Online shop terms
This translation is provided for information only. The Polish version is legally binding.
The Online Shop www.riotopgym.pl respects consumer rights. A consumer may not waive the rights granted to them under the “Ustawa o Prawach Konsumenta” (Polish Consumer Rights Act). Contractual provisions less favourable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Terms are not intended to exclude or limit any rights of consumers to which they are entitled under mandatory provisions of law, and any doubts should be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and the above provisions, those provisions take precedence and shall be applied.- 1. General provisions
- 2. Electronic services in the online shop
- 3. Conditions for concluding a sales agreement
- 4. Methods and deadlines for payment for the product
- 5. Cost, methods and time of delivery and collection of the product
- 6. Product complaints
- 7. Out-of-court methods of handling complaints
- 8. Right of withdrawal from the contract
- 9. Provisions concerning entrepreneurs
- 10. Final provisions
- 11. Model withdrawal form
1. General provisions
- 1.1. The Online Shop available at the web address riotopgym.pl is run by MLV95 SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at ul. marsz. Józefa Piłsudskiego 18C, 50‑033 Wrocław, NIP (Tax Identification Number): 5223041174, e‑mail address: biuro@riotopgym.pl
- 1.2. These Terms are addressed both to consumers and to entrepreneurs using the Online Shop (with the exception of point 9 of the Terms, which is addressed exclusively to entrepreneurs).
- 1.3. The controller of personal data processed in the Online Shop in connection with the implementation of the provisions of these Terms is the Seller. Personal data are processed for the purposes, to the extent and on the basis of the legal grounds and principles set out in the privacy policy published on the Online Shop website. The privacy policy contains, above all, the rules on the processing of personal data by the Controller in the Online Shop, including the grounds, purposes and scope of the processing of personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Shop. Using the Online Shop, including making purchases, is voluntary. Likewise, the related provision of personal data by the Service Recipient or Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the agreement and the Seller’s statutory obligations).
Definitions
2. Electronic services in the online shop
- 2.1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.
2.1.1. Account - the Account can be used once the Service Recipient has completed a total of three consecutive steps - (1) filling in the Registration Form, (2) clicking the “Register” field and (3) confirming the wish to create an Account by clicking the confirmation link sent automatically to the e‑mail address provided. In the Registration Form, the Service Recipient must provide the following data of the Service Recipient: first name and surname/company name, address (street, house/flat number, postcode, town, country), e‑mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.
The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, delete the Account (cancel the Account) by sending an appropriate request to the Service Provider, in particular by e‑mail to: biuro@riotopgym.pl
2.1.2. Order Form - use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Shop. An Order is placed once the Customer has completed a total of two consecutive steps - (1) filling in the Order Form and (2) clicking the “Buy and pay” field on the Online Shop website after filling in the Order Form - until that moment it is possible to modify the data entered independently (to do so, follow the messages displayed and the information available on the Online Shop website). In the Order Form, the Customer must provide the following data concerning the Customer: first name and surname/company name, address (street, house/flat number, postcode, town, country), e‑mail address, contact telephone number, and the following data concerning the Sales Agreement: Product/s, quantity of Product/s, place and method of delivery of Product/s, method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
The Order Form Electronic Service is provided free of charge, is of a one-off nature and ends when an Order is placed through it or when the Service Recipient stops placing an Order through it earlier.
2.1.3. Newsletter - the Newsletter is used by entering, in the “Newsletter” tab visible on the Online Shop website, the e‑mail address to which successive editions of the Newsletter are to be sent and clicking the “Subscribe” field.
The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, unsubscribe from the Newsletter (cancel the Newsletter) by sending an appropriate request to the Service Provider, in particular by e‑mail to: biuro@riotopgym.pl or in writing to the address: MLV95 SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at ul. marsz. Józefa Piłsudskiego 18C, 50‑033 Wrocław, NIP: 5223041174, e‑mail address: biuro@riotopgym.pl
- 2.2. Technical requirements necessary to work with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e‑mail; (3) a web browser: Mozilla Firefox version 11.0 or higher or Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling the saving of cookies and JavaScript support in the web browser.
- 2.3. The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good practice, having regard to respect for personal rights and for the copyright and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing unlawful content.
