Polagra 2021 - Poznań - 2021-10-4/6

The consumer is entitled to save these regulations on a durable medium

1. DEFINITIONS.

1. REGISTRATION FORM: form for creating an Account.
2. ORDER FORM: a form that allows placing an Order.
3. CUSTOMER: a natural person with full legal capacity, and in the cases provided for by law, also a natural person with limited legal capacity.
4. ACCOUNT: a collection of resources marked with the individual name (login) and password provided by the Customer in the Store`s ICT system, in which the data provided by the Customer and information about Orders placed by him are collected.
5. NEWSLETTER: an electronic service that enables the Customer to receive from the Seller via electronic mail cyclical information, in particular about Products or events organized by the Seller.
6. SELLER: the seller, as well as the service provider and administrator of personal data is: FITNESS AUTHORITY Spółka z ograniczoną odpowiedzialnością with its registered office in Otomin (80-174) at ul. Konna 40, entered into the Register of Entrepreneurs of the National Court Register by the Gdańsk-Północ District Court in Gdańsk, VII Commercial Department of the National Court Register under the number KRS: 0000355208, having the numbers: NIP: 9571037001, REGON: 221006572, BDO: 000051133 (register of entities introducing products, packaging and waste management products), share capital in the amount of PLN 17,000,000.00. Telephone: 58-344-37-47 (payment as for a standard connection, according to the price list of the relevant operator), e-mail: sklep@fasklep.pl.
7. PRODUCT: a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
8. REGULATIONS: these regulations of the online store fasklep.pl.
9. ONLINE STORE: the online store belonging to the Seller at www.fasklep.pl.
10. SALE AGREEMENT: Product sales contract concluded between the Customer and the Seller via the Store.
11. ELECTRONIC SERVICE: a service provided electronically by the Seller to the Customer through the Store.
12. ORDER: Customer`s declaration of intent submitted via the Order Form and directly aiming at the conclusion of the Sales Agreement.

2. Personal data. Reference to privacy policy.

1. All issues related to the processing of personal data are regulated by the privacy policy available on the Store`s website.

3. ELECTRONIC SERVICES.

1. The following Electronic Services are available in the Store: Account, Order Form and Newsletter.
2. Using the Account is free and possible after completing a total of two consecutive steps by the Customer - (1) completing the Registration Form and (2) clicking the "Register Account" field. In the Registration Form, it is necessary for the Customer to provide personal data indicated during the process. The account is valid for an indefinite period. The Customer has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Seller.
3. The use of the Order Form begins when the Customer adds the first Product to the electronic basket. Placing an Order takes place after the Customer completes a total of two subsequent steps - (1) completing the Order Form and (2) clicking on the "Order with payment obligation" field. In the Order Form it is necessary to provide personal data indicated during the process. Using the Order Form is free and is of a one-off nature.
4. Using the Newsletter is free and takes place after the Customer completes a total of three consecutive steps - (1) providing in the "Newsletter" tab visible on the Store`s website the personal data indicated there, including the e-mail address to which the Newsletter is to be sent, ( 2) clicking the "Subscribe" field and (3) confirming the willingness to subscribe to the Newsletter by clicking the confirmation link sent automatically to the e-mail address provided. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account or placing an Order. The newsletter is sent to the Customer for an indefinite period. The customer has the option, at any time and without giving a reason, to unsubscribe from the newsletter (unsubscribe from the newsletter) by providing the e-mail address in the "Newsletter" tab and clicking the "Unsubscribe from the newsletter" or by sending an appropriate request to the Seller.
5. Technical requirements necessary for cooperation with the Store`s ICT system: (1) a multimedia device with Internet access; (2) access to electronic mail; (3) Internet 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, Microsoft Edge version 25.10586.0.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser.
6. The Customer is obliged to use the Store in a manner consistent with the law and decency while respecting the personal rights and copyrights and intellectual property of the Seller and third parties. The customer is obliged to enter data consistent with the facts. The customer is prohibited from providing unlawful content.

4. CONDITIONS FOR CONCLUDING THE SALE CONTRACT

1. The Sale Agreement is concluded after the Customer has placed the Order using the Order Form.
2. The Product price shown on the Store`s website is given in Polish zlotys and includes taxes. The customer is informed about the total price including taxes, as well as delivery costs and other costs when placing the Order.
3. The Sale Agreement is concluded after the Customer has placed the Order.
4. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation occurs by sending the Customer an appropriate e-mail to the e-mail address provided when placing the Order. The Seller`s message contains at least the Seller`s statement on receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon the receipt of the above e-mail by the Customer, a Sales Agreement is concluded.

5. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT

1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
2. Payment on delivery.
3. Payment in cash on personal pickup.
4. Payment by bank transfer to the Seller`s bank account.
5. If the Customer chooses cash payment on personal pickup, bank transfer, electronic payment or payment card payment, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement.
6. If the Customer chooses the payment on delivery on delivery, the Customer is obliged to make the payment on delivery.
7. The Seller may provide the Customer with other payment methods. These methods will be revealed during the Order submission procedure.

6. COST, METHODS AND DEADLINE FOR DELIVERY AND RECEIPT OF THE PRODUCT

1. Product delivery is available on the territory of the Republic of Poland.
2. Delivery is chargeable, unless the Sales Agreement provides otherwise. Delivery costs are indicated to the Customer on the Store`s website and while placing the Order.
3. Personal collection of the Product by the Customer is free.
4. The Seller provides the Customer with the following methods of delivery or receipt of the Product:
   1. Postal delivery, cash on delivery.
   2. Courier delivery, cash on delivery.
   3. Parcel machine (paczkomat).
5. The deadline for delivery of the Product to the Customer is up to 5 business days, unless a shorter period is given in the description of the given Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 5 business days. The start of the delivery period is calculated as follows:
   1. 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 settlement account;
   2. if the Customer chooses the method of payment on delivery - from the date of the Sale Agreement;
   3. if the Customer chooses personal collection, the Product will be ready for collection within 2 business days, unless a shorter period is given in the description of the given Product or when placing the Order. In the case of Products with different terms of readiness for collection, the term of readiness for collection is the longest period provided, which, however, cannot exceed 2 business days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the e-mail address provided by the Customer when placing the Order. The beginning of the product`s readiness for collection by the Customer counts as follows:
      1. 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 settlement account.
      2. if the Customer chooses the method of cash on delivery - from the date of the Sale Agreement.

