The Statute of the GYM HERO Internet Store
1. ABOUT US
1.1. Dear Users, welcome to our “Gym Hero” website, which we have designed and created that you could acquire our products there.
1.2. In our website’s statute you can find, in particular, the types of services we provide, the conditions of those services provision, the provisions of ordering products and paying for them as well as the mode of complaint proceedings. The statute is made assessible free of charge before the Agreement conclusion. The statute is accessible on [https://gymhero.eu/6-regulamin]. On your request we can also make it accessible in such a way which shall enable you to gain, open and save its contents through sending its contents in PDF format to
the determined e-mail. You can read the document in PDF format with the use of a proper application such as e.g. Adobe® Reader, which can be downloaded free of charge on www.adobe.com.
1.3. The internet store located on www.gymhero.eu is owned by
Natalia Dusza running business activity under the name of Gym Hero Natalia Dusza, and address at Trzciana 279; 36-071 Swilcza, registered into the Business Activity Central Register and Information Record with VATID: 5170343813 and NBRN (National Business Registry Number): 181148535.
1.4. You can contact us:
184.108.40.206.Information on products / orders : firstname.lastname@example.org
220.127.116.11.Information / advice on an exchange / a complaint / returns: email@example.com
18.104.22.168.Cooperation: Piotr Szczepański firstname.lastname@example.org and Marek Sapryk email@example.com
1.4.2. By Phone under 501 350 906 (The charge for one connection according to the carrier’s tariff used by the person making
the phone call).
1.4.3.During customer service office hours, it means on working days between 9:30 a.m. and 4 p.m. The e-mails sent after customer service office hours shall be answered not earlier than on the next working day.
1.5. Whenever this Statute uses one of the following terms, they should be understood as defined below:
1.5.1. Completion time – a time at which Gym Hero prepares
the ordered Commodity for dispatch with its delivery date;
1.5.2. Working days – week days from Monday to Friday, excluding public holidays;
1.5.3.Gym Hero - Natalia Dusza running business activity under
the name of Gym Hero Natalia Dusza, and address at Trzciana 279; 36-071 Swilcza, registered into the Business Activity Central Register and Information Record with VATID: 5170343813 and NBRN (National Business Registry Number): 181148535.
1.5.4. Civil Code - an act of April 23rd, 1964 (J. of L. of 2018, item 1025, as amended);
1.5.5.Consumer – a natural person who makes a legal transaction with Gym Hero (including the sale agreement conclusion) unrelated directly to his/her business activity or professional activity;
1.5.6. Buyer – an entity which concluded a sale agreement with
a Seller by means of the Internet Store (a Consumer, a legal person or an organisational unit without legal personality) (also further referred to as “the Client”);
1.5.7. Statute – this Statute determining general conditions of Commodity sale and rules of services provision online by Gym Hero Natalia Dusza with a seat at Trzciana 279, 36-071 Swilcza, by means of a 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 2017, item 1219, as amended);
1.5.8. Complaint – a course of action in case of the sold Commodity physical or legal defect occurrence;
1.5.9. Warranty – a way of seeking responsibility from Gym Hero in relation to a physical defect revealed (non-compliance with the agreement) or a legal defect of the Commodity purchased;
1.5.10.Internet Store – a service available on www.gymhero.eu run by GymHero, enabling orders making online;
1.5.11.Seller – Gym Hero
1.5.12.Commodity - a movable which is a subject of a sale agreement concluded by and between the Buyer and the Seller, for sale in the Internet store;
1.5.13. Remote agreement – an agreement concluded by Gym Hero with a Consumer (including a Commodity sale agreement) without the physical presence of the Consumer, with
an exclusive use of one or a larger number of remote communication means till the moment of the agreement conclusion inclusively;
1.5.14. Consumer rights act – an act on consumer rights of May 30th, 2014 (J. of L. of 2017, item 683, as amended);
1.5.15. Online services provision act – an act on services provision online of July 18th, 2002 (J. of L. of 2017, item 1219, as amended);
1.5.16. Essential defect – a base which enables the Consumer within the Complaint using particular laws under the warranty, assumed in separate regulations, included also in the Civil Code;
1.5.17. Physical defect:
22.214.171.124.A physical defect is Commodity’s non-compliance with the Agreement when:
126.96.36.199.1. 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;
188.8.131.52.2. The Commodity has no properties of which
the Buyer has been ensured by the Seller
or advertisement published by Gym Hero.
