Terms & Conditions

§ 1– General provisions

1. The www.hms-fitness.pl website operates under the terms and conditions stipulated herein.

2. The T&C establish type and scope of services provided electronically by www.hms-fitness.pl, the rules of the provision of such services, conditions of conclusion and termination of agreements for provision of electronic services, as well as the complaint procedure.

3. Each customer, from the moment of taking steps intended to use the electronic services offered by www.hms-fitness.pl, is obliged to comply with the provisions of these document.

4. To matters not regulated herein the provisions of the Law on Providing Services by the Electronic Means dated 18 July 2002 shall apply as well as other relevant provisions of the Polish Law.

§ 2 Definitions contained in the T&C

1. Terms and conditions – these terms and conditions (hereinafter T&C).

2. Website - the service provider's website operating at www.hms-fitness.pl

3. Service Provider - Abisal spółka z ograniczoną odpowiedzialnością entered in the Register of Entrepreneurs by the District Court Katowice-Wschód in Katowice, VIII Economic Department of the National Court Register, under the KRS no.: 0000156535, place of business and address for servings: ul. Świętej Elżbiety 6, 41-905 Bytom, NIP: 6260000945), REGON (statistical no.) 278046896, electronic mail address (e-mail): abisal@abisal.pl, tel. +48 32 307 07 91.

4. Customer / Service recipient - a natural person, a legal person or an organizational unit without a legal personality, which the law awards legal capacities to use the electronic service.

5. Electronic service - service rendered by the electronic means, by the Service Provider to the Customer, via the Internet Store.

6. Consumer - a natural person who makes a legal transaction with an entrepreneur that is not directly related to his / her economic or professional activity.

7. Browser - an electronic service made available to service recipients by a service provider, allowing them to browse for specific content based on phrases provided by the service recipient.

8. Contact form - a form available at the website www.hms-fitness.pl that enables a user to send a message to the service provider.

9. Newsletter - an electronic service that enables a customer to subscribe to and receive, at the e-mail address provided by the recipient, information from the service provider regarding the service

10. Complaint form - a form available at the website www.hms-fitness.pl that enables the service recipient to submit a complaint.

11. Feedback system - an electronic service made available to service recipients by a service provider, enabling them to post product reviews.

§ 3 Type and range of the electronic services

1. The service provider enables, via the website, to use electronic services such as:

• Contact form

• Newsletter,

• Complaint form,

• Feedback system.

2. Provision of the electronic services to service recipients at the website takes place under the terms and conditions set forth in this document.

3. The service provider is entitled to post advertising content at the website. This content is an integral part of the website and the materials displayed therein.

§ 4 Terms and conditions of providing and concluding agreements for provision of the electronic services

1. Provision of the electronic services referred to in § 3 item 1 of the T&C by the service provider is free of charge.

2. The period which the agreement is concluded for:

• The agreement for provision of the electronic service, i.e. sending of a message to the service provider via the contact form, is concluded for a fixed period of time and is terminated when the message has been sent or the service recipient stops sending it,

• The agreement for provision of the electronic services involving the newsletter is concluded for an indefinite period of time,

• The agreement for provision of the electronic services meaning filing of a complaint via the complaint form is concluded for a fixed period of time and is terminated when the complaint message has been sent or the service recipient stops sending it,

• The agreement for provision of the electronic service involving use of the feedback system is concluded for a fixed period of time and is terminated when the opinion has been posted or when the service recipient ceases to use the service.

3. Technical requirements necessary to cooperate with the IT system which is used by the Service Provider:

• Computer (or mobile device) with access to the Internet,

• Access to the electronic mail,

• Web browser,

• Enabled cookies and javascript in your web browser.

4. A customer is obliged to use the website in a way accordant with the law and customs, and to respect personal goods, copyrights and intellectual property rights of the Service Provider and third parties.

5. The Service Recipient must not deliver any illegal content.

§ 5 Complaints related to provision of the electronic services

1. Complaints related to provision of the electronic services via the website may be submitted by the customer via e-mail to: abisal@abisal.pl

2. In the above e-mail message, provide as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and contact information. The information provided will greatly smooth the path of processing of a complaint by the service provider.

