Store web page terms and regulations

§ 1
Introduction

1. Fitness Club 24 store webpage, accessible at https://www.fitnessclub24.co.uk/shop, managed by Fitness Club 24 Sp. z o.o. company seat in Bielsko-Biała. entered in the Register of Entrepreneurs of the National Court Register by the District Court in Bielsko-Biała 8th Economic Department KRS under KRS 0000285747, NIP 5472076763, REGON 240734176.
2. The terms and regulations of the store applies both to Retail Customers and Entrepreneurs visiting the store, and describes how the Store is to be used as well as terms and regulations of any Sale Contracts conclusion with a Client remotely via the Store.

§ 2
Definitions

1. Customer - natural person concluding the agreement with the Seller within the articles of the Store that is not connected directly with their business or professional activity.
2. Seller - Fitness Club 24 Sp. z o.o. seated in Bielsko-Biała 43-300, Komorowicka 110, entered in the Register of Entrepreneurs of the National Court Register by the District Court in Bielsko-Biała 8th Economic Department KRS under KRS 0000285747, NIP 5472076763, REGON 240734176.
3. Client - every entity purchasing goods in the Store.
4. Entrepreneur - natural person, legal person and any no legal person organisation or entity that is given legal capability by the separate act, running their business activity on their behalf, purchasing at the Store.
5. Store - the internet store managed by the Seller at https://www.fitnessclub24.co.uk/shop/.
6. Remotely concluded Contract - Client contract concluded by a Client within the organised remote contract system conclusion (within the Store), no physical presence of the parties, via one or more means of distant communication, only, until the agreement conclusion.
7. Terms and regulations - present terms and conditions of the Store.
8. Order - the Client’s will expressed in the Order Form aiming at the Sale Product or Products Contract conclusion with the Seller.
9. Account - a Client account in the Store, contains the Client data entered by the Client as well as any purchase information done at the Store.
10. Register form - accessible at the Store, enabling the Account creation.
11. Order form - an interactive form accessible via Store and enabling to place Orders by adding the Goods to the Basket in particular and detailing the Sale Contract, including payment and shipment.
12. Cart - the Store software element, where the Goods selected by a Client are placed as well as possibility to alter and enter Order data, the number of pieces in particular.
13. Goods - mobile/service item available at the Store being subject of the Sale Contract between a Client and the Seller.
14. Sale Contract - the sale agreement concluded between a Client and the Seller via the internet Store. By the Sale Contract is considered - appropriately to the Goods features - public service contract and contract for specific work.

§ 3
Store contact

1. The Seller address: 43-300 Bielsko-Biała, Komorowicka 110.
2. The Seller email address: shop@fitnessclub24.co.uk.
3. The Seller telephone number: +48 668 313 633.
4. Client may contact the Seller via addresses and phone numbers entered in the paragraph hereby.
5. Client may contact the Seller by telephone between 8:00-16:00 Monday to Friday.

§ 4
Software and device requirements

1. To purchase at the Store, including the items viewing as well as placing the Orders for the Goods, the below are required:
a. end-user devices with the Internet connection and browser installed,
b. active email account,
c. cookies files enabled.

§ 5
General information

1. The Seller bears no responsibility in any legal reasoning for any inconveniences, interrupts of the Store activity caused by force majeure, unauthorised access of any third party or the Store incompatibility with a Client end-user devices.
2. Viewing the item at the Store does not require registering. Placing Orders for the Goods by Clients is possible solely through the Client Account and entering required personal data and address to place the Order.
3. The prices given at the Store are gross prices (23% VAT included) in euro.
4. The end (final) price for the Client includes the Goods price as well as the shipment charges unless personal receipt was stated in the Order form. The subject of the Contract is beyond any reasonable transport calculation as it may depend on various features (number of Goods, the size, weight and Client seat). By selecting the Individual agreement shipment the prices are shaped according to an additional agreement and calculated in the final purchase price. A Client, to know the prices beforehand in the Order placement should contact prior to purchase, they should also indicate the Goods names that they wish to purchase as well as the destination, the following will give the final shipment cost. Personal receipt is free of any charges.

