Online shop terms and conditions

 

§ 1 Preliminary provisions

  1. These terms and conditions are provided for Consumers and they specify the regulations regarding concluding a distance Sales Contract with the Consumer through Machiko Gymnastics Online Shop.

 

§ 2 Definitions

  1. Business days – all days of the week from Monday to Friday, except public holidays.
  2. Customer – a person using the Shop being a natural person with full legal capacity (as a rule this requires the person to be over 18 years old), a legal person or business entity not being a legal person, with legal capacity granted by applicable regulations.
  3. Consumer – a natural person performing a legal transaction not directly related to their business or professional activity (art. 22 of the civil code).
  4. Terms and conditions – these terms and conditions
  5. Shop or online shop – online shop run by the Seller, available under the address www.machikogym.com
  6. Seller – natural person operating a business under the name PPHU MULTIMA entered into the Business Activity Central Register and Information Record (CEIDG) kept by the relevant economy minister, NIP (TIN) 8371471726, REGON (business registry number) 072901081
  7. Durable medium – material or tool allowing the consumer or trader to store information intended personally for them in a manner allowing future access to such information for a time appropriate for the purpose of such information and allowing to reproduce the stored information in unaltered form (art. 2 item 4 of the act of 30 May 2014 on consumer rights, Polish Journal of laws Dz. U. 2014 pos. 827).
  8. Products – products available from the Shop.
  9. Order – the Customer’s declaration of will made through an Order Form and intended to conclude a Sales Contract for the Product or Products with the Seller.
  10. Account – the customer’s account in the Shop, wherein data provided by the Customer and information on orders placed by the Customer in the Shop are collected.
  11. Registration form – form available in the Shop allowing the creation of an Account.
  12. Order form – interactive form available at the Shop allowing placing an Order, specifically by adding Products to Cart and specifying the conditions of the Sales Contract, including delivery and payment methods.
  13. Cart – Shop software element which shows the Products selected by the Customer to purchase and also allows for the Order information, specifically product quantity, to be modified.
  14. Product – a movable property/service available in the Shop, being the object of the Sales Contract between the Customer and the Seller.
  15. Sales Contract – Product sales contract concluded between the Customer and the Seller through the online Shop. Sales Contract shall also be understood as – depending on the properties of the Product – a service contract or contract for specific work

 

 

§ 3Contact with the Shop

  1. Seller’s address: ul. Górska 163, 43-318 Bielsko­Biała, Poland
  2. Seller’s e-mail address: shop@machikogym.com
  3. Seller’s telephone number: +48 606 249 904
  4. The Customer may communicate with the Seller using addresses and telephone numbers provided in this paragraph.
  5. The Customer may contact the Seller by telephone in the following hours 9.00 – 17.00 GTM+1 Warsaw Time in working days.

 

§ 4 General information

  1. To the largest legally permissible extent the Seller shall not be held responsible for any disruption, including downtimes of the Shop caused by force majeure, prohibited operations of third parties or incompatibility of the Shop with the Customer’s technical infrastructure.
  2. Browsing the Shop contents does not require the creation of an Account. The Customer may place orders for Products included in the Shop’s offer either after having created an Account in accordance with § 5 hereof or by providing required personal and address information allowing the completion of an Order without creating an Account.
  3. Prices provided in the Shop are given in Polish zlotys as gross prices (including VAT).
  4. These prices do not include delivery and payment costs, which are to be determined each time by the Customer when placing an order. The final price of the given sales contract for Products shall be established during the quotation phase (order placement).

 

§ 5 Creating an Account in the Shop

  1. Customers can register at the Shop’s website, which results in establishing an Account.
  2. In order to create an Account in the Shop a Registration form must be filled in. It is necessary to provide the following information: full name or company name, address of residence, delivery address (if different than address of residence), and e-mail address and for businesses – also company name and NIP. It is also necessary to accept the Terms and conditions and cookie policy.
  3. After filling the registration form, a message will be sent to the e-mail address provided by the Customer requesting the confirmation of the information provided by clicking a link contained therein. The Customer’s account is created as soon as the confirmation is made.
  4. The Customer may delete their Account in the Shop at any time by sending an appropriate request to: shop@machikogym.com
  5. The Seller may delete a Customer’s Account also in case the Customer is in breach of these Terms and conditions, specifically if the Customer:
  6. during registration provided data which turned out to be false, inaccurate or outdated, misleading or infringing upon third party rights,
  7. committed infringement of personal property of third parties through the online shop, specifically the personal property of other Customers of the online shop, in which case second registration is not permitted.
  8. Account deletion shall not affect the validity of previous legal transactions concluded by the Seller with the Customer through the Shop.

 

§ 6 Order placement

To place an Order:

  1. Sign in to the Shop (optional);
  2. Select a Product to be the object of the Order, then click “add to cart”, and confirm your selection by clicking the appropriate option in the Shop website.
  3. After confirming the list of selected Products the Customer should:
    1. specify shipping method
    2. specify payment method
    3. confirm that the information provided during Account registration is up to date as well as the total price of the Products (including shipping and payment costs).
  4. After placing an order, the Customer receives an e-mail message to the address specified by them upon registering the user account in the online shop, with a written confirmation of the offer (order) conditions.

