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Regulations of the fitsensei.pl online store

 

I. GENERAL INFORMATION

 

The seller and distributor of goods is:
BLOOM Ewa Olszewska-Bielak
Myśliwskie Wzgórze 15/13
80-283 Gdańsk
Poland

 

§ 1

General provisions

 

1. These Regulations are the regulations for the provision of electronic services in accordance with Art. 8 of the Act of 18 July 2003 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended).

2. The Regulations define the rules of the Store’s functioning, including the rules for placing orders for the products available in the Store: FIT SENSEI, available at the internet addresses: www.fitsensei.pl, www.fitsensei.eu.

FIT SENSEI online store, available at the addresses: www.fitsensei.pl, www.fitsensei.eu, is run by: Ewa Olszewska-Bielak who runs a business under the company:
BLOOM Ewa Olszewska-Bielak
Myśliwskie Wzgórze 15/13
80-283 Gdańsk
entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy.
VAT No PL9570767105, REGON 369549438.

3. Seller's contact details:
1) Seller's address: Myśliwskie Wzgórze 15/13, 80-283 Gdańsk.
2) Seller's e-mail address: contact@fitsensei.eu
3) Contact form (on the store page in the "Contact" tab).
4) Telephone number of the Seller: +48 720-229-292.
5) Seller's bank account numbers: Milenium Bank S.A. PL 21 1160 2202 0000 0003 4396 9507; PL 35 1160 2202 0000 0003 4550 5929
6) The Client may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
7) The Client may communicate by phone with the Seller between 8.00 - 16.00 from Monday to Friday.

4. These Regulations are addressed to both Consumers and Entrepreneurs and define the rules of using the services of the Online Store and the rules and procedure for concluding Sales Agreements with the Client at a distance via the Store.

5. Before use of services of the Store, please read the regulations carefully.

6. Order placement is equal to the acceptance of terms introduced in these regulations.

 

§ 2

Definitions

 

Consumer – a natural person who makes purchases in the Store in the scope not directly related to the person’s business or professional activity (pursuant to Art. 221 of the Act of 23 April 1964 of the Civil Code, Journal of Laws 2014, item 121, uniform text, as amended).

2. Seller - a natural person running a business under the name BLOOM Ewa-Olszewska-Bielak, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, VAT No PL9570767105, REGON 369549438.

3. Client - any entity making purchases in the Store.

4. Entrepreneur - a natural person, a legal person or an organizational unit, which is not a legal person whose legal capacity is granted by separate law, that is performing business activity on its own behalf and uses the Store

5. Shop - an online store run by the Seller under the internet addresses: www.fitsensei.pl and www.fitsensei.eu.

6. Sale agreement concluded at a distance – purchase-sale agreement concluded between the Client and the Seller, as a part of an organized system of concluding distance contracts (as part of the Store), without simultaneous physical presence of parties, using telematics systems provided by the Seller.

7. Regulations - present Regulations of the Store.

8. Order - Client's declaration of will placed by using the Order Form, indicating e.g.: type and quality of the Product available in the Store at the time of the Order, price, place of the Product’s delivery, Client’s data. The Order constitutes an offer to enter the agreement on the purchase of the Product of parameters expressed in the Order.

9. Account - collection of resources in the information and communication system of the Seller, which contains data provided by the Client and information about orders placed by Client in the store. This account is marked with an individual name (login) and password provided by the Client.

10. Registration form - a form available in the Store, enabling the creation of an Account.

11. Order form - an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and defining the terms of the Sales Agreement, including the method of delivery and payment.

12. Shopping Cart - an element of the Store's software in which the Products selected for purchase by the Client are shown; it is also possible to determine and modify the given Order, the quantity of products in particular.

13. Product - item available in the Store being the subject of the Sales Agreement between the Client and the Seller.

14. Sale Agreement – agreement on the sale of the Product within the meaning of the regulations of the Civil Code, concluded between the Seller and the Client, with the use of the Store’s website.

