THE STATUTE / COOKIES
The statute of the GYM HERO® Internet store
The Internet store on www.gymhero.eu, is property of:
Gym Hero Natalia Dusza
Trzciana 279; 36-071 Swilcza
GymHero Natalia Dusza, 2014.
(further referred to as “Gym Hero” or the “Entrepreneur”)
Gym Hero® Natalia Dusza is registered in the Business Activity Central Register and Information Record with VATID: 5170343813 and NBRN (National Business Registry Number): 181148535.
• Information on products / orders : email@example.com
• Information / advice on exchange/complaints/returns: firstname.lastname@example.org
• Cooperation: Piotr Szczepański email@example.com and Marek Sapryk firstname.lastname@example.org Mobile: 501 350 906
mBank account: 29 1140 2004 0000 3102 7529 8499
A list of terms used in this statute:
Completion time – a time at which Gym Hero® prepares the ordered Commodity for dispatch with the delivery date;
Working days – days of the week from Monday to Friday, excluding public holidays;
Civil Code – the act of April 23rd, 1964 (J. of L. of 1964, No. 16 item 93, as amended);
Consumer – a natural person entering into legal transactions with the entrepreneur (including the sale agreement conclusion) directly unrelated to his/her business activity or professional activity (further referred to as the “Client”);
Buyer – all entities which have concluded a sale agreement with the Seller by means of the Internet Store (a Consumer, a legal person or an organisational unit not possessing legal personality);
Statute – this Statute determining general provisions of the Commodities sale and the rules of services provision online by Gym Hero® Natalia Dusza with the seat at 279 Trzciana, Swilcza, 36-071 by means of the website located on www.gymhero.eu, as referred to in art. 8 par. 1 sec. 1 of the act of July 18th, 2002 on services provision online (J. of L. of 2013, item 1422, as amended);
Complaints – a course of action in case of the sold commodity’s physical or legal defect occurrence;
Warranty – a way of seeking responsibility from the entrepreneur in relation to a physical defect revealed (non-compliance with the agreement) or a legal defect of the commodity purchased;
Internet Store – a service available on www.gymhero.eu run by the Seller, allowing for making orders online;
Seller – a legal entity running business activity on his/her own, including Gym Hero® Natalia Dusza (also further referred to as: “Gym Hero”).
Commodity – a movable, being the subject of the sale agreement concluded between the Buyer and the Seller, accessible for sale in the Internet Store;
Remote agreement – an agreement concluded with a consumer within an organised system of remote agreements conclusion, without the concurrent physical presence of the parties, with an exclusive use of one or a larger number of remote communication means till the moment of the agreement conclusion inclusively;
Consumer rights act – an act on consumer rights of July 18th, 2014 (J. of L. of 2014, item 827, as amended);
Online services provision act – an act on services provision online of July 18th, 2002 (J. of L. of 2013, item 1422, as amended);
Essential defect – a base which enables the Consumer within the complaint proceedings using particular laws under the warranty, assumed in separate regulations, included also in the Civil Code;
Physical defect – the Commodity’s non-compliance with the Agreement in case when:
• the Commodity has no properties which this type of product should have and which result from the purpose of the sale agreement, circumstances or the Commodity’s intended use;
• the Commodity has no properties of which the Buyer has been ensured by the Seller or an advertisement;
• the Commodity is not fit for the purpose of which the Buyer informed the seller during the agreement conclusion if the Seller has not had any reservations as to this type of its use;
• the Commodity has been issued to the Buyer in an incomplete state;
Note: any defect or damage to the commodity of which the Buyer has been informed before its purchase does not constitute a physical defect in the meaning of this Statute.
Legal defect – the Commodity’s non-compliance with the Agreement in case when:
• it is owned by a third party;
• it is encumbered by a right of a third party;
• the limitation as to the use of the commodity or its management results from a decision or a decree of a proper body;
1. GENERAL INFORMATION
1. This Statute determines the rules of the sale agreement conclusion and fulfilment for the Commodities which can be found in the Internet Store’s offer.
