Regulations

§1 Definitions

  1. Postal Address: first and last name or institution's name, location in a town (in case of a town with street division: street, property number, apartment or premise number; in case of a town with no street division: town's name and number of real estate), postal code and town.

  2. Claims address:
    Inforsys S.A. - Gym Glamour
    Sosnowiec Pieńki 15 ,  
    95-010 Stryków
    POLAND

  3. Delivery rates: delivery summary of the available types of supplies and their delivery costs that can be found at gymglamour.co.uk.

  4. Contact data:  
    DIDABLJU Daniel Walendziak
    ul. Powstańców Śląskich 45/24
    01-355 Warszawa, Poland
    e-mail: info@gymglamour.com

  5. Delivery: type of transport service and the identity of the carrier and the cost included in the price list of supplies found at gymglamour.co.uk.

  6. The Proof of purchase: invoice, bill or receipt issued pursuant to the Polish Act on Tax on Goods and Services of March 11, 2004, as amended, and other applicable laws.

  7. Product card: a single sub-page catalogue containing information about a single product.

  8. The Customer: an adult person with full legal capacity, legal person or organizational unit without legal personality and having legal capacity, making the purchase directly related to its business or professional activity from the Seller.

  9. Civil Code: Polish Civil Code Act of April 23, 1964 as amended.

  10. Code of good practice: the set of rules of conduct, in particular the standards of ethical and professional norms, as referred to in Article 2 par. 5 of the Act on combating unfair commercial practices of August 23, 2007, as amended.

  11. The Consumer: adult person with full legal capacity, making the purchase that is not directly linked to its business or professional activity from the Seller.

  12. Shopping Cart: a list of Buyer's selected products from products offered in the store.

  13. The Buyer: both consumer and client.

  14. Place of handing out the items: postal address or point of sales specified in the order by the Buyer.

  15. Time of handing out the items: the moment when the Buyer or a third party indicated by them to receive the benefit takes possession of the item.

  16. The Payment: the method of payment for the subject of the contract and its delivery.

  17. Consumer law: the Polish Consumer Law Act of May 30, 2014.

  18. The Product: minimum and indivisible amount of things that can be procured, and which is given in the shop of the Seller as a unit of measure in determining the price (price / unit).

  19. The Object of the contract: products and delivery of contracted agreement.

  20. The Subject of provision: the object of the contract.

  21. The Collection Point: the place of delivery of goods which is not a postal address, mentioned in the statement provided by the Seller in the shop.

  22. The Item: a movable that may be or that is the object of the contract.

  23. The Shop: Internet service available at gymglamour.co.uk through which the buyer can place an order.

  24. The Seller:
    DIDABLJU Daniel Walendziak
    ul. Powstańców Śląskich 45/24
    01-355 Warszawa
    NIP: PL5222816779,
    REGON: 140988201
    registered and visible in the CEIDG records at the following address:
    https://prod.ceidg.gov.pl/ceidg/ceidg.public.ui/Se...
    BANK ACCOUNT: 85 11402004 0000370274722957

  25. The System: a set of cooperating devices and software that provides processing and storage, as well as sending and receiving data via telecommunications networks by using appropriate equipment for the type of network terminal, commonly called the Internet.

  26. Time limit for completion: number of hours and days shown on the Product Card.

  27. The Agreement: an agreement concluded outside the business premises or at a distance within the meaning of the Polish Act on Consumer Rights of May 30, 2014 in case of Consumers; and sale agreement within the meaning of Art. 535 Civil Code Act of April 23, 1964 in case of Purchasers.

