Terms and conditions and privacy policy

dlazdrowiazwierzat.pl

§ 1 Preliminary Provisions

The website dlazdrowiazwierzat.pl, available at the internet address dlazdrowiazwierzat.pl, is operated by FIVE FIT GYM & FITNESS Sp. z o.o., located in Dębica at ul. Głowackiego 19, registered in the Business Register of the National Court Register maintained by the District Court in Rzeszów, under KRS number 0000730189, with NIP (Tax ID) 8722420247.
These Terms of Service are addressed to both Consumers and Entrepreneurs using the Shop, defining the rules for using the Online Store, as well as the principles and procedures for concluding Distance Sales Contracts with the Customer via the Shop.
These Terms of Service set forth the general principles that form the legal basis for using the Service on the Website. Every Customer is obliged to comply with the provisions of these Terms.

§ 2 Definitions

Whenever mentioned in the Terms:

Terms – refers to these Terms of Service.
[FIVE FIT], Seller, or Vendor – refers to FIVE FIT GYM & FITNESS Sp. z o.o., located in Dębica at ul. Głowackiego 19, registered in the Business Register of the National Court Register maintained by the District Court in Rzeszów, under KRS number 0000730189, with NIP (Tax ID) 8722420247.
Customers – refers to individuals using the Seller’s services.
Consumers – refers to individuals who enter into an agreement with the Seller (organizer) for purposes not directly related to their business or professional activities.
Entrepreneurs with Consumer Rights – refers to individuals registered in the Central Registration and Information on Business (CEIDG), who also enter into a business transaction unrelated to their professional activities.
Entrepreneurs – refers to a natural person, legal entity, or organizational unit without legal personality, granted legal capacity by separate law, engaging in business activities on their own behalf and using the Shop.
Shop – the online store/service operated by the Seller at dlazdrowiazwierzat.pl.
Distance Contract – an agreement concluded with a Customer within the framework of an organized system for concluding distance contracts (through the Shop), without the simultaneous physical presence of the parties, exclusively using one or more means of remote communication until the moment the agreement is concluded.
Order – the Customer’s declaration of intent, submitted via the Order Form, directly aimed at concluding a Sales Contract for a product or service with the Seller.
Account – the customer’s account in the Shop, where the data provided by the Customer and information on Orders placed in the Shop are stored.
Registration Form – the form available in the Shop, allowing for the creation of an Account.
Order Form – an interactive form available in the Shop, enabling the submission of an Order, particularly by adding Products to the Basket and specifying the terms of the Sales Contract, including the method of delivery and payment.
Basket – a component of the Shop’s software, where selected Products for purchase are displayed, and where it is possible to set and modify Order details, particularly the quantity of products.
Product – a service available in the Shop that is the subject of the Sales Contract between the Customer and the Seller.
Sales Contract – a contract for the sale of a Product, concluded or to be concluded between the Customer and the Seller via the Online Store. The Sales Contract also includes, as applicable, service contracts and work contracts.
Password – a sequence of characters defined by the user or generated by the Service during the password recovery process.
Username (Login) – a unique identifier of the User defined by the User during the registration process.
Login – the process of confirming the identity of a registered User by entering a username and password.

§ 3 Contact with the Shop

Seller’s Address: FIVE FIT GYM & FITNESS Sp. z o.o., 39-200 Dębica, ul. Głowackiego 19
Seller’s Email Address: dla.zdrowia19@gmail.com
Seller’s Phone Number: 787998817
Seller’s Bank Account Number: 56 2490 0005 0000 4530 6549 8809
Customers may communicate with the Seller via the addresses and phone numbers provided in this section.
Customers may contact the Seller by phone from 6:00 AM to 10:00 PM, Monday through Friday.

§ 4 Technical Requirements

To use the Shop, including browsing the assortment and placing Orders, the following are required:

An internet-enabled device and a web browser such as Google Chrome.
An active email account.
Enabled support for cookies.

