Terms & Conditions

§1 Definitions

The following terms used in the regulations mean:

Administrator – the administrator of Buyers' personal data, which is the Seller.
Postal address - name and surname or name of the institution, location in the town
(in the case of a town divided into streets: street, building number, apartment or premises number; in the case of a town not divided into streets: name of the town and property number), postal code and town.
Complaint address and address for sending returns:
Completio Sp.zo.o. - Gym Glamour
ul. Jędrzejowska 47
93-636 Łódź
Delivery price list – a list of available types of delivery and their costs, located at gymglamour.com/strona/dostawa.
Delivery - type of transport service along with the carrier and cost listed in the delivery price list available at gymglamour.com/strona/dostawa
Proof of purchase - invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004, as amended and other relevant legal provisions.
Product card – a single subpage of the store containing information about a single product.
Civil Code - Civil Code Act of April 23, 1964, as amended.
Consumer – Buyer who is a natural person making a purchase through the store that is not directly related to his business or professional activity.
Cart – a list of products prepared from the products offered in the store based on the Buyer's choices.
Buyer – a person using the store's functionality, including making a purchase through the store.
Place of product release – delivery postal address or collection point indicated in the order by the Buyer.
Moment of product release - the moment when the Buyer or a third party designated by him for collection, other than the carrier, takes possession of the product.
Payment – making payment for the subject of the contract and delivery
ConsumerLaw - Act on Consumer Rights of May 30, 2014.
Product – goods offered for sale by the Seller via the store.
Regulations – these store regulations.
GDPR - Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ UEL119 of 4/05/2016, page 1).
Store – online store run by the Seller on the website at www.gymglamour.com.
Seller:
Gym Glamour limited liability company, address: Aleje Jerozolimskie 123A, 02-017 Warszawa, NIP: 7011158464, REGON: 52599176, entered into the National Court Register under number 1049978, e-mail: info@gymglamour.com
Agreement – product sales agreement concluded between the Seller and the Buyer via the store.
Order - the Buyer's declaration of will submitted via the store, clearly specifying: the type and quantity of products; type of delivery; payment typeand; place of product release, Buyer's data and aimed directly at concluding a contract between the Buyer and the Seller.

§2 General terms

The contract is concluded in Polish, in accordance with Polish law and these regulations.
The Seller offers delivery of products purchased in the store only within Poland.
The Seller is obliged to deliver items free from defects.
All prices provided by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include delivery costs, which are specified in the delivery price list.
Confirmation, disclosure and consolidation of all material provisions of the contract in order to obtain access to this information in the future takes place in the form of:
1. order confirmation by sending to the indicated e-mail address: order, pro forma invoice, information on the right to withdraw from the contract, these regulations in PDF version, template of the contract withdrawal form in PDF version, links to download the regulations and withdrawal template yourself;
2. attaching to the completed order, sent to the indicated place of product issue, printed copies of: proof of purchase, information on the right to withdraw from the contract, these regulations, template of the contract withdrawal form.
The Seller informs about known guarantees granted by third parties for products available in the store.
The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer will bear its costs in the amount resulting from the contract he concluded with a third party providing him with a specific service enabling distance communication.
The Seller ensures that the Buyer using the Internet will operate the store correctly in the following browsers (technical requirements): IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024 px. The use of third-party software that affects the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore, in order to obtain full functionality of the gymglamour.com store, they should all be disabled.
The buyer may choose to have his/her data remembered by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to gain access to his account. The login and password are a sequence of characters set by the Buyer, who is obliged to keep them secret and protect them against unauthorized access by third parties. The buyer has the opportunity to view, correct, update data and delete the account in the store at any time. The buyer may delete his account at any time, without giving a reason, via the customer panel. If the account is deleted, all information regarding the Buyer's activity saved in the account will be deleted.
The buyer is obliged to:
1. not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
2. use the store in a way that does not interfere with its operation, in particular through the use of specific software or devices,
3. not taking actions such as: sending or placing unsolicited commercial information in the store (spam),
4. using the store in a way that is not inconvenient for other Buyers and the Seller,
5. use all content posted in the store only for your own personal use,
6. use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as the general principles of netiquette.

