§ 1 General provisions:
1. These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) define the rules of using the Online Shop available at www.sparringlove.com (hereinafter referred to as the “Online Shop”),
and in particular they regulate:
a) conditions for concluding and fulfilling sales agreements;
b) conditions for the provision of electronically supplied services;
c) the rules for consumers to exercise the right to withdraw from the agreement without providing a reason;
d) rules and procedure for complaint procedures.
2. Definition of terms used in the Terms and Conditions:
a) Online Shop – sales platform available at the Internet address www.sparringlove.com;
b) Service Provider, Seller, Data Administrator – Barbara Weichbrodt-Chlebowska, registered office: Borzęcin, ul. Słowicza 7, 83-000 Pruszcz Gdański, e-mail address: order@sparringglove.com NIP: 6040139339, REGON: 221168926
c) Customer – a person or organisational unit that uses the service provided electronically by the Service Provider, or a person or organisational unit that intends to conclude or has concluded a sales agreement with the Seller. A Customer of the Online Shop must meet the conditions set out in § 1.3 of the Terms and Conditions;
d) Consumer – a natural person who performs a legal transaction with an entrepreneur, not related directly to their business or professional activity;
e) Entrepreneur with Consumer Rights – a natural person concluding an agreement directly related to their business activity, when the content of this agreement shows that they do not have a professional nature for them, resulting in particular from the subject of their business activity, provided on the basis of the provisions on the Central Register and Information on Economic Activity;
f) Order – the will to conclude an agreement expressed by a Customer. Correct placing of an Order by the Customer results in receiving an e-mail confirming the receipt of the Order at the e-mail address provided when placing the Order;
g) Electronically Supplied Service – a free service consisting in providing Customers with an order form. In case of doubt, it shall be considered that Electronically Supplied Services include also all activities that the Service Provider shall perform in order to properly handle the process specified in the first sentence;
h) Price – the price that the Customer of the Online Shop shall be obliged to pay for the selected products in the event of concluding a sales agreement;
i) Delivery – entrusting the products intended for the Customer by the Seller to third parties for the purpose of their delivery. The Seller entrusts the delivery of their products only to specialised courier companies conducting professional business activities in this field;
j) Cart – an electronic form provided by the Service Provider in the Online Shop, by means of which the Customer selects products in order to place an Order;
3. Customers of the Online Shop include natural persons with full legal capacity, legal persons or organisational units not having legal personality granted legal capacity by the law. A natural person with limited legal capacity may also be a Customer of the Online Shop, provided this does not violate generally applicable law.
4. Orders are carried out in the country and abroad.
5. The cost of delivery and the time of order fulfilment to be delivered outside the country shall be agreed individually with the Seller when placing the order.
6. The Prices given in the Online Shop are expressed in Polish zlotys and are final for Customers. Prices do not include possible shipping costs, which depend on the method of payment and Delivery chosen by the Customer. The Customer is informed about the costs of Delivery when placing the Order.
7. If not clearly indicated in the commercial information, the goods presented in the Online Shop are new, and the Seller shall be the entity responsible for any physical and legal defects.
8. Commercial information posted in the Online Shop does not constitute an offer within the meaning of Art. 66 of the Civil Code, but they are an invitation to submit offers, even if this information includes the unit price for the goods.
§ 2 Provision of electronically supplied services:
1. As part of operating the Online Shop, the Service Provider undertakes to provide Services electronically to the extent and under the conditions specified in these Terms and Conditions.
2. The provision of Services by the Service Provider by electronic means is free of charge.
§ 3 Conclusion of sales agreement
1. In order to place an Order, the Customer should select products to put into the Cart, choose the Delivery method, choose the payment method and provide their contact details.
2. The activities indicated in § 3.1 are performed by the Customer using an interactive form. In the event of problems with placing an Order, the Customer is asked to contact the Seller.
