Store Regulations

gymiosport.com

Table of Contents:

§ 1 Definitions

§ 2 General Provisions

§ 3 Rules of Using the Store

§ 4 Orders

§ 5 Delivery

§ 6 Payments

§ 7 Right to Withdraw from the Agreement

§ 8 Complaints

§ 9 Out-of-Court Complaint and Redress Procedures

§ 10 Personal Data Protection

§ 11 Final Provisions

Attachment No. 1: Withdrawal Form

§ 1 Definitions

Regulations - this set of rules organizing the principles of using the Store by Customers.

Consumer - a natural person entering into an Agreement through the Store, not directly related to their business or professional activity.

Entrepreneur with Consumer Rights - a natural person entering into a civil law agreement through the Store, directly related to their business activity, when the content of this Agreement indicates that it does not have a professional character for this person, arising in particular from the subject of their business activity, disclosed under the provisions on the Central Registration and Information on Business. For the purposes of these Regulations, it is assumed that in the absence of differentiation of the indicated two groups of entities, the Regulations refer both to Consumers and Entrepreneurs with Consumer Rights.

Client - a natural person who has reached at least 13 years of age (provided that they have obtained the consent of a legal representative), a legal person, and an organizational unit not being a legal person, to which specific provisions grant legal capacity, using the Services provided by the Store.

Order Form - a service available on the Store's website, through which the Client can make a purchase, in particular by adding Goods to the Cart and specifying some of the Sales Agreement conditions, including the method of delivery and payment.

Cart - a component of the Store, where the Goods selected by the Client are visible, and where the Client has the opportunity to determine and modify the Order data, including the quantity of purchased Products.

Store - an online service, owned by the Seller, available at the domain: gymiosport.com, through which the Client can purchase Goods or Products from the Seller.

Seller - Kraina OZE Sp z o.o., located at: Żmigrodzka 242D, 51-131 Wrocław, entered in the register of entrepreneurs of the National Court Register, maintained by the District Court for Wrocław-Fabryczna in Wrocław, VI Economic Department of the National Court Register, under the number KRS: 0000765577, NIP: 8952198367, REGON 381975143, offering sales via its website as part of its business or professional activity..

Goods - a movable item that is the subject of trade between the Store and the Client, the conditions of sale are specified in the Order Form.

Goods with Digital Elements - goods containing digital content or digital service or connected with them in such a way that the lack of digital content or digital service would prevent its proper functioning.

Product - any goods or service, including real estate, digital services, and digital content, as well as rights and obligations.

Agreement - a distance sales agreement of Goods or Products concluded by the Client through the Store, usually via the Order Form.

Order - a declaration of intent by the Client, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of goods.

Client Account - a function of the Store (service provided electronically), thanks to which the Buyer can register their individual account in the Store.

§ 2 General Provisions

1. The online store: gymiosport.com, operating at the address: gymiosport.com, is run by: Kraina OZE Sp z o.o., located at Żmigrodzka 242D, 51-131 Wrocław, operating under the NIP number: 8952198367, REGON: 381975143.

2. These Internet Store Regulations define the rules for making purchases in the online store gymiosport.com, in particular the principles and procedure for concluding distance sales agreements through the Store, as well as the complaint procedure and the procedure for withdrawing from the agreement by the Consumer.

3. In terms of Services provided electronically, these Regulations are the regulations referred to in Article 9 of the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws of 2020, item 344, as amended).

4. The Regulations are addressed to all Store Clients. All Clients are obliged to familiarize themselves with the provisions of the Regulations before making a purchase.

5. Every Client is obliged to adhere to the provisions of the Regulations. Sales are conducted based on the version of the Regulations in force at the time of placing the order.

6. Every Client has the opportunity to familiarize themselves with the Regulations at any time by clicking on the hyperlink "Store Regulations" on the Store's website: gymiosport.com. The Regulations can be downloaded and printed at any time.

7. All information contained on the Store's website: gymiosport.com, relating to products (including prices), does not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964 (Journal of Laws of 2023, item 1610, as amended), but an invitation to enter into an agreement, in accordance with Article 71 of the Civil Code of April 23, 1964 (Journal of Laws of 2023, item 1610, as amended). By sending the Order Form, the Client submits an offer to buy and deliver the indicated Goods or Service at the price and under the conditions specified in the description.