 

§ 3

Technical requirements

 

To use the Store, including browsing the Store's assortment and placing orders for Products, it is necessary to have:

a. device with an access to the Internet and a internet browser such as ex. Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari,
b. active e-mail address (e-mail),
c. enabled cookies files,
d. FlashPlayer installed.

 

§ 4

General information

 

1. The Seller, in the widest extent permitted by law, is not liable for any disruptions including interruption in the functioning of the Store caused by force majeure, unauthorized activity of third parties or incompatibility of the Online Store with the Client's technical infrastructure.

2 Store product browsing does not require creating an Account. Placing orders by the Client for Products in the Store is possible either after creating an Account in accordance with the provisions of § 5 of the Regulations or by providing the necessary personal and address data enabling the Order execution without creating an Account.

3. Prices given in the Store are gross prices (including VAT). Depending on the Client's choice and place of placing the order, they can be expressed in PLN or in EURO currency.

4. The final (terminal) amount to be paid by the Client consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), about which the Client is informed on the Store's pages during process of placing an order, also at the moment of expressing Client's will to be bound by the Sales Agreement.

5. In the case of the Agreement covering an indefinite period, the final (terminal) price is the total price including all payments for this period.

6. When the nature of the subject of the Agreement does not allow, reasonably evaluating, for the advance calculation of the final price, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs will be given individually at the request of a given client.

 

§ 5

Creating an Account

 

1. To create an Account in the Store, Client must complete the Registration Form. The Registration Form must be completed in a true and complete manner with the first name, last name, e-mail address, postal address, telephone number or in the case of an entrepreneur: company name, e-mail address, postal address, contact person, telephone number, tax identification number and password.

2. Registration in the Store and the use of the Store’s functionalities are free of charge.

3. Logging in to the Account takes place by entering the login and password set in the Registration Form.

4. The Client shall be able to delete an Account at any time without giving any reason and without incurring any fees, by sending an appropriate request to the Seller, in particular via electronic mail or by writing to the addresses provided in § 1.

 

§ 6

Placing orders

 

In order to place the Order:
1. log into the Store using Client's Account (optional); or to use the possibility to place the Order without registration, proceed as follows: indicate the Products available in the Store and then click option: "Add to cart";
2. press optional one of the buttons: "Continue shopping" or "Proceed to checkout";
3. after proceeding to checkout, Client may log in to the Account or use the option of placing the order as a guest (no registration);
4. if the option to place an Order without registration has been chosen – Client must fill in the Order Form and provide, in a complete and true manner the data of the Order’s recipient and the address where the Products are to be delivered, contact phone number, email address, the invoice data (if different from the recipient's details), and if the Client wants to get an invoice;
5. choose one of the available delivery methods;
6. choose one of the available payment methods and, depending on the method of payment, pay for the order within a specified period, subject to § 7 point 3.

 

§ 7

Available delivery and payments methods

 

1. The Client may use the following methods of delivery:
a. Courier delivery,
b. Courier COD (Cash on Delivery),
c. Parcel locker system delivery - Inpost Paczkomaty
d. International courier delivery.

2. The Client may use the following payment methods:
a. Cash on delivery,
b. Bank transfer to the Seller's account, available in EUR or PLN,
c. Electronic payments via tPay,
d. Credit card payment,
e. Electronic payments via Paypal.

3. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

4. The Seller issues and provides the fiscal document for the Client after the Order execution.

5. The Client making the purchase as an Entrepreneur for the purposes of his business declares that he is a VAT payer and authorizes the Seller to issue an invoice without the recipient's signature.

6. The Seller reserves the right to change the prices of all Products presented on the Store's websites, post information about new goods, carry out, change and cancel promotional campaigns and sales on the Store's websites. The Seller's entitlement referred to in the previous sentence does not affect orders placed before the effective date of changes in prices or conditions of promotional campaigns or sales. The Client will be informed by the Seller about the special conditions of promotional campaigns and sales. Promotions do not merge unless the terms of the promotion provide otherwise.

 

§ 8

Execution of a sales contract

 

1. Conclusion of the Sales Agreement between the Client and the Seller takes place after the Client has placed an Order using the Order Form in the Online Store in accordance with § 6 of the Regulations.

