TERMS & CONDITIONS

GENERAL PROVISIONS

1. These Terms and Conditions (“Agreement”) specify the general conditions and ways of provision of services electronically and selling via the Online Service https://caliathletics.com/

2. To note, these Terms and Conditions apply to all of our products and services. If we include some additional terms for tools you can download from the Service, those provisions are incorporated into these Terms and Conditions.

3. These Terms and Conditions are always available at the website https://caliathletics.com , which allows to download, display and record their contents by printing or saving them to a data carrier at any time.

4. The Agreement governs your use of our service, which allows consumers like you to purchase high-quality products or programs.

5. You are responsible for obtaining Internet access and a compatible, Internet-connected device to purchase products and programs. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.

6. In using our Service, you will not:

1) scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Caliathletics Service or any source code therein;

2) attempt to circumvent any technical measures (including digital rights management) that we may employ;

3) take any measures to interfere with or damage Caliathletics Service;

4) use the Caliathletics Service to transmit tortious, unlawful, infringing, and otherwise objectionable content;

5) spam or harass Caliathletics or any other user;

6) use any fraudulent, deceptive, or misleading practices;

7) engage in any commercial activities except as permitted by us; or

8) engage in any illegal activities.

ACCOUNT REGISTRATION

1. Certain features of the website https://caliathletics.com/ require registration. If you choose to register, you agree to provide and maintain accurate, current and complete information about yourself. Registration data and personal information about you are governed by our Privacy Policy.

2. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify Caliathletics of any unauthorized use of your password or account or any other breach of security.

3. You may not create an account if you are younger than 13 years of age. By creating an account, you represent that you are at least 13 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the website.

4. You may terminate this agreement at any time by deleting your account(s). We reserve the right to terminate your account or restrict access to your account for any reason, including your breach of this Agreement.

ORDERS

1. Orders can be placed by Internet users, who have correctly filled in registration form which could be found in the Online Service website. Orders can be placed also without registration form.

2. 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 Service to complete the Order.

3. To place an Order, an active electronic mail account is required. If the Order is placed via the Order form available on the Online Service website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude the sales agreement (products) or service agreement (programs) 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 or (Service Agreement ) shall be concluded.

4. The sales agreement (products) or service agreement (programs) shall be concluded in English.

5. Order can be placed 24 hours a day, 7 days a week.

6. Online Service will begin order completion after the Order is successfully placed and payment due for the Order and shipment is made.

7. We reserve the right to cancel any order for any products or progrmas for any reason.

8. All purchases, including recurring charges are final and non- refundable.

PAYMENTS

1. The prices for the products and programs are provided in USD.

2. If you purchase any products or programs through our Service, you will be required to provide us information regarding your credit card or other payment instrument. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument.

3. To make a purchase, you must provide a valid payment method. Subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If a Purchaser offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period. To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.

4. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. If a Producer provides you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.

5. You can cancel your subscription anytime you want. If you want to do so you need to login to your bank or PayPal (depending on which payment method you chose), find cyclical payments and cancel it there or send a email at customerservice@caliathletics.com.

DELIVERY OF THE GOODS

1. We are shipping worldwide.

2. The deadline for delivery and processing of the Order shall be calculated per Business Days.

3. If the ordered Goods have different delivery deadlines, the longest deadline shall apply to the whole Order.

4. Every package is sent as a priority mail and should be delivered within 4-7 days. In rare cases it may take up to 14 days.

5. Title and risk of loss for all products ordered by you will pass to you on our delivery to the shipping carrier

THE RIGHT OF WITHDRAWAL (COOLING -OFF PERIOD)

1. The Customer who is a Consumer may withdraw from the Agreement without specifying the reason by submitting an appropriate declaration within 14 days. To keep this deadline it is enough to send this declaration before its lapse.

2. The Customer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement.

3. 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.

4. 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.

5. During this period (14 days), the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.

6. The right to withdraw from Agreement by the Consumer shall be excluded in the following cases:

1) 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;

2) 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.(our programs).

7. The purchased Goods should be returned to the address of the Seller, attaching the proof of purchase. 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.

8. 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.

9. 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.

COMPLAINTS

1. The Seller undertakes to deliver Goods free from defects. You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods. Other than where goods are faulty, you have no right to cancel any order or return any good apar from the right of withdrawal.

2. 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 electronic mail address: customerservice@caliathletics.com.

3. In order for the complaint to be processed, the Customer should send or deliver the Goods in question, attaching the proof of purchase,. The Goods should be delivered or sent to the address of the Seller.

4. 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.

PRIVACY

The Seller collects and processes the personal information of the Customers in accordance with applicable provisions of law and with the Privacy Policy.

LICENSES AND INTELLECTUAL PROPERTY

1. All and any rights of the Online Service, including economic copyrights, intellectual property rights to its name, internet domain, the Online Service 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. License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes.

3. You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by the applicable Producer.

4. Subject to the terms hereof Caliathletics grants you permission to use the Service, for the purpose of purchasing and viewing Programs for your personal entertainment. All rights not expressly granted by Caliathletics are reserved.

5. Your Content: To the extent that you submit any content to Caliathletics, you grant Caliathletics an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. If you provide any feedback about improving Caliathletics, we will have the right to use your feedback without compensation to you. You represent and warrant that any content you submit to Caliathletics does not, and will not, violate any law or any third party’s rights, including any intellectual property rights.

DISCLAIMERS

1. Your use of our service is at your own risks.

2. Except as required by applicable law, no warranties of any kind, either express or implied.

3. Caliathletics disclaim all warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

4. The Nutrition Guide constitutes general advice, and is not a substitute for specific, personal advice from a medical or nutritional professional. No part of the Guide should be used without first consulting with your doctor.

5. If a recipe that is provided in the Guide contains ingredients that you are allergic to, please do not use those ingredients.

6. All results and testimonials shown in the Guide are real, but results are not guaranteed, and individual results may vary.

7. Caliathletics assumes no liability if you do not achieve the results you expected.

LIMITATION OF LIABILITY

1. To the maximum extent permitted by law, Caliathletics shall not be liable for

a) any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses;

b) damages exceeding the amounts paid by you to Caliathletics over the 12 months preceding the filing of your claim. The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Caliathletics has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose.

2. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.

INDEMNIFICATION

1. You shall indemnify, defend, and hold harmless from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorized use of any Program; (ii) your breach of this Agreement or violation of any law or third party right; or (iii) any content that you upload or submit to us.

FORCE MAJEURE

1. 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.

2. The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.

FINAL PROVISIONS

1. These Terms & Conditions will be governed by the law of the Republic of Poland, without regard to its conflict of law provisions. With respect to any disputes, you and Caliathletics agree to submit to the personal and exclusive jurisdiction of the courts located in Cracow, Poland.

2. 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 or in USA.

4. The matters not provided for in these Terms & Conditions shall be governed by Polish law and UE law.

5. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Service 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.

6. Headings are provided for convenience and shall not be used to construe the terms hereof.

 

Contact Us: If you have any support questions, please contact us at customerservice@caliathletics.com.

For all other questions regarding this Agreement, please contact us at:

Konrad Olech Caliathletics.com
Telimeny 29/16
30-838 Kraków (Cracow), Poland, UE