Documents
Shop terms and conditions
This translation is provided for information purposes only. The Polish version of the document is binding.
The Online Shop available at https://football-mat.com/ is run by FOOTBALL MAT sp. z o.o., conducting business activity at ul. Gęsia 53, 97- 300 Piotrków Trybunalski, NIP: 7712940223, REGON: 542668592, entered in the National Court Register (Krajowy Rejestr Sądowy) under number 0001192588.
Seller's contact details:
telephone: +48 509 765 706,
e-mail address: sklep@football-mat.com.
This document, which also constitutes the terms and conditions within the meaning of the Act of 18 July 2002 on the Provision of Electronic Services (ustawa o świadczeniu usług drogą elektroniczną), hereinafter referred to as the “Terms and Conditions”, sets out the types and scope of services provided electronically via the Online Shop, the rules for concluding sales contracts via the Online Shop, the rules for performing those contracts, the rights and obligations of the Customer and the Seller, and the procedure for withdrawal from the contract and for complaints.
1. Online Shop: the online shop available at https://football-mat.com/.
2. Seller: FOOTBALL MAT sp. z o.o., conducting business activity at ul. Gęsia 53, 97- 300 Piotrków Trybunalski, NIP: 7712940223, REGON: 542668592, entered in the National Court Register under number 0001192588.
3. Customer: a natural person, a legal person or an organisational unit without legal personality to which the law grants legal capacity, concluding a contract with the Seller.
4. Consumer: a natural person performing a legal transaction with the Seller that is not directly related to their business or professional activity.
5. Service: electronic services provided by the Seller via the Online Shop.
6. Sales Contract: a distance contract concluded between the Customer and the Seller via the Online Shop, the subject of which is the purchase of a Product.
7. Product: a product that the Customer purchases via the Online Shop.
8. Order: the Customer's declaration of intent submitted to the Seller and aimed directly at concluding a Sales Contract for a Product with the Seller.
9. Order Form: the form available in the Online Shop that makes it possible to place an order in order to purchase a Product.
10. Customer Account: a set of resources in the Seller's ICT system in which information about the Customer is collected, including address information and order history.
11. Registration Form: the form available in the Online Shop that makes it possible to create a Customer Account.
12. Newsletter: a service that makes it possible to subscribe to and receive, by electronic means, free information about the Seller's Products and promotions.
13. Working Day: one day from Monday to Friday, excluding public holidays.
1. The Seller undertakes to provide services to the Customer to the extent and on the terms set out in the Terms and Conditions.
2. The Customer undertakes to use the Online Shop in accordance with the applicable laws and the principles of community life (zasady współżycia społecznego).
3. A Customer using the Seller's Services is obliged to comply with these Terms and Conditions.
4. The Seller complies with the rules for the protection of Customers' personal data laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
5. The Customer consents to the Seller collecting, storing and processing personal data for the purpose of performing the contract. The detailed terms of the collection, processing and protection of personal data by the Seller are set out in the “Privacy Policy” of the Online Shop.
6. Information about the Product on the Online Shop website constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code of 23 April 1964 (Kodeks cywilny).
7. All prices given on the Online Shop website are gross prices (including VAT).
8. The Seller reserves the right to change the prices of Products available in the Online Shop, to introduce new Products, and to carry out and cancel promotional campaigns or make changes to promotions already under way. In the case of promotional campaigns involving a temporary reduction in the price of a Product, the Seller indicates on the Product page, next to the promotional price, the previous lowest price of the product that applied in the period of 30 days before the promotion was introduced. The size of the reduction will be determined in relation to the lowest price indicated.
9. The Customer is prohibited from providing content of an unlawful or offensive nature. The Customer is obliged to use the Seller's websites in a manner that does not disrupt their functioning, in particular by not using specific software (including malicious software) or devices.
10. The particular risks associated with using services provided electronically are the possibility of unauthorised persons gaining access to data transmitted over the network or stored on computers connected to the network and interfering with that data, which may result, in particular, in its loss, unauthorised alteration or the inability to use the services offered via the Online Shop.
§3. Services and general terms of service provision
1. Via the Online Shop, the Seller provides services electronically by:
a) making content about the offer and the Products available on the Online Shop website,
b) making it possible to fill in the order form in order to conclude a sales contract,
c) making it possible to register in order to create a Customer Account, and maintaining the Customer Account of the Online Shop,
d) sending Customers information about promotions and Products in the form of a “Newsletter”.