3. Response to the complaint by the service provider takes place immediately, not later than within 14 calendar days from filing it.

4. The service provider's response to the complaint shall be sent to the e-mail address of the service recipient provided in the complaint or by any other means provided by the service provider.

§ 6 Intellectual property

1. The entire content posted on the website at www.hms-fitness.pl is protected by copyright and (subject to § 6.3 and the elements posted by the recipients, used by the service provider under license, transfer of copyright or permitted use) constitutes property of Abisal limited liability company entered in the register of entrepreneurs by the District Court Katowice-Wschód in Katowice, VIII Economic Department of the National Court Register, under the KRS no.: 0000156535, place of business and address for servings: ul. Świętej Elżbiety 6, 41-905 Bytom, NIP: 6260000945), REGON (statistical no.) 278046896. The service recipient shall be fully responsible for damage caused to the service provider, resulting from use of any content of www.hms-fitness.pl website without the consent of the service provider.

2. Any use and by anyone, without the express consent of the service provider in writing, of any of the elements comprising the content of www.hms-fitness.pl constitutes an infringement of the service provider's copyright and will result in civil and criminal liability.

3. All trade names, company names and their logos used at the website of the service at www.hms-fitness.pl belong to their owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and images showed at the www.hms-fitness.pl are used for informational purposes.

§ 7 Liability

1. The service provider shall make all available efforts to protect the data of the service recipients.

2. Recipients are fully responsible for any violation of the law or damage caused by their actions at the site, in particular, provision of false data, disclosure of classified information or other legally protected secrets, violation of personal rights or copyright and related rights.

3. The service provider shall be liable for processing of the personal data of service recipients contrary to the purposes of the website.

4. The service provider undertakes, to the possible extent, to inform service recipients in advance of possible disruptions in the operation of the website, in particular of access interruptions.

5. The service provider shall not liable to recipients who are not consumers:

• For any damages and losses, direct or indirect (including damages for loss of business profits, business interruption or loss of business information, and other damages of a property nature) arising from use, inability to use, or malfunction of the service software,
• For damages resulting from the shutdown or failure of the information and communication system, failure of the power grid, in connection with the improper use of the service by a non-consumer customer, and malfunctioning of computer equipment, computer software or the communications system due to which the customer connects to the service system,
• For any damages caused by errors, failures and interruptions in operation of the website or caused by incorrect recording or reading of data downloaded by service recipients,
• For regarding proper functioning of the website as well as loss of data by service recipients who are not consumers, resulting from the force majeure or third parties,
• For actions of third parties involving use of data and materials posted on the site violating generally applicable laws or regulations,
• For inability to enter the website caused, in particular by: the quality of the connection, failure of the ICT system or a power grid, software misconfiguration of recipients who are not consumers.

§ 8 Miscellaneous

1. Agreements concluded via the website are concluded in accordance with the Polish law.

2. In the event of non-conformity of any part of the T&C with the applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the T&C.

3. Amendments made to the terms and conditions of the website by the service provider are binding for the service recipient, provided that the service recipient had been properly informed of the amendments and not terminated the agreement for provision of the electronic services within 14 days from the date the service provider notified the service recipient of the amendments.

4. Any disputes between the website and consumers shall be resolved in the first instance by negotiation, with the intent to settle the dispute amicably, on the basis of the Law on Out-of-Court Resolution of Consumer Disputes. However, if this would not be possible or would be unsatisfactory to either party, disputes shall be resolved by the competent common court.

5. Judicial settlement of disputes:

• Any disputes arising between the service provider and the customer, who is also a consumer, shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.
• Possible disputes arising between the service provider and the service recipient, who is not a consumer, shall be decided by a relevant court competent for the registered office of the service provider.
• A customer, who is a consumer, also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure, a request for mediation or a request for consideration of the case by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). A list of regular amicable consumer courts operating at provincial inspectorates of trade inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer can also use the free assistance of a district (city) consumer spokesmen or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.

6. In order to resolve a dispute amicably a consumer may, in particular, file a complaint through the online dispute resolution (odr) platform, available at: http://ec.europa.eu/consumers/odr/.