§ 5 General Information

The Seller shall not be liable, to the fullest extent permitted by law, for disruptions, including interruptions in the functioning of the Shop caused by force majeure, unauthorized actions by third parties, or the incompatibility of the Online Store with the Customer’s technical infrastructure.
Browsing the Shop’s assortment does not require setting up an Account. Orders may be placed by the Customer for Products available in the Shop’s assortment either by setting up an Account as per § 6 of the Terms or by providing necessary personal and address data to enable Order fulfillment without setting up an Account.
Products available in the Shop are payable. Prices provided in the Shop are in Polish zlotys and are gross prices (including VAT).
The final price payable by the Customer includes the Product price and delivery cost (including shipping, delivery, and postal fees), of which the Customer is informed on the Shop’s website during the Order process, including when expressing the intent to be bound by the Sales Contract.
For subscription or indefinite-term service agreements, the final price includes all payments for the billing period.
If the nature of the subject of the Agreement does not allow, reasonably assessing, for prior calculation of the final price, information on how the price will be calculated and on the transport, delivery, postal fees, and other costs, will be provided in the Shop in the Product description.

§ 6 Account Registration in the Shop

To set up an Account in the Shop, the Registration Form must be completed. The following data is required: First Name, Last Name, Billing and Delivery Address, Phone Number, and Email Address.
Setting up an Account in the Shop is free of charge.
Logging into the Account is done by entering the login and password established in the Registration Form.
Individuals without legal capacity or with limited legal capacity may set up an Account in the Shop if they obtain consent from a legal representative or guardian.
The Customer may delete the Account at any time, without giving a reason and free of charge, by sending a request to the Seller, particularly via email or in writing to the addresses provided in § 3.

§ 7 Placing an Order

Orders can be placed 24 hours a day. To place an Order:

