Terms & Conditions
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
1. The Regulations define the terms and conditions for the provision of electronic services, including the use of the Store, as well as the rights, obligations and conditions of liability of the Seller and the Customer. The Regulations also contain information that the Seller is obliged to provide to the Consumer in accordance with applicable regulations, including the Act of 30 May 2014 on consumer rights (Journal of Laws 2017.683, i.e. as amended).
2. Every Customer should read the Regulations.
3. The Regulations are available on the Store's website and are available free of charge also before the conclusion of the contract. At the request of the Customer, the Regulations are also made available in such a way that allows the acquisition, reproduction and recording of its content using the ICT system used by the Customer (e.g. by email).
4. Basic definitions:
- Seller: F.P.H.U Przemysław Barcic, ul. Zielona 7, 32-400 Myślenice, Poland, NIP 8132964182, REGON 384803537, entered in the Central Register and Information on Economic Activity.
- Customer: a natural person who is at least 18 years old and has full legal capacity, a legal person and an organizational unit without legal personality, but who can acquire rights and incur obligations on their own behalf, who will establish a legal relationship with the Seller in the scope of the Store's activities. The Customer is also a Consumer if there are no separate provisions in relation to the Consumer in a given issue;
- Consumer: A customer who is a natural person making a legal transaction (purchase) with the Seller, not directly related to his business or professional activity;
- Electronic Service - a service within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2017.1219 as amended), provided electronically by the Seller to the Customer via the Website;
- Store or Online Store, or Service: Electronic service, Online Store run by the Seller at the address https://gymrussells.com, under which the Customer concludes a distance sales contract, the parties are informed about the sale by e-mail generated automatically, and the performance of the contract (in particular the delivery of the Good) takes place outside the Internet;
- Account - Electronic Service, marked with an individual name (login) and password provided by the Customer, a set of resources in the Seller's ICT system, in which the data provided by the Customer and information about activities within the Store are collected;
- Goods or Product - goods sold in the Store, included in the Seller's offer;
- Agreement - a distance agreement regarding the purchase of Goods, concluded as a result of the Customer placing an Order in the Store and its acceptance by the Seller;
- Form - a script that is an electronic means of communication that allows you to place an Order in the Store or perform other activities in the Store;
- Order - an instruction to purchase a Good made by the Customer using technical communication means;
- Newsletter - Electronic Service, electronic distribution service provided by the Seller via electronic mail (e-mail), which allows all customers using it to automatically receive cyclical messages (newsletters) from the Seller, containing information about the Website, including new products or promotions in the shop.
- Force Majeure - shall mean an event that is sudden, unforeseeable and independent of the will of the parties, preventing the performance of the agreement in whole or in part, either in whole or in part, or for a certain period of time, which could not have been prevented or counteracted with due diligence (e. g. war, strikes, redundancies, shortages of raw materials or energy supplies, disturbances in the functioning of factories, road blockades, extraordinary natural phenomena, epidemics , states of emergency).
CHAPTER 2. BASIC AND TECHNICAL INFORMATION
1. Seller details to contact the customer: address [ul. Zielona 7, 32-400 Myślenice, Poland], e-mail address [email@example.com], phone number 
2. The Seller offers the following types of Electronic Services:
- Online Store,
3. The Seller provides Electronic Services in accordance with the Regulations.
4. The technical condition of using the Store is the Customer's possession of a computer or other devices enabling browsing the Internet, appropriate software (including a web browser), Internet access and a current and active email account.
5. The Customer is prohibited from providing illegal content.
6. Using the Store may be associated with threats typical of Internet use, such as spam, viruses, hacker attacks. The seller undertakes actions to counteract these threats. The Seller indicates that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining or modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats, including antivirus and identity protection programs using the Internet.
7. Conclusion of the contract for the provision of Electronic Services takes place by the Store, via the Internet. The Customer may at any time terminate the use of Electronic Services by leaving the Store or by deleting the Customer's account. In this case, the contract for the provision of Electronic Services is automatically terminated without the need for additional statements by the parties. It is not possible to use the Store anonymously or using a nickname.
