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Terms & Conditions

Terms of conditions of www.hms-fitness.com

§ 1 GENERAL PROVISIONS

  1. This Internet Service is operated by ABISAL spółka z ograniczoną odpowiedzialnością, registered in the Register of Entrepreneurs kept by the District Court Katowice-Wschód in Katowice, VIII Economic Department of the National Court Register under KRS no.: 0000156535, share capital: PLN 2,800,000.00, place of business and address for service: ul. Pyskowicka 17, 41-807 Zabrze, NIP: 6260000945, REGON: 278046896, electronic mail address (e-mail): abisal@abisal.pl, telephone number: +48 32 307 07 91.
  2. These Terms and Conditions set out the rules for the use of the Site, in particular: types and scope of services provided electronically by the Service Provider via the Site, rules for the provision of these services and conditions for conclusion and termination of agreements for the provision of services by electronic means, as well as the complaint procedure;
  3. Each Client is obliged to comply with the provisions of these Terms and Conditions as soon as he or she starts to use the Services of the www.www.hms-fitness.com website.
  4. These Regulations constitute the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means.

 

§ 2 DEFINITIONS CONTAINED IN THE REGULATIONS

The terms used in the Regulations shall have the following meaning:

  1. RULES - these Rules and Regulations defining the rules of use of the Service.
  2. SERVICE - Provider's website available at www.www.hms-fitness.com.
  3. SERVICE PROVIDER/ABISAL - ABISAL sp. z o.o. responsible, entered in the Register of Entrepreneurs kept by the District Court Katowice-Wschód in Katowice, VIII Economic Department of the National Court Register under KRS no.: 0000156535, share capital: PLN 2,800,000.00, registered office address: 17 Pyskowicka Street, 41-807 Zabrze, NIP: 6260000945, REGON: 278046896.
  4. USER - a natural person, a legal person or an organisational unit without legal personality, which is granted legal capacity by law, using the services on the Website.
  5. SERVICES - all services provided by the Service Provider to the Client through the Site.
  6. ELECTRONIC SERVICES - the services specified in § 5.1.1) to § 5.1.6) of these Terms and Conditions, provided electronically by the Service Provider to the Client via the Site.
  7. CONSUMER - a natural person who performs a legal transaction with the Service Provider which is not directly related to his/her economic or professional activity, and a natural person who concludes a contract directly related to his/her economic activity, if the content of the contract indicates that it is not of a professional nature for that person.
  8. SEARCH ENG INE - Electronic Service made available to the Service Recipients by the Service Provider, enabling the search for specific content based on the phrases provided by the Service Recipient.
  9. CONTACT FORM - a form available on the website www.www.hms-fitness.com allowing to send a message to the Service Provider.
  10. NEWSLETTER - Electronic Service allowing the Service Recipient to subscribe to and receive, at the e-mail address provided by the Service Recipient, free information from the Service Provider concerning the Site.
  11. COMPLAINTFORM - a form available on the website www.www.hms-fitness.com allowing the Service Recipient to submit a complaint regarding Electronic Services.
  12. OPINION SYSTEM - an Electronic Service made available to the Service Recipients by the Service Provider, allowing the posting of opinions on products.

 

§ 3 RULES OF USE

  1. The Client is obliged to use the Site in a manner consistent with these Terms and Conditions, applicable law, general principles of Internet use and the purpose of establishing the Site, and in particular in a manner that does not infringe the rights of third parties and the rights and interests of the Service Provider.
  2. In particular, the Client is obliged to:
    1. use the Site in a manner that does not interfere with its operation, in particular through the use of specific software and equipment;
    2. not to undertake activities such as:
  • sending and/or posting unsolicited commercial information (so-called spam) on the Site;
  • registering on the Website several times at the same time;
  • using the accounts of other Service Recipients or making your account available to other persons;
  • take any IT or other action aimed at gaining access to the passwords of other Service Recipients;
    1. use the Site in a manner that is not disruptive to other Service Recipients and to the Service Provider, while respecting their personal rights and any rights vested in them;
    2. to use any material posted on the Site only within the scope of permitted use. The use of materials in a different scope is permitted only on the basis of an express consent granted by an authorised person.
  1. Pursuant to Article 8.3.2.b of the Act of 18.7.2002 on provision of services by electronic means, Customers using the Site are required not to post illegal content on the Site.
  2. In the event that the Client is found to be engaging in any of the unlawful activities described in section 3 above, the Service Provider may immediately block the Client's account and has the right to take any action to remedy the Client's damage thereby incurred.
  3. The Client is obliged to immediately notify the Service Provider of any known case of unauthorised use of his/her account or the account of another Client, as well as of any violation of the rules of use of the Site specified in the Terms and Conditions.

