FIT and JUMP Internet Store Terms of Use

I. General Terms of Use

  1. Following Terms of Use defines how the transaction is conducted via remote devices such as webstore either by Seller or Buyer on the website www.fitandjump.pl.
  2. Internet store is managed by Katarzyna Kucińska address: Nawrot 54, 90-018 Łódź;, registered in Polish Entrepreneurs Base such as: KEJT Katarzyna Kucińska ul. Pomorska 40, Łódź;
    NIP (TIN): 769-213-83-78
    mob. +48 668-342-822
    email: biuro@fitandjump.pl
    secondary mobile +48 795-960-272
  3. Following Terms of Use is free-of-charge available on webstore of Fit and Jump Online Shop. It should be learned before the transaction is validated.
  4. By validating transaction the customers claims that the whole Terms of Use has been learned and accepted without any reservations.
  5. Customer is bound to follow the Terms of Use.
  6. Customers are available to see Fit and Jump products and services irrespectively they had been registered or not.
  7. Prices are given in Polish Zloty ( PLN ) and include all taxes ( VAT, duty, etc)

 

II. Terminology Important definitions

1. Commercial Information - direct or indirect information about products and services used to promote all activities of entrepreneur.

2. Client – a person over age of 13 ( if the person is under age, a formal acceptance of a formal caretaker is needed ), a legal person or institution able to perform legal actions who place or or intend to place an order on Fit and Jump store.

3. Consumer – a person performing a legal action which is not directly connected with its professional activity;

4. Product – a chattel or a service being provided via sale agreement.

5. Carrier – courier, Polish Post, or another company cooperatant who provide shipping service.

6. Terms of Use – Following terms of use used in conducting of transaction remotely published in Polish Legal Diary – Art. 8 of 14th July, 2002 about providing services in the internet. (Dz.U. z 2002 r. Nr 144, poz. 1204 with following changes );

7. Registration – An activity where a Client create an account via panel provided by Service provider on a Fit and Jump webstore website.

8. Fit and Jump webstore website - internet service provided on www.fitandjump.pl, where client may place an order on service or products;

9. Telefinformatic System – a system of devices and software providing data processes essential for receiving and responding to the remote device. ( on the basis of Polish law – from 16th July. 2004 (Dz.U. z 2000 r. Nr 73 poz. 852 with following changes.)).

10. Service provider – the entrepreneur providing services registered under: KEJT Katarzyna Kucińska address: Pomorska 40, 91-408 Łódź;, TIN 769-213-83-78.

11. Sale Contract – A contract of sale of products according to Civil Code, between a Client and a Service Provider via remote means ( including phone order ) - the contract is validated in the moment of accepting the offer placed by a Client.

12. Service – service done by a service provider via remote means on the basis of terms of use available on a website www.fitandjump.pl:

13. Irrelevant flaw – Flaw which does not influence proper usage of a product.

14. Order – a will of a customer which directs to order placement for fit and jump products with defining the type and quantity of a product and being recognized by a service provider as an an order.

 

III. Kind and range of services provided remotely.

1. Service provider offers Clients placing orders available on Fit and Jump Internet Webstore and signing sale contracts remotely and providing marketing information about products available on Fit and Jump Internet Webstore.

2. Service provider provides marketing information to customers who expressed their will to achieve marketing information during registering or in any other direct way.

 

IV. Terms and conditions of providing services remotely.

1. Recommended technical specification for using teleinformatic system provided by a service provider to a client:

  1. Internet connection minimal speed Kbps,
  2. Internet browser allowing the display of hypertext documents ( HTML ) Google Chrome
  3. Anti-virus software.

2. Minimal technical specification for using teleinformatic system provided by a service provider to a client:

  1. Internet connection
  2. Internet browser allowing the display of hypertext documents ( HTML ) PC: Internet Explorer 5.5; Firefox 1.0; Opera 8.x, 9; Netscape 8.1; Mozilla 1.7.x, for MAC OS 10.1: Netscape 7.2; MAC OS 10.4: Safari 2. ‘Cookies i JavaScript must be turned on and monitor display must be 1028x784

3. Customer is bound to provide all contract necessary data when registering to teleinformatic system or during purchase process which does not require registering to Fit and Jump internet webstore. :

  1. First name /Surname
  2. TIN ( Tax identification number) / PIN (personal identity number )
  3. Address
  4. Correspondence address
  5. Shipping address for the goods ordered by clients.
  6. electronic address.
  7. contact phone number

4. After registering in teleinformatic system of Fit And Jump Internet Webstore client will be provided with

  1. login,
  2. password.

5. Service Provider claims its own right to perform teleinformatic system maintenance works, which may cause temporary delays or even prevent the customer from performing any actions. Service Provided will publish information about predicted time and duration of such works. .

6. Customer using Fit and Jump Internet Webstore may give legal permission to achieve marketing information by giving client's email. Client may inform at any time a service provider about resignation of achieving marketing information which will prevent the customer from further achieving such information.

 

V. Contract conditions

1. General conditions

  1. A client may place an order:
    • via cart on Fit and Jump internet Webstore;
    • via email sent to biuro@fitandjump.pl
  2. After order placement service provider will sent a client confirmation email. Email send is such a way does not mean accepting the order by a service provider.
  3. After order verification and a client data, a service provider will sent a confirmation or cancellation of a customer's order email.
  4. If the ordered product is unavailable a client may cancel the placed and confirmed order.
  5. If a client chooses a traditional money transfer as a payment option, the order will be conducted after money are sent to a service provider bank account ( given below in Paragraph II ).
  6. If a client chooses a cash on delivery as a payment option, the order will be available only if a client conduced properly an order according to this Terms of Use.
  7. Shipping costs are paid by the client.