8. The Seller may - apart from other cases resulting from legal provisions - process the following personal data of the Customer necessary to establish, shape the content, amend or terminate the contract:
1) Customer surname and first names;
2) permanent address of residence;
3) correspondence address, if different from the residential address;
4) Customer's e-mail addresses;
5) telephone number;
6) company name and tax identification
9. The Seller may process, with the consent of the Customer and for the purposes of advertising, market research and customer behavior and preferences, with the purpose of the results of these studies for the purpose of improving the quality of services provided by the Seller, other data concerning the Customer that are not necessary to provide the service by electronic means.
CHAPTER 3.PERSONAL DATA
1. Seller processes personal data provided by customers in accordance with applicable law, including in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on free flow such data and repealing Directive 95/46 / EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, hereinafter: "Regulation"). In particular:
2. the Seller ensures that these data are:
- processed in accordance with the law,
- fairly and transparently for Customers and other data subjects;
- collected for specific, explicit and legitimate purposes and not further processed in a way incompatible with those purposes;
- adequate, relevant and limited to what is necessary for the purposes for which they are processed;
- correct and updated as necessary;
- stored in a form that enables identification of the data subject for no longer than is necessary for the purposes for which the data are processed;
- processed in a way that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organizational measures.
3. The Seller applies appropriate technical and organizational measures to ensure the protection of personal data processed appropriate to the nature, scope, context and purposes of processing as well as the risk of violation of the rights or freedoms of natural persons; The seller provides access to personal data and the exercise of other rights to customers and other data subjects in accordance with applicable law.
4. The basis for the processing of personal data is the consent of the Clients or the occurrence of another condition authorizing the processing of personal data according to the Regulation.
5. The Seller guarantees the exercise of the rights of persons whose personal data are processed under the rules arising from the relevant provisions, including those entitled:
- the right to withdraw consent regarding the processing of personal data;
- the right to information regarding their personal data;
- the right to control data processing, including their supplementation, updating, rectification, deletion;
- the right to object to processing or to limit processing;
- the right to lodge a complaint with a supervisory authority and use other legal means to protect your rights.
6. A person having access to personal data processes them only on the basis of the Seller's authorization or the contract for entrusting the processing of personal data and only on the instructions of the Seller.
7. The Seller ensures that he does not disclose personal data to entities other than those authorized under the applicable law, unless required by European Union law or Polish law.
8. In connection with business activities, the Seller uses the services of other entities, including for the purpose of performing contracts. Personal data may be transferred to:
- a hosting company,
- providers of the software, which is used to operate the Store,
- internet service providers,
- courier or postal service providers,
- electronic payment platform providers,
- invoice issuing software providers,
- entities providing accounting or legal services.
CHAPTER 4. ADDITIONAL INFORMATION
1. Account registration on the Store's website is free and requires the following actions: The customer should complete the registration form providing specific data and making statements regarding the acceptance of the Regulations, processing personal data, and providing commercial information. A link to verify the Account will be sent to the Customer's email address provided by him during the Account registration process. Logging in to the Account consists of providing the login and password set by the Customer. The password is confidential and should not be shared with anyone.
2. The account allows the Customer to enter or modify data, make or check Orders and view the history of Orders.
3. The Electronic Account service is provided free of charge for an indefinite period.
4. The Customer may at any time terminate the Account in the Store by sending an appropriate request to the Seller by email to the following e-mail address: firstname.lastname@example.org or in writing to the postal address: ul.Zielona 7, 32-400 Myślenice, Poland.
1. The Newsletter service aims to provide the customer with the ordered information.
2. The use of the Newsletter does not require registration of the Account by the Customer, but requires providing an email address and making statements regarding the acceptance of the Regulations, processing personal data, and providing commercial information.
3. A link confirming the subscription to the Newsletter will be sent to the e-mail address of the Customer.
4. The Newsletter Electronic Service is provided free of charge for an indefinite period.
5. The Customer may at any time unsubscribe from the Newsletter by sending an appropriate request to the Seller by e-mail to the following address: email@example.com or in writing to the postal address: ul.Zielona 7, 32-400 Myślenice, Poland. or via the link at the bottom of the newsletter.
CHAPTER 5. RULES OF SALE
§ 1. Goods.
1. All Products offered in the Store are new and have no defects.
2. A detailed description of the Good is on the Store's website. The Goods may be granted a warranty or after-sales services. Detailed information in this respect is provided in the description of the Good.
§ 2. Orders and delivery.
