Terms and conditions

Introduction

The online store available at https://football-mat.com/ is operated by Anetta Majchrzak, conducting business under the name PROGRESS Sports & Entertainment Anetta Majchrzak, located at ul. Malinowa 40, 97-330 Barkowice, with NIP: 7711264518, REGON: 590573730, registered in the Central Registration and Information on Business (CEIDG).

Contact Information for the Seller:

• Phone: +48 509 765 706

• Email: [email protected]

This document, hereinafter referred to as the “Regulations,” (which also serves as the regulations within the meaning of the Act of July 18, 2002, on the provision of electronic services) outlines the types and scope of services provided electronically through the online store, the terms of sales agreements entered into via the online store, the rules for the performance of these agreements, the rights and obligations of the Client and the Seller, as well as the procedures for withdrawal from the agreement and complaints handling.

• 1. Definitions

• Online Store – the online store available at https://football-mat.com/.

• Seller – Anetta Majchrzak, conducting business under the name PROGRESS Sports & Entertainment Anetta Majchrzak, located at ul. Malinowa 40, 97-330 Barkowice, NIP: 7711264518, REGON: 590573730.

• Client – a natural person, legal entity, or organizational unit without legal personality, but granted legal capacity by law, entering into an agreement with the Seller.

• Consumer – a natural person entering into a legal transaction with the Seller that is not directly related to their business or professional activity.

• Service – electronic services provided by the Seller through the online store.

• Sales Agreement – a remote agreement between the Client and the Seller via the online store, concerning the purchase of a Product.

• Product – the product that the Client purchases through the online store.

• Order – a declaration of intent made by the Client to the Seller, directly aiming at concluding a Sales Agreement for the Product with the Seller.

• Order Form – a form available in the online store that allows the Client to place an order to purchase a Product.

• Customer Account – a collection of resources in the Seller’s IT system, where the Client’s information, including address details and order history, is stored.

• Registration Form – a form available in the online store that allows the Client to create a Customer Account.

• Newsletter – a service that allows subscribing to and receiving free information about the Seller’s Products and promotions via electronic means.

• Business Day – any day from Monday to Friday, excluding public holidays.

• 2. General Provisions

• The Seller undertakes to provide services to the Client within the scope and under the conditions specified in the Regulations.

• The Client undertakes to use the online store in accordance with applicable laws and social norms.

• The Client using the Seller’s Services is obliged to comply with these Regulations.

4. The Seller adheres to the principles of personal data protection for Clients as stipulated by the European Parliament and Council Regulation (EU) 2016/679 of 27 April 2016, on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation or GDPR).
5. The Client consents to the collection, storage, and processing of personal data by the Seller for the purpose of fulfilling the agreement. Detailed terms regarding the collection, processing, and protection of personal data by the Seller are defined in the “Privacy Policy” of the Online Store.
6. Information regarding Products presented on the Online Store’s website constitutes an invitation to conclude an agreement as per Article 71 of the Polish Civil Code of 23 April 1964.
7. All prices listed on the Online Store’s website are gross prices (including VAT).
8. The Seller reserves the right to make changes to the prices of Products available in the Online Store, introduce new Products, and conduct and cancel promotional actions or make changes to ongoing promotions. In the case of promotional actions involving a temporary price reduction of a Product, the Seller will indicate on the Product page, alongside the promotional price, the previous lowest price of the product that was in effect during the 30-day period before the promotion was introduced. The scale of the discount will be determined in relation to the lowest indicated price.
9. It is prohibited for the Client to provide unlawful or offensive content. The Client is obliged to use the Seller’s websites in a manner that does not disrupt their functioning, particularly by refraining from using certain software (including malicious software) or devices.
10. Specific risks associated with using electronic services include the possibility of unauthorized persons gaining access to data transmitted over the network or stored on network-connected computers, and interfering with that data, which could result in, among other things, data loss, unauthorized modification, or the inability to use services offered through the Online Store.

• 3. Services and General Terms of Service Provision

1. The Seller, through the Online Store, provides the following electronic services:

• a) Making available content regarding the offer and Products on the Online Store’s website.

• b) Enabling the completion of an order form to conclude a sales agreement.

• c) Allowing registration to create a Customer Account and maintain the Customer Account in the Online Store.

• d) Sending promotional information and information about Products to Clients in the form of a “Newsletter.”