 

 

§ 4 SERVICE PROVIDER'S OBLIGATIONS

  1. The Service Provider shall exercise ongoing supervision over the technical functioning of the Site to ensure that it operates correctly. However, the Service Provider does not guarantee the constant availability of the Website pages or their error-free functioning.
  2. The Service Provider reserves the right to modify certain Services provided as part of the Website, as well as to temporarily stop the operation of the Website, e.g. due to maintenance activities connected with modification of the Services offered as part of the Website.
  3. The fact that the Site may be linked via Internet references (links) to websites belonging to third parties does not imply that the Service Provider is responsible for the operation of those sites or their content.

 

§ 5 TYPE AND SCOPE OF SERVICES

  1. The Service Provider enables through the Website the use of Electronic Services such as:
    1. Contact Form,
    2. Newsletter,
    3. Complaint Form,
    4. Feedback System,
    5. Provision of basic information on the Service Provider's company;
    6. Provision of a catalogue of products offered by the Service Provider;
  2. The provision of Services to Service Recipients on the Website takes place under the conditions set out in the Terms and Conditions.
  3. The Service Provider has the right to place advertising content on the Website. This content, is an integral part of the Website and the materials presented therein.

 

§ 6 TERMS AND CONDITIONS FOR PROVISION AND CONCLUSION OF ELECTRONIC SERVICES AGREEMENTS

  1. Provision of Electronic Services specified in § 5.1.1) to 5.1.6) of the Terms and Conditions by the Service Provider is free of charge.
  2. The period for which the agreement is concluded:
    1. the contract for the provision of Electronic Services consisting of the possibility of sending a message to the Service Provider via the Contact Form is concluded for a definite period of time and is terminated at the moment of sending the message or ceasing to send it by the Service Recipient,
    2. agreement for provision of Electronic Service consisting in using Newsletter is concluded for an indefinite period of time,
    3. agreement for provision of Electronic Service consisting in enabling submission of a complaint via Complaint Form is concluded for an indefinite period of time and terminates at the moment of sending the complaint message or ceasing to send it by the Customer,
    4. the agreement for the provision of an Electronic Service consisting of the use of the Rating System is concluded for a definite period of time and terminates upon the posting of an opinion or cessation of the use of this Service by the Customer,
    5. a contract for the provision of Electronic Services consisting of the provision of basic information on the Service Provider's business as well as the catalogue of products offered by the Service Provider is concluded for a definite period of time and is terminated when the Service Recipient stops using this Service.
  3. Technical requirements necessary to work with the ICT system used by the Service Provider:
    1. computer (or mobile device) with access to the Internet,
    2. access to e-mail,
    3. web browser,
    4. enable Cookies and Javascript in the web browser.
  4. The Customer is obliged to use the Site in a manner consistent with the law and good practice, with due regard for the personal rights and intellectual property rights of third parties.
  5. The Client is prohibited from providing unlawful content.

 

§ 7 COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES

  1. Complaints related to the provision of Electronic Services via the Site may be filed by the Client via e-mail to the following address: abisal@abisal.pl.
  2. In the aforementioned e-mail message, as much information and circumstances concerning the subject of the complaint as possible should be provided, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and expedite consideration of the complaint by the Service Provider.
  3. The Service Provider shall consider the complaint immediately, no later than within 14 days from the date of notification.
  4. The Service Provider's response to the complaint shall be sent to the Client's e-mail address specified in the complaint notification or in any other manner specified by the Service Provider.

 

§ 8 INTELLECTUAL PROPERTY

  1. All content posted on the website at www.www.hms-fitness.com is protected by copyright and (subject to § 8 para. 3 and elements posted by the Client, used by the Service Provider under licence, transfer of copyrights or permitted use) are the property of ABISAL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ registered in the Register of Entrepreneurs by the District Court Katowice-Wschód in Katowice, VIII Commercial Division of the National Court Register under KRS number: 0000156535, place of business and address for service: ul. Pyskowicka 17, 41-807 Zabrze, NIP: 6260000945, REGON: 278046896. The Customer shall be fully liable for any damage caused to the Service Provider resulting from the use of any content of the www.www.hms-fitness.com website without the consent of the Service Provider.
  2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content of the www.hms-fitness.com website constitutes an infringement of the Service Provider's copyright and results in civil and criminal liability.
  3. All trade names, company names and their logos used on the Website at www.www.hms-fitness.com belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and images presented on the Website at www.www.hms-fitness.com are used for information purposes.