- 2.4. Complaints procedure:
2.4.1. Complaints relating to the provision of Electronic Services by the Service Provider and other complaints relating to the operation of the Online Shop (excluding the Product complaints procedure, which is set out in points 6 and 7 of the Terms) may be submitted by the Service Recipient, for example:
- in writing to the address: ul. Torowa 4, 45‑073 Opole;
- electronically by e‑mail to: biuro@riotopgym.pl
2.4.2. It is recommended that the Service Recipient include in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Service Recipient’s request; and (3) the contact details of the person submitting the complaint - this will make it easier and quicker for the Service Provider to consider the complaint. The requirements given in the previous sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended description.
2.4.3. The Service Provider responds to the complaint without undue delay, no later than within 14 calendar days of the date on which it was submitted.
3. Conditions for concluding a sales agreement
- 3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has first placed an Order using the Order Form in the Online Shop in accordance with point 2.1.2 of the Terms.
- 3.2. The Product price shown on the Online Shop website is given in Polish zlotys and includes taxes. The Customer is informed on the Online Shop pages while placing the Order, including at the moment the Customer expresses the will to be bound by the Sales Agreement, of the total price including taxes of the Product that is the subject of the Order, as well as of the delivery costs (including charges for transport, delivery and postal services) and other costs, and where the amount of these charges cannot be determined - of the obligation to pay them.
- 3.3. Procedure for concluding a Sales Agreement in the Online Shop using the Order Form
3.3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has first placed an Order in the Online Shop in accordance with point 2.1.2 of the Terms.
3.3.2. After the Order has been placed, the Seller confirms its receipt without undue delay and at the same time accepts the Order for fulfilment. Confirmation of receipt of the Order and its acceptance for fulfilment takes place by the Seller sending the Customer an appropriate e‑mail to the Customer’s e‑mail address provided while placing the Order, which contains at least the Seller’s statements that the Order has been received and accepted for fulfilment and confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded when the Customer receives the above e‑mail.
3.3.3. The content of the Sales Agreement being concluded is recorded, secured and made available to the Customer by (1) making these Terms available on the Online Shop website and (2) sending the Customer the e‑mail referred to in point 3.3.2 of the Terms. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Shop.
4. Methods and deadlines for payment for the product
- 4.1. The Seller makes the following methods of payment under the Sales Agreement available to the Customer:
4.1.1. Cash on delivery, paid upon receipt of the parcel.
4.1.2. Payment by bank transfer to the Seller’s bank account. Bank: Santander Bank. Account number: 67 1090 2398 0000 0001 4381 6590.
4.1.3. Electronic payments and payment card payments via the tpay.com service - the currently available payment methods are specified on the website http://www.payu.pl.
4.1.4. Transactions made by electronic payment and by payment card are settled, according to the Customer’s choice, via the tpay.com service. Electronic and payment card payments are handled by: tpay.com - the company Krajowy Integrator Płatności with its registered office in Poznań (registered office address: ul. Św. Marcin 73/6, 61‑808 Poznań), entered in the Rejestr Przedsiębiorców Krajowego Rejestru Sądowego (Register of Entrepreneurs of the National Court Register) under number 0000412357, with registration files kept by the Sąd Rejonowy Poznań - Nowe Miasto i Wilda w Poznaniu (District Court for Poznań - Nowe Miasto and Wilda in Poznań), share capital of 5.494.980 PLN fully paid up, NIP: 7773061579.
- 4.2. Payment deadline:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days of the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses cash on delivery, the Customer is obliged to make the payment upon receipt of the parcel.
5. Cost, methods and time of delivery and collection of the product
- 5.1. Delivery of the Product is available within the territory of the Republic of Poland.
- 5.2. Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including charges for transport, delivery and postal services) are indicated to the Customer while placing the Order, including at the moment the Customer expresses the will to be bound by the Sales Agreement.
- 5.3. The Seller makes the following methods of delivery or collection of the Product available to the Customer: delivery to a Paczkomat InPost parcel locker, courier delivery, courier delivery with cash on delivery.
- 5.4. The time of delivery of the Product to the Customer is up to 14 Business Days, unless a different time is stated in the description of the given Product or while placing the Order. In the case of Products with different delivery times, the delivery time is the longest time stated, which, however, may not exceed 14 Business Days. The start of the period for delivery of the Product to the Customer is calculated as follows:
5.4.1. If the Customer chooses payment by bank transfer, electronic payment or payment card - from the day the Seller’s bank account or settlement account is credited.
5.4.2. If the Customer chooses cash on delivery - from the day of conclusion of the Sales Agreement.
6. Product complaints
- 6.1. The basis and scope of the Seller’s liability towards the Customer if the Product sold has a physical or legal defect (statutory warranty) are set out in universally applicable law, in particular in the Civil Code (in particular in Articles 556-576 of the Civil Code).