 

§ 7 Offered payment and shipping methods

  1. The Seller provides the following payment methods:
  1. Payment cost depends on the selected payment method.
  2. In case of the delay in making the payment by the Customer exceeding 7 business days from the order acceptance by the Seller, the Seller shall have the right to terminate the sales contract specified in §2 item 14.
  3. The Customer may use the following methods of shipping or picking up the ordered Product:
  4. shipping via Polish Postal Services,
  5. DPD courier.
  6. Shipping costs depend on the selected shipping method and payment method. Information on the current rates are available at all times on the Shop website.

 

§ 8 Order completion

  1. Order completion time is the sum of time for handing the shipment over to the delivery company and time of delivering the shipment by that company. The Seller shall be obliged to hand the Products over to the delivery company within 10 business days from accepting the order for completion. Time for the Products to be shipped to the Customer by the delivery company is 5 days.
  2. If the order cannot be completed within the term specified in item 1 above, the Seller may inform the Customer of this fact via e-mail to the address specified during Account registration or order placement and return the entire payment to the Customer, unless the Customer agrees for the Products delivery time to be extended. This pertains specifically to Products requiring customisation to the individual needs of the given Customer.
  3. The address to which the products are to be sent must be within the Republic of Poland.

 

§ 9 Complaints

  1. The Seller shall be responsible for any faults in the Products under commonly applicable provisions of the law, specifically those on warranty on faults provided in art. 556 and subsequent articles of the act of 23 April 1964, Civil code (i.e. Dz.U. of 2014 r. item 121).
  2. Faults in products (complaints) can be submitted via e-mail to the address shop@machikogym.com or in written form to the address of the Seller specified in §3.
  3. When submitting the complaint the Customer should provide, if possible, the following:
  4. fault description, specifically: the nature of the fault, when was it identified,
  5. the date the fault was identified,
  6. the Customer’s demands under the complaint, whereas the lack of any of the above elements in a complaint submitted by a Customer being a consumer shall not constitute an obstacle for reviewing the complaint. Providing complete documentation may however speed up the handling thereof.
  7. A Customer who executes their rights under warranty shall be obliged to deliver the faulty Products at Seller’s expense to the Seller’s seat at: ul. Górska 163, 43-­318 Bielsko­Biała

 

§ 10Complaints, returns and product replacement

  1. A Customer who is a consumer may withdraw from the Product sales contract without stating a reason. The time for withdrawing from the contract shall expire after 90 days from the date the Consumer comes into possession of the Products or from the date a third party indicated by the Customer, other than the carrier, comes into possession of the Products.
  2. If the contract covers multiple items shipped separately, in batches or parts – the time for withdrawing from the contract shall expire after 90 days from the date the Consumer comes into possession of the last item or from the date a third party indicated by the Customer, other than the carrier, comes into possession of the last item.
  3. In order to keep the terms specified in items 1 and 2 it shall be sufficient to send a declaration of withdrawal from the contract to the Seller before the term expires.
  4. Withdrawal from the Product sales contract is effected by the Customer making an unequivocal statement to the Seller. This statement may be made on the basis of the form constituting appendix no. 2 hereto, but this is not an obligation.
  5. If the Customer withdraws from the Product sales contract as described in this paragraph:
  6. The Customer should send the Products back to the seller to the address: ul. Górska 163, 43-­318 Bielsko-Biała? immediately, but not later than within 14 days from the date of withdrawal from the Product sales contract. The deadline shall be deemed as met if the Customer sends back the Products before 14 days elapse. The immediate costs of Products return shall be borne by the Customer.
  7. The Seller shall return all payments received from the Customer to the Customer (except for additional costs related to the Customer choosing another delivery method than the cheapest normal method offered by the Seller) immediately, but not later than within 14 days from the withdrawal of the Customer from the Product sales contract. The Seller shall reimburse the payment with the same payment method which was used by the Customer in the original transaction, unless the Customer gives their express consent to another solution. In any case the Customer shall not bear any costs of the return. The Seller may withhold the return of payment until receiving the Products or until receiving the proof of their postage, whichever comes first.
  8. The Customer shall be held responsible for the diminished value of the Products resulting from them being used in another manner than as required to determine their character, properties and functioning.
  9. A Customer who is a consumer may ask the Seller to replace the purchased Product with another Product of the same type or another Product available at the Shop – upon payment or return of difference in value. If a return is necessary, the form of return shall be decided by the Customer.
  10. If the Seller gives their consent for the replacement of Products, shipping costs shall be borne by the Buyer.

