RULES FOR SPORT MODA ONLINE STORE


The owner of the online store www.sportmoda.pl is SPORT MODA MITKIEWICZ SP.J. with registered office: 34-500 Zakopane ul. Krupówki 29, Poland, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków - Śródmieście in Kraków, XII Commercial Department of the National Court Register, under the number: 0000684750, VAT NO: 7360007999, REGON: 492930090.

SPORT MODA SP.J. 34-500 Zakopane ul. Krupówki 29

bank accounts :
for PLN currency : IBAN PL51 1050 1474 1000 0012 0018 9387, SWIFT: INGBPLPW
for EUR currency : IBAN PL72 1140 2004 0000 3212 0674 6384, SWIFT: BREXPLPWMBK



GENERAL CONDITIONS


The Regulations define the rules of using by Customers of the www.sportmoda.pl website. In these Regulations:

- the Store is an online store operating at www.sportmoda.pl, conducting mail order sales of products in its offer by the Internet,

- Customers are natural or legal persons making purchases in the Store.

All content presented on the website www.sportmoda.pl are solely of promotional nature, do not constitute an offer within the meaning of the Civil Code and can not be the basis for any claims against SPORT MODA SP.J. Information on products is available on the website www.sportmoda.pl. All products offered at the www.sportmoda.pl store are new and have been legally placed on the Polish market.

The prices quoted on individual products in the Polish language version of the Store are expressed in Polish zlotys PLN, in the English version they are expressed in Euro - EUR. Prices include all of their components like customs duties, VAT and other taxes. Product prices do not include shipping costs.

The price may be changed by publishing new price offers on the www.sportmoda.pl website and binding the Store from the moment of publication and has no impact on the performance of contracts concluded as a result of previously placed orders.
Orders can be placed in the Store 24 hours a day throughout the year.



PLACING ORDERS AND TERMS OF DELIVERY


The Customer can place an order in the store in two modes:
- without registering
- by registering and setting the account, during which the Customer will receive to his e-mail address confirmation of registration along with the password of access to the account


Steps for ordering:
- after selecting the product and its size (the products presented in the store are given sizes according to the German size chart), click the "add to cart" icon, then you can continue choosing other products from the Store offer or click the "complete order" icon and go to finalizing the purchase
- provide your contact details, data necessary to issue the invoice and address details necessary for the delivery; it is important to provide correct e-mail address, which will ensure that the Customer can receive all confirmations and information generated automatically by the system
- select the method of delivery and payment method for the order and make the final order, however, if you choose "fast transfer" or "credit card payment", payment is made immediately after placing the order
- the Customer makes a statement about familiarizing with the Regulations and consents to the processing of personal data
- after placing an order in the Shop, the order status is automatically sent to the e-mail address provided by the Customer - confirmation of the order by the Store or waiting for payment, in this case the confirmation of the order is sent after receiving the payment
When placing orders, the Customer is obliged to provide real data in the order form. The Store reserves the right to verify this data by the Store service, by phone or e-mail, if it is determined that the given data is incomplete or contains significant errors. Orders for which there are any doubts will be verified; such an order may be cancelled and the Customer will be informed about the cancellation by e-mail.
If the Customer wants to make changes to the confirmed order, he can do it only by contacting the Store service at: sklep@sportmoda.pl  or by phone at: +48 1820 614 29. Any changes to the order or cancellation of the order may be made only until the goods are sent to the Customer by the Store's service.
In case that a part or the whole of the order can not be processed due to the unavailability of any of the products ordered, the Customer is informed about the order status and decides on the way of its implementation - i.e. the partial order or the whole order being canceled. The Store is also obliged to inform the Customer in case of the need to extend the deadline for the contract, related to the temporary lack of ordered goods and specify the expected date of the contract. If the Customer does not agree to extend the time of the contract, he can completely resign from the order or give up only a position that extends the duration of the contract. If the whole or part of the order is canceled, the Store will refund the prepaid amount received to the Customer's bank account.
At the time of delivery of the ordered goods, the Customer is automatically notified and receives the parcel number by e-mail. Local shipments can be tracked on the Poczta Polska S.A. website: http://emonitoring.poczta-polska.en/ , international shipments can be tracked on the GLS website: https://gls-group.eu/PL/en/parcel-tracking.