2. To make an order in the Internet Store the Buyer should possess a device with access to the Internet, e-mail as well as an Internet browser of websites. In particular, for the effective order making it is necessary to have a computer with a processor of min. 200MHz, 64MB RAM, a graphics card operating at a resolution of 800x600 and 256 colours and a browser of websites (Internet Explorer, Mozilla Firefox, Opera, Google Chrome) as well as a keyboard or other pointing devices which enable the correct completion of online forms.
3. Information on the Internet store websites is not an offer in the meaning of the Civil Code, as a result of the above, making an order by the Buyer does not mean an immediate agreement conclusion.
4. Information on the Commodities offered by the Seller, among others: the Commodity’s producer, safety marks and conformity marks, intended use is available on the Internet store website in a description of a selected Commodity.
5. All the Commodities offered in the Gym Hero® Internet Store are brand new, free of physical and legal defects and have been sewn as the Gym Hero® author’s designs on the Polish market. Gym Hero® makes every effort that the images, descriptions and technical data of the Commodities presented reflect the reality. The way of colour display depends, however, on the operational system used and hardware possessed by the Buyer.
6. The size in centimetres is provided according to the charts of the Gym Hero® fitness brand. If the Buyer is not sure about the determined size chart, the Buyer should contact the Seller asking for the product exact measurements.
7. All the trade names, commodity names, the names of companies and their logos used on www.gymhero.eu belong to their owners and are used exclusively for identification purposes. They can be the reserved trademarks. All the materials, descriptions and images presented on the Store’s subsites are used for information purposes.
8. To matters unsettled by this statute, the regulations of the Polish law apply, including the Civil Code and the consumer rights act.
9. The provisions of this Statute do not exclude and limit the rights of the Buyer being the Consumer, which the Consumer has by separate effective laws. In case of a discrepancy between this statute provisions and the effective laws giving rights to the Consumers, effective laws have precedence.
2. THE SUBJECT MATTER OF THE PROVISION
1. Gym Hero® offers the Buyers Commodities from fashion fitness branch (clothes, additions, accessories, footwear) by means of the Internet Store.
2. The Buyer is obliged to pay the price of the Commodity ordered by means of the Internet Store.
3. The Seller is obliged to deliver Commodities free of physical and legal defects to the Buyers.
3. THE METHODS OF COMMUNICATION WITH THE SELLER
1. Gym Hero® provides the following ways of communication to the Buyers:
A. Contact in the scope of general information on the products and the store’s activity: email@example.com
B. Contact in the scope of complaints: firstname.lastname@example.org
C. Contact in marketing matters: Piotr Szczepański email@example.com and Marek Sapryk firstname.lastname@example.org
1.2. Mobile No.: 501 350 906
A. A charge for one connection according to the Buyer’s operator tariff.
2. The Seller contacts the Buyer by e-mail or mobile phone on the telephone number provided by the Buyer.
1. The Commodities prices visible on www.gymhero.eu are gross prices (they include a value-added tax in accordance with the Polish regulations), in Polish zloties as well as include the dispatch cost on the territory of Poland.
2. The Commodity price is binding after the Seller’s confirmation of the order made by the Buyer and since the moment of the order fulfilment initiation this price is not subject to change irrespective of prices changes in the Store, which can occur in relation to particular Commodities during fulfilment of a particular order.
5. ORDERS MAKING
1. Gym Hero® sells Commodities offered by means of an Internet network.
2. Orders can be made for 24 hours a day all year. The orders fulfilment takes place from Monday to Friday from 9:00 a.m. to 4:30 p.m.
3. The orders made during working days after 3 p.m., on Saturdays, on Sundays and during public holidays shall be fulfilled on the following working day or at the moment when the transfer has been credited to the Seller’s account.
4. Ordering the Commodity takes place after clicking the icon "ORDER" and following the process of data confirmation necessary for dispatch and a method of payment confirmation.
