Registration is conditional on agreeing to the Terms and Conditions and providing personal data ticked off as mandatory.
Sportvida s.c. may deprive the Customer of the right to use the Webstore, as well as restrict its access to some or all of the resources of the Webstore, with immediate effect, in the case of violation of the Regulations by the Customer, and in particular when the Customer:
- provided incorrect, inaccurate or out-dated data during registration in the Webstore, which is misleading or infringes the rights of third parties,
- has violated the personal rights of third parties via the Webstore, in particular the personal rights of other customers of the Webstore,
- engages in other behaviour, which will be considered by Sportvida s.c. as inconsistent with applicable law or general rules of using the Internet or harming the reputation of Sportvida s.c.
A person who has been deprived of the right to use the Webstore may not register again without prior consent from Sportvida s.c.
2. To ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Webstore takes technical and organisational measures appropriate to the degree of risk to the security of services provided, in particular measures to prevent unauthorised persons from obtaining and modifying personal data transferred on the Web .
(3) The customer is obliged in particular to:
- use the Webstore in a manner compliant with the provisions of the law in force in the Republic of Poland, the provisions of the Terms of Use, as well as with the general principles of using the Internet.
- not to provide or transmit content that is prohibited by law, e.g. content that promotes violence, is defamatory or infringes personal rights and other rights of third parties,
- use the Webstore in a manner not disruptive to its functioning, in particular through the use of specific software or devices,
- not to take actions such as: sending or posting unsolicited commercial information (spam) within the Webstore,
- use the Webstore in a manner not burdensome for other customers and Sportvida s.c,
- use any Webstore content only for your own personal use,
IV. Procedure for concluding the Sales Agreement
In order to conclude a Sales Agreement via the Webstore, it is necessary to enter the website http://sportvida.eu/ and make a selection of Goods by taking subsequent technical actions based on messages displayed to the Customer and information available on the website.
(2) The selection of the ordered Goods by the Customer is made by adding them to the basket.
In the course of placing the Order - until the moment of pressing the button confirming the Order placement - the Customer has the possibility of modifying the entered data and the selected Goods. For this purpose, the messages displayed to the Customer and information available on the website shall be followed.
(4) After the Customer has provided the Online Shop with all the necessary data, a summary of the Order shall be displayed. The summary of the Order shall include, inter alia, a description of the selected goods or services, the total price and all other costs.
In order to send an Order it is necessary to accept the content of the Regulations, provide personal data marked as obligatory and press the button confirming the Order.
6th Information about the Goods given on the websites of the Store constitute an offer within the meaning of Article 66 of the Civil Code. Sending an Order by the Customer is a statement of will to conclude a sales agreement with Sportvida s.c. Agreement for sale, in accordance with the Regulations.
The contract shall be deemed concluded at the moment the Customer's Order is entered into the IT system of the Webstore, provided that the Order complies with the Regulations.
After concluding the contract, the Customer receives an e-mail containing confirmation of all important elements of the Order.
7. The sales contract is concluded in Polish with the content compliant with the Regulations.
8. the Customers may access these Regulations at any time through the link on the home page of the website http://sportvida.eu/ and download and make a printout.
The order data and the General Terms and Conditions (Terms of Sale) are saved, secured and made available by e-mail. You can view your previous orders within your account after logging in.
V. Delivery
Delivery of the Goods is limited to the European Union and takes place to the address indicated by the Customer in the course of placing the Order.
2 The delivery of the ordered Goods is carried out via:
- Courier company
- Parcel machines
It is not possible to collect the goods ordered in our shop in person.
Delivery costs are: LINK. In addition, the delivery costs will be indicated at the time of placing the Order.
The delivery time is 1 working day if the order is placed before 12:00 p.m. or 2 working days if it is placed after 12:00 p.m. and is calculated from the day the Customer sends the Order.
VI. Prices and payment methods
1. the prices of the Goods are given in Polish zloty and include all components, including VAT, customs duties and any other components.
The customer has the option to pay the price:
- transfer
- PayU, BLIK
- Credit Card
You will be charged for your order when you make your payment on the bank's website.
VII. Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period shall expire 14 days from the day on which you acquire possession of the goods or on which a third party other than the carrier and indicated by you acquires possession of the goods.
To exercise your right of withdrawal, you must inform us (SPORTVIDA S.C., Inwestycyjna 7B, 41-208 Sosnowiec, store@sportvida.eu, Telephone: 605 434 014) of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail). You may use the model withdrawal form, but it is not obligatory. You may also complete and send your withdrawal form or any other unequivocal statement by e-mail.
To observe the withdrawal period, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the extra costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will reimburse you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We will collect the item. You will have to bear the direct costs of returning the goods. The cost of returning goods which cannot be sent back by post due to their nature is 250 PLN. You are only liable for any reduction in the value of the goods resulting from their use other than what is necessary to establish the nature, characteristics and functioning of the goods.
The consumer's right of withdrawal is excluded in the case of:
Contracts in which the subject matter of the supply is a non-reproduced item produced to the consumer's specifications or serving to satisfy his individual needs, e.g. printouts.