2. The services specified in point 1 are provided free of charge.
3. The agreement for the provision of electronic services in the form of allowing the completion of an order form is concluded with the Client for a specified period at the moment the Client starts filling out the form and is terminated when the Client abandons filling out the form or upon submission of the completed form to the Seller.
4. The agreement for the provision of electronic services in the form of enabling registration and maintaining a Customer Account is concluded with the Client for an indefinite period at the moment the Client completes the registration process in the Online Store.
5. The creation of a Customer Account (“registration”) is carried out using the registration form available on the Online Store’s website. Having a Customer Account is not required to place an order for Products available in the Online Store.
6. The agreement for the provision of the “Newsletter” electronic service is entered into for an indefinite period at the moment the Client subscribes to the “Newsletter” service via the functionality available on the Online Store’s website. It terminates when the Client cancels the agreement according to the rules set out in the Regulations or unsubscribes from the mailing list using the hyperlink (link) included in the Newsletter messages.
7. The technical requirements necessary to use the services provided by the Seller are:

• a) A device with Internet access.

• b) A web browser that supports Cookies.

• c) Access to an email account.

8. The Client bears the costs associated with accessing the Internet and data transmission according to the tariff of their Internet service provider.

• 4. Sales Agreement

1. The Seller allows orders to be placed for Products available in the Online Store using the order form available in the Online Store 24 hours a day, 7 days a week.
2. The Seller allows bulk (B2B) orders to be placed not only via the method indicated in point 1 but also by phone at +48 509 765 706 or by email at [email protected].
3. To place an order using the order form available on the website, the Client selects a Product available in the Online Store by 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 Store), the Client fills out the order form by providing the information necessary for the Seller to fulfill the order and then confirms the order by clicking the “Order and Pay” button.
4. Upon receiving the order, the Seller sends the Client an electronic statement of order acceptance to the email address provided during the order process. The Seller then verifies the ability to fulfill the order and sends the Client a confirmation message. The sales agreement is concluded at the moment the Client receives the order confirmation message.
5. The order confirmation message includes the agreed terms of the sales agreement, particularly the quantity and type of ordered Product, the total price to be paid, including delivery costs, and any discounts granted (if applicable).

• 5. Order Fulfillment Time and Delivery

1. The Seller fulfills orders according to the order in which they are received (taking into account §6 point 3 of these Regulations).
2. The order fulfillment time includes the preparation, collection, packaging, and release of the Product by the Seller. The average order fulfillment time is up to two business days for Clients within Poland or between two and seven business days for international Clients.
3. Orders placed on a business day after 14:00 or on non-business days are considered as placed on the next business day.
4. If part of the order consisting of several Products is currently unavailable, the Client will be informed by phone or email and will decide how the order will be fulfilled (partial fulfillment, extended waiting time, cancellation of the entire order, or selection of a substitute Product).
5. For orders consisting of several Products with different availability, and intended to be delivered in one shipment, the order fulfillment time will depend on the time needed to collect the last Product included in the order, unless otherwise agreed with the Client.
6. The order fulfillment time must include the delivery time of the Product to the Client by the carrier, in accordance with the delivery method chosen by the Client. Information about delivery methods and costs is available on the Online Store’s website and is provided to the Client during the order process.
7. Orders are released for delivery only on business days.
8. Upon receiving the shipment, the Client should carefully inspect the condition of the packaging and its contents. If any damages or other irregularities are found, the Client should draw up a damage report in the presence of the courier and notify the Seller.
9. In the case of refusal to accept the shipment or the inability to deliver it due to reasons attributable to the Client, the Seller is entitled to charge the Client for the costs incurred in connection with such a situation (e.g., the costs of returning the shipment to the Seller or re-shipping it to the Client).
10. If the Seller compensates the Client for damage incurred during the transportation of the Product, the claims to which the Client is entitled against the carrier in respect of the covered damage shall be transferred to the Seller to the extent that the Seller has compensated the Client. The transfer of claims to the Seller does not require the conclusion of a separate assignment agreement.
11. The Seller enables orders to be placed at PROGRESS CUP tournaments (for pickup at the promotional zone).

