a) Shop e-mail address – email@example.com;
b) Client – making Order natural person who is over 13 years of age and has full legal capacity (including the Consumer) as well as a legal person or an organizational unit that is not a legal person, but the special provisions accord it with legal capacity;
c) Shop phone number – phone number +48 32 229 83 01;
d) Consumer – a natural person who in the Sale Agreement and Services Agreement operates for purposes not directly related to its business or professional activity;
e) Third party – a natural person, a legal person, as well as an organizational unit that is not a legal person, but the special provisions accord it with legal capacity, which is not a Seller, a Client or an Account User;
g) Online Store (Shop/Store) – Internet service available at wrestling.com.pl, through which the Client (and also the Account User) may place Orders for Goods;
h) Party/Parties – Seller, Client and Account User;
i) Store Website – website wrestling.com.pl;
j) Account User – a natural person who is over 13 years of age and has full legal capacity (including the Consumer) as well as a legal person or an organizational unit that is not a legal person, but the special provisions accord it with legal capacity, which has personalized access to the Account in the Online Store or which for the creation of an Account it presume;
k) Account – account kept for the Account User as part of the Online Store resource (profile), access to which is possible after entering the Login and Password which contains the Account User data and information about its activities as part of the Online Store, through which the Account User may use functionality of the Online Store;
l) Login – Account User e-mail, allowing identification of the Account User in the Online Store, indicated by the Account User himself during the registration process;
m) Password – sequence of letters, numbers and symbols, necessary to authorization while accessing the Account, determined independently by the Account User during the registration process;
n) Goods – a material thing presented for purchase on Website of the Shop;
o) Sale Agreement – agreement by which Seller is obliged to transfer to the Client an ownership of Goods and gives him a Goods and Client is obliged to collect Goods and pays for it to Seller, concluded by electronic means under an organised distance sales scheme without the simultaneous physical presence of the Parties, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded (by website, phone, mails);
p) Services Agreement – agreement by which Seller is obliged to provide free Services for Account User, concluded by electronic means under an organised distance sales scheme without the simultaneous physical presence of Parties, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded (by website);
q) Seller – F.H. JAREX-WRESTLING Jarosław Siuj, address: ul. Reymonta 48/8, 41-103 Siemianowice Śląskie, holder of a VAT identification number: 6431036187, REGON 272790497;
s) Services – a set of activities performed on the basis of a Services Agreement consisting in the establishment and maintenance of an Account in the Shop.
II. General conditions.
3. Intellectual property rights to the content made available through the Store, in particular copyright and industrial property rights in the name, domain and logotype of the Store, as well as its graphic, verbal and word-graphic elements (e.g. descriptions of Goods), Store software and rights in the field of databases are subject to legal protection and are vested in the Seller or entities with whom the Seller has concluded relevant agreements.
4. All Goods and names presented on the Store Website are used for identification purposes only and may be registered trademarks.
5. Information about the Goods provided in the Store, in particular their descriptions, technical and functional parameters as well as prices constitute an offer within the meaning of the Polish Civil Code.
6. The Seller undertakes actions to ensure the fully correct operation of the Store, to the extent that results from current technical knowledge and undertakes to remove in a timely manner irregularities that have been properly reported by the Clients, Account Users or identified by the Seller.
7. The Seller shall not be liable for differences between the actual appearance of the Good and its presentation on the Store’s Website. Photos of the Goods are for reference only.
III. Rules for using the Store.
1. The Website is intended for mobile devices (smartphone, tablet, etc.) operating on Android and iOS operating systems and for use within web browsers, installed on operating systems of computers.
2. The Client and the Account User are obliged in particular to:
a) using the Store Website in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
b) using any content posted in the Store in such a way that there is no copying or reproduction in part or all of the elements protected by exclusive rights of the Store’s Website, in particular information, content, data, photographs, images, drawings, icons, descriptions of Goods and signs goods.
IV. Conclusion of the Sale Agreement through the Store.
2. In order to conclude a Sale Agreement through the Store, go to the Store's Website, then select the Good available in the Store and place an Order with an indication of the place of delivery of the Good, taking further technical actions based on messages or information displayed to the Client (Order form), by phone on Shop phone number or by e-mail on Shop e-mail address.
3. Placing an Order does not require an Account.
4. Orders in the Store can be placed 24 hours a day on all days of the week in the case of Orders placed by the Store Website or by email, and in the case of Orders placed by phone during the Store's working hours (7:00 am to 3:00 pm) from Monday to Friday, except on public holidays work in Poland. Orders can be placed from any country or territory, however, acceptance of an Order from outside Poland or carried out outside Poland requires the prior approval of the Seller.