§ 6
Setting up the Store Account

1. To set up the Store Account one should fill in the registration Form. The following data is required: Name and surname, email, phone number, unique password and date of birth, optional.
2. The Account set up is free of charge.
3. To login into the Account one should enter their email and password given in the registration Form.
4. Client has the right to remove their account free of charge and free of any consequences by sending an appropriate request to the Seller via email or in writing at the address given in § 3.

§ 7
Orders placing terms

1. To place the Order one should:
a. login to the Store,
b. select the Goods subjecting the Agreement and click on Add to cart button,
c. to finish click on Contract conclusion button,
d. fill in the order form by typing in the Contract receipt data, the address where the Goods should be posted, choose the type of shipment (the way the Goods should be delivered), enter the invoice data if stated otherwise in the order form,
e. indicate one of the available payment options depending on the payment,
f. click Place order button, in case of the Individual agreement await the calculation, and transfer the payment.

§ 8
Payment and delivery methods

1. Client may choose one of the following payment and delivery methods for the Goods:
a. personal receipt at: 43-300 Bielsko-Biała, Komorowicka 110 and/or Legionów 24-26,
b. individual agreement (courier, pallet courier, Fitness Club 24 transport).
2. Client may use the following payment methods:
a. payment transfer to the Seller account.
3. Detailed information on the shipment and payment methods are available at the Store web page.

§ 9
The sale agreement execution

1. The Sale Contract between Client and the Seller is concluded prior to an order placement by the Client through the order Form at the Store in accordance with § 7 of the Terms and Regulations hereby.
2. After the Order placement, the Seller will confirm it immediately and accept its execution followed by the complete payment for the Goods as well as agreeing on shipment cost and transport method. The Order receipt and its acceptance to execution is confirmed by sending to Client by the Seller an appropriate email message at the address given at the Order placement form that will include, at least, the Seller’s statement of the Order receipt and its execution as well as the Sale Contract conclusion. At the moment, the confirmation has been received by the Client the Sale Contract is concluded between the Client and the Seller.
3. Should the Client choose: a. to transfer the payment, the Client is obliged to transfer the money within 7 calendar days from the day of the Sale Contract conclusion - otherwise it will be cancelled.
4. Should the Client choose other than personal receipt method, the Goods will be delivered by the Seller prior to method and shipment costs (subject to the point 5 of the paragraph hereby), selected by the Client given at the Order placement.
5. Should the Goods be delivered at various dates, the delivery date equals the longest given time. In case of various dates of delivery given, the Client may request the Goods to be delivered in parts or followed by the Order completion.
6. In case of the Goods personal receipt indicated by the Client, the Seller will inform the Client of the Order completion via email at the address given by the Client at the Order placement.

§ 10
The right to withdraw

1. The Customer may withdraw from the Sale Agreement within 14 days free of any consequences.
2. The time indicated in point 1 will be determined by the day of the Goods delivery to the Customer or to a person indicated by the Customer.
3. In case of the Contract including a number of Goods delivered separately, split or in parts delivery, the date indicated in point 1 will commence at the moment of the last delivery or part.
4. The Customer may withdraw form the Agreement submitting the Contract withdrawal statement. To keep the date of the Contract withdrawal the Customer will submit the statement in that period.
5. The statement may be posted by traditional post or by email sending it to the Seller email address - the Seller contact data are indicated in § 3.
6. The shipment cost to the Seller is covered by the Customer.
7. The withdrawal cost will cover solely the Goods cost without shipment costs.
8. The equipment should be delivered to the Seller free of signs tear and wear.
9. The Goods returned within the Contract withdrawal procedure are to be returned to the address given in § 3 of the Terms and Regulations hereby unless stated otherwise.