• 6. Payment Methods

1. The Seller provides the following payment methods for ordered Products:
2. a) Advance payment via the Przelewy24 electronic payment system, operated by PayPro S.A., ul. Kanclerska 15, 60-327 Poznań, in accordance with the system’s regulations (https://www.przelewy24.pl/regulamin);
3. b) Advance payment via PayPal, administered by PayPal (Europe) S.a.r.l. et Cie, S.C.A.;
4. c) Advance payment via the Stripe electronic payment system, operated by Stripe, Inc. 510 Townsend Street, San Francisco, CA 94103, USA;
5. d) Advance payment by standard bank transfer to the Seller’s bank account;
6. e) Cash on delivery.
7. Clients choosing to make an advance payment are required to complete the payment within five days of the contract’s conclusion. If the payment is not made within the specified time, the order may be canceled, and the Seller is entitled to withdraw from the contract.
8. The Seller will begin fulfilling the order after receiving information from the electronic payment operator about the correct authorization of the transaction or after the funds are credited to the Seller’s bank account for standard bank transfers. In the case of cash on delivery payments, the Seller will proceed with the order fulfillment after confirming the order.
9. The purchase proof is delivered to the Client along with the Product or electronically to the email address provided by the Client during the order process. By placing an order for a Product offered through the Online Store, the Client consents to receive invoices electronically without the issuer’s signature.
10. If a refund is necessary for a transaction made by the Client using a payment card, the Seller will make the refund to the bank account associated with the Client’s payment card.

• 7. Responsibility for Product Conformity with the Contract

1. In accordance with Article 43a and subsequent articles of the Consumer Rights Act of May 30, 2014, the Seller is responsible to the Client who is a consumer for the conformity of the Product with the sales contract. The provisions concerning consumers in this section also apply to an individual concluding a contract directly related to their business activity, where it is clear from the content of the contract that it does not have a professional character for that individual, particularly in light of the subject of their business activity as specified in the Central Registration and Information on Business (CEIDG).
2. The Seller is not responsible for the lack of conformity of the Product with the contract as described in Article 43a(2) or (3) of the Consumer Rights Act of May 30, 2014, if the consumer was explicitly informed, no later than at the time of the contract’s conclusion, that a particular feature of the Product deviates from the contract’s conformity requirements, as specified in Article 43a(2) or (3) of the Act, and the consumer explicitly and separately accepted the absence of that specific feature of the Product.
3. The delivery of the Product as part of the exercise of rights specified in this section is at the Seller’s expense.
4. The Seller is responsible for any lack of conformity of the Product with the contract that exists at the time of its delivery and that is revealed within two years from that moment, unless the Product’s usability period, as specified by the Seller, their legal predecessors, or persons acting on their behalf, is longer. It is presumed that any lack of conformity of the Product with the contract revealed within two years of delivery existed at the time of delivery unless proven otherwise or unless this presumption is incompatible with the nature of the Product or the lack of conformity.
5. A notification of a lack of conformity of the Product with the contract must be sent electronically to [email protected] or in writing to the Seller’s registered address. The notification can be submitted using the form attached as Annex No. 2 to the Regulations.
6. If the Product is not in conformity with the contract, the consumer may demand its repair or replacement. The Seller may replace the Product when the consumer demands repair, or the Seller may repair the Product 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 incur excessive costs for the Seller. If repair and replacement are impossible or would incur excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the contract.
7. If the Product is not in conformity with the contract, the consumer may make a declaration to reduce the price or withdraw from the contract when:
8. a) The Seller has refused to bring the Product into conformity with the contract;
9. b) The Seller has not brought the Product into conformity with the contract;
10. c) The lack of conformity with the contract persists despite the Seller’s attempt to bring the Product into conformity;
11. d) The lack of conformity with the contract is so significant that it justifies a reduction in the price or withdrawal from the contract without prior use of the possibility of repair or replacement;
12. e) It is clear from the Seller’s statement or 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.
13. The Client cannot withdraw from the contract if the lack of conformity with the contract is insignificant.
14. The Seller shall promptly, and no later than within 14 days from the date of receipt of the consumer’s statement on price reduction, return to the consumer the amounts due resulting from the exercise of the right to reduce the price.
15. In case of withdrawal from the contract, the consumer shall promptly return the Product to the Seller at the Seller’s expense. The Seller shall refund the price to the consumer promptly, but no later than within 14 days from the date of receiving the Product or proof of its return. The Seller shall refund the price using the same payment method used by the consumer, unless the consumer expressly agrees to a different method of refund that does not entail any costs for the consumer.
16. If it is necessary to assess physical defects, the Product should be delivered to the following address: PROGRESS Sports & Entertainment, ul. Malinowa 40, 97-330 Barkowice.
17. The Seller shall respond to the Client’s complaint within 14 calendar days of its receipt. Failure to respond within the specified time shall be deemed acceptance of the complaint.
18. The Seller shall cover the costs of collection, delivery, removal of defects, or replacement of the Product with a new one.