Log into the Shop (optional);
Select the Product intended for the Order, then click “Add to Basket” (or equivalent);
Log in or use the option to place an Order without registration;
If the option to place an Order without registration was selected – complete the Order Form by entering the recipient’s details and the delivery address, select the type of shipment (method of Product delivery), enter billing information if different from the recipient’s details,
Click “Order and Pay” and confirm the Order by clicking the link sent in the email,
Select one of the available payment methods and, depending on the chosen payment method, pay for the order within the specified time limit, subject to § 8 pt. 3.§ 8 Delivery and Payment Methods Offered
1. The Customer may use the following methods of delivery or collection of the ordered Product:
  - a. Postal delivery, cash-on-delivery postal service,
  - b. Courier delivery, cash-on-delivery courier service,
  - c. Personal collection available at: FIVE FIT GYM & FITNESS Sp. z o.o., 39-200 Dębica, ul. Głowackiego 19.
2. The Customer may use the following payment methods:
  - a. Payment upon collection,
  - b. Cash-on-delivery,
  - c. Electronic payment,
  - d. Payment by credit/debit card.
3. Detailed information regarding delivery methods and acceptable payment methods can be found on the Store’s website.
§ 9 Execution of the Sales Agreement
1. The Sales Agreement between the Customer and the Seller is concluded once the Customer places an Order using the Order Form on the Online Store, in accordance with §7 of the Terms and Conditions.
2. After placing the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for fulfillment. Confirmation of receipt of the Order and its acceptance for fulfillment occurs by the Seller sending the Customer an email to the email address provided by the Customer during Order placement, containing at minimum the Seller’s declarations of Order receipt, its acceptance for fulfillment, and confirmation of the conclusion of the Sales Agreement. Upon the Customer’s receipt of this email, the Sales Agreement between the Customer and the Seller is concluded.
3. If the Customer selects:
  - a. electronic payments or credit/debit card payments, the Customer must make payment within 2 calendar days from the conclusion of the Sales Agreement; otherwise, the order will be canceled.
  - b. cash-on-delivery upon collection, the Customer must make payment upon receipt of the shipment.
  - c. cash payment upon personal collection of the shipment, the Customer must make payment upon receipt of the shipment within 2 days from receiving the notification of shipment readiness for collection.
4. If the Customer selects a delivery method other than personal collection, the Product will be sent by the Seller within the period specified in the Product description (subject to clause 5 of this section) in the manner chosen by the Customer during Order placement.
5. In the case of ordering Products with different delivery times, the delivery time is the longest specified time.
6. When ordering Products with different delivery times, the Customer may request to have the Products delivered in parts or to have all Products delivered once the entire order is completed.
7. The commencement of the Product delivery period to the Customer is calculated as follows:
  - a. If the Customer selects bank transfer or cash-on-delivery as the payment method, from the date of the Sales Agreement.
  - b. If the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within the period specified in the Product description. The Seller will additionally inform the Customer of the Product’s readiness for collection by sending an appropriate email notification to the Customer’s email address provided during the Order placement.
8. In the case of ordering Products with different readiness times for collection, the readiness time for collection is the longest specified time.
9. The beginning of the Product readiness period for collection by the Customer is calculated as follows:
  - a. If the Customer selects bank transfer, electronic payments, or credit/debit card payment – from the date the Seller’s bank account is credited.
  - b. If the Customer chooses cash payment upon personal collection – from the date of the Sales Agreement.
10. Product delivery is available only within Poland.
11. Product delivery to the Customer is chargeable unless the Sales Agreement states otherwise. Delivery costs (including transport, delivery, and postal fees) are indicated to the Customer during the Order placement process, including when the Customer expresses the will to enter into a Sales Agreement.
12. Personal collection of the Product by the Customer is free of charge.
§ 10 Right to Withdraw from the Agreement
1. The Consumer and Entrepreneur with Consumer Characteristics may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period specified in clause 1 starts from the date of the conclusion of the Sales Agreement with the Consumer or Entrepreneur with Consumer Characteristics.
3. In the case of an Agreement that requires regular payments (e.g., monthly, quarterly), the period specified in clause 1 starts from the first payment.
4. The Consumer or Entrepreneur with Consumer Characteristics may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. The withdrawal period is considered met if the Consumer sends the statement before the expiration of this period.
5. The statement may be sent by traditional mail or electronically to the Seller’s email address, or by submitting the statement on the Seller’s website. The statement may also be submitted using a template form attached as Annex No. 1 to these Terms and Conditions, as well as to the Consumer Rights Act of May 30, 2014, although this is not mandatory.
6. In the case of electronic submission of the withdrawal statement by the Consumer or Entrepreneur with Consumer Characteristics, the Seller will promptly confirm receipt of the withdrawal statement by email to the email address provided by the Consumer.
7. Effects of withdrawing from the Agreement:
  - a. In the case of withdrawal from a distance Agreement, the Agreement is considered void.
  - b. In the event of withdrawal from the Agreement, the Seller will refund to the Consumer or Entrepreneur with Consumer Characteristics all payments made, no later than within 14 days from the day the Seller received the withdrawal statement. If the Consumer or Entrepreneur with Consumer Characteristics agrees to start the service provision before the 14-day withdrawal period ends, they will be refunded an amount reduced proportionally for the used portion of the service.
  - c. The refund will be made using the same payment methods as those used in the original transaction unless the buyer expressly agrees to another solution that does not incur any costs for them.
8. The right to withdraw from a distance Agreement does not apply to the Consumer or Entrepreneur with Consumer Characteristics in relation to the Agreement:
  - a. where the subject is a non-prefabricated item produced according to the Consumer’s or Entrepreneur’s specifications or tailored to their individual needs,
  - b. for the provision of services where the Seller has fully performed the service with the express consent of the Consumer or Entrepreneur with Consumer Characteristics, who was informed before the service began that upon completion of the service by the Seller, they would lose the right to withdraw from the Agreement,
  - c. for the delivery of digital content not stored on a tangible medium if the performance began with the express consent of the Consumer or Entrepreneur with Consumer Characteristics before the withdrawal period expired and after the Seller informed them of the loss of the right to withdraw from the Agreement.