- 6.2. The Seller is obliged to deliver a Product free of defects to the Customer. Detailed information on the Seller’s liability for defects of the Product and on the Customer’s rights is set out on the Online Shop website in the “Returns and complaints” tab.
- 6.3. A complaint may be submitted by the Customer, for example:
- in writing to the address: MLV95 SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at ul. marsz. Józefa Piłsudskiego 18C, 50‑033 Wrocław, NIP: 5223041174, e‑mail address: biuro@riotopgym.pl
- electronically by e‑mail to: biuro@riotopgym.pl;
- 6.4. It is recommended that the Customer include in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request specifying the method of bringing the Product into conformity with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the person submitting the complaint - this will make it easier and quicker for the Seller to consider the complaint. The requirements given in the previous sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended description.
- 6.5. The Seller will respond to the Customer’s complaint without undue delay, no later than within 14 calendar days of the date on which it was submitted. If a Customer who is a consumer has demanded replacement of the item or removal of the defect, or has submitted a statement on price reduction specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 calendar days, the Seller is deemed to have accepted the demand as justified.
- 6.6. A Customer exercising rights under the statutory warranty is obliged to deliver the defective Product to the address: ul. Torowa 4, 45‑073 Opole. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller; in the case of a Customer who is not a consumer, the cost of delivery is borne by the Customer. If, due to the type of Product or the way it has been installed, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
7. Out-of-court methods of handling complaints and pursuing claims, and rules of access to these procedures
- 7.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, and on the rules of access to these procedures, is available on the website of the Urząd Ochrony Konkurencji i Konsumentów (Office of Competition and Consumer Protection) at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
- 7.2. A contact point also operates at the office of the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, e‑mail: kontakt.adr@uokik.gov.pl or postal address: pl. Powstańców Warszawy 1, Warszawa), whose tasks include, among others, assisting consumers in matters concerning the out-of-court resolution of consumer disputes.
- 7.3. A consumer has, for example, the following options for using out-of-court methods of handling complaints and pursuing claims: (1) an application for resolution of a dispute to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court resolution of a dispute to the provincial inspector of the Inspekcja Handlowa (Trade Inspection) (more information on the website of the inspector competent for the place where the Seller conducts its business); and (3) assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Federacja Konsumentów (Consumer Federation) and the Stowarzyszenie Konsumentów Polskich (Association of Polish Consumers)). Advice is provided, among others, by e‑mail at porady@dlakonsumentow.pl and on the consumer helpline 801 440 220 (the helpline is open on Business Days, 8:00-18:00, call charges according to the operator’s tariff).
- 7.4. The platform of the online system for resolving disputes between consumers and entrepreneurs at EU level (the ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking the out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or service contract (more information on the website of the platform itself or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. Right of withdrawal from the contract
- 8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.8 of the Terms. To meet the deadline, it is sufficient to send the statement before the deadline expires. The statement of withdrawal from the contract may be submitted, for example:
- in writing to the address: MLV95 SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at ul. marsz. Józefa Piłsudskiego 18C, 50‑033 Wrocław, NIP: 5223041174, e‑mail address: biuro@riotopgym.pl
- electronically by e‑mail to: biuro@riotopgym.pl;
- 8.2. A model withdrawal form is contained in Annex No. 2 to the Consumer Rights Act and is additionally available on the Online Shop website in the “Returns and complaints” tab. The consumer may use the model form, but it is not mandatory.
- 8.3. The period for withdrawal from the contract begins:
8.3.1. for a contract under which the Seller delivers the Product and is obliged to transfer its ownership (e.g. a Sales Agreement) - from the moment the consumer or a third party indicated by them, other than the carrier, takes possession of the Product, and in the case of a contract which: (1) covers multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a fixed period - from taking possession of the first of the Products;
8.3.2. for other contracts - from the date of conclusion of the contract.
- 8.4. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
- 8.5. The Seller is obliged, without undue delay and no later than within 14 calendar days of the date of receipt of the consumer’s statement of withdrawal from the contract, to refund to the consumer all payments made by them, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard method of delivery available in the Online Shop). The Seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not involve any costs for them. If the Seller has not offered to collect the Product from the consumer itself, it may withhold the refund of payments received from the consumer until it receives the Product back or until the consumer provides proof of having sent it back, whichever occurs first.
- 8.6. The consumer is obliged, without undue delay and no later than within 14 calendar days of the day on which they withdrew from the contract, to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to send the Product back before the deadline expires. The consumer may return the Product to the address: ul. Torowa 4, 45‑073 Opole.