 

§ 11 Personal information in the online shop

  1. The Seller shall process the personal information of Customers exclusively in the scope specified in the provisions of the law, specifically the act of 29 August 1997 on the protection of personal data (i.e. Dz.U. 02.101.926 as amended) or these Terms and conditions.
  2. The Seller shall be obliged to undertake any required technical and organisational measures to protect the processed personal information.
  3. By placing and order or registering an Account the Customer gives their consent for the processing of their personal information provided in the registration or order form for the purpose of the Seller performing their obligations under the contract with the Customer and also under these Terms and conditions (including but not limited to: shipping the products, issuing an invoice and on-going correspondence).
  4. In cases and under principles specified in the Act on the protection of personal data, especially art. 24 and art. 32-35 thereof, the Customer shall have the right to access their data and correct or delete it.
  5. The Customer may agree to the processing of their personal data by the Seller for marketing purposes and also for receiving commercial information from the Seller via e-mail.
  6. In any case, the disclosure of their personal information by the Customer is voluntary – however, the Seller requires certain information in order to perform the sales contract concluded through the Shop.
  7. The personal information of Customers can be disclosed to third parties if such right or obligation results from legal provisions.

 

§ 12Technical requirements and cookies

  1. Through the Shop, the Seller provides Customer with the ability to use the following services provided by electronic means (as specified in the act of 18 July 2002 on providing services by electronic means Dz.U. of 2002.144.1204 as amended) free of charge:
  2. making available the contents of the Shop
  3. concluding Product sales contracts with the Seller through the Shop hereunder.
  4. In order to use aforementioned services, the Customer should have at their disposal: a device which can connect to the Internet with an operating system, Internet connection, required software (web browser) and e-mail account.
  5. The terms of storing cookies by the Seller on Customers’ devices and the Seller’s access to these cookies shall be specified in Cookie policy which shall constitute an appendix hereto.

 

§ 13 Customer’s obligations

  1. The Customer shall be obliged:
  2. not to use the Shop in a manner disruptive to its functioning, specifically by using certain software or devices,
  3. not to undertake actions such as: distributing or posting within the online shop unsolicited commercial information (spam),
  4. use the online shop in a manner inoffensive to other customers and the Seller.
  5. If a Customer is dissatisfied by the functioning of the Shop, they have the right to submit a complaint by e-mail to the address: sklep@machikogym.com. The Customer shall be informed on the manner the complaint will be handled via the e-mail address from which the complaint was submitted, within 14 days from the date the Seller receives that complaint.

 

§ 14 Final provisions

  1. The Seller shall have the right to change the provisions hereof. In this case: registered Customers shall be informed of the changes via e-mail to the address provided during registration, at least within 14 days before the date the changes enter force. Registered customers shall be asked to accept the changes as soon as they sign in.
  2. Lack of acceptance of the changes to the terms and conditions is equivalent to terminating the contract for the provision of services by electronic means, effective immediately, and deletion of the Account.
  3. No changes to the regulations shall infringe upon rights acquired by Customers in any way, specifically they shall not affect the orders placed which shall be completed under terms and conditions applicable heretofore.
  4. The law applicable hereto and to all contracts concluded hereunder (specifically Product sales contracts) shall be the Polish law.

 

 

Appendix no. 1 to the terms and conditions

Cookie policy

  1. This Policy specifies the principles of the Seller storing information and accessing the information already stored on Customer Devices in the form of Cookie files.
  2. Any terms defined in the Terms and conditions shall retain their meaning in this Policy as well. Moreover, the terms identified below shall have the following meaning:
  3. Cookies – IT data, specifically small text files, saved and stored on devices which the Customer uses to browse the Shop’s website.
  4. Own Cookies – Cookies provided by the Seller, related to the provision of services by electronic means by the Seller through the Shop.
  5. External Cookies – Cookies provided by third parties through the Shop website.
  6. Through Cookies the Seller stores information or accesses information already stored on Customer Devices – under principles set forth in this Policy.
  7. The Seller uses the following types of Cookies:
  8. Session Cookies: stored on the Customer Device, remain there until the browser session expires. Any stored information is then permanently deleted from the Device’s memory.
  9. Persistent Cookies: stored on the Customer device, remain there until deleted. Ending the browser session or turning off the Device will not cause their removal from the Device.
  10. The Seller’s usage of Cookies does not cause configuration changes to the Customer Device and software installed on that Device.
  11. The Seller uses Own Cookies for the following purposes:
  12. Customer authentication on the site and establishing a session for the user at the Shop
  13. completing processes necessary to the full functionality of websites.
  14. The Seller uses External Cookies for the following purposes:
  15. collecting general and anonymous statistical data with analytical tools
  16. using interactive functionality to increase the popularity of the Shop with the use of social media.
  17. The Customer has the right to limit or turn off the access of Cookies to their Device in the settings of the web browser used or service configuration – including blocking automatic handling of Cookies or requiring information each time a Cookie is stored on the Customer Device. Detailed information on the possibility and methods of handling Cookies is available in software (web browser) settings.
  18. The Customer may delete Cookies at any time.
  19. Limiting the usage of Cookies may influence some functionality available on the Shop website.