3. When placing the Order, the Customer is obliged to provide truthful Data.
4. Before placing the Order, the Customer is obliged to confirm that they have read the Terms and Conditions.
5. The Order is placed when the “order with payment obligation” button or another button with an equivalent wording is clicked.
6. After receiving the Order through the Online Shop system, an automatic message shall be sent to the e-mail address provided by the Customer, confirming the receipt of the Order.
7. An order, the receipt of which has been confirmed by the Online Shop system (§3.6 of the Terms and Conditions), constitutes an offer within the meaning of Art. 66 § 1 of the Civil Code and is the basis for the conclusion of a sales agreement between the Customer and the Seller.
8. If the Seller decides to proceed with the Order, they shall confirm this fact by a separate e-mail.
9. A sales agreement is considered concluded when the Customer receives a message from the Seller confirming that they have started to fulfil the Order (the message referred to in § 3.8 of the Terms and Conditions).
§ 4 Payment, delivery, receipt
1. Payment:
a) For the performance of the sales agreement, the Customer is obliged to pay the Price for the goods indicated in the order and the possible cost of their Delivery.
b) Payment is made in the form chosen by the Customer. The available payment options are indicated on the Online Shop’s website.
2. Delivery:
a) The Customer selects the Delivery method from among the possible methods available on the Online Shop website;
b) The Delivery Time depends on the method of Delivery chosen by the Customer and should not exceed 7 business days from the conclusion of the sales agreement in accordance with § 3.8 of the Terms and Conditions.
3. Receipt of goods:
a) Customers have the right to check the condition of the shipment upon its delivery to the place indicated in the Order. The condition of the shipment may be checked before its collection from the carrier.
b) In the event that, before the shipment is delivered, it transpires that it has been damaged or some of its content has suffered a loss, the carrier is obliged to immediately determine and report the condition of the shipment and the circumstances of the damage. However, in most cases, the Carrier performs these activities at the request of the person authorised to collect
it.
§ 5 Personal data
1. Customers personal data are processed by the Data Administrator in order to fulfil sales agreements concluded as part of the Online Shop’s operations. Providing personal data is always voluntary, but necessary for the performance of a given agreement.
2. The Data Administrator requires only the personal data that are necessary for the proper performance of the agreement concluded as part of the Online Shop's operations. Personal data are processed in accordance with the provisions on the protection of personal data, in accordance with the implemented data protection policy, and are processed to the extent and for the purpose necessary to conclude, draw up the content of the agreement, amend or terminate it and correctly fulfil Services provided electronically.
3. The data administrator has introduced technical and organisational measures to protect the personal data provided by Customers against disclosure to unauthorised persons or entities.
4. Customers personal data may be transferred to:
a) A carrier or an intermediary, selected by the Customer, delivering shipments at the request of the Data Administrator – in the case of a Customer who uses the Delivery option in the Online Shop.
b) The entity selected by the Customer handling payments in the Online Shop – in the case of a Customer who uses the method of electronic payments or card payment in the Online Shop.
c) To the accounting company that performs tax settlements of the Online Shop – in the case of Customers who have concluded a sales agreement with the Data Administrator.
d) The company providing the software to operate the Online Shop or the company hosting the Online Shop, in terms of the operation and proper functioning of the Online Shop.
5. Entities indicated in § 5.4 receive only the data necessary for the proper
performance of the service.
6. The Data Administrator has the right to disclose the Customer's personal data to entities authorised under specific legal provisions (e.g. law
enforcement authorities).
7. Unless the law provides otherwise, the Data Administrator stores the Customer’s personal data for as long as it is necessary to achieve the purposes for which the above-mentioned data have been collected.
8. The Customer whose personal data are processed by the Data Administrator has the right to access the data, rectify, delete or limit their processing, the right to object, the right to transfer the data and the right
to lodge a complaint with the supervisory body, which is the Personal Data Protection Office.
9. The removal of personal data may occur as a result of the withdrawal of consent or filing a legally permitted objection to the processing of personal data.
