Shop Rules

Terms and conditionsonline shop machikogym.com

Good day!

Below you will find the regulations of the online shop https://machikogym.com, https://en.machikogym.com, https://de.machikogym.com, https://ru.machikogym.com which contain information, among others, on the method of placing an order and concluding a sales agreement, forms of delivery and payment available in the shop, the procedure for withdrawal from the agreement or the complaint procedure.

The shop belongs to P.P.H.U. Multima Arkadiusz Baranowski, ul. Rubinowa 10, 43-300 Bielsko-Biała, NIP: 824-157-17-60.

You can contact us at any time by sending an e-mail to shop@machikogym.com.

Best regards and we wish you successful shopping
The team of the online shop Machikogym.com

1.Definitions

For the purposes of these Rules and Regulations, the following meaning of the following terms is adopted:

• Buyer-a natural person, legal person or legal entity,
• Consumer -a natural person concluding a sales contract with the Seller not directly related to his/her economic or professional activity,
• Regulations -these regulations, available at https://machikogym.com/regulamin-sklepu.
• Shop-online shop operating at the following addresses:
  https://machikogym.com, https://en.machikogym.com, https://de.machikogym.com, https://ru.machikogym.com.
• Seller-P.H.U. Multima Arkadiusz Baranowski, 10 Rubinowa Street, 43-300 Bielsko-Biała, NIP: 824-157-17-60, 2.

2.Preliminary provisions

1. The Seller conducts retail sales via the Shop and provides electronic services to the Buyers. Via the Shop, the Purchaser may purchase products displayed on the Shop's websites.
2. The Rules and Regulations define the principles and conditions of using the Store, as well as the rights and obligations of the Seller and the Buyers.
3. In order to use the Store, including, in particular, to make a purchase in the Store, it is not necessary for the Buyer's computer or other device to meet any specific technical conditions. The following are sufficient:
   • Internet access,
   • standard operating system,
   • a standard web browser,
   • having an active e-mail address.
4. The Buyer may not make a purchase in the Shop anonymously or under a pseudonym.
5. It is forbidden to provide unlawful content while using the Shop, in particular by sending such content via forms available in the Shop.
6. All product prices shown on the pages of the Shop are gross prices.

3.Services provided electronically

1. Through the Shop, the Seller provides services to the Buyer electronically.
2. The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Shop. Placing an order is possible without creating an account in the Shop.
3. If the Buyer decides to create an account in the Shop, the Seller also provides an electronic service to the Buyer consisting of creating and maintaining an account in the Shop. The account stores the Buyer's data and the history of orders placed by the Buyer in the Shop. The Buyer logs into the Account using his e-mail address and a password defined by him.
4. The creation of an Account in the Store takes place by completing and submitting, by means of the automatic mechanism of the Store, a registration form. As soon as the registration form is sent, a contract is concluded between the Buyer and the Seller for the management of an account in the Shop. The contract is concluded for an indefinite period and the Buyer may terminate the contract with immediate effect at any time by deleting the account.
5. Services are provided electronically to the Buyer free of charge. However, sales contracts concluded through the Shop are chargeable.
6. In order to ensure the safety of the Buyer and the transmission of data in connection with the use of the Shop, the Seller undertakes technical and organisational measures appropriate to the level of security risk of the services provided, in particular measures to prevent acquisition and modification of personal data by unauthorised persons.
7. The Seller takes measures to ensure the fully correct functioning of the Shop. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Shop.
8. Any complaints related to the functioning of the Store, the Buyer may submit via e-mail to the e-mail address shop@machikogym.com. In a complaint, the Buyer should provide his/her name, mailing address, as well as the type and date of the irregularity related to the functioning of the Store. The Seller will consider all complaints within 14 days of receiving the complaint and will inform the Customer of its resolution at the e-mail address of the complainant.