1. An order may be placed by completing the Form available in the Store.
2. Orders can be placed after registering an Account in the Store or without registering an Account in the Store (guest purchases).
3. The Customer is obliged to carefully fill out the Form, providing all data in accordance with the facts and specifying the chosen method of payment and delivery.
4. The Customer provides data in the Form and makes statements regarding acceptance of the Regulations, processing of personal data, and providing commercial information.
5. Orders in the Store can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or public holidays are processed the next business day.
6. Confirmation of placing the Order is made by the Customer by selecting the button (field) marked "order with the obligation to pay". The Seller will send the Order confirmation to the e-mail address provided by the Customer.
7. The delivery time (i.e. until the date of dispatch of the Good) is up to 14 business days.
8. In the event of a request to document the transaction in the form of a VAT invoice, the Customer provides the necessary data, and the Customer's tax identification number for the invoice should be made no later than when placing the Order. The seller is not responsible for providing incorrect or incomplete data, including the tax identification number, by the customer.
9. In the event of inability to complete the order, which may be due to force majeure or other reasons, the Seller undertakes to immediately inform the Customer via e-mail or by phone. In this case, the Consumer may resign from the performance of the contract, and the Seller will refund the amounts paid by the Consumer. In other cases, the performance of the contract is postponed by the duration of the obstacle.
§ 3. Payments.
1. All prices of Goods provided in the Store are gross prices in Polish zlotys (prices include VAT). The price of the Good does not include the costs mentioned in point 2, below.
2. The price of the Good given when the Customer places the Order is binding on both parties. The costs associated with the delivery of the Goods (e.g. transport, delivery, postal services) and any other costs shall be borne by the Customer. The amount of these costs may depend on the Customer's choice as to the method of delivery of the Good. Information on the amount of these costs is provided at the stage of placing the Order.
3. The customer may choose the form of payment:
- traditional transfer - payment before dispatch of the Good (prepayment). After placing the Order, the Customer should pay / transfer the amount due to the Store's bank account. The Order is processed after the Customer's payment is credited to the Store's bank account;
- payment via the PaYPAL payment system - payment before shipment of the Good (prepayment). After placing the Order, the Customer should pay via the PayPal system. The Order is processed after the Customer's payment is credited to the PayPal payment system;
- payment on delivery of the Goods (cash on delivery) - the Customer pays the amount directly when collecting the Goods from the carrier. The order is processed after the Order is accepted.
4. The Store issues proof of purchase for each Product sold and delivers it to the Customer, if the local law requires that.
5. The customer is obliged to pay within 7 days from the date of the contract of sale, unless chosen method of payment does not require a different date. If the customer fails to make the payment within this period, then - in accordance with art. 491 § 1 of the Civil Code (Journal of Laws 2017.459 i.e. as amended) - the Seller will set an additional payment deadline for the Customer, after which he will be entitled to withdraw from the contract ineffectively. If the Customer declares that he will not perform the services, the Seller may withdraw from the contract without setting an additional date, also before the indicated date of performance.
6. The entity providing the electronic payment service is Pay with its registered office in Poznań, address: 60-166 Poznań; ul. Grunwaldzka 182, entered into the register of entrepreneurs kept by the District Court in Poznań under the number KRS 0000274399, NIP: 7792308495, with share capital of PLN 4,944,000 fully paid up, national payment institution within the meaning of the Act of 19 August 2011 on services payment services, entered into the register of payment services under the number IP1 / 2012 and Przelwy24 with its registered office in Poznań, address: 60-327 Poznań, ul. Kanclerska 15, entered into the Register of Entrepreneurs kept by the District Court in Poznań under the number KRS 0000347935, NIP: 779 236 98 87, with share capital of PLN 4,500,000 fully paid up, national payment institution within the meaning of the Act of August 19, 2011. on payment services, entered into the register of payment services under the number IP24 / 2014, Supervision over the performance of activities in the field of payment services is exercised by the Polish Financial Supervision Authority. "The entity providing online payment services in the field of card payments is Blue Media S.A.".
* Visa Electron
* MasterCard Electronic
§ 4. Delivery.
1. The product is sent to the address indicated by the Customer in the Form, unless the Parties agree otherwise.
2. The product is delivered by courier or by postal operator according to the customer's choice. The parcel sent via the postal operator should be delivered within 14 business days from the date of dispatch of the Goods, while via courier - within 3 business days from the day of dispatch of the Goods.