5. If there is information “OUT OF STOCK” by a particular product, the Commodity marked in such a way shall not be for sale any more or it is not currently available at the stock, for information on the product’s accessibility please contact the Store’s personnel on: email@example.com
6. The condition of the order fulfilment is correct completion of the order form which can be found on www.gymhero.eu. The Seller does not bear any responsibility for incorrect completion of the order form and consequences resulting from it.
7. In order to make a purchase:
1. A voluntary registration can be made by providing data necessary for the order fulfilment (name, surname, address, telephone / mobile phone number, e-mail, login and password);
2. You can use fast purchases – in case of choosing this option, there is no need for registration.
8. The Buyer is obliged to provide the correct and full personal data necessary for the order fulfilment as well as for the purpose of a proper course of transaction, should provide his/her telephone / mobile contact number and e-mail which shall be necessary for the confirmation of the order made. The registration forms completed incorrectly can hinder or even make the order fulfilment impossible.
9. Immediately after making an order the Buyer receives information on the order acceptance by e-mail. If no such information is received, the Buyer should contact the Store by telephone / mobile or by e-mail. Gym Hero® reserves a possibility of confirming the order acceptance by mobile.
10. The Seller reserves a right to reject the order in case of:
1. incorrect/partial completion of the order form and no confirmation of the order which make the order acceptance for fulfilment impossible
2. the lack of crediting transfer at the amount resulting from the order made by the Buyer within 5 working days since the moment of the order confirmation (the Gym Hero® Store gives the Buyer a possibility of payment within 5 days since the date of the order made. The lack of crediting payment to our account within the above mentioned period shall cause automatic annulment of the order)
3. the situation in which the parcel sent shall not be successfully delivered to the recipient
11. The orders to which any doubts have occurred shall be verified by the Store’s personnel, such an order might be annulled by the Store. The Ordering Party shall be informed of this fact with the use of accessible ways of communication determined in a subsection 5.8
12. The order making and its confirmation is tantamount to the acceptance of this “Statute”, a voluntary purchase of the commodity ordered and an agreement for the Buyer’s personal data processing by the Seller for purposes related to the order fulfilment. The order made constitutes the purchase-sale agreement in the meaning of the Civil Code.
13. The Buyer can make changes to the order made or withdraw the order made by e-mail writing at: firstname.lastname@example.org only to the moment of sending the order to an execution department (the change of the order status to Preparation in progress).
14. The discounts granted to the Buyer are not linked with special offers.
15. The Internet Store www.gymhero.eu – accepts payment by transfer, PayU, PayPal and cash on delivery.
Mbank 29 1140 2004 0000 3102 7529 8499
The owner of the bank account:
Gym Hero® Natalia Dusza Trzciana 279 36-071 Trzciana
Please provide the necessary order code in the subject of payment.
6. TIME AND COSTS OF ORDER FULFILMENT
1. The Seller immediately after the receipt confirmation of the order made begins its fulfilment.
2. The parcels are sent within 1 to 10 working days at most upon crediting payment to the Seller’s account. The Buyer is informed of the parcel’s dispatch by a separate e-mail which is generated automatically after making the order. In special cases resulted from the causes objectively independent of Gym Hero®, the Seller reserves a right to prolong the completion time. The Buyer shall be informed of the circumstances occurred by mobile or e-mail. The Client has a possibility of resignation from the order in case of the order completion time prolongation.
3. In case of inaccessibility of some products covered by the order, the Buyer is informed of the order state. The Buyer has a possibility to choose the way of the Order fulfilment (partial fulfilment, waiting time prolongation, the entire order annulment). In the event of no reply from the Buyer within 7 days since the day of sending information on some products’ inaccessibility – the Seller reserves a possibility to send the products accessible in the order or annul the order.
4. In case of orders consisting of a few commodities which are to be delivered in a single parcel, the fulfilment date shall be dependent on the date of completing the last element of the order by the Store unless the Parties decide otherwise.
5. The product with information in the product description, for instance, “accessibility - 30 days” is a model with the prolonged period of the order fulfilment. Such orders are fulfilled in the period provided in the description. The accessibility date of each model of clothes and accessories is always provided in the object’s description.