2. The services specified in point 1 are provided free of charge.
3. The contract for the provision of electronic services consisting in making it possible to fill in the order form is concluded with the Customer for a fixed term at the moment they start filling in the form, and terminates when they stop filling in the form or when the completed form is sent to the Seller.
4. The contract for the provision of electronic services consisting in making it possible to register and maintain a Customer Account is concluded with the Customer for an indefinite term at the moment they register in the Online Shop.
5. A Customer Account is created (“registration”) using the functionality available on the Online Shop website: the Registration Form. Having a Customer Account is not required to place an order for Products available in the Online Shop.
6. The contract for the electronic provision of the “Newsletter” service is concluded for an indefinite term when the Customer subscribes to the “Newsletter” service using the functionality available on the Online Shop website, and ends when the Customer terminates the contract in accordance with the rules set out in the Terms and Conditions or after unsubscribing from the mailing list via the hyperlink (link) contained in the Newsletter messages.
7. Technical requirements necessary to use the services provided by the Seller:
a) a device with access to the Internet,
b) a web browser that supports Cookies,
c) access to e-mail.
8. The Customer bears the charges related to Internet access and data transmission in accordance with the tariff of their Internet service provider.
1. The Seller makes it possible to place orders for Products available in the Online Shop using the Order Form available in the Online Shop 24 hours a day, 7 days a week.
2. In addition to the method indicated in point 1, the Seller makes it possible to place wholesale (B2B) orders by telephone on +48 509 765 706 or by e-mail to sklep@football-mat.com
3. To place an order via the Order Form available on the website, the Customer selects a Product available in the Online Shop, specifying the quantity they intend to purchase and indicating the features of the ordered Product. After selecting the Product (adding the Product to the “basket” using the functionality available in the Online Shop), the Customer fills in the Order Form, providing the data necessary for the Seller to process the order, and then confirms placing the order by clicking the “Order and pay” button.
4. After receiving the order, the Seller sends the Customer, by e-mail to the e-mail address provided when placing the order, a statement acknowledging receipt of the order. Then, after verifying whether the order can be fulfilled, the Seller sends the Customer a message confirming the order. The sales contract is concluded when the Customer receives the message confirming the order.
5. The message confirming the order contains the agreed terms of the sales contract, in particular the quantity and type of the ordered Product, the total price payable including delivery costs, and the amount of any discounts granted (if applicable).
§5. Order processing time and delivery
1. The Seller processes orders in the order in which they are received (taking into account §6 point 3 of these Terms and Conditions).
2. The order processing time consists of the preparation, assembly, packing and dispatch of the Product by the Seller. The average order processing time is up to two working days for Customers in the territory of Poland or from two to seven working days for Customers abroad.
3. Orders placed on a working day after 14.00 and on non-working days are treated as placed on the next working day.
4. If part of an order consisting of several Products is not currently available, the Customer is informed of this by telephone or by e-mail and decides how the order is to be processed (partial fulfilment, extension of the waiting time, cancellation of the entire order or choice of a replacement Product).
5. In the case of orders consisting of several Products with different availability that are to be delivered in a single shipment, the order processing time will depend on when the Seller assembles the last Product covered by the order, unless agreed otherwise with the Customer.
6. The time taken by the carrier to deliver the Product to the Customer, according to the delivery method chosen by the Customer, must be added to the order processing time. Information about delivery methods and costs is available on the Online Shop website and is shown to the Customer when placing the order.
7. Orders are dispatched for delivery on working days only.
8. On receiving the parcel, the Customer should carefully check the condition of the packaging and its contents. If any damage or other irregularities are found, the Customer should draw up a damage report in the presence of the courier and notify the Seller.
9. If the Customer refuses to accept the parcel or it cannot be delivered for reasons attributable to the Customer, the Seller is entitled to charge the Customer the costs incurred in connection with such a situation (e.g. the costs of returning the parcel to the Seller or sending it to the Customer again).
10. If the Seller compensates the Customer for damage that occurred during the carriage of the Product, the claims the Customer has on this account against the carrier pass to the Seller to the extent that they were covered by the Seller. The transfer of claims to the Seller does not require a separate assignment agreement.
11. The Seller makes it possible to place orders at PROGRESS CUP tournaments (orders for collection in the promotional zone).