5. An Order placed outside the Store's operating time specified in paragraph 4 above will be processed the next business day.
6. You can contact the Seller:
a) by phone at the Store’s Phone Number – during the Store’s business hours (7:00 am to 3:00 pm) from Monday to Friday, except public holidays in Poland,
b) using the contact form placed on the Store’s Website,
c) by e-mail to the Store’s e-mail address.
8. After placing the Order, the Client receives an e-mail confirming acceptance of the Order.
9. After reviewing and verifying the Order, the Client receives an email confirming all relevant elements of the Order and the fact of concluding the Sale Agreement.
10. A prerequisite for acceptance of the Order (which is confirmed in accordance with the provisions of paragraph 8 above) is the correct giving of the Client's data in the order form or by telephone or e-mail. If the Seller has any doubts as to the correctness of the Client's data, the Seller verifies this data, for example by contacting the Client. If it is impossible to contact the Client or verify the Client's data for reasons attributable to the Client, the Order will be canceled by the Seller.
11. In the case of an individual order, i.e. a Good which is not in the Store's warehouse and is imported for the Client on a separate Store order - the confirmation referred to in paragraph 8 above will contain information about the specifications of such an individual order. Information about the specification of such an order is also indicated on the Store's website in a visible place when selecting the Good and summary of the Order.
12. For the implementation of the individual order referred to in paragraph 11 above, a prepayment of Goods price and parcel costs by the Client is required.
13. The prices of the Goods are given on the Store's website in the selected currency and costs of parcel are added to them, however they do not include additional fees and taxes other than those appropriate for the place from which the Seller sends the Goods. If other taxes as well as additional fees related to local law (including customs duty, excise duty, VAT) apply on the territory of which the Order is made, the Client is obliged to pay them by himself.
14. In the case of the Sale Agreement concluded through the Store or in the manner referred to in paragraph 6 letter a and c above, the Client can pay the price:
a) cash on delivery of the Goods – the possibility of payment in this way only in cases where it is clearly indicated on the Store’s Website, by the phone during a conversation with the Seller’s representative before placing the Order or by email by the Seller after the Seller receives the Order by e-mail,
b) by electronic payment via the payment operator indicated in the Order form (does not apply to Orders placed in accordance with paragraph 6 letter a and c above),
c) to the Seller’s bank account number: 02 1050 1357 1000 0010 0373 2656, and in case of payments done outside Poland, to the Seller’s bank account number (IBAN): PL 02 1050 1357 1000 0010 0373 2656 – payments in PLN, PL 90 1050 1357 1000 0023 1297 9939 – payments in EUR.
15. The Goods are delivered to the Client via the postal operator, courier or shipping company. The deadline for delivery of the Goods is generally up to 5 business days (deliveries in Poland) from the date of delivery to the Client of the e-mail message referred to in paragraph 9 above if the Client chooses the payment method referred to in para. 14 letter a above or up to 5 business days from the day the Seller receives the payment, if the Client choose the payment method referred to in para. 14 letter b and c above (as long as the Goods are in the Seller’s warehouse). If the Good is not in the Seller’s warehouse, the time of delivery of the Good is up to 5 business days from the day on which the Good is in the Seller’s warehouse, on which date the Client is informed by the Seller, if the Client chooses the payment method referred to in para. 14 letter a. If the Client chooses the payment method referred to in para. 14 letter b and c above, the deadline of 5 business days from the day on which the Good is in the Seller’s warehouse (about which date the Client is informed by the Seller) applies only if the Client has made payment before the date of delivery of the Good to the Seller’s warehouse. If the Client has not made the payment before the date of delivery of the Goods to the Seller’s warehouse, the delivery period of up to 5 business days shall be counted from the day the Seller receives the payment in the manner referred to in para. 14 letter b and c above. In case of parcels realized:
a) to European Union member states (except Poland), all provisions of this paragraph shall apply accordingly, except that the 5-day delivery period of the Goods is extended to 14 days,
b) outside European Union, all provisions of this paragraph shall apply accordingly, except that the 5-day delivery period of the Goods is extended to 30 days.
16. The Client may not agree to the performance of the Sale Agreement if the Goods are not in the Seller's warehouse and the Seller is obliged to inform the Client about the date of availability of the Goods. In the absence of consent to the implementation of the Sale Agreement, the above agreement is considered terminated by mutual consent. The day of the statement of disagreement is the day when the statement is delivered to the Seller in a way that allows him to read the Client's statement.
17. If only part of the Goods covered by the Order is not in the Seller's warehouse, the Sale Agreement at the express request of the Client may be modified by removing the above Goods from the content of the Order. The provisions of paragraph 16 above shall apply accordingly to Goods from which the Client resigns. The day of making the request is considered the day the statement is delivered to the Seller in a way that allows him to read the Client's statement.