4.Placing an order

1. The Buyer can place an order either as a registered customer or as a guest.
2. A registered customer is a Buyer who has an account in the Shop. The Buyer can create an account from the "MY ACCOUNT" tab or when placing an order.
3. To place an order, the Buyer is required to take the following steps:
   • select the product or products that are the subject of the order by clicking on the "Add to cart" button,
   • from the basket view, click on the "Proceed to checkout" button,
   • log in to his/her account in the Shop, create an account or choose the option "Buy as a guest" - does not apply to a Buyer who logged in to his/her account before starting to place the order,
   • enter the shipping address for the order and billing details - if the Buyer has previously added certain details to his account, he may select these details without having to fill them in again or enter other details,
   • select the delivery and payment method for the order,
   • read and accept the Terms and Conditions - the Buyer accepts the Terms and Conditions only if he has read them and actually accepts their provisions; the acceptance of the Terms and Conditions is voluntary but necessary to place the order,
   • click on the "Order with obligation to pay" button.
4. If the Buyer has chosen the payment method for the order in the form of payment via Przelewy24 or Paypal, after clicking on the "I order with the obligation to pay" button, the Buyer will be transferred to the transaction page of the Przelewy24 or Paypal service in order to make the payment for the order. Once payment has been made, the Buyer will be redirected back to the Shop's website with confirmation of the order. At this moment, the contract of sale of the products covered by the order is considered to be concluded between the Buyer and the Seller.
5. If the Buyer has chosen a payment method for orders other than payment via Przelewy24 or PayPal, after clicking on the "I order with the obligation to pay" button, he/she will be transferred immediately to the order confirmation page. At this moment, the contract of sale of the products covered by the order is considered to be concluded between the Buyer and the Seller.
6. In the order form, the Buyer must provide true personal information. The Buyer is liable for providing false personal data. The Seller reserves the right to withhold the execution of the order in a situation where the Buyer has provided false data or where the data raises justified doubts by the Seller as to its correctness. In such a case, the Buyer will be informed of the Seller's doubts by phone or e-mail. In such a situation, the Buyer has the right to clarify any circumstances related to the verification of the veracity of the provided data. If there is no data allowing the Seller to contact the Buyer, the Seller will provide any clarification after the Buyer has made contact.
7. The Buyer declares that all data provided by him/her in the order form are true, while the Seller is not obliged to verify their veracity and correctness, although he/she has such a right in accordance with paragraph 6 above.
8. The Customer has the possibility of making changes to the selected garment models - this refers to changes in inscriptions and/or colours. Making changes is additionally charged at PLN 20 and is connected with the purchase of the product:
   https://www.machikogym.com/pl/akcesoria/69991-personalizacja-twojego-produktu.html.

5.Delivery forms and payment methods

1. The buyer can choose the following forms of delivery of the order:
   • shipment via DPD courier company - cost PLN 16.00, approximate delivery time: 2 working days from order processing,
2. The cost of delivery is borne by the Buyer, unless the Seller specifies otherwise in the Shop. Personal collection does not involve any additional delivery costs for the Buyer.
3. The Buyer can choose the following payment methods for the ordered products:
   • transfer to the Seller's bank account,
   • payment through the Przelewy24 and Paypal services.

6.Order processing

1. After the Buyer has placed an order in accordance with the procedure described in § 4 of the Terms and Conditions, an order confirmation will be sent to the Buyer's e-mail address.
2. If the Buyer has chosen the payment method in the form of a transfer to the Seller's bank account, he/she is obliged to pay for the order within 3 days from the conclusion of the contract.
3. The fulfilment of the order consists in its preparation for dispatch to the Buyer or for personal collection by the Buyer. An order is considered to be realised as soon as the order is prepared for dispatch.
4. The lead time for each order is indicated in the product description.
5. If an order includes more than one product, the order lead time is the longest time indicated in the description of the product included in the order.
6. The order processing time is counted from the moment of making the payment for the order, unless the Buyer has chosen cash on delivery - then the order processing time is counted until the conclusion of the contract.
7. Once the order has been realised, the Seller shall send a confirmation of the order realisation to the Buyer's e-mail address and commence shipment of the order to the Buyer.
8. The dispatch of an order to the Buyer is carried out in the manner selected by the Buyer in accordance with § 4 section 1 of the Terms and Conditions.
9. The time of delivery of an order to the Buyer shall depend on the shipping method selected by the Buyer and shall be counted from the day of the order completion pursuant to § 6 sect. 3 of the Terms and Conditions.