1. The Seller makes it possible to pay for ordered Products:
a) by prepayment via the Przelewy24 electronic payment system operated by PayPro S.A. ul. Kanclerska 15, 60-327 Poznań, in accordance with the system's terms and conditions (https://www.przelewy24.pl/regulamin);
b) by prepayment via electronic payment in the PayPal system, administered by PayPal (Europe) S.a.r.l. et Cie, S.C.A.;
c) by prepayment via the Stripe electronic payment system, operated by Stripe, Inc. 510 Townsend Street, San Francisco, CA 94103, USA;
d) by prepayment by ordinary bank transfer to the Seller's bank account;
e) cash on delivery
2. A Customer who chooses prepayment is obliged to make the payment within five days of the conclusion of the contract. If payment is not made within this period, the order may be cancelled and the Seller is entitled to withdraw from the contract.
3. The Seller starts processing the order after receiving information from the electronic payment operator that the transaction has been correctly authorised, or after the funds have been credited to the bank account in the case of payment by ordinary bank transfer. In the case of cash on delivery, the Seller starts processing the order after it has been confirmed.
4. The proof of purchase is provided to the Customer together with the Product or electronically to the e-mail address indicated by the Customer when placing the order. By placing an order for Products offered via the Online Shop, the Customer consents to receiving invoices electronically without the issuer's signature.
5. If a refund is required for a transaction made by the Customer with a payment card, the Seller makes the refund to the bank account assigned to the Customer's payment card.
§7. Liability for the Product's conformity with the contract
1. In accordance with Article 43a et seq. of the Consumer Rights Act of 30 May 2014 (ustawa o prawach konsumenta), the Seller is liable to the Customer who is a consumer for the Product's conformity with the sales contract. The provisions concerning the consumer contained in this chapter apply to a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity they carry out, as made available under the provisions on the Central Register and Information on Economic Activity (Centralna Ewidencja i Informacja o Działalności Gospodarczej).
2. The Seller is not liable for the Product's lack of conformity with the contract to the extent referred to in Article 43a(2) or (3) of the Consumer Rights Act of 30 May 2014 if the consumer, at the latest at the time the contract was concluded, was expressly informed that a specific feature of the Product deviates from the conformity requirements set out in Article 43a(2) or (3) of the Act and expressly and separately accepted the absence of that specific feature of the Product.
3. Delivery of the Product in the course of exercising the rights set out in this paragraph is at the Seller's expense.
4. The Seller is liable for any lack of conformity of the Product with the contract that exists at the time of its delivery and becomes apparent within two years of that time, unless the period during which the Product is fit for use, as specified by the Seller, its legal predecessors or persons acting on their behalf, is longer. A lack of conformity of the Product with the contract that becomes apparent before two years have passed since the Product's delivery is presumed to have existed at the time of its delivery, unless proven otherwise or unless this presumption is incompatible with the specific nature of the Product or the nature of the lack of conformity of the Product with the contract.
5. A notification of the Product's non-conformity with the contract should be sent by e-mail to sklep@football-mat.com or in writing to the address of the Seller's registered office. The notification may be sent using the form constituting Annex No. 2 to the Terms and Conditions.
6. If the Product does not conform to the contract, the consumer may demand that it be repaired or replaced. The Seller may carry out a replacement when the consumer demands repair, or the Seller may carry out a repair when the consumer demands replacement, if bringing the Product into conformity with the contract in the manner chosen by the consumer is impossible or would involve excessive costs for the Seller. If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the contract.
7. If the Product does not conform to the contract, the consumer may submit a statement on a price reduction or on withdrawal from the contract when:
a) the Seller has refused to bring the Product into conformity with the contract;
b) the Seller has not brought the Product into conformity with the contract;
c) the lack of conformity of the Product with the contract persists even though the Seller has tried to bring the Product into conformity with the contract;
d) the lack of conformity of the Product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first using the option of repair or replacement;
e) it is clear from the Seller's statement or from the circumstances that the Seller will not bring the Product into conformity with the contract within a reasonable time or without excessive inconvenience to the consumer.
8. The Customer may not withdraw from the contract if the lack of conformity of the Product with the contract is immaterial.
9. The Seller refunds to the consumer the amounts due as a result of exercising the right to a price reduction without undue delay, no later than 14 days from the day of receiving the consumer's statement on the price reduction.
10. In the event of withdrawal from the contract, the consumer returns the Product to the Seller without undue delay, at the Seller's expense. The Seller refunds the price to the consumer without undue delay, no later than 14 days from the day of receiving the Product or proof that it has been sent back. The Seller refunds the price using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for them.
11. If this is necessary to assess physical defects, the Product should be delivered to: FOOTBALL MAT sp. z o.o., ul. Gęsia 53, 97-300 Piotrków Trybunalski.