19. The statement referred to in para. 16 and 17 above, submitted after joining the Seller to perform the Order, shall be considered ineffective.
20. All requests for a specific time of delivery or change of payment method should be entered in the notes to the Order, sent by e-mail to the Store's e-mail address (in the case of placing an Order by this method) or by phone (in the case of placing an Order by this method).
21. The Client may collect the Goods in person in one of the Seller's warehouses. In the event of personal collection, the Client will be informed by the Seller of the address of the warehouse in which collection will be possible.
V. Conclusion of the Services Agreement.
1. The Account User concludes the Services Agreement via the Online Store. The Services Agreement will be concluded upon receipt by the Account User of the e-mail message referred to in paragraph 7 below.
2. An Account User may have more than one Account. The Account is assigned to an email address, therefore it is impossible to re-open the Account for the email address to which the Account is assigned.
3. In order to conclude the Services Agreement through the Online Store, complete the registration form, taking further technical steps based on the messages and information displayed to the Account User, including indicating the Account Login and Password.
4. Account registration can be made 24 hours a day on all days of the week.
7. After reviewing and verifying the registration of the Account User, an Account is automatically created and the Account User receives an email confirming the conclusion of the Services Agreement.
8. The necessary condition for Account registration (which is confirmed in accordance with the provisions of paragraph 7 above) is the correct provision of the Account User's data in the registration form, as well as checking all required fields. In the event of an incorrect provision of data by the Account User during the Account registration process or failure to mark all required fields, an Account for such a person is not created.
9. The Services do not specify a minimum duration of them. The Account User may resign from the Services at any time by submitting to the Seller a request to delete his Account.
VI. Information on withdrawal from the Agreement by the Consumer.
1. The Client who is a Consumer has the right to withdraw from the Sale Agreement within 14 days without giving any reason.
2. The deadline to withdraw from the Sale Agreement expires after 14 days from the day on which the Client who is a Consumer came into possession of the Goods or on which a third party other than the carrier and indicated by the Client who is a Consumer came into possession of the Goods.
3. To use the right of withdrawal from the Sale Agreement, the Client who is a Consumer is obliged to inform in writing under the Store's correspondence address or to the Store's e-mail address about his decision to withdraw from the Sale Agreement by an unequivocal statement (letter sent by post, courier or e-mail).
4. The Client who is a Consumer may use the model withdrawal form on the Store Website, but it is not mandatory.
5. To meet the deadline for withdrawal from the Sale Agreement, it is sufficient for the Client who is a Consumer to send information regarding the use of his right to withdraw from the Sale Agreement before the deadline to withdraw from the Sale Agreement.
6. In the event of withdrawal from the Sale Agreement, the Seller returns to the Client who is a Consumer all payments received from that Client, including the costs of delivery of the Goods (except for additional costs resulting from the method of delivery chosen by the Client who is a Consumer other than the cheapest usual delivery method offered by the Seller), immediately, and in any case not later than 14 days from the day on which the Seller was informed about the decision of the Client being a Consumer to use the right to withdraw from the Sale Agreement.
7. The reimbursement of payments referred to in para. 6 above, the Seller uses the same payment methods that were used by the Client who was a Consumer in the original transaction, unless the Client who is a Consumer expressly agrees to another solution. In any case, the Client who is a Consumer does not bear any fees in connection with this return.
8. The Seller may withhold reimbursement until receipt of the Good or until proof of its return is provided to him, whichever occurs first.
9. The goods should be returned to the Seller immediately and in any case not later than 14 days from the day on which the Client who is a Consumer informed the Seller about the withdrawal from the Sale Agreement. The deadline is met if the Client who is a Consumer sends the Goods back within 14 days.
10. The Client who is a Consumer is obliged to bear the direct costs of returning the Goods.
11. The Client who is a Consumer is only liable for a decrease in the value of the Goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Good.
12. The Client is obliged to properly protect the Good against its return against physical defects (including mechanical damage).
VII. Non-compliance of the Goods with the Agreement and Client complaint.
1. Without prejudice to the provisions of para. 4 to 6 below, if after receiving the parcel it turns out that the Goods have physical defects (including mechanical damage) arising during delivery or inherent in the Goods, please send the parcel to the Seller. In this case, the Goods are subject to exchange for full-value (free from physical defects).
2. When collecting the parcel with the ordered Good, the Client should check the parcel and if it is found:
a) mechanical damage to the contents of the shipment,
b) incomplete shipment or
c) the content of the shipment does not match the subject of the Order
- The Client is entitled to refuse delivery. In this case, the Client should immediately notify the Seller of the situation in order to prepare the re-dispatch of the Good.
