TERMS & CONDITIONS

FOR THE ONLINE SHOP

CALIATHLETICS

HTTPS://WWW.CALIATHLETICS.COM/SHOP/

1. The Seller’s identity :

 CALIATHLETICS SP. Z O.O. ,

Os. Tysiąclecia 18/68,

31-606 Kraków,

NIP : 6783192934,

customerservice@caliathletics.com

1. Definitions
2. The terms used in these Terms and Conditions shall have the following meaning:
3. a) Business Days – these shall be the days from Monday to Friday, excluding public holidays;
4. b) Customer – a natural person with a full legal capacity, a natural person who conducts business activity, a legal entity or an organizational unit without legal personality, vested with a legal capacity by special provisions, who places an order in the Online Shop or uses other Services available in the Online Shop;
5. c) Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, Item 93, as amended);
6. d) Digital content- files, which is not recorded on a material carrier.
7. e) Account – a section of the Online Shop ascribed to the Customer that he can use to perform specific actions in the Online Shop;
8. f) Consumer – the Customer being a consumer within the meaning of the provisions of Article 22 [1] of Civil Code;
9. g) Entrepreneur – the Customer being an entrepreneur within the meaning of the provisions of Article 43[1] of Civil Code;
10. h) Newsletter service- the Seller’s commercial information in the form of messages sent to the Customer’s electronic mail address.
11. i) Terms and Conditions – this document;
12. j) Goods – the product presented in the Online Shop, with its description available with each of the presented products;
13. k) Sales Agreement – a sales agreement of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
14. l) Services – the services rendered electronically by the Seller for the benefit of Customers within the meaning of the provisions of the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
15. m) Act on Consumer Rights – the Act on Consumer Rights dated 30 May 2014 (Journal of Laws 2014, No. 827);
16. n) Act on Rendering Electronic Services – the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
17. o) Order – declaration of the Customer’s will leading directly to the conclusion of a Sales Agreement, specifying in particular the kind and amount of Goods.

III. General provisions

1. These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop https://www.caliathletics.com/shop/ .
2. The Shop is operated by CALIATHLETICS SP. Z O.O. , hereinafter referred to as the Seller.
3. These Terms and Conditions are always available at the website https://www.caliathletics.com/shop/ . , which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
4. The Online Shop can only be used by those who have read and fully accepted this terms and condition for the online shop CALIATHLETICS. Reading and accepting terms and condition for the online shop CALIATHLETICS is considered as providing an information by Contractor to the Customer, which is mentioned in article 12 of Consumer Protection Act form 30th of May 2014 (Dz. U. from 2014 pos. 827), information required is included below.
5. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Firefox, Chrome, Safari, Internet Explorer, Opera, enabling cookies and JavaScript in the web browser.
6. The Services are made available by the Seller in the Online Shop free of charge and are rendered by the Seller 24 hours a day, 7 days a week.
7. The Agreement for the provision of service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the account or uses the button “Delete Account”.
8. The Agreement for the provision of the Newsletter service shall be concluded an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter service.
9. If the Customer breaches these Terms and Conditions, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may terminate the agreement for the provision of Services upon a 14 days’ notice.
10. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. The Products are presented in accordance with legal regulations and are as accurate as possible.
11. Sales Agreement
12. Information about the Goods as provided on the Shop websites, in particular their descriptions, technical and functional parameters as well as prices constitute an invitation to conclusion of an Agreement within the meaning of Article 71 of the Civil Code.
13. All the Goods available in the Online Shop are brand new, free of physical and legal defects.
14. Orders can be placed by Internet users, who have correctly filled in registration form which could be found in the Online Shop website. Orders can be placed also without registration form.
15. Registration form requires the following data: name, surname, shipping address, e-mail address, contact phone number. Improper filling of the Registration Form or providing incorrect data may cause the Contractor to withdraw from completing an Order. A lack of due diligence while filling in the form may cause the Client being obligated to cover additional expenses such as: compensation, costs of improper postage, costs of resending the order to the right address, or any other rightful costs incurred by the Online Shop to complete the Order.
16. To place an Order, an active electronic mail account is required. If the Order is placed via the Order form available on the Online Shop website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Goods being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends – to the electronic mail address provided by the Customer – a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Sales Agreement shall be concluded.
17. The sales Agreement shall be concluded in English and its provisions shall correspond to the Terms and Conditions.
18. Order can be placed 24 hours a day, 7 days a week. Orders will be completed at maximum within 7 business days after the charge will be posted to Online Shop account as successful. However, CALIATHLETICS team will do everything possible to shorten shipping time to a minimum.
19. Online Shop will begin order completion after the Order is successfully placed and payment due for the Order and shipment is made.
20. Delivery of the goods
21. We are shipping worldwide. It is performed to the address indicated by the Customer when placing the Order.
22. Delivery of the Goods is carried out by a post operator or parcel delivery company.
23. On the Shop websites, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges.
24. The deadline for delivery and processing of the Order shall be calculated per Business Days.
25. If the ordered Goods have different delivery deadlines, the longest deadline shall apply to the whole Order.
26. Every package is sent as a priority mail and will be send within 3-5 working days. Delivery time depends on location and local post service, usually it takes 3-14 days to deliver product in some rare cases it may take longer. In case your item would not be delivered within 21 days please contact customerservice@caliathletics.com and you will be provided with information about parcel location based on tracking system we use. Please stay patient and be aware that in some locations post service is not dependent on us and may take a bit longer than expected.
27. In the event of sending the Goods to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the parcel in time and in the manner accepted for such shipments. If he determines that during the transport there was a loss or damage to the Goods, he is obliged to perform all actions necessary to determine the liability of the carrier. “
28. Prices and methods of payment
29. The prices are provided in USD and include all elements, in particular VAT(Value added Taxes ) and other charges.
30. The Customer may choose the following payment methods:
31. a) electronic payment PayPal (in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Seller receives information from the system of the payment processing agent that the Customer has made the payment, and the Goods shall be dispatched immediately after the Order is completed).
32. When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.
33. When making a payment via an electronic payment operator, the User should follow the instructions given by the operator of electronic payments in order to make a payment.