6. The parcels are sent by InPost Courier.
7. The parcels are posted upon a prior payment for the order.
8. The ordered commodity is sent to the address provided in the form as the delivery address.
9. Transportation costs provided in the Store concern the dispatch on the territory of Poland, in Poland – the dispatch is free of charge, the costs of parcels to other countries are agreed individually with the Buyer separately for each order.
10. If the Commodity is accessible in the warehouse – it shall be dispatched at the moment of receiving payment to the bank account at the amount of 100% of the order value. If the payment is received to the company bank account till 3 p.m., the commodity can be dispatched on the same day.
11. The delivery cost on the territory of Poland is free of charge and amounts to PLN 0 (in words: zero) zloties. The delivery cost is included in the Commodity’s price.
12. In the event of the parcel damage acknowledged by the Buyer, Gym Hero® recommends a preparation of a damage report at the courier’s presence, which shall include the recipient and the courier’s data as well as a short description of the Commodity’s look, and informing Gym Hero® of this fact immediately.
13. No receipt of the parcel and its return to the Seller results in charging the Buyer for the costs of the parcel’s return to the sender and its subsequent dispatch (PLN 11 + PLN 11, PLN 22 in total).
14. If the Buyer reports the willingness of posting the parcel again and expresses the will to receive it, otherwise the Seller reserves a possibility to annul the order.
7. THE COMMODITY EXCHANGE
1. Upon request of the Buyer, all the Commodities purchased in the Internet Store can be exchanged within 14 days since the date of receiving the dispatch.
2. The Commodity’s exchange cost by which the Buyer shall be burdened using such an option amounts to PLN 11 and is designed for costs coverage of the Commodity redispatch.
3. The exchange fulfilment takes place upon the prior payment determined in a subsection 7.2.
4. The Buyer can exchange the Commodity ordered for the same product in a different size or another product, incurring costs of returning the unused commodity, undamaged in any way, in an original and undamaged packaging to the address of the Internet Store.
5. The Buyer is asked for a prior confirmation by e-mail if there is the required size of the product in the Internet Store’s offer. In the event of the commodity’s inaccessibility, Gym Hero® shall make every effort to exchange the commodity as soon as possible. In case when the exchange is impossible (e.g. because of stock depletion), Gym Hero® shall offer a different accessible product for selection or return money by transfer to the determined account or by postal order.
6. The exchange fulfilment time is from 2 to 14 working days, counting from the moment of the dispatch receipt by Gym Hero®.
7. The Commodity for exchange should be sent to the address: eFeMeS sp z o.o. Sosnowiec-Pienki 15 95-010 Strykow. With an exchange please attach a note to the parcel (Name and surname + the order number). Please send the original parcel packaging, the same as on delivery with information on a request for exchange/return and necessary dispatch data.
8. The principles described in the Act of May 30th, 2014 on consumer rights (J. of L. of 2014, item 827, as amended) cannot be used by persons who purchase the particular products in relation to their own business activity.
NOTE: We exchange commodities by courier only – there is no possibility to visit the GYM HERO® office in person.
8. THE RIGHT TO THE WITHDRAWAL FROM THE AGREEMENT AND ITS RESULTS
1. The consumer who purchased the Commodity on the Store’s website has a right to withdraw from the Commodity’s sale agreement within 14 days without providing any reason. The 14-day period is counted from the following day after the day on which the Consumer has received the thing (or another person – determined by the Buyer for the dispatch receipt). To keep within the 14-day period, the statement on the withdrawal should be sent to the Seller before the end of this period. In order to use the right to withdraw from the agreement, the Consumer should inform the Seller of his/her decision regarding the withdrawal from the agreement by the statement properly expressing such a will. The Buyer can inform the Seller of using the above right by means of communication with the Seller, e.g. by e-mail or by registered letter. The mode of making the statement depends only on the Client and the form choice of the statement making does not restrict the possibility of the withdrawal from the agreement in any way.