7.Withdrawal from the Consumer's Contract

1. A Consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days from the date of taking possession of the purchased items.
2. In order to withdraw from the contract, the Consumer must inform the Seller of his or her decision to withdraw from the contract by an unequivocal statement - for example a letter sent by post, fax or e-mail.
3. The Consumer may use the model withdrawal form available at https://machikogym.com/zwrot-i-wymiana but this is not obligatory.
4. In order to meet the deadline for withdrawal, it is sufficient for the Consumer to send information concerning the exercise of the Consumer's right of withdrawal before the expiry of the deadline for withdrawal.
5. TheConsumershall be obliged to return the product to the Seller or hand it over to a person authorised by the Seller to receive it without delay, but no later than 14 days from the date on which he or she has withdrawn from the contract, unless the Seller has offered to collect the item himself. To meet the deadline it is sufficient to send the product back before its expiry.
6. The consumer shall bear thedirect costs of returning the item.
7. In the event of withdrawal from the contract, the Seller shall reimburse payments to the Consumer for the cost of the product, not including the cost of delivery of the products (if the cost has been paid by the Consumer) immediately and in any case no later than 14 days from the day on which the Seller was informed of the exercise of the right of withdrawal. Reimbursement shall be made using the same means of payment as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed otherwise. In any case, the Consumer will not incur any charges in relation to the form of payment refund.
8. If the Seller has not offered to collect the item itself from the Consumer, the Seller may withhold reimbursement of the payment received from the Consumer until it has received the item back or the Consumer has provided evidence of its return, whichever event occurs first.
9. TheConsumer shall beliable for any diminution in the value of the product resulting from the use of the product beyond what is necessary to establish the nature, characteristics and functioning of the product.
10. The Seller does not accept returns or exchanges of personalised garments, after any alterations made by the Customer, or of clubwear.
11. Sale/outlet products are returnable only, exchanges are only possible if an alternative size is available in stock in the online shop. It is not possible to exchange for a larger or smaller size of a garment from a sale/outlet that is not available off-the-shelf and requires custom sewing. Additional paid personalisation is not valid for the purchase of the aforementioned garments.

8.Liability for defects

1. The seller is obliged to deliver a defect-free product to the buyer.
2. The Seller shall be liable to the Buyer if the sold product has a physical or legal defect (warranty for defects).
3. If the sold product has a defect, the Buyer may:
   • demand a replacement of the product with a defect-free one,
   • demand the defect to be removed,
   • make a declaration to reduce the price,
   • make a declaration on withdrawal from the contract.
4. If the Buyer finds a defect in the product, he should inform the Seller about it, specifying at the same time his claim related to the found defect or making a statement of appropriate content.
5. The Buyer may use the complaint form available athttps://machikogym.com/zwrot-i-wymianajednak. It is not obligatory.
6. The Buyer may contact the Seller both by post and by e-mail.
7. The Seller shall respond to the complaint submitted by the Buyer within 14 days from the date of receipt of the complaint by such means of communication by which the complaint was submitted.
8. The details of the Seller's warranty for defects shall be governed by the provisions of the Civil Code (Articles 556 - 576).

9.Personal data and cookies

The rules concerning the processing of personal data and the use of cookies can be found in the privacy policy available at https://machikogym.com/polityka-prywatnosci.

10.Out-of-court complaint and claim procedure

1. The Seller agrees to submit any disputes arising in connection with the sale of goods to mediation proceedings. Details will be determined by the parties to the dispute.
2. The Consumer has the possibility to use out-of-court ways of handling complaints and pursuing claims. Among others, the Consumer has the possibility to:
   • apply to a permanent amicable consumer court with a request to resolve a dispute arising from a concluded sales agreement,
   • apply to the voivodeship inspector of the Trade Inspection to initiate mediation proceedings for the amicable settlement of a dispute between the Buyer and the Seller,
   • use the assistance of a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
3. For more detailed information on out-of-court ways of dealing with complaints and pursuing claims, the Consumer may look for it on the website http://polubownie.uokik.gov.pl.
4. The Consumer can also use the ODR platform, which is available athttp://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or service contract.

11.Final provisions

1. The Seller reserves the right to introduce and cancel offers, promotions and to change prices of products in the Shop without prejudice to the rights acquired by the Buyer, including in particular the terms of agreements concluded before the change.
2. The Seller reserves the right to introduce changes to the Terms and Conditions. Contracts concluded before the Rules were changed shall be governed by the Rules in force on the date of conclusion of the contract.
3. Purchasers who have an account with the Store will be notified of each change to the Terms and Conditions by e-mail to the e-mail address assigned to their account. If the content of the new Rules and Regulations is not accepted, the Buyer has the right to terminate the account agreement at any time by deleting the account or by submitting to the Seller an appropriate statement, in any form, of termination of the account agreement.
4. These Terms and Conditions are effective as of 25.05.2018.