7. CLAIMS.

1. A complaint may be submitted in any way, in particular by sending a letter or e-mail using the data of the Seller specified in point 1.6.
2. It is recommended that the Customer provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of non-compliance; (2) demanding how to bring the Product into compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant.
3. The Seller shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

8. EXTRAJUDICIAL WAYS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

1. Detailed information on the possibility for the Customer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
2. A contact point also operates at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or in writing: Plac Powstańców Warszawy 1, 00-030 Warsaw), whose the task is, inter alia, to assist consumers in matters relating to the out-of-court resolution of consumer disputes in writing to the following address: ul. Sołtysowska 1 Magazyn 17, 31-589 Kraków;
3. The consumer has the following examples of possibilities to use extrajudicial means of dealing with complaints and redress: (1) a request to settle a dispute to a permanent amicable consumer court (more information at: http://www.spsk.wiih.org.pl/) ; (2) a request for out-of-court resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail atady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (helpline open on Business Days between 8:00 and 18:00, connection fee according to the operator`s tariff).
4. At http://ec.europa.eu/consumers/odr there is a platform available for online dispute resolution between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract (more information on the platform`s website or at the Office of Competition and Consumer Protection`s website : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

9. RIGHT TO WITHDRAW FROM AN AGREEMENT.

1. The Customer may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the following costs. To meet the deadline, it is enough to send a statement before its expiry. A statement of withdrawal from the contract may be sent by letter or e-mail using the data of the Seller specified in point 1.6.
2. An example of a model withdrawal form is the Annex to the Regulations.
3. The Seller reserves the right to refuse to accept Products in individual cases, e.g. if a food product has been opened, i.e. an item delivered in a sealed package, which cannot be returned after opening for hygienic reasons (it was opened after delivery). The subject of the service was subject to rapid deterioration (having a short shelf life and it was clear information at the time of purchase). Returned clothing shows signs of use, no original tags attached.
4. The Seller indicates the following costs that the Customer may incur in the event of withdrawal from the contract:
   1. delivery cost other than the cheapest regular delivery method available in the store,
   2. the cost of delivery of the returned Product to the Seller.

10. FINAL PROVISIONS

1. Agreements concluded through the Store are in Polish.
2. The Seller reserves the right to amend the Regulations at any time. Amendments to the Regulations come into force within 14 days of their publication in the Store. Agreements concluded before the entry into force of amendments to the Regulations shall apply the previous provisions, unless the new Regulations are more favorable to the Customer. The Customer may withdraw from the Agreement if he does not agree with the provisions of the new Regulations, but this entitlement expires after 14 days from the date of entry into force of the new Regulations.

Please be advised that your data received by e-mail correspondence - both ordered and unsolicited, are processed in order to respond or send mailings to persons who have consented to it, respecting adequate legal provisions.

Please be advised that by sending us correspondence, you consent to the processing of your personal data in the scope and scope specified in this correspondence. With regard to the personal data sent to us, depending on the legal basis, we become their administrator or processor.

Each of you has the right to: information about the status of your data, rectify your data, delete your data, limit the processing of your data, transfer your data. We reserve the right to delete your data without further information if you receive unsolicited or unauthorized correspondence or in the absence of a legitimate purpose for processing. The administrator appointed the Personal Data Inspector - mail: ido@fitnessauthority.pl

The administrator of your personal data is FITNESS AUTHORITY Sp. z o.o. District Court Gdańsk-Północ in Gdańsk, KRS: 000355208, NIP: 9571037001, entity entered into the register of entities introducing products, products in packaging and waste management under BDO number: 000051133. Your data will be stored for 3 years, after this time will be archived for 2 years, and then they will be permanently removed, unless the contract, substantive premises (eg limitation periods) or legal provisions specify different periods of processing.

At the same time, we would like to inform you that persons who send correspondence from the "fitnessauthority.pl" domain agree to the processing of their data, to the extent that they have been provided in the footer of an e-mail with an e-mail address only for correspondence. The processing takes place in secure systems of maintaining the e-mail infrastructure and website, on computers` disks of persons authorized to conduct correspondence - in e-mail boxes with the domain "fitnessauthority.pl", and also in the form of printouts as files of conducted cases.

Your personal data will be processed with appropriate security measures that meet the requirements of generally applicable Polish and EU law. The legal basis for the processing of your personal data, depending on the subject of correspondence, may be art. 6 par. 1 lit. a), b), c) or f) of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27/04/2016. Pursuant to Art. 6 par. 1 lit. f RODO inform you that your personal data, provided to us via our website / contact form or in any other way (handing over your business card, sending an e-mail, telephone contact), is collected, processed and stored for correspondence with you and in the purpose for which they were made available to us. Personal data may be disclosed to employees or co-workers, as well as to entities providing support on the basis of outsourced services and in accordance with the entrustment agreements.

We also inform you that your personal data will not be processed in an automated manner and will not be profiled. You have the right to access your personal data, the right to rectify, delete, limit processing, the right to transfer data or to object to their processing. Providing data is voluntary, but necessary to achieve the above objectives.