§ 11
Complaints and guarantee

1. The Sale Agreement covers both new and second-hand Goods.
2. The Seller guarantees to deliver the Goods free of flaws.
3. Should the new Goods purchased from the Seller present failures, the Client has the right to complain in accordance with the regulations on the warranty detailed in the civil code.
4. In case of the second-hand Goods purchased from the Seller, the Client has the right to complain in accordance with regulations on the warranty detailed in the civil code. If the Client is an Entrepreneur, the parties will resign from the warranty law.
5. The complaint should be done via electronic complaint form available at the following link: https://www.fitnessclub24.co.uk/service/.
6. It is advisable for the complaint to include, among others, short failure description, circumstances (including the date) of the failure occurrence, the Client personal data and Client's claims towards the Goods compensation.
7. The Seller will answer to the complaint immediately, no later than 14 working days, and if they fail to do so, the Client’s claim is considered valid.
8. The Goods considered in the complaint procedure are to be returned at the address given in § 3 of the Terms and Regulations hereby.
9. Should the Goods have the guarantee, the information and its content will be given in the Product description at the Store.
10. The complaint confirmation is the invoice issued and presented to the Client at the Order.

§ 12
Out-of-court ways to handle complaints and claims

1. Detailed information on how the Consumer may claim their out-of-court rights as well as the accessibility to those methods are to be accessed in the offices and local (urban) websites of the Consumer Ombudsman, social communities, which statute role is to protect the Customers, Voivodeship Inspectorates for Environmental Protection as well as at the following Internet addresses of the Office for Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php
http://www.uokik.gov.pl/sprawy_indywidualne.php
http://www.uokik.gov.pl/wazne_adresy.php.
2. The Consumer may claim their rights in the following examples of complaint and redress methods:
a. Consumer may turn to permanent consumer arbitration court referred to in Art. 37 of the Act dated 15 December 2000 on Trade Inspection (Journal of Laws of 2014 item 148 with later amendments), requesting the settlement of disputes by arbitration resulting from the Contract concluded with the Seller.
b. Consumer may turn to the voivodeship inspector of the Trade Inspection, in accordance with the Art. 36 of the Act dated 15 December 2000 on Trade Inspection (Journal of Laws of 2014 item 148 with later amendments) requesting the mediation proceedings to an amicable settlement between Consumer and the Seller.
c. Consumer may obtain free of charge counseling to settle the dispute between them and the Seller, counselling the district (urban) Consumer Ombudsman free of charge or social committee, which statutory role is to protect the consumers (among others the Consumer’s Association, the Association of Polish Consumers).

§ 13
Personal data in the Store

1. The Clients personal data registered on the Store website is controlled by the Seller.
2. The Clients personal data stored on the Store website and collected by the Seller via the website and used solely for Sale Contract conclusion, as well as the marketing purpose prior by the Client consent.
3. The recipients of the Clients personal data stored on the website may be:
a. In case of the Client who selected the courier shipment, the Controller shares the obtained data of the Client to selected carrier or subcontractor exercising the shipments on the behalf of the Controller.
4. Client has the right to access their data any time, to modify it or delete completely.
5. Providing the personal data is completely voluntary, however, not providing the data indicated in the Terms and Regulations indispensable to the Sale Contract conclusion may result in failure of the contract conclusion.

§ 14
The final provisions

1. The Agreements concluded by the Store are concluded in English.
2. The Seller reserves the right to make amendments in the Terms and Regulations due to important reasons, which may be: changes in the law, changes in the payments and shipment - in terms of its impact on the Terms and Regulations execution hereby. Any changes in the Terms and Regulations will be known to a Client 7 days in advance.
3. In matters not covered by these Terms and 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. Client has the right to use out-of-court ways of warranty claims and redresses. To do it they may submit an application via EU Internet ODR platform to be accessed at the following address: http://ec.europa.eu/consumers/odr/.