2. After placing the Order, an automatic e-mail will be sent to the e-mail address of the Client provided on the Client’s Account or during the process of Order placement for purchases without registration confirming that the Client’s Order placement is received by the Seller.

3. If the Client chooses:
a. payment by bank transfer, The Client is obliged to make the payment within 2 calendar days from the date of the Sale Agreement - otherwise the order will be canceled.
b. cash on delivery, the Client is obliged to make the payment upon delivery.

4. The product will be sent by the Seller within the time specified in its description (subject to point 5 of this paragraph), in the manner chosen by the Client when placing the Order.

5. In the case of orders of Products with different delivery times, the Client has the option to request delivery of Products in parts or delivery of all Products after completing the entire order. For this purpose, he must communicate with the Seller by email and, if necessary, incur additional delivery costs.

6. Products being ready for delivery counts as follows:
a. If the Client chooses the method of payment by bank transfer, electronic payment or payment card - from the date of recognition funds on the Seller's account.
b. If the Client chooses the method of payment on delivery - from the day of concluding the Sale Agreement.

7. In the case of ordering Products with different dates of readiness for collection, the Client has the option of receiving the Products in parts (according to their readiness for receipt) or collection of all Products after completing the entire order.

8. Products being ready for collection by the Client counts as follows:
a. If the Client chooses the method of payment by bank transfer, electronic payment or payment card - from the - from the date of recognition funds on the Seller's account;
b. If the Client chooses cash on delivery - from the date of the Sale Agreement.

9. We deliver products to Poland and selected European countries: Germany, Czech Republic, Slovakia, England, the Netherlands, France, Sweden, Austria and Hungary.

10. The delivery costs of the ordered Products  are borne by the Client and are added to the total value of the Order, unless the sales contract provides otherwise. The delivery costs are indicated every time in the Store, considering the carriers’ tariffs. The delivery costs (including charges for transport, delivery and postal services) are indicated to the Client also on the Online Store pages in the "Shipping cost and delivery" tab.

 

§ 9

Withdrawal from the Sale Agreement

 

1. In accordance with the Act on Consumer Rights of 20 May 2014, the Client being a Consumer has the right to withdraw from the Sale Agreement concluded with the Seller within 14 days, without a justified reason in this regard, by submitting suitable statement.

2. The time to withdraw from the Sale Agreement starts for the Sale Agreement for which the Seller forwards the product – from the moment when the Consumer, or other designated by the Consumer third party other than the carrier, takes possession of the product.

3. In case where the Sale Agreement covers many products which are provided separately, in batches, or in parts – from the moment when the Consumer takes possession of the last product, batch, or part.

4. In the case of the Agreement, which consists of regular delivery of Products for a specified period, the date specified in paragraph 1 runs from taking possession of the first item.

5. The condition to withdraw from the Sale Agreement, in accordance with the section 1 herein above, is to send the ordered Products back to the Seller’s address provided in § 1. The Product return should be performed immediately, not later than 14 days from the day of the Consumer’s withdrawal from the Sale Agreement. In order to meet the withdrawal deadline, it is sufficient to send the Products back to the Seller’s address before the deadline’s expiry. The costs for the ordered Products’ return to the Seller are borne by the Consumer.

6. The declaration of withdrawal may be sent by traditional mail or e-mail. The statement should be sent to the Seller's address - the Seller's contact details are specified in § 1.

7. In case of sending a statement by the Consumer electronically, the Seller shall immediately send the Consumer the confirmation of receipt of the statement on withdrawal from the Agreement provided by the Consumer.

8. The reimbursement of the amount due resulting from the withdrawal from the Sale Agreement (such as all payments made by the Consumer, including delivery costs, with the reservation of section 5 herein below) is performed using the same method of payment as the method used by the Consumer, unless the Consumer agrees to another method of reimbursement of the amount due, which does not generate any additional costs for the Consumer, immediately, not later than 14 days from the date when the statement concerning the withdrawal from the Sale Agreement is received. However, the Seller may suspend the reimbursement of payments received from the Consumer until the ordered Products are returned to the Seller, or until the proof of the Products’ dispatch is provided, whichever is the sooner.