§3 Conclusion of the contract and implementation

Orders can be placed 24 hours a day.
In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
1. adding a product to the cart;
2. choice of delivery type;
3. selection of payment type;
4. choice of place of product release;
5. placing an order in the store by using the "Order and pay" button.
The contract with the Buyer is concluded upon confirmation of the order by the Seller in accordance with § 2 section 5 point 1 of the regulations.
The Consumer's order paid on delivery is processed immediately, and the order paid by bank transfer or via the electronic payment system is processed after the Consumer's payment has been credited to the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the service due to no fault of his own and informed the Seller about it.
The Buyer's order payable on delivery begins immediately after concluding the contract, and the order payable by bank transfer or via the electronic payment system begins after concluding the contract and posting the Buyer's payment on the Seller's account.
The commencement of the Buyer's order may depend on the payment of all or part of the order price or obtaining a trade credit limit of at least the value of the order or the Seller's consent to send the order on delivery (cash on delivery).
The purchased product is shipped within the time specified on the product card, and for orders composed of multiple products, within the longest deadline specified on the product card. The deadline starts from the moment the order is processed.
The purchased product, together with the sales document selected by the Buyer, is sent by the type of delivery selected by the Buyer to the place of product release indicated by the Buyer in the order, together with the attached attachments referred to in § 2 section 5 point 2 of the regulations.
The Seller may demand from the Buyer a refund of the costs of the shipment of the ordered product returned to the Seller due to failure to collect it from the place of delivery of the product by the Buyer on time.

§4 Right to withdraw from the contract

The consumer is entitled pursuant to Art. 27 of the Consumer Law, the right to withdraw from a distance contract without giving a reason and without incurring costs, except for the costs specified in Art. 33, art. 34 Consumer Law (paragraphs 7-9 below).
The deadline for withdrawal from a distance contract is 14 days from the date of product release, and if the contract covers many products delivered separately - from the date of release of the last product. To meet the deadline for withdrawal, it is sufficient to send a declaration before its expiry.
The Consumer may submit a declaration of withdrawal from the contract on the form, the template of which is attached as Annex No. 2 to the Consumer Law (available at: /userdata/public/upload/formularz-zwrotu-towaru-1.pdf) or in another form consistent with the Consumer Law.
The Seller will immediately confirm to the Consumer the receipt of the declaration of withdrawal from the contract by e-mail (provided when concluding the contract and another if it was provided in the submitted declaration).
In the event of withdrawal from the contract, the contract is considered null and void.
The consumer is obliged to return the item to the Seller immediately, but nno later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.
The consumer bears the direct costs of returning the product subject to withdrawal from the contract, including the costs of returning the product if, due to its nature, it cannot be normally returned by post.
The consumer is responsible for the reduction in the value of the product that is the subject of a return as a result of withdrawal from the contract, which reduction in value is the result of using the product in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
The Seller will immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, refund all payments made by the Consumer, including the costs of delivering the product, and if the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller will not refund the additional costs to the Consumer in accordance with Art. 33 Consumer Law.
The Seller refunds the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different payment method that does not involve any costs for him.
The Seller may withhold the refund of the payment received from the Consumer until he receives the item back or the Consumer provides proof of sending it back, depending on which event occurs first.
The consumer, in accordance with Article 38 of the Consumer Law, is not entitled to withdraw from the contract:
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 commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the contract;
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 deadline for withdrawal from the contract;
3. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to meet his individual needs;
4. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
5. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
6. in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items.
The provisions relating to the Consumer contained in this § 4 of the Regulations apply to a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Registration and Information
on Business Activity.

§5 Warranty and complaint procedure

Seller pursuant to Art. 558 § 1 of the Civil Code completely excludes liability towards Buyers who are not Consumers for physical and legal defects (warranty). For the avoidance of doubt, the complete exclusion of liability for physical and legal defects (warranty) also applies to the Buyer who is a natural person concluding a contract directly related to his business activity, when the content of this contract shows that he does not have a professional character for him, resulting in particular from the subject of the activity performed by him.and business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
Complaints regarding an order placed in the store should be sent to the complaint address indicated in § 1 point 3 of the regulations or to the e-mail address: info@gymglamour.com.
The complaint should include in particular the following data: name and surname of the Buyer, e-mail address, correspondence address, date and number of the Order, proof of purchase of the complained product and reason for the complaint.
Complaints will be considered by the Seller within 7 days from the date of delivery of the complaint in the manner indicated in § 5 point 2 of the Regulations. The Seller will inform the person submitting the complaint about its decision issued after considering the complaint in the form in which it was submitted to the address indicated therein, within 7 days from the date of considering the complaint.
The rules for reporting and considering complaints specified in the regulations do not in any way limit the right of the person submitting the complaint to submit a claim to the competent common court.