§ 3 Rules of Using the Store

1. To use the Store's Services, it is necessary to have devices that allow access to the Internet and a web browser that enables the display of web pages, as well as providing an email address, allowing the sending of information regarding the execution of an order.

2. The ability to place an order in the Store does not require registration of a Client Account. The Client has the option to make a purchase without registration after reading and accepting the Regulations.

3. To register a Client Account in the Store, it is enough to fill out the registration form available on the page and accept the Regulations by providing the required personal data.

4. In the event that the Client violates the Regulations, especially by providing false data during registration, infringing the personal rights of other persons, or acting in a manner considered by the Store to be illegal or against the rules of using the Internet, the Store has the right to immediately block the Client's access to the Store or its part.

5. A person whose access to the Store has been blocked may not register again without the Store's consent.

6. The Store ensures the security of data and communication by applying appropriate technical and organizational measures aimed at protecting against unauthorized access or modification of data by third parties.

7.The Client is obliged to:

- not transmit content prohibited by law, e.g., inciting violence, defamatory, infringing the rights of third parties,

- use the Store in a manner that does not disrupt its functioning,

- avoid actions such as sending spam,

- use the Store without hindering access to other clients and with respect for the good name of the Store,

- use the Store's content exclusively for personal use,

- comply with Polish law, the terms of the Regulations, and generally accepted rules of using the Internet.

§ 4 Orders

1. The price given in the order represents the total value that the Client is obligated to pay, including the due tax (gross price). The Seller points out that the total price of the order consists of the price for the goods indicated in the Store and, if applicable in a given case, the costs of delivery of the goods and selected additional services.

2. If the Client is required to make a payment exceeding the agreed price, described in the previous paragraph, the Store will immediately inform the Client of this fact, explaining the reason for the price difference. The Client will be charged additional costs only after obtaining the Client's explicit consent.

3. The Seller reserves the right to change the prices found in the Store, introduce new Products for sale, conduct and withdraw promotional campaigns, or make changes to them, in accordance with the applicable legal regulations.

4. In case of introducing a promotion, the Store informs Clients about the lowest price of the Product from the last 30 days. If the Product has been on sale for less than 30 days, the price before the promotion is the lowest price since the introduction of the Product to the Store. This information is presented next to the promotional price of the Product.

5. Orders from Clients are accepted via the Order Form sent through the website: gymiosport.com or via email to the address: gymio@gymiosport.com, 7 days a week, 24 hours a day.

6. Placing an order for a Product is done by selecting the Product of interest, clicking the "ADD TO CART" button located next to the Product description, and then, from the "CART" section in the Store tab, filling out the Order Form, including the choice of delivery method and payment or selecting the option to pay on delivery, if such an option is available for the selected Product, and then clicking the purchase confirmation.

7. After placing an order, the Client receives an order confirmation to their email address provided in the Order Form.

8. After the Client receives confirmation of the acceptance of the offer, the process of order fulfillment by the Seller begins. The start of the order fulfillment process depends on the selected payment method:

a) In the case of placing an order with payment via electronic payment systems, the fulfillment process begins at the latest on the next business day after the order and payment are made.

b) In the case of placing an order with the option of payment on delivery, the fulfillment process begins at the latest on the next business day after the order is confirmed by the Seller.

c) In the case of placing an order with payment by traditional transfer - it begins at the latest on the next business day after the payment for the placed order is credited to the Store's bank account.

9. Orders placed in the Store are processed during the Store's working hours (on business days, from Monday to Friday, from 8:00 AM to 6:00 PM). Orders placed on business days after 6:00 PM, on Saturdays, Sundays, or holidays, will be processed the next business day.

10. The Client will receive a message about the commencement of the order fulfillment, which is understood as the Seller's declaration of acceptance of the offer. From the moment it is received by the Client, a Sales Agreement is concluded.

11. The sale is considered completed on the day the goods are handed over to the courier company or directly to the Client in the case of personal collection.