 

§ 9 LIABILITY

  1. The Service Provider shall take all measures available to it to protect the data of the Service Recipients.
  2. The Service Recipients are fully liable for any breach of the law or damage caused by their actions on the Site, in particular by providing false data, disclosure of classified information or other legally protected secrets, violation of personal rights or copyright and related rights.
  3. The Service Provider undertakes, to the extent possible, to inform the Service Recipients in advance of possible disruptions to the operation of the Site, in particular of interruptions in access.
  4. The Service Provider shall not be liable to non-consumers:
    1. for any damages and losses directly or indirectly (including damages due to loss of business profits, business interruption or loss of business information and other damages of a property nature) arising from the use, inability to use or malfunction of the Site software,
    2. for damages resulting from the shutdown or failure of the ICT system, the failure of the power grid, due to improper use of the Site by a Customer who is not a Consumer and the malfunctioning of computer equipment, computer software or the communication system through which the Customer connects to the Site system,
    3. for any damage resulting from errors, failures and interruptions in the functioning of the Site or caused by incorrect recording or reading of data downloaded by the Client,
    4. for disruptions to the proper functioning of the Site, as well as the loss of data of Service Recipients who are not Consumers resulting from force majeure or third parties,
    5. third parties' actions involving the use of data and materials posted on the Website contrary to the generally applicable laws or these Terms and Conditions,
    6. for the inability to access the Site, caused in particular by: the quality of the connection, the breakdown of the ICT system or of the power grid, incorrect software configuration of Service Recipients who are not Consumers.

 

§ 10 TERMINATION OF USE OF THE SERVICE

  1. The Client may terminate the use of Services offered by the Site at any time, in particular if he/she does not accept any changes to these Terms and Conditions or modifications of certain Site options.
  2. The Service Provider may deprive the Client of the right to use the Services offered on the Site by blocking the Client's account, and may also restrict the Client's access to the Services offered on the Site, after having called on the Client to cease any violations, if the Client violates the Terms and Conditions, in particular if the Client:
    1. has provided untrue, inaccurate or outdated data during registration on the Site, misleading or infringing the rights of third parties;
    2. violates the personal rights of third parties through the Site;
    3. violates the principles specified in § 3 of the Terms and Conditions;
    4. will engage in any other behaviour deemed by the Service Provider to be reprehensible, inconsistent with applicable law and/or general principles of Internet use, contrary to the purpose of establishing the Site or detrimental to the Service Provider's good name.
  3. A Client who has been banned from using the Services offered on the Site may not re-register on the Site without the Service Provider's prior consent.

 

§ 11 FINAL PROVISIONS

  1. Agreements concluded through the Site are governed by Polish law.
  2. In matters not covered by these Terms and Conditions, the provisions of:
    1. Civil Code;
    2. the Act of 30 May 2014 on consumer rights;
    3. Act of 18 July 2002 on the provision of electronic services.
  3. In case of inconsistency of any part of the Rules and Regulations with the applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision of the Rules and Regulations.
  4. ABISAL reserves the right to make changes to the Regulations for important reasons, in particular:
    1. necessity of adjusting the Rules and Regulations to the law;
    2. change of data included in the Rules;
    3. changes in the scope of ABISAL's activity and the way of running the Service;
  5. The Customers are informed about changes to the Rules and Regulations by publishing them on the Website. Changes to the Terms and Conditions become effective 7 days after they are published on the Website.
  6. For issues related to the processing and protection of personal data, as well as the use of cookies, see: Privacy Policy and Cookie Policy, made available at: https://hms-fitness.com/privacy-policy.
  7. Any disputes between the Website and Consumers will be resolved in the first instance through negotiations, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent common court.
  8. Judicial resolution of disputes:
    1. 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.
    2. any disputes arising between the Service Provider and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Service Provider's registered office.
  9. The Service Recipient who is a Consumer is also entitled to use out-of-court dispute resolution methods, in particular by submitting, after the conclusion of 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). The list of Permanent Consumer Arbitration Courts operating at Voivodship Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.
  10. In order to resolve a dispute amicably, the consumer may in particular make use of the assistance of the relevant European Consumer Centre from the European Consumer Centres Network. The centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is, in principle, free of charge. For a list of the relevant Consumer Centres in your country, please see: https://konsument.gov.pl/eck-w-europie. The consumer can also submit a complaint via the online platform ODR (Online Dispute Resolution), available at: http://ec.europa.eu/consumers/odr/.
  11. Contact details of the Service Provider:
    1. Name:ABISAL spółka z ograniczoną odpowiedzialnością
    2. address: ul.Pyskowicka 17, 41-807 Zabrze;
    3. e-mail address: abisal@abisal.pl;
    4. telephone number: +48 32 307 07 91;
    5. bank account number; ____________________________.