VII. The right to withdraw from the Agreement

1. The Consumer can repudiate a purchase contract for a product without giving reasons for a cooling-off period of 14 clear days from the date of delivery. The Seller may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
2. The Consumer can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons during at least 14 days. The Seller may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
3. The Customer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement.
4. The 14-days’ deadline shall be calculated from the day when the Goods were delivered or – in the case of an Agreement for Services – from the day it was concluded.
5. Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from Agreement to the Consumer’s electronic mail address.
6. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, features and functioning of the item. The items should be returned immediately, not later than within 14 days.
7. The purchased Goods should be returned to the address of the Seller, attaching the proof of purchase.
8. The Seller shall immediately, but not later than within 14 days from receipt of the Consumer’s declaration on withdrawal from the Agreement, return to the Consumer all the payments he has made, including the costs of delivery for the Goods. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.
9. The Seller may withhold the refund of payment received from the Consumer until he receives the returned item or the Consumer provides a proof of its return dispatch, whichever comes first, unless the Seller offered to pick up the item from the Consumer by himself.
10. If the form of delivery of the Goods selected by the Consumer is other than the least expensive, regular form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Consumer any additional costs he has incurred. The Customer shall only incur the direct cost of return of the Goods, unless the Seller has agreed to incur that cost.

VIII. Exclusion of the right of withdrawal

1. The right to withdraw from Agreement by the Consumer shall be excluded in the following cases:
2. a) for rendering services, if the Seller has performed the service in full with express consent on the part of the Consumer who had been informed – before the service was commenced – that upon completion of the service he shall lose the right to withdraw from agreement;
3. b) for an agreement the price or remuneration for which depends on fluctuations on the financial market that are beyond control of the Seller and that may occur before the lapse of the time allowed for withdrawal from the agreement;
4. c) for an agreement where the subject of the service are non-prefabricated Goods manufactured as per the specifications of the Consumer or serving to satisfy his unique needs;
5. d) for an agreement where the subject of the service are Goods which deteriorate quickly or have a short shelf life;
6. e) for an agreement where the subject of the service are Goods delivered in a sealed packaging that cannot be returned if opened, due to health protection issues or for sanitary reasons, if the packaging is opened after delivery;
7. f) for an agreement where the subject of the service are Goods which after delivery, due to their nature, remain inseparably connected with other items;
8. g) for an agreement where the subject of the service are alcoholic beverages, the price of which was agreed on conclusion of the Sales Agreement, and which may be delivered only after 30 days, and the value of which depends on fluctuations on the market that are beyond control of the Seller;
9. h) for an agreement where the Consumer expressly requested the Seller to visit him in order to perform an urgent repair or maintenance; if the Seller additionally performs other services than those requested by the Consumer, or if he delivers other Goods than the spare parts necessary for the repair or maintenance, the Consumer shall have the right to withdraw from agreement as regards the additional services or Goods;
10. i) for an agreement where the subject of the service are audio or video recordings or computer software delivered in a sealed packaging, if the packaging is opened after delivery; the delivery of journals, periodicals or magazines, except for a subscription agreement;
11. j) for an agreement concluded in a public auction;
12. k) for an agreement for rendering services in the scope of accommodation, other than for residential purposes, transport of items, car rental, catering, services connected with leisure, entertainment, sports or cultural events, if the agreement indicates the day or period when the service is to be rendered;