12. The Seller responds to the Customer's notification within 14 calendar days of the day of its receipt. Failure to process the notification within this deadline is equivalent to accepting it.
13. The Seller covers the costs of collection, delivery, removal of defects or replacement of the Product with a new one.
§8. Withdrawal from the sales contract
1. Pursuant to Article 27 of the Consumer Rights Act of 30 May 2014, a Customer who is a consumer has the right to withdraw from a distance contract without giving any reason.
2. The provisions concerning the consumer contained in this chapter apply to a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity they carry out, as made available under the provisions on the Central Register and Information on Economic Activity.
3. The right to withdraw from the contract may be exercised within 14 calendar days from the moment the Customer, or a third party indicated by the Customer other than the carrier, takes possession of the Product. If the contract covers multiple items that are delivered separately, in batches or in parts, the period runs from the moment of taking possession of the last item, batch or part.
4. The Customer may withdraw from the contract by submitting a statement on the form constituting Annex No. 1 to these Terms and Conditions, sending it to the Seller's address or by e-mail to sklep@football-mat.com.
5. To meet the deadline specified in point 3, it is sufficient to send the statement of withdrawal from the contract before that deadline expires.
6. The Seller will promptly confirm to the Customer receipt of the statement of withdrawal from the contract.
7. Without undue delay, and within no more than 14 calendar days from the day of receiving the statement of withdrawal from the contract, the Seller will refund to the Customer all payments received from them, including the costs of delivering the item. The Seller makes the refund using the same means of payment as the Customer used, unless the Customer has expressly agreed to a different method of refund that does not involve any costs for them.
8. If the Seller has not offered to collect the Product from the Customer itself, it may withhold the refund of the payments received until it receives the Product back or until the Customer provides proof that it has been sent back, whichever occurs first.
9. If the Customer chose a method of delivering the item other than the cheapest standard method offered by the Seller, the Seller is not obliged to reimburse the Buyer for the additional costs incurred by them.
10. The Customer is obliged to return the item to the Seller or hand it over to a person authorised by the Seller without undue delay, but no later than 14 calendar days from the day on which they withdrew from the contract, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to send the Product back before the deadline expires.
11. The Customer bears only the direct costs of returning the Product.
12. The Product should be delivered to the Seller at: FOOTBALL MAT sp. z o.o., ul. Gęsią 53, 97-300 Piotrków Trybunalski.
13. The Customer is obliged to secure the Product properly for transport. The Seller does not accept parcels sent cash on delivery.
14. In the event of withdrawal from the contract, the consumer is liable for any reduction in the value of the item resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
15. The Customer does not have the right to withdraw from the contract with regard to the contracts specified in Article 38 of the Consumer Rights Act of 30 May 2014, including, among others, a contract whose subject matter is a non-prefabricated item manufactured to the consumer's specifications or intended to meet their individual needs.
§9. Withdrawal from the contract and complaints procedure for electronic services
1. In the case of contracts for the provision of electronic services of a continuous and indefinite nature (e.g. the Customer Account service, Newsletter), the Customer has the right to terminate the contract. The Customer may terminate the contract with immediate effect and without giving any reason by sending a notice of termination to the e-mail address sklep@football-mat.com.
2. The Seller reserves the right to terminate a contract for the provision of electronic services of a continuous and indefinite nature with 14 days' notice if the Customer breaches the provisions of these Terms and Conditions.
3. In the event of non-performance or improper performance by the Seller of the services provided via the Online Shop, the Customer is entitled to submit a complaint by e-mail to sklep@football-mat.com.
4. A properly submitted complaint should include the Customer's identification (first name and surname or company name, residential address or registered office address, and e-mail address), the subject of the complaint together with an indication of the period to which the complaint relates, and the circumstances justifying the complaint.
5. The Seller considers the complaint within 14 calendar days of the day of receiving the complaint.
§10. Provisions concerning entrepreneurs
1. The provisions of this paragraph apply exclusively to Customers who are not consumers within the meaning of Article 22¹ of the Civil Code.
2. The provisions of this paragraph do not apply to sales contracts where the buyer is a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity they carry out, as made available under the provisions on the Central Register and Information on Economic Activity.
3. The Seller reserves the right to withdraw from the sales contract at any time, provided that the Product has not been handed over to the Customer, a third party acting on behalf of the Customer or the carrier making the delivery to the Customer. Withdrawal from the contract by the Seller does not give rise to any claims by the Customer against the Seller.
4. The Seller reserves the right to limit the payment methods available in the Online Shop. The Seller reserves the right to demand prepayment of all or part of the value of the order, regardless of the payment method chosen by the Customer.