2. The results of the withdrawal from the agreement. In case of the withdrawal from the agreement all the payments received from the Consumer are returned, excluding additional costs resulting from the mode of delivery selected by the Consumer different than the mode of delivery offered by the Seller, immediately and in each case not later than within 14 days since the day on which the Seller has been informed of the decision on the right fulfilment regarding the withdrawal from the agreement. The payment return shall be made with the use of the same payment methods which have been used by the Consumer in the primary transaction (during the Commodity’s purchase) if it is possible to be fulfilled by the Seller unless the Consumer agreed for another method of the payment return. In each case the Consumer shall not incur any costs in relation to this return. The Seller might suspend the Consumer’s payment return till the Commodity’s delivery time. The Buyer should dispatch the returned Commodity to the address eFeMeS sp z o.o. Sosnowiec-Pienki 15, 95-010 Strykow immediately, not later than within 14 days since the day on which the Buyer informed of the withdrawal from the agreement. The 14-day period is kept if the Commodity has been dispatched before its end. The Buyer using the right to withdraw from the agreement incurs direct costs of the Commodity’s return.
3. The Buyer not being the Consumer, has no right to withdraw from the agreement, as referred to in par. 1, in the scope of such a sale the principles and dates of the withdrawal from the agreement are determined by the Civil Code’s regulations.
4. NOTE: We do not accept returns in person at the company’s seat. The returns should be sent by courier or by post – please also retain the number for tracking the posted dispatch.
5. We do not accept parcels labelled ‘Cash on Delivery’ – returns are made only to the bank account provided by the Client.
1. All the Commodities purchased in the Internet Store are subject to 2 (a two-year) warranty in accordance with the Act on consumer rights and the Civil Code Act.
2. Gym Hero® recommends retaining the purchase proof – e.g. a receipt, a VAT invoice.
3. In the complaint form, the Buyer should provide the details of the complaint, in particular, which Commodity the Buyer complains, when the defect has been noticed as well as the circumstances justifying the Buyer’s complaint and demands.
4. Gym Hero® shall inform the Buyer of its decision in the scope of the filed complaint’s relevance within 14 days since the day of filing a complaint.
5. The dispatch with the complained Commodity should comprise the Buyer’s statement, including quite a detailed description of the Commodity’s defect and the Buyer’s current return address with a mobile contact number or e-mail to enable a direct and immediate contact with the Buyer.
6. If as a result of acknowledging the complaint by Gym Hero® as justified, the Commodity has been repaired or exchanged for the new one, or the filed complaint has been rejected as groundless, Gym Hero® shall return such a Commodity by courier immediately to the address provided by the Buyer, unless a different mode of the Commodity’s dispatch is agreed with the Buyer.
7. In the event when the Commodity complained is not received by the Buyer, Gym Hero® shall call the Buyer in writing or possibly in a different way agreed with the Buyer to receive the Commodity within 14 days since the date of receiving such a call. After the ineffective expiration of this additional term, Gym Hero® shall be authorised to charge fees for the contractless Commodity’s storage at the amount of PLN 2, charged for each day of storage.
8. The complaint made by the Buyer not being the Consumer, without the attached document confirming the sale, shall not be considered.
10. EXTRAJUDICIAL WAYS OF COMPLAINTS CONSIDERATION
1. The Consumer can use extrajudicial ways of complaints consideration and asserting claims as well as the rules of access to such procedures that is a possibility to institute legal proceedings upon agreement of both Parties going to the Permanent Consumer Arbitration Court.
2. The Consumer has a right to go to: – the Permanent Consumer Arbitration Court, running by the Trading Standards Association, with a petition to settle a potential dispute resulted from the sale agreement concluded with Gym Hero® , – the Trading Standards Association Voivodeship Inspector with a petition that the Parties could enter into a mediation proceeding regarding amicable resolution of a potential dispute between the Client and Gym Hero®;
3. The Buyer can obtain the assistance free of charge in the subject of a potential dispute settlement between the Buyer and Gym Hero®, using also the assistance of the District (Municipal) Consumer Advocate or the assistance of a social organisation free of charge (including, among others, the Consumer Federation), which the statutory tasks comprise consumers protection.