12. A VAT invoice is issued for every order. (Article 106b(3) of the Act of March 11, 2004, on Goods and Services Tax, Journal of Laws of 2023, item 1570, as amended).

13. Available means of communication between the Client and the Store are:

a) Email - gymio@gymiosport.com

b) Telephone - 71 727 62 69

c) Correspondence address - Żmigrodzka 242D, 51-131 Wrocław

d) Address for the purpose of exercising the right of withdrawal: Żmigrodzka 242D, 51-131 Wrocław

14. The Seller verifies the authenticity of reviews submitted by Clients who have purchased Products in the Store. The Store may provide buyers with a link where they can post their review.

§ 5. Delivery

1.Order shipment in the Store is carried out via a courier company.

2. Orders placed in the Store are shipped only on business days.

3. The waiting time for a package usually amounts to 2-3 days. The waiting time includes the order processing time, which is the compilation of Products for the order, and the estimated delivery time, which is 24 hours for Poland. For goods with a pre-order option, the estimated waiting time for order fulfillment is provided on the Product page.

4. The Seller is not responsible for delays caused by the carrier.

5. Upon receiving the package delivered by the courier, the Client should carefully check the content and completeness of the package, the condition of the external packaging, and the condition of the ordered Product in the presence of the courier. In case of damage to the package, the Client should prepare a damage report together with the courier, in two identical copies signed by the Client and the courier.

6. There is an option for personal collection of the ordered Product from the warehouse at the address: Żmigrodzka 242D, 51-131 Wrocław on business days between 9:00 AM and 3:00 PM.

7. Delivery costs depend on the Product and are indicated at the time of placing the Order.

§ 6. Payments

1. Within the operation of the Store, the following payment methods are available:

- by transfer, to the bank account number 48 1050 1575 1000 0090 3283 9186

- through payment platforms: PayNow,

- using cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.

- cash on delivery – by card or cash upon receipt of the package;

2. Detailed rules and conditions for making payments through banks or other available services are specified by the appropriate regulations of the relevant banks and services.

3. The Seller informs that in the case of some payment methods, due to their specificity, payment for the order by this method is possible only directly after placing the order.

4. A Client who has chosen the option of payment by transfer is obliged to pay the fee for the placed order within five business days from the date of the order. Otherwise, the Seller's offer is not binding. In the payment title, it is sufficient to provide the number of the order being placed. There is an option to extend the payment deadline, provided that the Store's service is informed in advance by email or phone about this fact.

5. A Client making purchases in the Store accepts the use of electronic invoices by the Seller. The Client has the right to withdraw their acceptance.

6. In the event of a need to refund funds for a transaction made by the Client with a payment card, the seller will make the refund to the bank account assigned to the Client's payment card.

§ 7. Right to Withdraw from the Agreement

1.In accordance with the Act of May 30, 2014, on consumer rights (Journal of Laws of 2020, item 287, as amended), a Consumer or Entrepreneur with Consumer Rights may withdraw from the Agreement regarding Products purchased in the Store without giving any reason, by submitting an appropriate written statement within fourteen (14) days from the day the Goods were received by the Consumer. This deadline is considered met if the Consumer or Entrepreneur with Consumer Rights sends the statement before its expiry.

2. A Consumer or Entrepreneur with Consumer Rights may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. A template of the declaration is Attachment 1 to these Regulations.

3. The declaration of withdrawal from the Agreement should be sent to the email address: gymio@gymiosport.com or delivered to the address: Żmigrodzka 242D, 51-131 Wrocław.

4. The person withdrawing from the Agreement is obliged to return the Goods to the Seller within fourteen (14) days from the day they withdrew from the Agreement. To keep the deadline, it is enough to send the Goods back before its expiry.

5. The person withdrawing from the Agreement bears only the direct costs of returning the Goods.

6. The return of the Goods should be made to the Seller's address: Żmigrodzka 242D, 51-131 Wrocław.

7. The Seller, within fourteen (14) days from the day of receiving the declaration of withdrawal from the Agreement, will refund all payments made by the person withdrawing from the Agreement, including the cost of delivering the Goods, but the refund will not be made before receiving the Goods back or receiving proof of its return from the person withdrawing from the Agreement.