184.108.40.206.3. 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;
220.127.116.11.4. The Commodity has been issued to the Buyer in an incomplete state;
18.104.22.168. 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.
1.5.18. Legal defect – the Commodity’s non-compliance with
the Agreement in case when:
22.214.171.124. it is owned by a third party;
126.96.36.199. it is encumbered by a right of a third party;
188.8.131.52. the limitation as to the use of the commodity or its management results from a decision or a decree of
a proper body;
1.5.19.Order – submitting a statement of a Commodity purchase intent by the Buyer, not equivalent to the Commodity sale agreement conclusion till the Order confirmation by Gym Hero.
1.6. Although we are trying to develop, modernise and improve our Internet Store, be aware that we grant a licence to you for using the Internet Store ‘as is’, which means that we grant a licence for using the Internet Store in a state in which the website is now, not giving any guarantees of quality or other statements different than those we determined in the Statute.
1.7. Subject to limitations resulting from the applicable national laws in force, we shall not bear responsibility for errors in data transmission, in particular, caused by failure of ICT systems, telecommunications systems or power supply systems, errors in data transmission resulting from delays in the external operator action ensuring data transmission, damage caused in relation to the website or its use, or an inability to use the website by the user, or as a result of improper operation, errors, shortages, disruptions, defects, delays in operation or data transmission, computer viruses, line failure or IT system failure.
1.8. We protect the data stored on the Website, among others, through
the use of a coded connection as well as other solutions protecting your data on the website.
1.9. You can use the Internet Store only after your 13th birthday.
1.10. Gym Hero does not restrict access to the Internet Store in any way to the citizens of the third countries from the territory of the European Union (others than Poland). The website is accessible to all persons living on the territory of the European Union (including
the Commodities purchased which can be delivered on the territory of all the European Union).
1.11. We recommend that you check if we or one of our authorised partners is running a local Gym Hero website in your country (if you do not live on the territory of Poland) or closer to your country before you make a purchase. Using the local website might reduce the commodity delivery costs to your living place. You shall find the list of Gym Hero Stores selling commodities from the territories of other countries on our Internet Store website. When you acknowledge that purchases in a different Internet store are more favourable to you in terms of price and delivery cost, on account of your place of stay, we shall offer you transfer to a different local website. You are not bound by our recommendation. The refusal of transfer to a local website shall be treated as a willingness to purchase products by means of our Internet Store.
2. GENERAL INFORMATION
2.1. The Statute determines the sale agreement conclusion
and fulfilment rules of the Commodities that can be found in
the Internet store’s offer.
2.2. To make an order in the Internet Store the Buyer should possess
a processor 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, Safari) as well as a keyboard or another pointing device which enables correct completion of electronic forms. Remember that not all browsers ensure the same comfort of websites use.
2.3. 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.
2.4. 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 particular Commodity.
2.5. All Commodities offered in the Gym Hero Internet store are
brand-new, free of physical and legal defects and have been sewn or produced as Gym Hero original patterns on the Polish market. Gym Hero makes every effort that images, descriptions
and technical data of the Commodities presented reflect reality.
A way of colour display, however, depends on the operational system used and hardware at the Buyer’s disposal.
2.6. Size in centimetres is provided according to the tables of the Gym Hero fitness brand. If the Buyer is not certain about the determined size table, he/she should contact the Seller asking for sending
the product exact measurements to the e-mail determined for provision of information on the products shown in sec. 4.1.1 of
2.7. All trade names, commodities names, names of companies and their logos used on the Internet Store website belong to their owners
and are used exclusively for identification purposes. They can be reserved trademarks. All materials, descriptions and images presented on the store websites are used for information purposes.
2.8. To matters unsettled by this Statute regulations of Polish law apply, including the Civil Code and the consumer rights act.
2.9. The provisions of this Statute do not exclude and do not limit
the rights of the Buyer being a Consumer, he/she has by separate laws. In case of a discrepancy between this Statute provisions
and effective laws giving the Consumer rights, effective laws have precedence.
3. MATTER OF THE PROVISION
3.1. Gym Hero offers the Buyers commodities from fashion fitness branch (clothing, additions, accessories, lifestyle) by means of
the Internet Store.