SHIPPING COSTS AND METHODS OF PAYMENT


Shipping costs:
- shipping of ordered products to the address in Poland is free if the Customer choose the cheapest method of delivery offered by the Store
- the shipping cost to European Union countries depends on the location of the destination country:
15 EUR to: Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, France, Germany, Hungary, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Slovenia, Slovakia, UK
20 EUR to: Bulgaria, Finland, Ireland, Spain, Portugal, Romania, Sweden
55 EUR to: Greece, Malta International postage is carried out by GLS courier.

Payments for the order can be made by selecting one of the methods:

• cash on delivery COD - payment to the courier upon delivery (available only in Poland)
• prepayment by a traditional transfer to a bank account
• online payment with mTransfer, available for mBank clients only from Slovakia, Czech Republic & Poland
• online payment by electronic transfer operated by eCard (available only for Polish Customers)
• online payment by a payment card: Visa, Visa Electron, MasterCard, Maestro, MasterCard Electronic

eCard Payment options

Online payments in EUR and GBP currency are handled by eCard S.A.
• Apple Pay (payments processed with Apple Pay are serviced by PayLane sp. z o.o. which is located in Gdańsk at ul. Norwida 4, zip code: 80-280, KRS: 0000227278)

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On traditional transfers, enter the order number and the Customer's first and last name in the "title" field.
If you choose quick online payments operated by the eCard payments system, all the data necessary to make a transfer are generated automatically and the Customer should pay directly after placing the order.
If the payment does not reach the Store's account within 5 days from the date of placing the order, it will be canceled, about which the Customer will be informed by e-mail.



ORDER PROCESS


The shipment is carried out in the way chosen by the Customer at the time of ordering, to the delivery address indicated by the Customer. The delivery of purchased products, according to the rules specified in the Regulations, takes place only on Poland or European Union countries territory. Receipt of orders and delivery outside of the European Union is not carried out by the Store.
The choice of payment method and delivery options affects the time of order fulfillment:
a.  In the case of COD delivery - payment to the courier upon delivery - the purchased product will be sent after checking the availability by the Store service, no later than on the first business day after order confirmation by the Store
b.  In the case of prepayment before shipment i.e. choosing the option "payment by bank transfer" or "payment by credit card", the product purchased will be sent no later than on the first business day after receipt of payment on the Store's account in the correct amount according with the order submitted by Customer .

The delivery time is the period in which the parcel is delivered to the Customer from the moment of consignment.
Shipment in Poland is carried out by Poczta Polska S.A. as a shipment POCZTEX KURIER 48 or shipment POCZTEX EXPRESS 24. Expected delivery time for the POCZTEX KURIER 48 - guaranteed delivery within two business days from the date of shipment, for POCZTEX EXPRESS 24 - guaranteed delivery on the next business day after the date of shipment. The deadlines given above are valid for shipments sent before 3pm and are declared by Poczta Polska S.A. on the website www.pocztex.pl. In the case of shipment after 3pm, delivery may be extended by one working day.

Shipping to the European Union countries is carried out by GLS courier. The delivery time to the European Union is about 2-7 working days from the moment of sending the parcel. Shipping outside of Poland is possible only in the case of prepayment of the entire price of the order along with the cost of shipment to the Store's bank account.

The delivery costs will be placed on the fiscal receipt or VAT invoice as a separate item. The Customer is informed about the cost of delivery at the time of placing the order before the Customer finally accepts the order.
The store is not responsible for non-delivery of products or delay in delivery caused by an incorrect or inaccurate address provided by the Customer.
Each parcel is accompanied by cash register receipt or VAT invoice. If the Customer wants to receive a VAT invoice, all the data necessary to issue a VAT invoice should be provided at the time of ordering.