13. l) for an agreement for the delivery of digital content which is not recorded on a material carrier, if the performance of the service commences upon an express consent of the Consumer before the lapse of the time for withdrawal from agreement and after he has been informed by the Seller about losing the right to withdraw from the agreement.
14. Complaints
15. The Seller shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
16. The Seller undertakes to deliver Goods free from defects.
17. The Seller shall be liable towards the Customer who is a Consumer, under warranty for defects in accordance with the provisions laid down in Article 556 – 576 of the Civil Code.
18. Complaints arising out of a breach of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to the following address “ Os. Tysiąclecia 18/68 31-606 Kraków or to the electronic mail: customerservice@caliathletics.com .
19. It is recommended that the Customer provides the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact information.
20. The Seller undertakes to process each complaint within 14 days. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
21. If the customer who is a consumer has demanded the replacement or removal of the defect or submitted a price reduction statement, specifying the amount by which the price is to be reduced and the seller did not respond to the request within 14 calendar days, it is considered that the complaint was justified.
22. The Customer who exercises the rights under the warranty is obliged to deliver the defective Product at the expense of the Seller to the following address: St. Kościuszki 1 31-700 Bochnia. If, due to the nature of the Product or the way it is mounted, the delivery of the Product by Customer would be extremely difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.
23. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product to the Customer who is not a consumer shall be excluded.
24. The Customer who is a Consumer has, among others, the following possibilities to use the out-of-court ways of settling complaints and pursuing claims:
25. a) he has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement;
26. According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.
27. The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU”s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/.
28. Force majeure
29. Neither Party can be held liable for the non-performance of any of its obligations, if such non-performance is due to an unforeseeable event beyond its control or a force majeure incident including but not limited to flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than five (5) business days after said event occurs.
30. The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.
31. Protection of personal information
32. Personal data in the Online Shop shall be processed by the Seller(Controller) in accordance with the binding legal regulations, in particular the Regulation (EU) 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 (General Data Protection Regulation).
33. The Customer’s personal data may be processed in order to implement the Sales Agreement, the correct implementation of services provided electronically and to keep the Customer informed about the products and services provided by the Seller.
34. The Seller applies appropriate technical and organizational measures to ensure the protection of personal data being processed.
35. Additional explanations regarding the protection of personal data are contained in the “Privacy Policy”.

XII. Final Provisions

1. All and any rights of the Online Shop, including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website, and also to forms, logotypes are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions.
2. These Terms and Conditions will be governed by the law of the Republic of Poland. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
3. The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in UE
4. Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by a competent court of jurisdiction proper for the seat of the Seller.
5. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Seller within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.

MODEL WITHDRAWAL FORM FROM THE AGREEMENT

(ANNEX NUMBER 2 TO THE STATUTORY LAW ON CONSUMER RIGHTS)

A model withdrawal form

(this form should be filled in and returned only if you wish to withdraw from the contract)

– Addressee:

Caliathletics Sp. z o.o.  ,

Os. Tysiąclecia 18/68,

31-606 Kraków

– I / We (*) hereby inform / inform (*) of my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for a work involving the following items (*) / for the provision of the following service (*)

– Date of conclusion of the contract (*) / receipt (*)

– Name and surname of consumer (s)

– Consumer (s) address

– Signature of the consumer (s) (only if the form is sent in paper version)

– Date

(*) Delete as applicable.