§6 Personal data

The administrator processes personal data provided by buyers in the store, including in the process of registration and account maintenance, in the process of placing an order without registration in the store, in the process of using the store, including making purchases in the store.
Providing personal data by the buyer is voluntary, but necessary to make purchases and use those services provided electronically by the Administrator that require the provision of personal data.
The Administrator processes personal data in order to enable the buyer to use the store, provide services electronically, conclude sales contracts with the buyer for products ordered by the buyer in the store and properly perform these contracts, as well as their settlement, fulfill legal obligations imposed on the Administrator and to identify the sender and handle his inquiry sent via the Zendesk Chat communicator.
Buyers' data may also be processed for analytical and statistical purposes and for direct marketing purposes, in particular related to providing buyers with commercial or marketing information about products and services available in the store or related to the implementation of the ordered service of regular receipt of the Gym Glamor newsletter, and for the purpose of establishing and pursuing claims or defending against them, as well as for purposes related to satisfaction surveys - within the legally permitted and justified interest of the Administrator.
The legal basis for the processing of the buyer's personal data may be, depending on the situation and the purpose of data processing, Art. 6 section 1 letter a), b), c) or f) GDPR.
The buyer may at any time exercise the right to access his/her data and the possibility of correcting it, issuing a copy, deleting it, limiting processing, transferring data, objecting to data processing due to the buyer's special situation or if personal data are processed for direct marketing purposes, as well as the right to withdraw consent to data processing without affecting the lawfulness of the processing carried out before the withdrawal of consent. The buyer also has the right to lodge a complaint with the supervisory authority.
The Buyer has been informed and accepts that e-mail addresses are made available to the Administrator in the process of registering an account by the buyer or in the process of placing an order, to ensure the possibility of communication via the store, in particular in matters related to the operation and maintenance of the account or placing and fulfillment of the order, as well as, if the buyer gives the appropriate consent, sending the buyer by the Administrator by e-mailelectronically to the provided e-mail address of the ordered commercial or marketing information, including offers and other similar messages related to products and services offered by the Administrator and the subscribed regular Gym Glamor newsletter.
Notwithstanding the above provisions, the buyer consents to the processing and analysis of data that does not constitute personal data, collected by the Administrator via the store, for statistical and analytical purposes.
If the buyer consents, his/her data may be made available to other entities for their own purposes, including marketing purposes.
The Administrator ensures that it fulfills all obligations specified in the GDPR, in particular, taking into account the state of technical knowledge, implementation costs and the nature, scope, context and purposes of personal data processing and the risk of violating the rights and freedoms of natural persons with varying probability of occurrence and threat severity, the Administrator implements appropriate technical and organizational measures to ensure a level of security corresponding to this risk.
Contact the Administrator in matters relating to the processing of personal data is possible via the e-mail address: info@gymglamour.com or correspondence address: Gym Glamour, Aleje Jerozolimskie 123A (Atlas Tower, 12th floor), 02-017 Warsaw (preferably with the note "Personal Data").
Detailed information on the processing of personal data in the store, including the rights of the Buyer under the GDPR, can be found in the Privacy Policy, which is available at: http://gymglamour.com/strona/polityka_prywatnosci

§7 Final provisions

None of the provisions of the Regulations are intended to violate the Buyer's rights under mandatory provisions, nor may they be interpreted in this way.
Registered Buyers will be notified about changes to the regulations and their scope electronically (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations enter into force. Changes will be introduced in particular to adapt the regulations to the applicable legal status.
The current version of the regulations is always available to the Buyer in the regulations tab (http://gymglamour.com/strona/regulamin). During the execution of the order and throughout the period of after-sales care, the Buyer shall be bound by the regulations accepted by him when placing the order - except when the Consumer finds them less favorable than the current one and informs the Seller about choosing the current one as binding.
In matters not regulated by these regulations, the relevant legal provisions in force shall apply. The consumer has the opportunity to use out-of-court methods of dealing with complaints and pursuing claims. is entitled to contact the Masovian Voivodeship Inspector of Trade Inspection in Warsaw with its registered office in Warsaw (00-015), ul. Sienkiewicza 3 (website address: www.wiih.org.pl), with a request to initiate mediation proceedings, or is entitled to apply to the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Warsaw with a request to resolve a dispute arising from the contract. The consumer also has the opportunity to use the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/. The use of extrajudicial means of dealing with complaints and pursuing claims is voluntary.
The Seller can be contacted via e-mail sent to the following address: info@gymglamour.com lor by post at: Gym Glamour, Aleje Jerozolimskie 123A (Atlas Tower, 12th floor), 02-017 Warsaw.

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