- 8.7. The consumer is liable for any decrease in the value of the Product resulting from using it in a manner beyond what is necessary to establish the nature, characteristics and functioning of the Product.
- 8.8. Possible costs related to the consumer’s withdrawal from the contract which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest standard method of delivery available in the Online Shop, the Seller is not obliged to reimburse the consumer for the additional costs incurred by them.
8.8.2. The consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the end of the withdrawal period, a consumer who exercises the right of withdrawal after making such a request is obliged to pay for the performance provided up to the moment of withdrawal from the contract. The amount of payment is calculated in proportion to the extent of the performance provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performance provided.
- 8.9. The right of withdrawal from a distance contract does not apply to the consumer in respect of contracts: (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the start of the service that they would lose the right of withdrawal once the Seller had performed the service; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the end of the withdrawal period; (3) in which the subject of performance is a non-prefabricated Product, manufactured to the consumer’s specifications or serving to meet their individual needs; (4) in which the subject of performance is a Product that is perishable or has a short shelf life; (5) in which the subject of performance is a Product delivered in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of performance are Products which, after delivery, due to their nature, become inseparably combined with other items; (7) in which the subject of performance are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to them to carry out urgent repairs or maintenance; if the Seller additionally provides services other than those the consumer requested, or supplies Products other than spare parts necessary to carry out the repair or maintenance, the consumer has the right of withdrawal in respect of the additional services or Products; (9) in which the subject of performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract; (11) concluded by way of a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not supplied on a tangible medium, if performance began with the express consent of the consumer before the end of the withdrawal period and after the Seller had informed them of the loss of the right of withdrawal.
9. Provisions concerning entrepreneurs
- 9.1. This point of the Terms and the provisions contained in it apply exclusively to Customers and Service Recipients who are not consumers.
- 9.2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days of the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
- 9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available methods of payment, including requiring prepayment in whole or in part, regardless of the method of payment chosen by the Customer and of the fact that the Sales Agreement has been concluded.
- 9.4. Upon the Seller handing over the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss of or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller is not liable for loss, shortage or damage to the Product arising from its acceptance for carriage until its delivery to the Customer, or for delay in the carriage of the parcel.
- 9.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the parcel at the time and in the manner customary for parcels of this type. If they find that the Product has suffered a shortage or damage during carriage, they are obliged to take all steps necessary to establish the carrier’s liability.
- 9.6. In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under the statutory warranty for the Product towards a Customer who is not a consumer is excluded.
- 9.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.
- 9.8. The liability of the Service Provider/Seller towards a Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both within a single claim and for all claims in total - to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than the amount of one thousand Polish zlotys. The Service Provider/Seller is liable towards a Service Recipient/Customer who is not a consumer only for typical damage foreseeable at the time of conclusion of the agreement and is not liable for lost profits towards a Service Recipient/Customer who is not a consumer.
- 9.9. All disputes arising between the Seller/Service Provider and a Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
10. Final provisions
- 10.1. Agreements concluded through the Online Shop are concluded in Polish.
- 10.2. Amendment of the Terms:
10.2.1. The Service Provider reserves the right to amend the Terms for important reasons, namely: changes in the law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms.
10.2.2. Where agreements of a continuous nature are concluded on the basis of these Terms (e.g. the provision of the Electronic Service - Account), the amended terms are binding on the Service Recipient if the requirements set out in Articles 384 and 384¹ of the Civil Code have been met, i.e. the Service Recipient has been duly notified of the changes and has not terminated the agreement within 14 calendar days of the date of notification. Should the amendment of the Terms result in the introduction of any new fees or an increase in existing ones, the Service Recipient who is a consumer has the right to withdraw from the agreement.
10.2.3. Where agreements of a nature other than continuous agreements are concluded on the basis of these Terms (e.g. a Sales Agreement), amendments to the Terms will in no way infringe the rights acquired by Service Recipients/Customers who are consumers before the date on which the amendments to the Terms enter into force; in particular, amendments to the Terms will not affect Orders already being placed or placed, or Sales Agreements concluded, being performed or performed.
- 10.3. In matters not regulated by these Terms, the universally applicable provisions of Polish law apply, in particular: the Civil Code; the “ustawa o świadczeniu usług drogą elektroniczną” (Polish Act on the Provision of Services by Electronic Means) of 18 July 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); for Sales Agreements concluded with Customers who are consumers from 25 December 2014 - the provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of universally applicable law.
11. Model withdrawal form
www.riotopgym.pl