10. The Data Administrator reserves the right to process personal data of Customers after termination of an agreement or withdrawal of consent only in the scope of pursuing possible claims in court or if national or EU regulations or international law oblige the Data Administrator to retain the
data.
11. Contact with the person supervising the processing of personal data is possible by e-mail at the following e-mail address:
order@sparringglove.com or by post to the address Barbara
Weichbrodt-Chlebowska Borzęcin, ul. Słowicza 7, 83-000 Pruszcz Gdański;
§ 6 Complaints
1. The Seller undertakes to deliver products free from physical and legal defects, unless the Seller indicates that the product is not of full value in the product description.
2. The Seller is responsible for the products sold under the terms of the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and other generally applicable laws. The rules of the Seller's liability towards Customers who are not Consumers are set out in § 8 of the Terms and Conditions.
3. If the product purchased by the Customer has a defect, the Seller should be notified of this fact. It is often reasonable to send the product under complaint to the Seller for examination.
4. It is recommended that the Customers, when submitting a complaint about the purchased product:
a) provide the Seller with information regarding the subject of the complaint, in particular, specify the type and date of the defect;
b) specify the request related to the complaint regarding the product (repair of the product, replacement of the product with a new one, price reduction, withdrawal from the agreement);
c) provide their contact data.
5. In the case of products also covered by the warranty, the rights in this respect should be exercised in accordance with the conditions set out in the warranty card. The warranty for the product sold does not exclude, limit or suspend the Customer’s rights under the Seller’s liability to the extent specified by the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
6. The Customer may also submit complaints related to the functioning of the Online Shop's website or the use of Services provided electronically.
7. The complaint is handled immediately, but not later than within 14 days. Complaints are considered individually.
8. The response to the complaint shall be sent to the e-mail address provided by the Customer or in another way indicated by the Customer.
9. In order to facilitate the complaint procedure, the Customer may use the complaint form provided by the Seller.
§ 7 Withdrawal from the agreement
1. The customer who is also a consumer within the meaning of Art. 22[1] of the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended), who concluded a distance contract, may withdraw from it without giving any reason by submitting a relevant statement within fourteen (14) days. To meet this deadline, it is enough to send a statement before its expiry. The statement may be sent to the e-mail address or physical address of the Online Shop.
1. The fourteen-day period during which the Consumer may withdraw
from the agreement is counted from:
a) taking the product into the possession by the Consumer or a third party designated by them, other than the carrier – in the event that the withdrawal relates to a sales agreement (exceptions to specifying the initial date in the sales agreement are indicated in points b) and c));
2. The Seller, immediately after receiving the declaration of withdrawal from the agreement, shall send an e-mail confirmation of receipt of the above-mentioned statements to the Consumer.
3. In the event of withdrawal from the agreement – the sales agreement or agreement for the provision of an Electronically Supplied Service, it is considered void. What the Parties provided shall be returned unchanged, unless the change was necessary to establish the nature, characteristics and functioning of the items, or § 7.7 of the Terms and Conditions shall apply. The return should be made immediately, not later than within fourteen days. Address to return:
Barbara Weichbrodt-Chlebowska
Borzęcin
ul. Słowicza 7
83-000 Pruszcz Gdański
Poland
4. The Seller shall refund the payments received from the Consumer using the same method of payment as used by the Consumer,
5. The Consumer bears only the direct costs of returning the items to the Seller.
6. If the Consumer has chosen a method of delivery other than the least expensive standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
7. The Consumer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
8. The right to withdraw from a distance agreement is not granted to a Consumer in relation to agreements:
a)
b) in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy their individual needs;
9. The provisions concerning the consumer contained in this section apply to a natural person concluding an agreement directly related to their business activity, when the content of this agreement shows that they do not have a professional nature for them, resulting in particular from the subject of their business activity, provided on the basis of the provisions on the Central Register and Information on Economic Activity.