WITHDRAWAL FROM AGREEMENT


The Customer, in accordance with the Consumer Rights Act of June 24, 2014, may withdraw from a contract concluded at a distance, for no reason, by submitting a declaration of withdrawal from the contract within 14 days of receiving the shipment. This concerns only to consumer sales, and thus applies only to sales to a natural person who makes purchases for purposes not related to professional or business activity.  The form of withdrawal from the contract is available as a FORM AVAILABLE FOR DOWNLOAD. The withdrawal from the contract can be made by submitting a declaration by e-mail to the following e-mail address: zwroty@sportmoda.pl, by phone or by sending a written statement to the following address: SPORT MODA SP.J. 34-500 Zakopane, ul. Krupówki 29, preferably in one shipment with the returned product.
In the event of effective withdrawal under this procedure, the contract of sale is considered void and the services of both Parties to the contract of sale shall be immediately returned.
The Customer is obliged to return the product to the Shop to the address: SPORT MODA SP.J. 34-500 Zakopane, ul. Krupówki 29 Poland, immediately, but no later than within 14 days from the day on which he withdrawn from the contract. The product should be returned by the Customer complete, not used, with all components and accompanied by the original proof of purchase (cash register receipt or VAT invoice). Returned items can not bear traces of use or be damaged, labels and seals can not be detached. The Customer is liable for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functionalities of the item.
The store guarantees the return of the purchase price of the returned product and the cost of delivery to the Customer up to the cheapest way of delivery of the parcel offered by the store. The payment is returned within 14 days from the date of receipt of the statement of withdrawal from the contract. The refund will be made using the same payment methods that were used by the Customer in the original transaction, unless the Customer explicitly agreed to another solution. In any case, the Customer will not incur any fees in connection with this refund. The store may refrain from returning the payment until receives the item back or receives confirmation from the consumer about sending it back.
In the case of payment by a payment card, the refund may be made directly to the Customer's payment card. In the event of a refund to the bank account, the Customer is obliged to indicate the bank account number to which the refund should be made in a statement of withdrawal from the contract. The store does not accept any parcels sent by the Customer as a payment to the courier upon delivery. The Customer bears the costs of returning the product to the Store in case of withdrawal.




EXCHANGE OF GOODS


Within 14 days of delivery of the goods to the Customer, the Customer may exchange it for another goods at the same or higher price. In order to exchange, the Customer should:
-fill the form of exchange of goods - available as FORM AVAILABLE FOR DOWNLOAD - filling out this form is not necessary; in case if the Customer wants to exchange only the size of the same product that he has previously purchased in the Store, it is enough to submit the will to exchange the product to the Store service by phone: +48 1820 614 29 or by email at: sklep@sportmoda.pl
-report on your own expense the product along with the completed form of exchange of goods to the following address: SPORT MODA SP.J. 34-500 Zakopane, ul. Krupówki 29 Poland
- pay the difference in prices between the ordered and returned goods; for this purpose, the Customer should contact the Store service by phone at: +48 1820 614 29 or by e-mail at: sklep@sportmoda.pl
The product should be returned by the Customer complete, not used, with all components and accompanied by the original proof of purchase (cash register receipt or VAT invoice). Returned items can not bear traces of use or be damaged, labels and seals can not be detached. The Customer is liable for a reduction in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
The new product will be sent to the Customer, at the expense of the Store, immediately after delivery to the Store of goods that are subject to exchange.




CONDITIONS OF COMPLAINT


All products available in the store come from a legal source, are original, brand new and have a manufacturer's quality guarantee. The Store is obliged to provide the Customer with a product free from defects. If, after receiving the purchased product, the Customer finds a defect, he can use the warranty rights or the warranty under Article. 5561 and 5563 of the Civil Code.
The Customer has the right to lodge a complaint in the Store under the warranty in the event of finding physical or legal defects in the delivered products, i.e. product non-conformity with the contract, in particular when the product:
- it has no properties that a product of this type should have
- does not have properties that the Customer has been provided by the seller or advertisement
- it is not suitable for the purpose about which the Customer informed the store at the time of signing the contract
- it was delivered to the Customer in an incomplete state
In case of finding a product defect, the Customer has the right to:
    1. demand a price reduction
    2. withdraw from the contract,
unless the Store immediately and without excessive inconvenience for the Customer will replace the defective product with a product free of defects or remove the defect.
The store is not a guarantee of products. If the guarantor provides a quality guarantee covering the product, its terms and conditions are made available with the product. The guarantee entitlements are made in accordance with the conditions included in the guarantee document attached to the product.
Claims under warranty or guarantee may be submitted by the Customer in person, by phone, by e-mail to: reklamacje@sportmoda.pl (due to the need to assess the product defect in addition to the complaint Customer must also send the product back) or send the complaint with the product to the address: SPORT MODA SP.J. 34-500 Zakopane ul. Krupówki 29, Poland. The product to be returned must be accompanied by proof of purchase, eg a receipt or a copy of the VAT invoice and a completed complaint form - you can use the FORM AVAILABLE FOR DOWNLOAD The store does not accept parcels sent as a payment to the courier upon delivery.
A warranty claim will be processed within 14 days, and a guarantee claim within 30 days, which will be notified to the Customer by phone, email or in writing. Failure to notify the Customer about the way of its consideration in the above-mentioned period will be treated as acknowledgment of the complaint. If the complaint is considered justified, the defective product will be repaired or replaced with a new, full-fledged product, and if it is impossible due to unavailability of the product, the Store will refund the equivalent of the product purchase price to the Customer. Shipping costs of the product being complained about, the Shop returns in case the complaint is considered justified. The Customer has the right to lodge a complaint within 2 years from the date of purchase of the product in the store.