  28. The Defect: both physical and legal defect.

  29. Physical defect: incompatibility of goods sold with the agreement, and in particular if the thing:

    1. Has no properties that this kind of item should posses due to the purpose stated in the agreement or resulting from circumstances or its destination;

    2. Has no properties the existence of which the seller assured the Consumer;

    3. Is not suitable for the purpose of which the consumer has informed the Seller at the conclusion of the contract, and the Seller did not raise objections to such its destiny;

    4. Has been handed in to the Customer in an incomplete state;

    5. In case of its incorrect installation and start if these activities were carried out by the Seller or by a third party for which the Seller is liable, or by the Consumer who acted according to the instructions received from the Seller;

    6. it has no properties, which were to be ensured by the Manufacturer or its representative or the person who brings the item into the market in the scope of its business and the person who by putting their name, trade mark or other distinctive sign on the item presents itself as the Producer, unless the Seller had no knowledge of these assurances or by judging reasonably could not know them or they could not affect the Consumer's decision about the conclusion of the contract, or when their content had been corrected before the contract is concluded.

  30. Legal Defect: a situation when the sold item is owned by a third party or is encumbered with a right of a third party, and if the restriction on the use or disposal of thing stems from a decision or judgement of the competent authority.

  31. Order: Buyer's declaration of intent made through a catalogue specifying clearly: the type and quantity of products; type of delivery; payment method; place of delivery of goods Buyer's data and aimed directly to the conclusion of an agreement between the Buyer and the Seller.

 

§2 General conditions 

  1. The agreement is concluded in the Polish language, in accordance with Polish law and the hereby Regulations.

  2. The place of handing on the items must be located on the Polish territory.

  3. The Seller is obliged and ensures to provide services and deliver items that are free from defects.

  4. All prices quoted by the Seller are denominated in the Euro currency and are gross prices (including VAT). The prices do not include the cost of delivery, which is specified in the delivery price list.

  5. All dates are calculated in accordance with Article. 111 of the Polish Civil Code, that is the period expressed in days and expires at the end of the last day, and where a period expressed in days is a certain event, the date on which the event occurred is not taken into account when calculating dates.

  6. Confirmation, share, consolidation, securing all relevant provisions of the agreement in order to gain access to this information in the future takes the form of:

    1. Confirmation of the order by sending via e-mail: the order, a pro forma invoice, information about the right of withdrawal, this Regulation in the pdf format, a model of a withdrawal form in the pdf format, links to independent download of the Regulations and the withdrawal form;

    2. Sending or indicating the place of issue of printed materials that complement the order: proof of purchase, information about the right of withdrawal, this Regulation, the model of withdrawal form.

  7. The Seller informs about known to him guarantees granted by third parties for the products in the shop.

  8. The Seller does not charge any fee for communicating with him using the means of communication at a distance, and the Buyer shall bear the costs in the amount resulting from the agreement entered into with a third party provider on its behalf a specific service enabling communication at a distance.

  9. The Seller warrants to the Buyer correct operation of the store with the following browsers: IE Version 7 or newer, Firefox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newre, Safari with the latest versions of Java and Flash, on screens with a resolution of or over 1024 px. Using third-party software affecting the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari can affect the correct display of the store, so in order to get the full functionality of the store gymglamour.co.uk please turn them all off.

  10. The Buyer has the possibility of storing their data by the Store in order to facilitate the process of placing their next order. For this purpose, the Buyer shall provide the login and password needed to access their account. The login and the password are a string of characters set by the Buyer, who must keep them secret and protect against any unauthorized access by third parties. The buyer has the possibility to access, modify, update, and delete data account in the store at any time.

  11. The Seller shall apply to the code of good practice.

  12. The Buyer is obliged:

    1. Not to produce and not pass on any content prohibited by law, for example: contents of violent character, defamatory or violating personal rights and other rights of third parties,

    2. To use the Store without disturbing its functioning, in particular through the use of specific software or devices,

    3. To refrain from actions such as sending or posting unsolicited commercial (spam) within the Store,

    4. To use the Store in a way causing major inconvenience to other Buyers and the Seller,

    5. To use any content contained in the store only for personal use.

    6. To use the store in accordance with the rules in force in the Republic of Poland's law, the provisions of the Regulations and the general rules of netiquette.

