Terms and conditions of the This-1.com online storeI. General Provisions
These Regulations set out the general terms and conditions, the manner of providing Services electronically and sales conducted through the online store www.this-1.com. The online store is operated by Sporthouse sp. z o.o. with headquarters in Warsaw, 02-798, ul. Pod Lipą 8/94a, VAT tax ID: 9471983633, company ID: 101733204, registered by the District Court for Lodz-Centre in Lodz , XX division of the National Court Register no. 0000500791, share capital PLN 5,000.00
Contact with the Seller is made through:
- e-mail address: [email protected]; at phone number: +48 782 464 618
- These Terms and Conditions are continuously available on the website www.this-1.com, in a manner that allows you to obtain, reproduce and record their contents by printing or saving them on a medium at any time.
- The Seller informs that the use of Services provided electronically may involve a risk on the part of any user of the Internet, consisting of the possibility of introducing harmful software into the Client’s data communications system and obtaining and modifying its data by unauthorized persons. To avoid the risk of hazards in the aforementioned Customer should use appropriate technical measures.
The terms used in the Regulations shall mean:
- Working days-are daysfrom Monday to Friday excluding public holidays;
- Customer –a natural person who has full legal capacity, a natural person conducting business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order on the Online Store or uses other Services available on the Online Store;
- Civil Code-the law of April 23, 1964. (Journal of Laws No. 16, item 93 as amended);
- Account –a part of the Online Store assigned to a given Customer, through which the Customer can perform certain actions within the Online Store;
- Consumer-A customer who is a consumer as defined in Art. 22 of the Civil Code;
- Entrepreneur-Customerwho is an entrepreneur within the meaning of Art. 43 of the Civil Code;
- Goods-the product presented in the Online Store, the description of which is available next to each product presented;
- Contract of sale-Contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
- Services –services provided by the Seller to Customers electronically within the meaning of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);
- Law on Consumer Rights-Law of May 30, 2014. On consumer rights (Journal of Laws 2014, No. 827);
- Law on the provision of services by electronic means –the law of July 18, 2002. On provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
- Order-a declaration of will of the Customer, aiming directly at the conclusion of a Sales Agreement, specifying in particular the type and number of Goods.
III. Rules of use of the Online Store
- The use of the Online Store is possible on the condition that.
- Using Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1. or later,
- Use of the Online Store means any activity of the Customer that leads to his/her familiarization with the content contained in the Store.
- In particular, the customer is obliged to:
- use of the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,
- not to take actions such as: sending or posting unsolicited commercial information (spam) within the Internet Store,
- Use of the Online Store in a manner that is not onerous for other Customers and for the Seller,
- use any content posted within the Online Store only for your own personal use,
- use of the Internet Store in a manner consistent with the provisions of the law in force in the Republic of Poland, the provisions of the Rules of Procedure, as well as with the general rules of Internet use.
- The Seller makes it possible through the Online Store to use free Services, which are provided by the Seller 24 hours a day, 7 days a week.
- The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, made available on one of the pages of the Online Store. The contract for the provision of the Service of maintaining an Account in the Online Store is concluded for an indefinite period of time and is terminated when the Customer sends a request to delete the Account or uses the “Delete Account” button.
- The Customer has the opportunity to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). For this purpose, you must provide a valid e-mail address or activate the corresponding field in the registration form or Order form. The customer may revoke consent to send commercial information at any time. The Newsletter Service Agreement is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove his/her e-mail address from the Newsletter subscription or to unsubscribe using the link in the content of the message sent within the Newsletter Service.
- The Seller has the right to organize occasional contests and promotions, the terms of which will be stated each time on the Store’s website. Promotions in the Online Store are not combinable, unless the Terms and Conditions of a given promotion state otherwise.
- In case of violation of the provisions of these Regulations by the Customer, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days’ notice.
- Information about the Goods provided on the Store’s websites, in particular their descriptions, technical and usage parameters and prices, constitute an invitation to conclude a Contract, as defined in Art. 71 of the Civil Code.
- All Goods available on the Online Store are manufactured by the Seller and have the necessary sanitary permits and can be sold in the European Union.
- The condition for placing an Order is to have an active e-mail account.
- In the case of placing an Order through the Order form available on the website of the Online Store, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Contract of Sale for the Goods that are the subject of the Order. An offer made in electronic form binds the Customer if the Seller sends to the e-mail address provided by the Customer a confirmation of acceptance for execution of the Order, which constitutes the Seller’s statement of acceptance of the Customer’s offer, and at the moment of its receipt by the Customer the Contract of Sale is concluded.
- The sales contract is concluded in the Polish language, with the content in accordance with the Regulations.
- Delivery of the Goods is limited to the countries of the European Union and is carried out at the address indicated by the Customer when placing the Order.