3. Along with the Goods, the Seller issues to the Customer all elements of its equipment as well as operating, maintenance and other documents required by the provisions of generally applicable law.
4. The Seller indicates that:
- when the Goods are released to the Customer or the carrier, the Customer receives benefits and burdens related to the Goods as well as the risk of accidental loss or damage to the Goods. When selling to the Consumer, the risk of accidental loss or damage to the Good shall pass to the Consumer upon delivery of the Good to the Consumer. The release of the Goods is deemed to have been entrusted by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer,
- acceptance of the consignment with the Goods by the Customer without reservation causes the expiration of claims for loss or damage in transport, unless:
1. damage was confirmed by protocol before accepting the shipment
2. such a statement was abandoned due to the fault of the carrier;
3. the loss or damage resulted from the willful misconduct or gross negligence of the carrier;
4. the damage not noticeable from the outside has been recognized by the authorized person after the parcel was received and within 7 days demanded to determine its condition and proved that the damage occurred in the time between accepting the parcel for transport and its release.
§ 5. Additional information for the Consumer.
1. The contract is not concluded for an indefinite period and will not be subject to automatic extension.
2. The minimum duration of the consumer's obligations under the Agreement is the duration of the Agreement, i.e. the payment and receipt of the Good.
3. The use of the Store by the Consumer does not involve the obligation to make a deposit or provide other financial guarantees.
4. The seller is not obliged and does not apply the code of good practices referred to in art. 2 point 5 of the Act of 23 August 2007 on counteracting unfair market practices (Journal of Laws 2017.2070 i.e. as amended).
CHAPTER 6. LIABILITY.
1. Liability under the warranty is excluded in legal relations with customers.
2. The Seller is liable to the Consumer if the Good has a physical or legal defect (warranty) on the principles set out in the provisions of the Civil Code (Journal of Laws 2017.459 i.e. as amended) and in the Act of 30 May 2014 on consumer rights (Journal of Laws . 2017.1768, i.e. as amended), including the following:
1. a physical defect is the non-compliance of the Goods with the contract. In particular, the Goods are inconsistent with the contract if:
- The goods do not have properties that this type of thing should have due to the purpose in the contract marked or resulting from circumstances or destination;
- The goods do not have properties that the Seller has provided to the Consumer;
- The goods are not suitable for the purpose about which the Consumer informed the Seller when concluding the contract, and the Seller did not raise any objections to such purpose;
- The product was delivered to the Consumer in an incomplete state.
- The Good has a legal defect if the Good is the property of a third party or if it is encumbered with the right of a third party, and if the restriction on the use or disposal of the Good results from a decision or ruling of a competent authority; in the event of the sale of a right, the Seller is also responsible for the existence of the right;
- The Seller is liable under the warranty for physical defects that existed at the time the danger passed to the Consumer or resulted from a reason inherent in the Goods at the same time.
- The seller is released from liability under the warranty, if the consumer knew about the defect at the time of conclusion of the contract;
- if a physical defect was found within one year from the date of delivery of the Good, it is presumed that the defect or its cause existed at the time the danger passed on to the Consumer;
- The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Good to the consumer, and if a movable item is used by the Consumer, the Seller is liable under the warranty if a physical defect is found within one year from the date of issue goods;
- the consumer's rights under the warranty are:
1. a request to reduce the price of the Good or to withdraw from the contract, unless the Seller immediately and without undue inconvenience for the Consumer replaces the defective item with a non-defective one or removes the defect;
2. The Customer may instead of the removal of the defect proposed by the Seller request replacement of the Product for one free of defects or instead of the replacement of the item demand removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller . When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would be exposed in a different way;
- The consumer who exercises the rights under the warranty, is obliged at the expense of the Seller to deliver the defective item to the place indicated in the contract, and if such place is not specified in the contract - to the place where the item was delivered to him.
CHAPTER 7. COMPLAINTS PROCEDURE.
- Complaints should be sent by the Customer to the Seller in writing to the address: F.P.H.U Przemysław Barcic, ul. Zielona 7, 32-400 Myślenice, Poland,
- The Customer may use the complaint template available in the Store, but this is not a condition for considering the complaint. If it is determined that a shipment with the Good is violated, suffered a loss or damage, the Customer should immediately (not later than within 7 days from the date of receipt of the parcel) file a complaint with the Seller. This will allow you to seek redress from the carrier. This is not a condition for considering the Consumer complaint.