MODEL WITHDRAWAL FORM
(this form must be completed and returned only if you wish to withdraw from the contract)
- Address Sportvida S.C., Inwestycyjna 7B, 41-208 Sosnowiec, store@sportvida.eu., Telephone: +48 605 434 014
- I/We(*) hereby give notice(*) of my/our withdrawal from the contract of sale of the following goods(*) the contract for delivery of the following goods(*) the contract for workmanship of the following goods(*)/provision of the following service(*)
- Date of contract(*)/acceptance(*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if the form is sent on paper)
- Date
(*) Delete as appropriate.
VIII. Complaints concerning Goods
Applies to a Customer who is a Consumer:
We are obliged to deliver goods free from defects. The statutory liability for defects of the goods sold (warranty for defects) shall apply within the scope of Article 556 and Articles 556[1]-556[3] et seq. of the Civil Code.
Complaints can be made:
- in writing to the address: Sportvida s.c, Inwestycyjna 7B, 41-208 Sosnowiec.
- by e-mail to: store@sportvida.eu
- or by using the contact form available on the Shop website.
In the case of exercising warranty rights, if we consider it necessary to process the complaint, you are obliged to deliver the defective goods at our expense to the postal address indicated above. If, due to the nature of the goods or the way in which they are installed, delivery of the goods would be unreasonably difficult, you are obliged to make the goods available to us at the place where they are located. We are obliged to respond to the complaint immediately, no later than within 14 days of its submission.
We are liable under the warranty if a physical defect is discovered before the expiry of two years from the date on which the goods were handed over to you. If the goods are sold as second-hand movable property, the warranty period is one year from delivery.
When making a complaint, it is recommended (1) to provide information on the subject of the complaint, in particular, the type and date of occurrence of the defect; (2) to specify the request for the removal of the defect (replacement of the goods for a new one, repair of the goods, reduction of the price, withdrawal from the contract - if the defect is significant); and (3) to provide contact details of the complainant - this will facilitate and speed up the processing of the complaint by the Store. The recommendations specified in the previous sentence are only non-binding guidelines and in no way affect the effectiveness of complaints made without providing the recommended information.
Applies to a Customer who is not a Consumer at the same time:
In the case of a Sales Agreement concluded with a Customer who is not a Consumer at the same time, pursuant to Article 558 § 1 of the Civil Code, the liability of the Online Shop under warranty for defects in the Goods shall be excluded. This exclusion shall be ineffective in the case of malicious concealment of a defect by us
IX. Additional guarantees for the sale of Goods in the Webstore
Sportvida s.c. is a manufacturer of Goods available in the Store. Sportvida s.c. as the manufacturer provides additional warranty for the Goods it produces under the conditions and for the period specified in the warranty card accompanying the Goods. The guarantee granted by us does not exclude, limit or suspend the rights of the Customer resulting from the provisions on warranty for defects of goods sold (Section VIII of the Regulations).
X. Complaints concerning the provision of services electronically
1. Sportvida s.c. takes actions to ensure fully correct operation of the Webstore to the extent resulting from current technical knowledge and agrees to remove all irregularities reported by customers within a reasonable time.
Second Customer may notify us of any irregularities or interruptions in the operations of Webstore service. Irregularities in the functioning of the Webstore should be reported by e-mail to the following address: store@sportvida.eu.
(3) In the complaint concerning irregularities in the Webstore operations, please indicate the type and date of occurrence of irregularities.
(4) We undertake to respond to the complaint without delay, but no longer than within 14 days from its submission date.
XI. Out-of-court complaint and redress procedures
(1) We would like to advise you that out-of-court complaint and redress procedures may be used. Making use of them is voluntary and may take place only if both parties to the dispute express their consent to it.
- The consumer may apply for out-of-court settlement of consumer disputes concerning the concluded Sales Contract to the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25 as amended).
- A consumer may also apply for a dispute concerning a concluded Sales Contract to be settled by a regular court of arbitration operating at the relevant Regional Trade Inspection Inspectorate, pursuant to Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25 as amended).
- The European Commission also provides a platform for online dispute resolution between consumers and traders (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.
2. Detailed information on the resolution of consumer disputes, including an option for the Consumer to use out-of-court complaint handling procedure, claim investigation and the rules of access to these procedures are available in the headquarters and on the website of the provincial inspectorates of the Trade Inspection and at the website at the following address: https://uokik.gov.pl/spory_konsumenckie.php.
3. We inform that we undertake to use out-of-court resolution of disputes with Consumers within the meaning of the provisions of the Act of 23 September 2016 on out-of-court resolution of consumer disputes. The entity entitled to out-of-court dispute resolution between Sportvida s.c. and the Consumer is: Silesian Provincial Inspector of Commercial Inspection in Katowice available at: https://katowice.wiih.gov.pl/. The Consumer may file an application with this entity to instigate the procedure of out-of-court settlement of consumer disputes.
XII. Final Provisions
1. The court competent to settle the disputes with Consumers is the court with local jurisdiction under the applicable provisions of the Code of Civil Procedure.
2. Settlement of any disputes arising between Sportvida s.c. and a Customer who is not a Consumer is subject to the court having jurisdiction over our registered office.
3. Any matters not regulated by these Regulations, the provisions of the applicable law shall apply, in particular the provisions of the Act of 23 April 1964 called the Civil Code (consolidated text of Journal of Laws of 2014, item 121 as amended) and the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). In the event of any contradictions between these regulations and the rights of Customers and provisions arising from universally binding legislation, the universally binding provisions of Polish law shall prevail.