PERSONAL DATA PROTECTION


The Administrator of personal data is SPORT MODA MITKIEWICZ SP.J. with registered office 34-500 Zakopane, ul. Krupówki 29 Poland, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków - Śródmieście in Kraków, XII Commercial Department of the National Court Register, under the number: 0000684750, tax identification number NIP: 7360007999, REGON: 492930090.
Filling out the registration form and accepting these Regulations is tantamount to consenting to the processing of personal data provided by the Customer in order to execute the concluded sales contract, in particular the operational order processing, shipping or delivery of ordered products, performance of obligations under warranty and granted guarantees, recovery of receivables and exercising other rights and obligations under applicable laws.
Providing personal data by the Customer and consent to their processing are necessary to complete the order by the store.
The Customer's personal data may be transferred by the Administrator to third parties participating in the process of performance of the sales contract, for proper performance, e.g. Poczta Polska SA, companies that handle payment transactions. In particular, the transfer of personal data to eCARD S.A. in case Customer make online payment, concerns only the personal data necessary to make the payment by eCARD S.A.
The entrusted personal data are processed by the Administrator solely for the purpose of order fulfillment, including invoice issuance and financial reporting for the period necessary to perform the sales contract and provided for by applicable law.

Customer's personal data is protected and processed in accordance with Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (general regulation on data protection) hereinafter referred to as the Regulation, the Act on the Protection of Personal Data of 29 August 1997 (consolidated text: Journal of Laws of 2016, item 922, as amended), Act on the provision of electronic services from July 18, 2002 and the Regulation of the Minister of Interior and Administration regarding the documentation of personal data processing and technical and organizational conditions which should be met by devices and IT systems used to process personal data.
Customer's personal data is not transferred, lent, sold or made available to third parties, unless it happens in the case of:
 • explicit consent of the data subject
 • transfer of data to authorized bodies on the basis of legal provisions
Customer's personal data is not shared with third parties for marketing purposes.
The Customer has the right to access their personal data, to be transparently informed by the Administrator and to transparent communication. Access to personal data of registered Customers with an established account, is possible at any time, after logging in to the account in the tab "My personal data". A copy of the data can be downloaded in pdf or csv format.
The Customer has the right to rectification on inaccurate personal data. A registered Customer can correct his personal data after logging in to the account in the "My personal information" tab.
The Customer has the right to erasure of personal data - "the right to be forgotten" or restriction of processing in situations specified in Article 17 and Article 18 of the Regulation.
The Customer has the right to withdraw consent to the processing of personal data, without affecting the legality of the processing, which was made on the basis of consent before its withdrawal. Consent may be withdrawn at any time.
The Customer has the right to object to the processing of personal data, as well as the right to portability under art. 20 and 21 of the Regulation.

Demand to erasure ("being forgotten"), rectification, portability of personal data, as well as withdrawing consent to their processing, or opposition to the processing of personal data, the Customer can send to the Administrator by the contact form and selecting "Personal data administrator".
The Customer has the right to lodge a complaint with the Inspector General for Personal Data Protection when he considers that the processing of his personal data violates the provisions of Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to data processing on the free movement of such data and the repeal of Directive 95/46 / EC (general regulation on data protection).



FINAL DECISIONS


Regulations come into force on 10/04/2019, the date of the previous modification on 15/04/2018.
In matters not covered by these regulations, in particular to conclude and perform sales contracts, the provisions of the Civil Code, the Act on special terms of consumer sales and amendments to the Civil Code and the provisions of the Act on the protection of consumer rights and liability for damage caused by a dangerous product shall apply. These regulations do not exclude or limit any rights of the Customer who is a consumer, who is entitled to him under the mandatory provisions of law. In the event of a conflict between the provisions of these Regulations and the mandatory provisions of law, granting rights to consumers, priority is given to these provisions.
All disputes arising on the basis of the Regulations or sales contracts will be settled by a Polish court of law. The Customer accepting these regulations declares that he has read the content and agrees with all its provisions.