8. If the person withdrawing from the Agreement chose a method of delivery of the Goods other than the cheapest one offered by the Seller, the Seller is not obliged to refund any additional costs incurred by the person withdrawing from the Agreement.

9. The Seller is obliged to make the refund using the same method of payment that was used by the person withdrawing from the Agreement.

10. The person withdrawing from the Agreement is responsible for any decrease in the value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

11. The right to withdraw from the Sales Agreement does not apply to a Consumer or Entrepreneur with Consumer Rights in relation to an Agreement:

a) where the object of the service is a non-prefabricated item, manufactured according to the Customer's specification or serving to satisfy their individualized needs;

b) where 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 withdrawing from the Agreement;

12. The right to withdraw from a distance contract is available to Consumers and Entrepreneurs with Consumer Rights.

§ 8. Complaints

1. Complaints are considered based on the warranty for physical and legal defects of the Product, in accordance with the Civil Code, particularly articles 556 to 576.

2. Complaints regarding Products can be reported:

a) in writing, to the Seller's address: Żmigrodzka 242D, 51-131 Wrocław;

b) by email, to the email address: gymio@gymiosport.com

3. The complaint notification should include:

- the device's details (name, type, and model),

- the serial number of the device,

- the complainant's details along with contact information,

- the purchase date of the device and the invoice number or order number,

- the date of complaint submission and the date the defect was discovered,

- a precise description of the defect and the content of the demand,

- the Client's preferences regarding the way of handling the complaint (price reduction, product exchange, repair, replacement, return of the product).

To expedite the service, the following can be attached to the complaint notification:

- proof of purchase of the device,

- photos and videos showing the reported problem.

4. The Client will be informed about further steps related to the complaint procedure by email to the address provided by the Client or by phone.

5. The complaint will be considered within 14 days from the date of its submission.

6. The above provisions do not exclude the possibility of the Seller providing a warranty for the purchased Products, which is provided for in a separate warranty regulation.

§ 9 Out-of-Court Complaint and Redress Procedures

1. In the event that the complaint procedure does not yield the result expected by the Consumer, the Consumer may use, among others:

- mediation conducted by the appropriate local Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates is available at:

- the assistance of the appropriate local permanent amicable consumer court, operating at the Provincial Inspectorate of Trade Inspection, to which an application for the case to be considered by the amicable court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.

- free assistance from a city or county consumer ombudsman.

- the Online Dispute Resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/.

2. This chapter titled "Out-of-court dispute resolution" does not apply to Entrepreneurs with Consumer Rights.

§ 10 Personal Data Protection

1. By placing an order, the Client consents to the processing of their personal data provided, for the purpose of executing and handling the order, by the Seller, who is also the administrator of personal data, in the sense of Article 7 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 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 (General Data Protection Regulation), Official Journal of the European Union L 119, May 4, 2016, pages 1–88.

2. The administrator of personal data provided by the Client while using the Store is the Seller.

3. Personal data in the Seller's database are not transferred to entities that do not participate in the execution of the Agreement.

4. In accordance with Article 15 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 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 (General Data Protection Regulation), Official Journal of the European Union L 119, May 4, 2016, pages 1–88, the Client has the right to access their personal data and may request their correction or deletion. The Seller provides each Client with the right to control the processed personal data.

5. The provision of personal data is voluntary, however, refusal to consent to the processing of personal data prevents the fulfillment of the Client's order.

6. Detailed information on personal data and privacy protection is contained in the "Privacy Policy" section on the Store's website.

§ 11 Final Provisions

1. The Regulations define the rules for concluding and executing the Sales Agreement for Products listed on the Store's website.

2. The sales agreement is concluded between the Client and the Seller.

3. The Regulations are available to all Clients in electronic form on the Store's website: gymiosport.com, under the "Store Regulations" tab.