II. Payment options:

1. A client may pay:

  • Cash in the company HQ.
  • Money transfer to bank account: 89 1240 3073 1111 0010 6029 8965 in Bank PEKAO,
  • cash on delivery.

2. Client is bound to pay ( when the order is paid by money transfer) no longer than 7 days after the order is confirmed.

3. In the money transfer data must be put:

  • First Name and Surname ( login / client number ),
  • Order Number

4. If the money are not delivered within 7 days, a service provider claims its legal right to cancel the order entirely. .

III. Order realization

A. Service Provider claims that the order will be realized no longer then 30 days from order confirmation.

  • cash on delivery – from the day of the order,
  • money transfer – from the day of posting on bank account of all amount of money requested for the placed order including the shipping costs

B. Delivery may be conducted either in HQ of a service provided or by a Carrier. Shipping option is chosen by the client when order is being placed.

 

VI. Cancellation of Contracts.

Cancellation of Contracts – available only for Consumers.

  1. According to the legal regulations from 30th May of 2014 about consumer rights ( (Dz.U. z 2014 Nr 827) Consumer has a legal capability of a cancellation of an order without giving any explanations no longer that 14 days after taking in possession of an item according to paragraph 27 of a legal regulations from 30th May of 2014 about consumer rights. For this only a statement must be sent by client to service provider according to the terms of use time.
  2. Statement can be sent only in written form.
  3. If a cancellation statement is sent from a Consumer the delivery of a product ordered must be done immediately no longer that 14 days after the order cancellation.
  4. Flaws of the sold item.
    1. If a client sees a flaw which results in inability of proper product usage, a client may claim for:
    2. An item repair or an item exchange for the new one, only if repair is possible or exchange if a repair has been done already or the parts needed to repair are impossible to get or amend,
    3. Lowering the price or cancellation of the contract if claims from a paragraph above can not be done by a service provider.
  5. A service provided will have its statement about it no longer than within 14 days from the claim.
  6. A Consumer can not cancel the contract if the flaw is irrelevant.

2. Incapability of a product resulting from unpropper usage or montage does not mean incapability of this product according to legal regulations about customers rights in paragraph 6 about order cancellations by consumers.

3. A buyer who executes a warranty is required to deliver the product to a place given in a contract, and if such a place is not given in a contract, to a place where the item was delivered to a buyer.

4. All legal regulations connected with the contract execution are based on a Civic Code of Polish Law.

 

VII. Warranty procedure

1. A client has a right to claim warranty about services provided via internet.

2. To conduct warranty procedure, a client authorization is requested.

  1. Contract cancellation according to Return of a product Terms of Use,
  2. Product flaw according to Warranty Procedure,
  3. Warranty, if it was given by a service provider,

3. When the entrepreneur is a client – according to a Polish Legal System Civil Code warranty regulations

WARRANTY/CANCELLATION Form (link) is the place where a claim should be put. .

Properly performed warranty procedure should include at least:

  • Client detailed data – Its number, name ( either company or an individual ), address,
  • distinctive email address,
  • exact description of a subject of complain.
  • date of the subject of complain
  • phone number

4. WARRANTY/CANCELLATION Form is provided with a product bought or when the product is shipped or cashed by delivery. It is also available on www.fitandjump.pl (link).

5. Warranty/cancellation form require proof of a transaction ( a receipt or an invoice )

6. Warranties with proves of transaction must be sent to biuro@fitandjump.pl

7. Warranty procedure lasts no longer than 14 days from the date warranty was delivered to a service provider.

 

VIII. RESPONSIBILITIES

1. Service provider will do maximum effort in providing the stable operation of Fit and Jump Internet Webstore.

2. Service provider does not take responsibility for incorrect register done by a client.

3. Service Provider will do maximum effort in providing required and properly designed technical system preventing from an unauthorized access, which may cause data to be modified or collected by an unauthorized individual.

4. Public character of Internet and using it for electronic services may be endangered of data collection and modification by the unauthorized people, therefore a client is also required to do his maximal effort in choosing proper technical means which minimize the risks mentioned above.

 

IX. PERSONAL DATA PROTECTION

1. Personal data are collected only for the purposes of order realization process.

2. After a service is completed, a service provider will not process the personal data, except the one needed for:

  1. payment process
  2. legal claim
  3. necessary for advertisement, market monitoring customer preferences and behavior used by a service provider to improve its quality of products and services.
  4. necessary for the explanation of unauthorized access to a service.
  5. legally accepted to be processed on the basis of different legal regulations or previous contracts.

3. Client is able to check, modify or delete its personal data.

4. Client may accept marketing data from Fit and Jump Internet Webstore. At any time, Client is able to check, modify or delete its will to receive marketing data.

 

X. Copyright

1. Service provider claims that all pictures, descriptions, and other information presented on the website are its own legal property. All copyright reserved.

2. All rights reserved. No part of this site may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher,

 

XI. Final Provisions

1. Changes in Terms of Use are legally valid after 7 days from the moment they were published on Fit and Jump Internet Webstore.

2. On the matters not included in this Terms of Use, Civic Code is a basic source of law Article from 23rd April, 1964 (Dz.U. z 1964r., nr 16, pos. 93 with following changes.), Article from about providing internet service on the basis of teleinformatic Law and the Article about consumers rights (Dz.U. Z 2014 r., poz. 827).

3. If the legal dispute can not end amicably, The Court which is to reach a verdict will be a Sąd Powszechny ( Common Court of Law )