§ 8 Regulations concerning the conclusion and performance of sales agreements with Customers who are entrepreneurs
1. The following regulations relate to the conclusion and fulfilment of sales agreements concluded with Customers who are entrepreneurs within the meaning of Art. 431 of the Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended), with the exception of entrepreneurs with consumer rights, i.e. natural persons concluding agreements directly related to their business activity, when the content of these agreements shows that they do not have a professional nature for them, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
2. The following regulations have priority over other provisions of the Terms and Conditions in relation to the Customers specified in § 8.1 of the Terms and Conditions.
3. In relation to the Customers specified in § 8.1 of the Terms and Conditions, the Seller has the right to limit the available forms of payment, as well as require prepayment in full or in a specific part. This right of the Seller is not limited by the prior choice of the payment method made by the Customer, referred to in § 8.1 of the Terms and Conditions.
4. The Seller has the right to withdraw from the sales agreement concluded with the Customer referred to in § 8.1 of the Terms and Conditions within 14 days from the date of its conclusion. The Seller’s withdrawal from the agreement does not give rise to any claims on the part of the Customer specified in § 8.1 of the Terms and Conditions, except for the reimbursement of actually made payments.
5. In the event of concluding a sales agreement with the Customer referred to in § 8.1 of the Terms and Conditions, the benefits and burdens related to the subject of the Order and the risk of accidental loss or damage to the shipment shall be transferred to the Carrier upon transferring the Order. The Seller is not responsible for delay in transport, full or partial loss or damage to the subject of the Order arising from the moment of handing over the subject of the Order to the Carrier.
6. The provisions concerning the warranty for sale in trade between entrepreneurs do not apply.
7. Any disputes arising between the Seller and the Customer indicated in § 8.1 of the Terms and Conditions shall be submitted to the court having jurisdiction over the registered office of the Seller.
§ 9 Additional information
1. In order to avoid possible discrepancies or errors, it is recommended that the device with which the Customer uses the Online Shop meets at least the following technical requirements that are necessary for cooperation with the ICT system used by the Service Provider:
a) A computer or mobile device with Internet access.
b) Updated web browser.
c) Monitor resolution 1280 x 800, colours 24 or 32 bit
d) E-mail account.
2. In matters not covered by these Terms and Conditions, the provisions of the law in force in the territory of the Republic of Poland, including the Civil Code, the Act of 18 July 2002 on provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended); the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827) and other relevant provisions of Polish law.
3. Changes to the Terms and Conditions:
a) The Service Provider reserves the right to amend the Terms and Conditions. Information about changes shall be clearly expressed by posting in the website of the Online Shop. In addition, the Customer shall be asked each time to accept the new Terms and Conditions before placing the Order.
b) Amendments to the Terms and Conditions shall not in any way infringe the rights acquired by Customers using the Online Shop before the changes come into force; in particular, they shall not affect placed and/or fulfilled Orders. In this case, these Orders shall be implemented on the terms set out in the previous Terms and Conditions.
4. The agreement for the sale of goods is concluded in accordance with Polish law and in Polish. In the case of foreign customers, the agreement is concluded in accordance with Polish regulations in English.
5. A Customer who is a Consumer, in the event of a dispute with the Seller, has the option of using out-of-court complaint and redress procedures. The Consumer may, among other:
a) apply to a permanent amicable consumer court operating at the Trade Inspection with a request to settle the dispute arising from the concluded Sales Agreement.
b) submit an application to the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding an amicable settlement of the dispute between the Customer and the Seller.
c) obtain free assistance in resolving a dispute between the Customer and the Seller, using the free assistance of a poviat (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
d) submit a complaint via the form available at the website address https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.hom
e.show&lng=PL . It is an EU platform for online dispute resolution between consumers and traders. This platform operates in all languages of the European Union and it may be utilised after using the complaint procedure with the Seller.