3.2. The Buyer is obliged to pay the price of the Commodity ordered by means of the Internet Store.
3.3. The Seller is obliged to deliver the Commodities free of physical and legal defects to the Buyers.
4. COMMUNICATION METHODS WITH THE SELLER
4.1. Gym Hero provides the ways of communication determined in
sec. 1.4 of the Statute.
4.2. The Seller contacts the Buyer by e-mail or telephone on
5.1. The Commodities’ prices offered on www.gymhero.eu from
the moment of making an Order are binding. The prices offered are final prices; it means that they also include VAT valid on
the territory of Poland, at the amount current at the moment of making an Order. The cost of dispatch whose amount is dependent on the selected form of delivery and payment is added to
the commodity’s price.
5.2. The Commodity’s price is binding after a confirmation of receiving the Order by the Seller, 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 that can occur in relation to particular Commodities during fulfilment of a particular Order.
5.3. In case of the products ordered incorrect price recognition,
the Seller shall inform the Buyer of this fact as soon as possible, giving him/her a possibility of confirming the Order with the correct price or the Order cancellation. If the Seller is unable to contact
the Buyer, the Seller shall recognise such an Order as cancelled
and all the paid amounts shall be returned to the Buyer in whole.
5.4. On no account is Gym Hero obliged for sale of any Commodity for an incorrect or lower price when the price error is obvious
and unquestionable and the Buyer could easily recognise that it is an error.
6. MAKING ORDERS
6.1. Gym Hero conducts sale of Commodities offered by means of
6.2. Orders can be made 24 hours a day all year, excluding hours or days when the access might be limited for technical reasons. Orders fulfilment takes place on Working days between 9:00 a.m. and 4:30 p.m.
6.3. Orders made on weekdays after 3.00 p.m., on Saturdays,
on Sundays and on public holidays shall be fulfilled on the next Working day not before crediting the payment, while processing payment in advance.
6.4. 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 as well as a mode of delivery confirmation.
6.5. If there is information “OUT OF STOCK” by a particular product, the Commodity marked in such a way shall not be for sale anymore or is not currently available at the stock, to gain information on
the product accessibility please contact the Store personnel on: firstname.lastname@example.org
6.6. The condition for the order fulfilment is correct completion of
the order form that can be found on the Internet store website.
The Seller does not bear any responsibility for incorrect completion of the order form and consequences resulting from it.
6.7. In order to make a purchase the Buyer:
6.7.1. can register providing the data necessary for the order fulfilment (name, surname, e-mail, login and password);
6.7.2. can use fast purchases – in case of choosing this option there is no need for registration.
6.8. 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. The Buyer should also provide his/her telephone number and e-mail which shall be necessary for the order confirmation, including the contact with the Buyer concerning the Order. The incorrectly completed registration forms can hinder or even make the order fulfilment impossible.
6.9. 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 Internet Store by mobile
or by e-mail. Gym Hero reserves a possibility of confirming
the order acceptance by mobile.
6.10. The Seller reserves a right to cancel the order in case of:
6.10.1. incorrect or partial completion of the order form and
no confirmation of the order which make the order acceptance for fulfilment impossible,
6.10.2. 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),
6.10.3. the lack of the Commodities parcel successful delivery to
6.11. 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 the accessible ways of communication determined in
par. 5 sec. 8.
6.12. The order making and its confirmation is tantamount to
the Commodity ordered purchase-sale agreement conclusion in
the meaning of the Civil Code regulations. At that moment
the Seller acquires a right for personal data processing for
the purposes related to the order fulfilment.
6.13. The Buyer can make changes to the order made or withdraw the order by e-mail writing at: email@example.com only till
the moment of sending the order to an execution department
(the change of the order status to Preparation in progress).
6.14. The discounts granted to the Buyer are not linked with
the Internet Store’s special offers.
6.15. The Internet Store www.gymhero.eu – accepts payment by transfer, PayU, PayPal and cash on delivery.
6.16. In case of payments by transfer:
6.16.1. payments should be made to the following bank account number
184.108.40.206. in case of payments in PLN: Mbank 29 1140 2004 0000 3102 7529 8499
220.127.116.11. in case of payments in EUR: mBanku BREXPLPWMBK IBAN: PL29 1140 2004 0000 3102 7529 8499
6.16.2.The owner of the bank account is Gym Hero Natalia Dusza, Trzciana 279 36-071 Trzciana
6.16.3.Please provide the necessary order code in the subject of payment.
