Regulations

Introduction

Dear Customer, these Terms and Conditions govern the rules for concluding sales contracts via this website, the terms of fulfillment including delivery, legal rights and obligations, as well as procedures for withdrawal and complaint handling. The Terms and Conditions consist of four main parts:

In sections 1 to 3, there are general provisions of these Terms and Conditions;
In sections 4 to 7, the process of purchasing Goods/Services is described;
In sections 8 to 12, regulations related to defects of Goods/Services and the right of withdrawal are included;
In sections 13 to 14, all other provisions are included.

Section 1: Basic definitions

Online store – a store located at the address of this website.
Seller – Sport Increase Spółka z ograniczoną odpowiedzialnością S&P spółka jawna, with its registered office in Łódź, at ul. Rewolucji 1905 r., 82, 90-223 Łódź, Poland, registered in the National Court Register under the number KRS 0000890620, VAT EU: PL7252291621, operating in accordance with EU regulations on distance selling.
Seller's address – Whenever these Terms and Conditions refer to the Seller's address, it shall mean:
1. Registered office: ul. Rewolucji 1905 r., 82, 90-223 Łódź, Poland
2. Email address: [email protected]
Customer – a natural person with full legal capacity, and in cases provided for by applicable laws also a natural person with limited legal capacity, a legal person, or an organizational unit without legal personality to which the law grants legal capacity, who has entered into or intends to enter into a sales agreement.
Consumer – according to Directive 2011/83/EU: a natural person who is acting for purposes which are outside their trade, business, craft or profession.
Sales agreement – a sales agreement for a Product listed on the online store's website, concluded or to be concluded between the Customer and the Seller through the online store.
Goods – a Product, a movable item, which the Customer acquires through the online store.
Order – a declaration of will by the Customer, made through the online store, specifying: the type and quantity of Goods, the method of payment, the method of delivery, the place of delivery, and the Customer's data.
Order form – an electronic service, a form available in the online store, enabling the submission and processing of an Order, including adding Products to the electronic shopping cart, and specifying the terms of the Sales Agreement.
Order processing time – the time it takes to fulfill an order placed by the Customer, including preparation, packaging, and handover to the delivery provider.
Business day – any day from Monday to Friday, excluding public holidays in the country of the Seller.
Price reductions – any discounts, promotions, and reductions will be presented alongside the product price. The lowest price from the last 30 days will be shown, in compliance with Directive (EU) 2019/2161.
Prices – prices are presented in euros (EUR), include VAT, and are not subject to algorithmic personalization or user profiling.
Applicable law – the law of the Consumer’s country of residence applies in all cases under Article 6 of Regulation (EC) No 593/2008 (Rome I). In matters not governed by consumer protection laws, the law of the Seller’s country of establishment may apply.
SMMASH Club – a dedicated loyalty program for Customers who meet participation conditions, granting access to exclusive offers.

Section 2: General provisions

The Seller ensures compliance with the General Data Protection Regulation (EU) 2016/679 (GDPR). The Customer gives consent to the collection and processing of their personal data only for purposes directly related to order fulfillment. For details, see the store’s Privacy Policy.
The Seller ensures that the Goods are in conformity with the contract in terms of description, type, quantity, quality, completeness, and functionality.
In accordance with Directive (EU) 2019/2161, the Seller informs that product reviews displayed on the online store originate only from verified buyers. Any imported or automated reviews will be clearly labeled.
Placing an order through the online store requires prior acceptance of these Terms and Conditions by checking the appropriate box. Acceptance is required to proceed with the order.
The data controller implements appropriate technical and organizational measures to protect personal data. For full details, see the Privacy Policy.
The Customer may request access to, correction, deletion, or limitation of their personal data and may withdraw consent at any time without affecting the legality of processing done before withdrawal.
Customers may subscribe to receive marketing emails (newsletter) and may unsubscribe at any time via a link provided in the messages.
The Goods sold in the online store comply with EU safety and consumer standards and are legally marketed in the EU. All relevant information about the Goods is considered an invitation to treat under Article 2:301 of the Draft Common Frame of Reference (DCFR).

Section 3: Conditions of service provision

The online store provides electronic services, including the Order Form, which is required to conclude a Sales Agreement.
The electronic service agreement is concluded once the Customer begins filling in the Order Form and is terminated upon submission or abandonment of the process.
This service is provided free of charge and requires internet access.
Electronic orders may be submitted 24/7.
When placing an order, the Customer gives consent for personal data processing to the extent necessary to execute the contract.
Where the Customer is under 16 years old, parental consent is required under Article 8(1) GDPR.
Internet access and data transmission costs are borne by the Customer according to their individual internet service agreements.