1. This website, including its structure, graphic layout, texts, images and graphics as well as the works presented are the exclusive property of Gym Hero® Natalia Dusza and are subject to legal protection in accordance with the act of February 4th, 1994 on copyright and related rights (J. of L. of 2000, No. 80, item 904, as amended).
2. The images on www.gymhero.eu are the property of Gym Hero® Natalia Dusza and the owner does not agree for their copying unless otherwise results from information comprised on the website. In the bookmark “Store” there are also things of other designers than Gym Hero®.
3. No part of this website and in particular, texts, images, graphics and trademarks can be disseminated, both in online publications (also on other websites) and in a printed form, without consent of Gym Hero® Natalia Dusza.
4. Any other trademarks, names and logo comprised on this site are trademarks or reserved trademarks being legal property of their rightful owners.
12. PERSONAL DATA PROTECTION
The personal data processing takes place in accordance with Regulation (EU) 2016/679 of The European Parliament and of The Council of 27 April 2016.
The personal data administrator is GYM HERO Natalia Dusza, VATID: 5170343813, NBRN (National Business Registry Number): 181148535, 36-071 Swilcza, ul. Trzciana 279, e-mail: email@example.com.
The personal data are processed by the Administrator for the purpose of:
A. online services provision,
B. marketing, including profiling and for analytical purposes,
C. adjusting the subsites’ contents to the preferences and interests,
D. statistical measurements and the services improvement.
The personal data shall be processed till the approval revocation for such processing. Otherwise, the data shall be processed only for the period necessary for the agreement fulfilment/services provision and only in justified cases for a longer period (minimal and necessary for proper objectives and rights fulfilment), however, always retaining full compliance of the data processing procedure with the current legislation – it concerns, for instance, data processing after ending the service provision for the purposes of making a complaint or asserting claims in a different way.
The person whose data are processed has a right to demand access to his/her personal data from the Administrator. The Client might also demand their correction, removal or processing limitation.
The person whose data are processed has a right to lodge an objection against processing and transfer his/her data. Moreover, in case of data processing on the basis of consent, the Client has a right to withdraw consent at any moment without the influence on processing compliance with the law, made on the basis of consent before its withdrawal.
The person whose data are processed, has a right to present a claim to the Personal Data Protection Office at any time. The procedure of lodging a claim and additional information can be found on the Website of the Personal Data Protection Office.
The Seller uses proper technical and organisational sources which ensure protection of the personal data processed.
Some personal data are required for the conclusion of a proper agreement or for using some functionalities. The consequence of non-provision of personal data required for conclusion of a proper agreement might be no possibility to perform acts necessary for the conclusion of the agreement effectively, for instance, to make an order or settle it.
13. FINAL PROVISIONS
1. The proper law for all the agreements concluded between the Seller and the Buyer on the provisions determined in the Statute is the Polish Law.
2. To all matters unsettled in this Statute the Civil Code regulations and the current legislation, including in particular, the regulations of the act of May 30th, 2014 on consumer rights and the regulations of the act of July 18th, 2002 on services provision online apply.
3. In case of disputes occurrence on the ground of the agreements concluded, the Parties shall strive to settle them amicably. The settlement of potential disputes between the Seller and the Client being the Consumer shall be subject to settlement by the proper common courts in accordance with the Code of Civil Procedure regulations.
4. To the orders made and the agreements concluded before the effective date of this Statute (that is till December 24th, 2014 inclusively) the prior statute provisions apply. To the orders made and the agreements concluded since December 25th, 2014 this Statute provisions apply.
5. This statute is valid since March 9th, 2016.
Copyright © 2014-2018 Gym Hero® The use of this statute contents as a whole or its fragments without the author’s consent is always the copyright infringement and the culprit bears criminal liability settled by the regulations: art. 115 – 123 of the act of February 4th, 1994 on copyright and related rights (J. of L. of 2006, No. 90, item 631, as amended).