 

§3 Conclusion of the contract and its implementation

  1. Orders can be placed 24 hours a day.

  2. To place an order the Buyer should at least take the following steps, some of which may be repeated several times:

    1. adding an item to the cart;

    2. choosing a delivery option;

    3. Choosing a payment option;

    4. Choosing the place of delivery;

    5. submissioning the order in the shop by using the "order and pay" button.

  3. Conclusion of an agreement with a consumer takes place upon placing an order.

  4. Implementation of a contract with the Consumers who selected cash on delivery payment method shall take place immediately, whereas orders paid by bank transfer or through a system of electronic payment: after the Consumer's payment is visible on the Seller's account, which should take place within 30 days of the order, unless the consumer was not able to meet the provision not by their guilt and informed the Seller about this fact.

  5. Conclusion of an agreement with the Customer takes place upon acceptance of the order by the Seller, who shall notify the customer about it within 48 hours of ordering.

  6. Realisation of the Customer's Contract paid cash on delivery takes place immediately after the conclusion of the contract, and orders paid by bank transfer or via electronic payment system after the conclusion of the contract and receiving the payment on the Seller's bank account.

  7. Realisation of the Customer's Contract may depend on making payment in full or in a part of the contract or obtaining trade credit limit of at least the value of the order or the consent of the Seller to send orders n COD terms (cash on delivery).

  8. Sending the object of the contract takes place within the time specified on the product card, and for orders of multiple products it means the longest maturity of certain products on the cards. The period starts from the moment of the contract execution.

  9. The Item purchased according to the contract is sent together with the Buyers selected purchase document by the Buyer's selected type of delivery to the Buyer's specified place of delivery, together with the attached annexes, referred to in § 2 point 6b.

 

§4 The Right of Withdrawal

  1. Under Article. 27 of Consumer Rights the Consumer is entitled to withdraw from a distance contract without giving any reason and at no cost, with the exception of those referred to in Article. 33, Art. 34 Consumer Rights.

  2. The deadline to withdraw from a distance contract is 14 days after delivery of goods and to meet the deadline it is enough to send a statement before its expiry.

  3. The consumer may submit the form of the statement of withdrawal from the contract a model of which is attached as Annex 2 to the Law of the Consumer, on a form available here or any other form consistent with the consumer law.

  4. The Seller will promptly confirm to the Consumer by e-mail (given at the conclusion of the contract or any other, should any other be given in the statement) his reception of a withdrawal notice.

  5. In the event of withdrawal, the contract is considered not to be.

  6. The Consumer is obliged to return the item to the Seller promptly, but not later than 14 days after the date of withdrawal. It is enough to return the item before this term expires.

  7. The consumer sends back the subject matter of the contract from which he resigned at his own expense and risk.

  8. The Consumer does not bear the cost of providing digital content that is not recorded on a material medium unless he has agreed to meet the benefit before the expiration of the withdrawal period or is not informed of the loss of his or her right of withdrawal at the time such consent is given. Provided confirmation in accordance with art. 15 paragraph. 1 and art. 21 paragraph. 1. Consumer Law.

  9. The Consumer is responsible for reducing the value of the item being the subject of the contract and resulting from the use of it beyond what is necessary to establish the nature, characteristics and functioning of the item.

  10. The Seller shall immediately, not later than within 14 days of receipt of the Consumer's withdrawal notice, return to the Consumer all payments made by them, including delivery of the item, and if the Consumer chooses a delivery other than the cheapest ordinary delivery method offered by the Seller, The Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.

  11. The Seller makes a repayment of the payment using the same method of payment as the Consumer used, unless the Consumer expressly agrees to another payment method that does not involve any costs for them.

  12. The Seller may refrain from reimbursing the payment received from the Consumer until the item is returned or the Consumer provides a proof of the return, whichever occurs first.