9. If the Consumer chooses a method of the Products’ delivery other than the least expensive type of standard delivery offered by the Seller, the Seller is not obliged to reimburse additional costs borne by the Consumer.

10. In case of valid withdrawal from the Sale Agreement, the Sale Agreement is considered as not concluded.

11. The right to withdraw from the Sale Agreement is not entitled to the Consumer with respect to the Agreement:
a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,
b. in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
c. in which the object of the service is an item subject to rapid deterioration or having a short shelf-life,
d. for the provision of services, if the Seller has fully provided the service with the consent of the Client who has been informed before the provision, that after fulfilling the service by the Seller, he will lose the right to withdraw from the Agreement,
e. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawal from the Agreement,
f. in which the subject of the benefit are things that after delivery, due to their nature, are inseparably connected with other things,
g. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control,
h. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery,
i. for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement,
j. for delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline for withdrawal and after informing the Seller about the loss of the right to withdraw from the Agreement.

 

§ 10

Complaint and warranty

 

1. All products available in the Store are brand-new, free of physical and legal flaws.

2. The Seller is obliged to provide the customer with a product free from defects.

3. The Seller bears responsibility towards the Consumers for the flaws of the Products in accordance with the provisions of the Act of 23 April 1964 of the Civil Code and other generally applicable law regulations. In case of sales which are not consumer sales, in accordance with the Art. 558 item 1 of the Civil Code, the regulations of the Civil Code concerning the warranty are excluded.

4. Complaints concerning especially the Order’s execution and purchased Products, including the nonconformity of the Product with the Order, and also complaints concerning the Store’s provision of services by electronic means, should be reported via e-mail to the following address: contact@fitsensei.eu, or by letter to the Seller’s address provided in The Regulations.

5. It is recommended that the complaint includes concise description of the defect, circumstances (including date) of its occurrence, data of the Client submitting the complaint, and the Client's request in connection with the defect of the good.

6. The Seller will respond to the claim immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Client's request was considered justified.

7. Goods sent back as part of the complaint procedure should be sent to the address given in § 1 of these Regulations.

 

§ 11

Out-of-court complaint and claim procedures

 

1. Detailed information on the Consumer's possibilities of out-of-court settlement of complaints and rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivoidship Inspectorates of the Trade Inspection and the following Internet addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_individualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

2. The Consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints :
a. The Consumer has the right to request the permanent consumer arbitration court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148, as amended) to resolve the dispute resulting from the Sale Agreement concluded with the Seller.
b. The Consumer is entitled to apply to the provincial inspector of Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148 with later amendments), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
c. The Consumer can get free assistance in settling the dispute between him and the Seller, also using the free help of the county (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including Consumer Federation, Association of Polish Consumers) .

 

§ 12

Personal data in the Online Store

 

1. The Administrator of the personal data of Clients collected via the Online Store is the Seller.

2. Clients' personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Client agrees - also for marketing purposes.

3. The recipients of personal data of the Online Store's Clients may be:
a. In the case of a Client who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Client's personal data collected to a selected carrier or intermediary performing the shipment at the request of the Administrator.
b. In the case of a Client who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the collected personal data of the Client to the selected entity servicing the above payments in the Online Store.

4. Every Client has the right to access and update the data concerning the Client, and also has the right to demand the data removal. Personal data may be corrected or removed after logging into the Client’s Account or by a notification reported to the Seller.

5. Providing personal data is voluntary, but failure in providing the personal data specified in the Regulations which are necessary to conclude a Sales Agreement results in the inability to conclude this contract.

 

§ 13

Final Provisions

 

1. Contracts concluded via the Online Store are concluded in Polish and English.

2. The Seller reserves the right to make changes to the Regulations for important reasons, that is: changes in the law, changes in methods of payment and delivery - to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Client about each change at least 7 days in advance.

3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; Consumer Rights Act, the Act on the Protection of Personal Data.

4. The Client has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may lodge a complaint via the EU ODR online platform at:
http://ec.europa.eu/consumers/odr/