3. In order to deal with complaints more efficiently, if defects in the Good are noticed, it is recommended that the Client apply for a complaint protocol containing a description of the damage made in the presence of the Client and the courier. The above will easily show that the risk of damage was not borne by the Client.
4. In the event of non-compliance of the delivered Goods with the Sale Agreement or any other violation of the Client's rights, the Seller should be notified. The complaint will be considered by the Seller within a maximum of 21 days from the date of successful submission (however within this period the Seller may at the latest send the parcel or send an e-mail responding to the complaint). The date of submission of the complaint is the date on which the complaint is received by the Seller. In the complaint, the Client should provide his name, correspondence address and e-mail address, proof of purchase of the goods, as well as the type of infringement of his rights. The above also applies to Clients who are not consumers.
5. In the event of non-compliance of the Services with the Services Agreement or any other violation of the rights of the Account User in connection with the provision of Services, the Seller shall be notified. The complaint will be considered by the Seller within a maximum of 21 days from the date of successful submission (however within this period the Seller may at the latest send the parcel or send an e-mail responding to the complaint). The date of submission of the complaint is the date on which the complaint is received by the Seller. In the complaint, the Account User should provide his name, correspondence address, telephone number and email address, as well as the type of infringement of his rights. The above also applies to Account Users who are not Consumers.
7. The Seller shall reimburse the costs of delivery of the complained Goods by the Client in the event of a positive consideration of the complaint.
8. The Client may at any time request the resolution of an issue constituting the subject of complaint proceedings by a Third Party and for this purpose:
a) apply to the mediator or institutions before which mediation proceedings will take place with a request for mediation,
b) apply to the institution before which amicable proceedings are pending with a request for consideration of the case by the arbitration court,
c) if it is a Polish consumer, seek the assistance of a competent consumer ombudsman or other entity performing similar functions.
9. At http://ec.europa.eu/consumers/odr there is a platform available for online dispute resolution between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract.
10. In order to remove any doubts, the instruction referred to in para. 8 or 9 above does not constitute an arbitration agreement or automatic consent of the Seller to participate in mediation or arbitration proceedings.
VIII. Special offers, promotions and discounts.
For selected Goods may apply periodically:
a) a special offer, the detailed conditions of which may be included in separate regulations,
b) promotion, the detailed conditions of which may be included in separate regulations,
c) discount, the detailed conditions of which may be included in separate regulations.
IX. Resignation from the Order.
1. The Client is entitled to withdraw the placed Order if the Order has not yet been processed and has not been ordered for shipping. For this purpose, the Client should contact the Seller via the contact form placed on the Store's website, by phone to the Store's Telephone Number or by e-mail to the Store's e-mail address and use it to submit a declaration of cancellation of the Order, providing a unique order number, e-mail address, first name and last name. The data in the declaration of resignation must be consistent with the data from the Order. If the conditions referred to in this paragraph are not met, the resignation will not be considered effective and the Order will be completed and the Client will bear all costs related to the concluded Sale Agreement.
2. The possibility of canceling the Order applies only to unpaid Orders.
Goods returned by the Client should be secured so that they are not damaged or destroyed, in particular through the use of appropriate packaging ensuring protection of the Goods against damage. The Client should not wrap the packaging with tapes that can damage the packaging during removal. Goods should be returned in the original packaging in which the Seller sent the Goods to the Client.
1. The Seller shall not be liable for technical problems or technical restrictions occurring in computer equipment, terminal equipment, ICT system and telecommunications infrastructure used by the Client, which prevent the Client from correctly using the Store and the services offered through it.
2. The seller is not responsible for:
a) loss of data by the Client and the Account User due to a failure of the equipment, system or other circumstances arising for reasons not attributable to the Seller;
c) the speed of data transfer and related restrictions, resulting from the occurrence of technical, technological or infrastructural circumstances not attributable to the Seller.
XII. Transitial and final provisions.
1. Settlement of any disputes arising between the Seller and the Client as well as the Seller and the Account User who are not Consumers shall be subject to the court having jurisdiction over the seat of the Seller.
3. In order to avoid any doubts, the Seller, who is only an entity dealing in the sale of Goods, declares that it is not intended to suggest in any way a connection with trademarks, trade names, designations of producers and companies that have been used on the Store's Website.
4. It is prohibited to copy or reproduce, in whole or in part, elements of the Store Website protected by exclusive rights, in particular information, content, data, photographs, images, drawings, icons, product and brand descriptions and any content of the Store Website.