Section 4: Terms of the Agreement

To conclude a valid Sales Agreement, the Customer selects, based on the store’s offer, the Products and completes the Order Form indicating delivery and payment preferences.
Orders can be placed:
1. via the website’s shopping cart;
2. by sending an email to the address provided on the store’s website.
The Seller confirms acceptance of the Order by email. The Sales Agreement is concluded upon confirmation. Incomplete or inconsistent data will prompt the Seller to request clarification from the Customer.
Joining the SMMASH Club is optional. Members agree to receive promotional communications electronically.
As part of the Newsletter service, the Seller sends commercial content via email to subscribers who opted in.
Subscription requires:
1. Providing an email address;
2. Consent to receive messages;
3. Acceptance of the Terms and Conditions;
4. Clicking the confirmation link in the subscription email.
Customers can unsubscribe at any time via the “Unsubscribe” link in the newsletter.
The order confirmation email includes a summary of the key contractual terms: Products, price (EUR, incl. VAT), delivery costs, and applied discounts.
If a Customer has multiple discounts, only one can be applied unless explicitly stated otherwise.

Section 5: Order fulfillment

Orders are fulfilled in the order they are received.
Standard fulfillment time is 1 to 5 business days. For custom or on-demand Products, delivery times are stated on the product page.
If exceptional circumstances arise, the Seller will notify the Customer to agree on an alternative.
The Seller may cancel a transaction due to obvious error.

Section 6: Delivery

Goods are delivered via postal or courier service, or another agreed method, without undue burden to the Customer or Seller.
Delivery is made to the address specified in the Order Form, or to a designated pickup point.
Products are packed appropriately to prevent damage in transit.
Delivery costs depend on destination, order weight, and chosen method. They are shown during checkout.
Goods are dispatched within 48 business hours. Delivery time varies depending on carrier and country.

Section 7: Payment methods

The Seller accepts advance bank transfer payments.
Payments can be made by credit card (Visa, MasterCard) or online services (PayPal, PayU, Przelewy24).

Section 8: Warranty

The Seller covers delivery costs under warranty claims.
As per Directive (EU) 2019/771, the legal guarantee of conformity is 2 years from delivery for all goods.
A non-conformity discovered within 2 years entitles the Customer to a remedy: repair, replacement, or refund.
The Customer should notify the Seller via email or post. Use of a standard complaint form is optional.
Upon request, goods should be returned to the Seller’s address for inspection, if the Product allows it.
The Seller responds to complaints within 14 calendar days. Lack of response is deemed acceptance.
In the first instance, the Customer may request repair or replacement. If ineffective, they may withdraw from the contract or seek a price reduction.
The Seller bears all costs related to complaint resolution, including return and re-shipping.

Section 9: Right of withdrawal

According to Directive 2011/83/EU, Consumers have 14 calendar days to withdraw from a distance contract without giving a reason.
The period starts from the day the Customer or a third party receives the Product.
Withdrawal is exercised by sending a clear statement by email or post. A template is provided but not mandatory.
The Seller refunds all payments, including standard delivery, within 14 days using the original payment method unless otherwise agreed.
Refund may be delayed until the goods are returned or proof of return is provided.
The Customer must return the goods within 14 days of withdrawal, bearing the return shipping costs.
Customers are liable for diminished value caused by improper handling.
Withdrawal is excluded for:
1. Customized or personalized items;
2. Perishable goods or sealed items unsealed after delivery where hygiene is affected;
3. Goods that become inseparably mixed with other items after delivery.

Section 10: Complaint procedure

To submit a complaint, the Customer must provide their name, address, email, and describe the issue, ideally with an order number.
Consumers may request repair, replacement, price reduction, or withdrawal if the defect persists.
The Seller must respond within 14 calendar days. Silence is deemed acceptance, except where withdrawal is requested.

Section 11: Liability

By submitting any content, the Customer declares it does not violate the rights of third parties.
The Customer may not:
1. Share third-party personal data or images without consent;
2. Post advertising content unrelated to the store’s purpose;
3. Post content that is offensive, misleading, or unlawful.
The Seller may remove content in breach of these rules or the law, especially after third-party notice.

Section 12: Alternative dispute resolution

Information on ADR procedures is available from national consumer organizations and online.
Consumers may use the EU ODR platform: https://ec.europa.eu/consumers/odr/.
ADR is voluntary and requires both parties’ consent.

Section 13: Provisions for business customers

This section applies only to Customers acting in a professional capacity.
The Seller may withdraw from a sales contract within 14 days without cause or liability.
Prepayment may be required regardless of payment method.
Risk passes to the Customer upon handover to the carrier.
The Seller’s liability is limited to the price paid. Indirect damages and lost profits are excluded.

Section 14: Final provisions

The Online Store respects EU consumer rights. If national law offers better protection, it prevails.
In case of conflict, the Terms are interpreted to align with EU consumer legislation.
All site content is protected by copyright. Unauthorized use may lead to legal action.
Personal data processing complies with GDPR. Data subjects may exercise their rights via the Seller’s contact details.
Amendments to the Terms are published at least 30 days in advance. Existing orders remain subject to the previous version.
Contracts are concluded in English.
The Terms come into effect on 16 June 2023.