7. TIME AND COSTS OF ORDER FULFILMENT
7.1. In case of parcels labelled cash on delivery the Seller begins
the Order fulfilment immediately (on the first working day) after the receipt confirmation of the order made and in other cases after the payment has been credited to the bank account.
7.2. 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 the Commodity’s dispatch. 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.
7.3. 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
7.4. 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.
7.5. 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.
7.6. 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.
7.7. 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.
7.8. No receipt of the parcel and its return to the Seller results in charging the Buyer for the costs of its subsequent dispatch if
the Buyer reports the willingness of posting the parcel again
and expresses the will to receive it. Otherwise the parcel’s return shall be treated as the return of the Commodity by the Buyer.
8. DELIVERY COSTS
8.1. Deliveries are made by a Courier selected by the Seller determined during making the Order.
8.2. Deliveries are made after a prior payment for the Order unless
the Buyer chooses the option of cash on delivery.
8.3. The ordered Commodity is sent to the address provided in the form as the delivery address.
8.4. The delivery cost is dependent on the selected mode of delivery
and method of payment in the “Basket“ panel, in the “Mode of delivery” bookmark.
8.5. The delivery costs provided in the “Basket“ panel are binding on the territory of Poland.
8.6. The costs of parcels to other countries are agreed individually with the Buyer separately for each order.
9. COMMODITY EXCHANGE
9.1. Upon the Buyer’s request all the Commodities purchased in
the Internet Store can be subject to exchange within 14 days since the date of the parcel’s receipt.
9.2. In case of the Commodity exchange, the Buyer shall be burdened only with the cost of the Commodity redispatch resulting from
the selected mode of delivery.
9.3. In case of the Commodity exchange for the Commodity of a higher value, the Buyer shall be obliged for payment of a surcharge to
the amount of the Commodity selected binding as for the day of
the choice. In case of the Commodity exchange for the Commodity of a lower value, the price differential shall be returned to the bank account determined by the Buyer.
9.4. The exchange takes place upon the prior exchange settlement in accordance with sec. 4.3 above, the mode of delivery selected
and payment of the Commodity redispatch cost by the Buyer.
9.5. 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 original and undamaged packaging to the address of the Internet Store.
9.6. 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.
9.7. The exchange fulfilment time is from 2 to 14 working days, counting from the moment of the commodity’s parcel receipt being subject to exchange and crediting payment by Gym Hero as referred to in par. 4 sec. 4 of the Statute.
9.8. The commodity’s parcel being subject to exchange should be sent to the following address: Inforsys S.A, ul. Przemyslowa 2, Sosnowiec - Pienki; 95-010 Strykow, enclosing the completed Commodity exchange form comprising name, surname, order number, information on the demand of the commodity exchange, address to which the commodity exchanged shall be sent.
The Commodity which is subject to exchange should be sent in original packaging. The commodity being subject to exchange cannot have visible signs of use.
9.9. The principles described in the Act on consumer rights cannot be used by persons who purchase particular products in relation to their business activity.
9.10. We exchange commodities by courier only – there is no possibility to visit the GYM HERO office in person.
10. THE RIGHT TO THE WITHDRAWAL FROM
THE AGREEMENT AND ITS RESULTS
10.1. The consumer who purchased the Commodity in the Internet Store has a right to withdraw from the Commodity’s sale agreement within 14 days, since the day after the day on which the Consumer or the third person determined by the Consumer, not being a carrier came into possession of the product. To keep within the 14-day period, the statement on the withdrawal should be sent to the Seller before the end of this period.
10.2. In order to use the right to withdraw from the agreement,
the Consumer should inform Gym Hero of his/her decision regarding the withdrawal from the agreement (mobile: 501 350 906, e-mail: firstname.lastname@example.org) by an unequivocal statement of intent (e.g. sending it by e-mail). The Buyer can inform the Seller of using the above right by means of the withdrawal from the agreement sample form below. 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.
10.3. The sample form of withdrawal from the agreement.
You can use the right of the withdrawal from the agreement through sending the completed form presented below. Alternatively the Consumer can also withdraw from the agreement in the mode presented above.