  13. In accordance with Article 38 of the Consumer Law the Consumer do not have the right to withdraw from the contract:

    1. In which the price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control and which may occur before the expiration of the withdrawal period;

    2. In which the subject of the provision is an unconvertible item, manufactured to the specifications of the consumer or to meet his individual needs;

    3. Where the subject matter is a thing that is quickly spoiled or has a short shelf life;

    4. In case of the package being opened, and it can not be returned for health or hygiene purposes if the packaging has been opened after delivery;

    5. In which the subject matter of which is the supply of goods which, by their nature, are inseparably linked to other things;

    6. Where the subject matter is audio or visual recordings or computer programmes delivered in sealed packaging if the packaging has been opened after delivery;

    7. To provide digital content that is not recorded on a material medium if the performance of the benefit has begun with the express consent of the consumer before the expiration of the withdrawal period and after informing the trader of the loss of the right of withdrawal;

    8. To provide dailies, periodicals or magazines, except for subscription contracts.

 

§5 Warranty

  1. The Seller, based on art. 558§1 of the Civil Code, completely excludes liability to Customers for physical and legal defects (warranty).

  2. The Seller is liable to the consumer under the terms of Art. 556 Civil Code and subsequent for defects (warranty).

  3. In the case of a Consumer Agreement, if a physical defect has been discovered within one year from the delivery of the item, it is assumed that it existed at the time the hazard was passed on to the Consumer.

  4. If the items has a defect, the Consumer may:

    1. Submit a statement of claim for price reduction;

    2. Make a declaration of withdrawal;

unless the Seller promptly and without undue inconvenience to the Consumer replaces the defective item or repairs the defects. However, if the item has already been exchanged or repaired by the Seller or the Seller has not made the obligation to exchange the item free of defects or remove the defect, he shall not be entitled to exchange the item or remove the defect.

  1. The Consumer may, instead of removal of the defect proposed by the Seller, request replacement of the item for free of defects, or instead of replacing the item demand the removal of the defect, unless it is impossible to bring things into conformity in the way selected by the Consumer or if it requires excessive costs compared to the way proposed by the Seller. However, when evaluating the cost overrun, the value of the defect-free item, the nature and significance of the defect is taken into account, and the inconvenience that would otherwise be exacerbated by the Consumer would be taken into account.

  2. The Consumer can not withdraw from the contract if the defect is irrelevant.

  3. The Consumer, if the seller has a defect may also:

    1. Demand exchange of the thing for one free of defects;

    2. Demand the removal of the defect.

  4. The Seller is obliged to exchange the faulty defect for one free of faults or remove the defect within a reasonable time without undue inconvenience to the Consumer.

  5. The Seller may refuse the Consumer's claim if it is impossible to meet the contract in a manner chosen by the Buyer, or it would be unreasonably expensive for the Buyer to fulfil the contract in the other way suggested by the Buyer.

  6. In the event that a defective item has been assembled, the Consumer may require the Seller to dismantle and re-assemble it after removing the defect or one free or defect, but the Buyer is required to bear a part of the costs associated with that item in excess of the selling price or may require the Seller to pay part of the costs of dismantling and re-mounting, up to the price of the item sold. In the event of default by the Seller, the Consumer is authorized to do so at the expense and the risk of the Seller.

  7. A Consumer who exercises warranty rights is obliged to deliver the defected item at the expense of the Seller to the complaint address, and if, due to the nature of the thing or the way it was assembled, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the seller at the place where the item is located. In the event of default by the Seller, the Consumer is entitled to return the item at Seller's expense and risk.

  8. Replacement or repair costs are borne by the Seller, except for situations described in §5 (10).

  9. The Seller is obliged to accept a defect from the Consumer in case of exchange of goods for free of defects or withdrawal.

  10. The Seller shall, within fourteen days, respond to:

    1. a claim for price reduction;

    2. a declaration of withdrawal;

    3. demand for the exchange of things for one free of defects;

    4. a request to remove a defect.
      Otherwise it is considered that the Seller have considered the Consumer’s statement or demand justified.The Seller is liable under the warranty of a physical defect that is discovered within two years from the delivery of the good to the Consumer and if the object of sale is used – within one year of the delivery of the goods to the Consumer.

  11. The Consumer's claim for the removal of a defect or replacement of a defective item is time-barred from the date of defect determination, but not earlier than two years after the delivery of the item to the Consumer. If the subject of sale is used, within one year of the issue of the item to the Consumer.