- The customer can choose the following forms of delivery of the ordered Goods:
- via courier service;
- The Seller on the websites of the Store in the description of the Goods informs the Customer about the number of Working Days required for the processing of the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
- The delivery and processing time of the Order is calculated in Business Days in accordance with Section. VII pp. 2.
- The Seller shall provide the Customer with a receipt or a VAT invoice at the Customer’s choice.
VII. Prices and payment methods
- The prices of the Goods are given in Polish zloty and include all components, including VAT, customs duties and other fees.
- The customer can choose the following payment methods:
- bank transfer to the Seller’s bank account (in this case, the execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order, and shipment will be made immediately after receipt of funds in the Seller’s bank account and completion of the Order);
- cash on delivery, payment of the supplier at the time of delivery (in this case, the execution of the Order and its shipment will be initiated after the Seller sends the Customer a confirmation of acceptance of the Order and completion of the Order);
- electronic transfer through an external payment system iMoje, operated by the company ING Bank Śląski S.A. based in Katowice (in this case, the execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the billing agent’s system about the payment made by the Customer, and shipping will be carried out immediately after the Order is completed).
- The Seller on the Store’s website informs the Customer of the deadline within which he is required to make payment for the Order. In the event of non-payment by the Customer within the period referred to in the preceding sentence, the Seller, after an ineffective demand for payment with setting an appropriate time limit, may withdraw from the Contract pursuant to Art. 491 of the Civil Code.
VIII. Entitlement to withdraw from the Agreement
- A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline it is sufficient to send the statement before its expiration.
- The customer may formulate the statement himself or use the sample statement provided by the Seller on the Store’s website.
- The 14-day period shall be counted from the day on which delivery of the Goods took place or, in the case of a Service Contract, from the date of its conclusion.
- Upon receipt of the Consumer’s statement of withdrawal from the Contract, the Seller will send an acknowledgement of receipt of the statement of withdrawal to the Consumer’s e-mail address.
- The Consumer’s right to withdraw from the Contract is excluded, among other things, in the case of:
- A contract in which the object of performance is Goods that are perishable or have a short shelf life;
- A contract in which the object of performance is Goods delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
- In the case of withdrawal from the Agreement concluded at a distance, the Agreement is considered not concluded. What the parties have rendered shall be returned unchanged, unless the change was necessary to ascertain the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the Seller’s address.
- The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, return to the Consumer all payments made by him, including the cost of delivery of the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of refund, which method will not incur any cost to the Consumer. The Seller may withhold reimbursement of payments received from the Customer until it receives the item back or the Customer provides proof of its return, whichever event occurs first, unless the Seller has offered to collect the item from the Customer itself.
- The Customer shall bear the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
- The Seller undertakes to deliver the Goods without defects.
- The Seller shall be liable to the Customer who is a Consumer under the warranty for defects under the terms of Art. 556 – 576 of the Civil Code.
- Complaints, arising from violation of the Customer’s rights guaranteed by law or under these Regulations, should be addressed to the registered address of the Seller.
- In order to consider the complaint, the Customer should send or deliver the advertised Goods, if possible attaching the proof of purchase. Goods should be delivered or sent to the address of the Seller’s headquarters.
- The Customer may submit complaints to the Seller in connection with the operation of the Store and use of the Services. Complaints can be submitted in writing or by e-mail to the address details of the Seller.
- The seller undertakes to process each complaint within 14 days, and if this is not possible, to inform the customer within this period when the complaint will be processed. In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent within 7 days from the date of receipt of the call by the Customer
X. Out-of-court ways of settling complaints and pursuing claims
- A customer who is a Consumer has, among other things. the following options for out-of-court means of complaint handling and redress:
- is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement;
- is entitled to apply to the provincial inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller;
- may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include the protection of consumers (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address [email protected];
- submit your complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
XI. Data protection
XII. Final provisions
- All rights to the Online Store, including property copyrights, intellectual property rights to its name, Internet domain, the Online Store website, as well as to the forms, logos belong to the Seller, and the use of these rights may be carried out only in the manner specified and in accordance with the Regulations.
- Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
- Settlement of any disputes arising between the Seller and the Customer, who is an Entrepreneur, shall be submitted to the court having jurisdiction over the seat of the Seller.
- In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
- Any changes to these Terms and Conditions will be communicated to each customer through information on the main page of the Online Store containing a summary of the changes and their effective date. Customers with an Account will additionally be informed of the changes with a summary of the changes to the e-mail address they have indicated. The effective date of the amendments will not be less than 14 days from the date of their announcement. If a Customer with a Customer Account does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact within 14 days from the date of notification of the change in the Terms and Conditions. Notification to the Seller of non-acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.