- Addressee: Gym Hero Natalia Dusza
- I/We(*) hereby inform of my/our withdrawal from the sale agreement of the following things (*)
- Agreement conclusion date (*)/receipt date (*)
- Consumer(s) name and surname
- Consumer(s) address
- Consumer(s) signature (only if the form is sent in a printed form)
(*) cross out as appropriate
Please send the form to the following address:
Gym Hero ul. Pesztenska 8/1, 03-925 Warsaw, mobile: +48 501350906, e-mail: email@example.com
10.4. The results of the withdrawal from the agreement:
10.4.1. 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 cheapest 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 withdrawal from
10.4.2. 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 payment return. In case when the Buyer chooses ‘cash on delivery’ payment, the Seller returns payments to the bank account determined by the Buyer.
10.4.3. The Seller might suspend the Consumer’s payment return till the Commodities’ delivery time to the Seller or provision of
the Commodities‘ dispatch evidence by the consumer depending on which event takes place earlier. The Buyer should dispatch the returned Commodity to the address: Inforsys S.A, ul. Przemyslowa 2, Sosnowiec - Pienki, 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.
10.4.4. The Buyer using the right to withdraw from the agreement incurs direct costs of the Commodity’s return.
10.5. 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.
10.6. The Seller does not accept returns in person at the company’s seat. Please send the returns by courier or by post. It is recommended that the Buyer retains the number necessary for tracking the posted parcel.
11.1. 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.
11.2. The basis for the complaint acknowledgement is a receipt,
a VAT invoice, the order confirmation by e-mail or another evidence of payment (e.g. a transfer confirmation by a bank
or evidence that the credit card has been charged).
11.3. The Buyer should provide the details of the complaint
in the complaint form, 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.
11.4. Gym Hero shall inform the Buyer being the Consumer of its decision in the scope of the filed complaint’s relevance within
14 days since the day of filing the complaint by the Buyer
if the Buyer filed a demand of the products exchange or defect removal, or filed a declaration on the price decrease, determining the amount by which the price is to be decreased.
11.5. Gym Hero shall inform the Buyer of its decision within
30 days since the day of receiving the complaint from the Buyer.
11.6. The parcel with the complained Commodity should comprise the Buyer’s statement, including quite a detailed description of
the Commodity’s defect, the purchase evidence as referred to in
sec. 6.2 above 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.
11.7. 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.
11.8. In the event when the Commodity complained is not accepted by the Buyer, Gym Hero shall call the Buyer in writing or possibly in a different way agreed with the Buyer to accept 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.
11.9. The complaint made by the Buyer not being the Consumer, without the attached document confirming the sale, shall not be considered.
12. EXTRAJUDICIAL WAYS OF COMPLAINTS CONSIDERATION
12.1. 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.
12.2. 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;
12.3. 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), whose the statutory tasks comprise consumers protection.
13.1. 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 2017, item 880, as amended).
13.2. 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 “Store” bookmark there are also things of other designers than Gym Hero.
13.3. No part of this website and in particular, texts, images, graphics and trademarks can be downloaded and disseminated, both in online publications (also on other websites) and in a printed form, without consent of Gym Hero Natalia Dusza.
13.4. Any other trademarks, names and logo comprised on this site are trademarks or reserved trademarks being legal property of their rightful owners.
14. PERSONAL DATA PROTECTION
14.1. 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.
14.2. The personal data administrator is GYM HERO Natalia Dusza, VATID: 5170343813, NBRN (National Business Registry Number): 181148535, 36-071 Swilcza, ul. Trzciana 279,
14.3. The personal data are processed by the Administrator for
the purpose of:
14.3.1. online services provision,
14.3.2. marketing, including profiling and for analytical purposes,
14.3.3. adjusting the subsites’ contents to the preferences
14.3.4. statistical measurements and the services improvement.
14.4. 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.
14.5. 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.
14.6. 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.
14.7. 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.
14.8. The Seller uses proper technical and organisational sources which ensure protection of the personal data processed.
14.9. 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 the 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.
15. FINAL PROVISIONS
15.1. 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.
15.2. To all matters unsettled in this Statute the Civil Code regulations and the current legislation, including in particular,
the regulations of the Act on consumer rights and the regulations of the Act on services provision online apply.
15.3. 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.
15.4. To the orders made and the agreements concluded before
the effective date of this Statute (that is till February 6th, 2019 inclusively) the prior statute provisions apply. To the orders made and the agreements concluded since February 7th, 2019 this Statute provisions apply.
15.5. This statute is valid since February 7th, 2019.
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