5. Pursuant to Article 558 of the Civil Code, in the case of the sale of a Product to a Customer who is not a consumer, the Seller's liability under the statutory warranty (rękojmia) is excluded.
6. Pursuant to Article 548 §1 of the Civil Code, upon the Seller handing over the Product to the Customer, a third party indicated by the Customer or the carrier, the benefits and burdens associated with the Product and the risk of accidental loss of or damage to the Product pass to the Customer.
7. The Seller's liability towards the Customer is limited exclusively to actual losses incurred by the Customer in connection with improper performance of the contract by the Seller, and the Seller's liability shall not exceed the value of the order placed by the Customer.
§11. Seller's liability
1. The Seller is not liable for the Customer entering incorrect data (in particular by providing incorrect data in the forms available on the website) or for the Customer acting in a way that hinders or prevents the Seller from providing and performing the services.
2. The Seller is not liable for the consequences of the Customer using the Online Shop in a manner inconsistent with the provisions of the Terms and Conditions, the applicable laws and the principles of community life or customs applicable in this respect.
3. The Seller reserves the right to suspend or discontinue individual functionalities of the Online Shop due to the need for maintenance, inspection or expansion of the technical base or software. The suspension or discontinuation of individual functionalities of the Online Shop may not infringe the Customer's rights.
§12. Intellectual property
1. All content posted in the Online Shop (including graphics, texts, page layouts and logos) that does not originate from the Customer or other providers is protected by copyright and is the exclusive property of the Seller. Using this content without the Seller's written consent results in civil and criminal liability.
2. The Customer is obliged to use any content posted within the Online Shop solely for their own personal use. Use of the content in any other scope is permitted only where the Seller has expressly indicated so.
3. Using the Online Shop, including using text materials, graphics, photographs, applications, databases or other content, does not mean that the Customer acquires any rights in relation to that content, and in particular does not mean the acquisition of economic copyrights, related rights or licences.
4. The following activities are prohibited without the Seller's express consent:
a) copying, modifying and transmitting, electronically or in any other way, the Online Shop or parts of it, as well as individual content made available through it,
b) distributing in any way the content published in the Online Shop,
c) downloading the contents of databases and reusing them in whole or in part.
§13. Final provisions
1. The Seller reserves the right to amend these Terms and Conditions. The Seller will give notice of any amendment to the Terms and Conditions on the Online Shop website at least 14 calendar days before the amendments to the Terms and Conditions come into force. An amendment to the provisions of the Terms and Conditions does not apply to Customers who placed an order while the previous version of the Terms and Conditions was in force. An amendment to the Terms and Conditions during a contractual relationship of a continuous nature is binding on the other party if the requirements set out in Article 384 of the Civil Code have been met and that party has not terminated the contract within the notice period of 14 calendar days.
2. In all other matters not governed by the provisions of these Terms and Conditions, the relevant provisions of Polish law apply. Where the provisions in force in the consumer's country are more favourable to them and cannot be excluded by contract, they will apply to a contract concluded via the online shop.
3. The Customer may use out-of-court methods of handling complaints and pursuing claims arising from orders placed in the Shop. These include: in the event of a dispute concerning property rights arising from sales and service contracts, applying for the case to be heard by the Permanent Consumer Arbitration Court (Stały Polubowny Sąd Konsumencki) operating at the relevant Voivodeship Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej); applying to the Voivodeship Inspector of Trade Inspection in Łódź to take action aimed at an out-of-court resolution of the dispute under the Act of 23 September 2016 on Out-of-Court Resolution of Consumer Disputes (ustawa o pozasądowym rozwiązywaniu sporów konsumenckich, Journal of Laws of 2016, item 1823).
4. Irrespective of point 3, the Customer may seek assistance from the municipal (district) consumer ombudsman (rzecznik konsumentów). All necessary information is available on the website of the Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów) at www.uokik.gov.pl.
5. A Customer who is a consumer may also use the electronic method of resolving disputes with the Seller via the ODR platform available at http://ec.europa.eu/consumers/odr/.
6. Disputes arising from the provision of services under these Terms and Conditions will be submitted for resolution to:
a) the common court chosen by the Customer in accordance with the relevant provisions of Polish law, if the Customer is a consumer,
b) the common court having jurisdiction for the Seller's registered office, if the Customer is not a consumer.
7. The annexes to the Terms and Conditions form an integral part of them.
8. The Terms and Conditions come into force on 8 March 2023.
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