  12. In the event that the expiration date ends after the period of two years since the delivery of the item to the Consumer, the Seller is liable for the physical defects of the item found before the expiration of the period specified by the Seller or the manufacturer.

  13. Within the deadlines set forth in §5, points 15-17 the Consumer may make a declaration of withdrawal or price reduction due to a physical defect of the item being sold, and if the Consumer requests replacement of the item free of defects or defect removal, the period of time for submitting a statement of waiving The contract or price reduction starts with the expiry of the time limit for the replacement of the item or the removal of the defect.

  14. In the event of a court order or an arbitration court, one of the rights under the warranty, the time limit for exercising other powers vested in the Consumer is suspended until the final termination of the proceedings. It also applies equally to mediation proceedings, but the time limit for enforcing other warranty rights granted to a consumer begins to run from the date the court refuses the mediation agreement to be concluded or the mediation is not successful.

  15. For the exercise of rights under the warranty for legal defects of a sold item, §5 pts. 15-16 shall apply, except that the period of time begins with the date on which the consumer learned of the existence of the defect, and if the consumer has known about the existence of the defect only after Third-party actions - from the date on which the decision rendered in the dispute with a third party has become final.

  16. If, due to a defect, the Consumer has made a declaration of withdrawal or a price reduction, he may demand compensation for the damage he suffered by contracting without knowing the existence of a defect, even if the damage was a consequence of circumstances beyond the control of the Seller. In particular, he may demand reimbursement of contract costs, costs of collection, transportation, storage and insurance of items, reimbursement to the extent that he has not benefited from, and has not received reimbursement from a third party and reimbursement of costs. This does not prejudice the provisions on the obligation to pay compensation on a general basis.

  17. The expiry of any time to declare a defect does not exclude the performance of warranty rights if the Seller has concealed the defect fraudulently.

  18. The Seller, if he is obliged to provide service or financial support to the consumer, will do so without undue delay, no later than the time allowed by law.

 

§6 Privacy policy and personal data security 

  1. Administrators of personal databases provided by Consumer Shop is the Seller.

  2. The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of 29 August 1997 and the Electronic Services Act of 18 July 2002. The Buyer, when submitting his/her personal details to the Seller, agrees to their processing by the Seller in order to fulfill the order placed. The Buyer has the ability to view, correct, update and delete his personal data at any time.

  3. The detailed rules for collecting, processing and storing personal data used to complete orders through the store are described in the Privacy Policy at http://gymglamour.com/strona/polityka_prywatnosci

§7 Final provisions 

  1. Nothing in these Terms and Conditions is intended to infringe Buyer's rights, nor can it be interpreted as such for in the event of non-compliance of any part of the regulations with the applicable law, the Seller declares absolute subordination and application of that right in place of the contested provision of the Rules of Procedure.

  2. Registrants will be notified via e-mail (indicated for registration or e-mail) of changes in the Terms and their scope. The notice will be sent at least 30 days before the entry into force of the new regulations. Amendments will be introduced to adjust the regulations to the legal status in force.

  3. The current version of the Terms and Conditions is always available to the Buyer in the Terms and Conditions tab (http://gymglamour.com/strona/regulamin). During the execution of the order and throughout the period of after-sales care of the Buyer, the terms and conditions of the order accepted by the buyer apply, except where the consumer considers him to be less favorable than the current one, he shall inform the Seller of the current selection as valid.

  4. For matters not covered by this Regulation, the applicable legal regulations apply. Disputed issues, if the consumer expresses such a will, is solved by means of mediation proceedings before the Provincial Inspectorates of Trade Inspection or the process before the arbitration court at the Provincial Inspectorate of Trade Inspection. Consumers may also use equivalent and lawful means of pre-trial or out-of-court dispute resolution, eg via the EU-based ODR web site, located at http://ec.europa.eu/consumers/odr/. Lastly, the case is settled by the local and material court.