- The complaint should include a detailed description of the problem and the client's request, possibly also photographic documentation.
- The Seller undertakes to consider the Customer's complaint within 30 days, and the Consumer complaint within 14 days. If the Seller does not respond to the Consumer complaint within 14 days, it is considered that he considered it justified.
- If the complaint is accepted, the Seller will take appropriate action.
- There is a possibility of using out-of-court complaint consideration methods and pursuing claims in legal relations with Consumers, including:
2. possibility of conducting amicable proceedings before a common court or other organs.
CHAPTER 8. WITHDRAWAL FROM THE CONTRACT.
1. Withdrawal from the Agreement by the Seller or the Customer may take place on the principles set out in the provisions of the Civil Code (Journal of Laws 2017.459 i.e. as amended).
2. The consumer has the right to withdraw from the Contract within 14 days of receipt of the Good.
3. Information on withdrawal from the Agreement by the Consumer is contained in the notice of the right of withdrawal, available on the Store's website.
4. The right to withdraw from the Agreement is not entitled to the Consumer in relation to certain contracts, i.e.
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the performance of the service by the Seller he will lose the right to withdraw from the Agreement;
- 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 to withdraw from the Agreement;
- in which the Good is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs;
- in which the Good is a perishable item or has a short shelf life;
- in which the Good is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; in which the Goods are things that after delivery, due to their nature, are inseparably connected with other things;
- in which the Goods are alcoholic beverages, the price of which was agreed at the conclusion of the Agreement, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control;
- in which the Consumer explicitly demanded that the Seller come to him for urgent repair or maintenance;
- if the Seller provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the Agreement in respect of additional services or items;
- in which the Goods are sound or visual recordings or computer programs delivered in a sealed package,
- if the package has been opened after delivery;
- for delivering newspapers, periodicals or magazines, with the exception of subscription contracts; concluded through a public auction;
- for the provision of accommodation services other than for residential purposes, the carriage of goods, car rental, catering, leisure services, entertainment, sporting or cultural events, if the contract indicates the day or period of service provision;
- for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.
5. The Seller shall immediately, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the contract, return to the Consumer all payments made by him, including the costs of delivery of the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him;
6. if the Consumer has chosen a delivery method other than the cheapest usual delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
7. The consumer is obliged to return the Good with all equipment, including packaging, provided that it constitutes an important element of the Good. The Seller may refrain from reimbursement until receipt of the Good or until the Seller provides proof of sending it back, whichever occurs first.
8. The consumer bears only the direct costs of returning the goods, unless the seller agreed to bear them or did not inform the consumer about the need to bear these costs.
9. The consumer is responsible for reducing the value of the Good as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
10. Personalized products are not returnable (changes in dimensions, addition of reflectors, harness handles, easy walk wheels, foam lining, extended leashes, custom-made beds, custom-made products).
11. In the event of successful withdrawal from the Agreement, the Agreement is considered void.
CHAPTER 9. INTELLECTUAL PROPERTY.
1. The rights to the Website and its content belong to the Seller.
2. The address of the page where the Store is available, as well as the content of the website https://gymrussells.com are subject to copyright and are protected by copyright and intellectual property law.
3. All logos, proper names, graphic designs, films, texts, forms, scripts, source codes, passwords, trademarks, service marks etc. are registered trademarks and belong to the Seller, producer or distributor of the Good. Downloading, copying, modifying, reproducing, sending or distributing any content from https://gymrussells.com without the consent of the owner is prohibited.
CHAPTER 10. FINAL PROVISIONS.
1. In matters not covered by the Regulations in legal relations with customers or consumers, the relevant provisions of generally applicable law shall apply.
2. All departures from the Regulations must be in writing to be valid.
3. The court having jurisdiction to settle the dispute between the Seller and the Customer will be the court having jurisdiction over the Seller's registered office. The court having jurisdiction to settle the dispute between the Seller and the Consumer will be the court competent according to general principles (court of the defendant's place of residence) or another more convenient for the Consumer (pursuant to Articles 31-37 of the Code of Civil Procedure)