Terms and conditions
Table of contents
- General provisions
- Electronic services in the online store
- Terms and conditions of concluding a sales contract
- Methods and terms of payment for the product
- Cost, ways and term of product delivery
- Product complaint
- Out-of-court ways of dealing with complaints and claims and the rules of access to these procedures
- Right of withdrawal from the contract
- Provisions concerning entrepreneurs
- Final provisions
- Model withdrawal form
SportgangShop.co.uk online store cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of a possible inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.
§1 General provisions
§2 Electronic services in the online store
The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.
Account – use of the Account is possible after the Service Recipient performs a total of two consecutive steps – (1) completing the Registration Form, (2) clicking the “Register” field. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: e-mail address and password.
The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: kontakt@sportgangshop.pl.
Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed when the Customer completes a total of two consecutive steps – (1) completing the Order Form and (2) clicking the “I confirm purchase” box on the Web Store page after completing the Order Form. – Up to this point, it is possible to modify the entered data on your own (for this purpose, you should be guided by the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house number/apartment, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number.
The Electronic Order Form Service is provided free of charge and has a one-time nature and is terminated at the time of placing an Order through it or at the time of earlier termination of placing an Order through it by the Customer.
Newsletter – use of the Newsletter takes place after providing in the “Newsletter” tab visible on the website of the Online Store the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the action field. It is also possible to sign up for the Newsletter by checking the appropriate checkbox when creating an Account – the moment the Account is created, the Customer is signed up for the Newsletter.
The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to: kontakt@sportgangshop.pl.
Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in the web browser.
The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.
Mode of complaint procedure:
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 Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions) Service Recipient may submit, for example:
in writing
in electronic form via e-mail
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 the irregularity; (2) the Client’s request; and (3) contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
§3 Terms and conditions of concluding a sales contract
The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.
The price of the Product shown on the website of the Online Store is given in Polish zloty and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as the costs of delivery (including transport, delivery and postal services fees) and other costs, and when the amount of these fees cannot be determined – the obligation to pay them, the Client is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Client’s will to be bound by the Sales Agreement.
Procedure for concluding a Sales Agreement in the Online Store using the Order Form.
The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order on the Online Store in accordance with item. 2.1.2 of the Terms and Conditions.
After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place through (1) making these Terms and Conditions available on the website of the Online Store, and (2) sending the Customer the e-mail message referred to in item 3.3.2. of the Terms and Conditions. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
§4 Methods and terms of payment for the product
The Seller provides the Customer with the following methods of payment for the Sales Agreement:
Payment by bank transfer to the Seller’s bank account.
Electronic payment and payment card payment through Payu.pl service.
Settlement of electronic payment and payment card transactions is carried out according to the Client’s choice through Payu.pl service.
Payment term:
If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement.
§5 Costs, methods and date of delivery of the product
Delivery of the Product is available on the territory of the Republic of Poland.
Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Client on the pages of the Online Shop in the information tab concerning delivery costs and during Order placement, including at the moment of expressing the Client’s will to be bound by the Sales Agreement.
The Seller provides the Customer with the following methods of delivery of the Product:
Postal delivery.
Courier delivery.
The term of delivery of the Product to the Customer is up to 4 Business Days, unless a shorter term is specified in the description of the Product or in the course of placing the Order. In the case of Products with different delivery terms, the delivery term is the longest specified term, which, however, cannot exceed 7 Business Days. The beginning of the deadline for delivery of the Product to the Customer is calculated as follows:
If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or checking account.
§6 Product complaint
The basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code. For Sales Agreements concluded until December 24, 2014, the basis and scope of the Seller’s liability towards the Customer who is a natural person, who acquires the Product for purposes not related to professional or business activity, for non-compliance of the Product with the Sales Agreement are defined by generally applicable laws, in particular the Act of July 27, 2002 on special conditions of consumer sales and amendments to the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).
The Seller is obliged to provide the Customer with the Product without defects.
A complaint may be submitted by the Customer, for example:
in writing
in electronic form via e-mail to kontakt@sportgangshop.pl.
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 defect; (2) a request for the method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
The Seller will respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, who is a consumer, has demanded replacement of the item or removal of the defect, or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 calendar days, it is considered that the Seller has recognized the demand as justified.
A customer who exercises warranty rights is obliged to deliver the defective product at his own expense to the address: SportganShop, Stanisława Wyspiańskiego 13 Street, 64-100 Leszno.
(7) Personalized products are not subject to complaint due to incorrectly selected size.
§7 Out-of-court ways of dealing with complaints and claims and rules of access to these procedures
Detailed information on the possibility for a customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.ph
There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court resolution of consumer disputes.
The consumer has the following examples of out-of-court means of dealing with complaints and claims: (1) an application for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector in charge of the Seller’s place of business); and (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline is open on Business Days, from 8:00 a.m. to 6:00 p.m., call charge at the operator’s tariff).
A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales contract or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection’s website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
§8 Right of withdrawal
A consumer who has entered into a remote contract may withdraw from it within 14 calendar days without stating a reason and without incurring costs, except for the costs specified in Section. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal from the contract may be made, for example:
in writing
in electronic form via e-mail
A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act
The period for withdrawal from the contract begins:
for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) – from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract that: (1) involves multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period – from taking possession of the first Product;
for other contracts – from the date of conclusion of the contract.
In the case of withdrawal from a contract concluded at a distance, the contract is considered not concluded.
The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer the payments made by him for the Product. The seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for him. In the case of payment by payment card, the Seller will make the refund to the bank account assigned to the payment card.
The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration.
The consumer is obliged to return new goods with the tag intact. A damaged or detached tag is not eligible for return.
The Consumer shall bear the direct costs of returning the Product.
9. personalized products are not returnable.
§9 Provisions for entrepreneurs
This section of the Terms and Conditions and the provisions contained herein apply only to Customers and Service Recipients who are not consumers.
The Seller has the right to withdraw from the Sales Agreement concluded with a Client who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
In the case of Clients who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Client and the fact of concluding a Sales Agreement.
At the moment of release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for the delay in transporting the shipment.
If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the Product during carriage, he is obliged to perform all actions necessary to determine the carrier’s liability.
In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product to the Customer who is not a consumer is limited to 1 year from the date of delivery of the Product to the Customer.
In the case of non-consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by sending a relevant statement to the Client.
The Service Provider’s/Seller’s liability to the Service Recipient/non-consumer Customer, regardless of its legal basis, is limited – both as a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The Service Provider/Seller shall be liable to the Service Recipient/non-consumer Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Service Recipient/non-consumer Customer.
Any disputes arising between the Vendor/Service Provider and the Client/Non-consumer Customer shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.
§10 Final provisions
Contracts concluded through the Online Store are concluded in the Polish language.
Change of Terms and Conditions:
The Service Provider reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in the law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
In the case of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Services – Account), the amended Regulations are binding for the Service Recipient, if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been correctly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. In the event that the amendment of the Regulations would result in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
In the case of conclusion of contracts other than continuous contracts (e.g. Sales Agreement) under these Terms and Conditions, the amendments to the Terms and Conditions will in no way affect the acquired rights of Service Recipients/Customers who are consumers prior to the effective date of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions will not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.
Matters not regulated by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers – the provisions of the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product of March 2, 2000 (Dz. U. 2000 No. 22, item 271 as amended) and the Act on Special Terms of Consumer Sales and Amendments to the Civil Code of July 27, 2002 (Dz.U. 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Consumer Rights Act; and other relevant provisions of generally applicable law.