4. Matters not regulated by these Regulations are subject to the relevant provisions of generally applicable law.

5. The Regulations do not exclude or limit any rights of the Client who is a Consumer, which are granted to them by the mandatory provisions of the law of the Consumer's country of origin. In case of a conflict between the provisions of the Regulations and the mandatory provisions of the law of the Consumer's country of origin, granting consumers rights, the provisions of the law shall prevail.

6. Provisions of the Regulations that are less favorable to the Consumer than the provisions of the Act of May 30, 2014, on consumer rights (Journal of Laws of 2020, item 287, as amended) are void, and the provisions of the Act are applied instead.

7. Should any of the provisions of these Regulations be or become invalid or ineffective, the validity of the entire Regulations in the remaining part remains unaffected. In such a case, the Parties will replace the invalid or ineffective provision with another that most closely reflects the intended economic goal. This also applies to any gaps in the Regulations.

Attachment 1: Withdrawal Form from the Agreement by the Consumer or Entrepreneur with Consumer Rights

Location: ___________, Date: __________ r.

Consumer/Entrepreneur with Consumer Rights:

Name and Surname: ____________________________

Address: _____________________________________

E-mail: _______________________________________

Phone: _______________________________________

Entrepreneur:

Name: Kraina Oze sp. z o.o.

Address: Żmigrodzka 242D, 51-131 Wrocław

WITHDRAWAL FORM FROM THE AGREEMENT BY THE CONSUMER OR ENTREPRENEUR WITH CONSUMER RIGHTS

Hereby, acting under Article 27 of the Act of May 30, 2014, on consumer rights (Journal of Laws of 2020, item 287, as amended), I/we inform about my/our withdrawal from the agreement concluded on _______________________, involving:

___________________________________________________________________________________________________________________________________________________________________________________________________________________________

___________________________________________________________________________________________________________________________________________________________________________________________________________________________

In connection with the above, I kindly request the return of the following amount of money resulting from the withdrawal from the agreement: _______________ PLN (in words: _________________________________________________), which should be transferred to the following bank account number: ________________________________________________________________________.

Instruction:

The Consumer, as well as the Entrepreneur with Consumer Rights, has the right to withdraw from the Agreement within 14 days without stating any reason, and in the case of an Agreement concluded during an unarranged visit at the Consumer's residence or habitual stay or during a trip - within 30 days. The deadline for withdrawing from the Agreement expires after 14 days from the day of concluding the Agreement or on which the Consumer came into possession of the goods/batch of goods or part or on which a third party, other than the carrier and indicated by the Consumer, came into possession of the goods/batch or part, and in the case of an Agreement concluded during an unarranged visit at the Consumer's residence or habitual stay or during a trip - after 30 days from the day of coming into possession of the goods/batch of goods. To exercise the right to withdraw from the Agreement, the Consumer must inform the Seller, i.e., gymiosport.com, at the address: Żmigrodzka 242D, 51-131 Wrocław, via email: gymio@gymiosport.com, of their decision to withdraw from the Agreement by an unequivocal statement sent by traditional mail or email. The Consumer may use the model withdrawal form attached to these Regulations, which is not obligatory. The deadline is considered met if the Consumer sends information concerning exercising the right to withdraw from the Agreement before the deadline to withdraw from the Agreement. The Consumer should return or hand over the Product to the Seller, at the address: Żmigrodzka 242D, 51-131 Wrocław, promptly, and in any event not later than 14 days from the day on which the Consumer informed the Seller about the withdrawal from the Agreement. The deadline is considered met if the Consumer sends back the Product before the expiry of the 14-day period. In the event of withdrawal from the Agreement, the Seller returns to the Consumer all payments received from the Consumer, including the costs of delivering the Product (except for additional costs resulting from the Consumer's choice of a type of delivery other than the cheapest standard delivery method offered by the Seller), immediately, and in any event not later than 14 days from the day on which the Seller was informed about the decision to exercise the right to withdraw from the Agreement. The Seller may withhold the reimbursement until the Product is received back, or until the Consumer provides proof of its return, whichever occurs first. The Seller will carry out such reimbursement using the same means of payment as used for the initial transaction unless the Consumer has expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of such reimbursement.

__________________

(Consumer's/Entrepreneur with Consumer Rights' signature)