• 8. Withdrawal from the Sales Contract

1. The Client, being a consumer in connection with Article 27 of the Act of May 30, 2014, on consumer rights, has the right to withdraw from a distance contract without giving any reason.
2. The provisions concerning the consumer contained in this section apply to an individual concluding a contract directly related to their business activity, where it is clear from the content of the contract that it does not have a professional character for that individual, particularly in light of the subject of their business activity as specified in the Central Registration and Information on Business (CEIDG).
3. The right to withdraw from the contract may be exercised within 14 calendar days from the moment the Client or a third party indicated by the Client, other than the carrier, takes possession of the Product. If the contract includes multiple items delivered separately, in batches, or in parts, the period begins from the moment of taking possession of the last item, batch, or part.
4. The Client may withdraw from the contract by submitting a statement on the form attached as Annex No. 1 to these Regulations, sending it to the Seller’s address, or electronically to [email protected].
5. To meet the deadline specified in point 3, it is sufficient to send the statement of withdrawal before the deadline expires.
6. The Seller shall promptly confirm to the Client the receipt of the statement of withdrawal from the contract.
7. The Seller shall promptly, within no more than 14 calendar days from the date of receipt of the statement of withdrawal, refund to the Client all payments received from them, including the costs of delivery. The Seller shall make the refund using the same payment method used by the Client unless the Client expressly agrees to a different refund method that does not entail any costs for them.
8. If the Seller has not offered to collect the Product from the Client, they may withhold the refund of payments received until they have received the Product back or the Client has supplied evidence of having sent back the Product, whichever occurs first.
9. If the Client chose a delivery method other than the least expensive standard delivery method offered by the Seller, the Seller is not required to refund the additional costs incurred by the Client.
10. The Client is obliged to return the item to the Seller or hand it over to a person authorized by the Seller without delay, but no later than within 14 calendar days from the date of withdrawal from the contract, unless the Seller has offered to collect the Product. The deadline is met if the Client sends back the Product before the period of 14 days has expired.
11. The Client shall bear only the direct cost of returning the Product.
12. The Product should be delivered to the Seller at the following address: PROGRESS Sports & Entertainment, ul. Malinowa 40, 97-330 Barkowice.
13. The Client is obliged to properly secure the Product for transportation. The Seller does not accept shipments sent on delivery (COD).
14. In case of withdrawal from the contract, the consumer is liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.
15. The right to withdraw from the contract does not apply to the Client with respect to contracts specified in Article 38 of the Act of May 30, 2014, on consumer rights, including, among others, contracts where the subject of the performance is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy their individualized needs.

• 9. Withdrawal from the Contract and Complaint Procedure for Electronic Services

1. In the case of continuous and indefinite-term contracts for the provision of electronic services (e.g., Client Account, Newsletter), the Client has the right to terminate the contract. The Client may terminate the contract with immediate effect and without giving any reason by sending a termination statement to the email address [email protected].
2. The Seller reserves the right to terminate the contract for the provision of electronic services of a continuous and indefinite nature with a 14-day notice period in case the Client violates the provisions of these Regulations.
3. In the event of non-performance or improper performance of services provided through the Online Store by the Seller, the Client has the right to file a complaint electronically to the email address [email protected].
4. A properly submitted complaint should include the Client’s identification (name and surname or company name, residential or business address, and email address), the subject of the complaint along with an indication of the period to which the complaint relates, and the circumstances justifying the complaint.
5. The Seller shall process the complaint within 14 calendar days from the date of receipt of the complaint.

• 10. Provisions Regarding Entrepreneurs

1. The provisions of this paragraph apply exclusively to Clients 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 if the buyer is a natural person concluding a contract directly related to their business activity, where it is clear from the content of the contract that it does not have a professional character for that person, particularly in light of the subject of their business activity as specified in the Central Registration and Information on Business (CEIDG).
3. The Seller reserves the right to withdraw from the sales contract at any time if the Product has not been delivered to the Client, a third party acting on behalf of the Client, or the carrier performing the delivery to the Client. The Seller’s withdrawal from the contract does not give rise to any claims by the Client against the Seller.
4. The Seller reserves the right to limit the payment methods available in the Online Store. The Seller reserves the right to require prepayment in whole or in part of the order value, regardless of the payment method chosen by the Client.
5. Pursuant to Article 558 of the Civil Code, in the case of the sale of a Product to a Client who is not a consumer, the Seller’s liability under the warranty is excluded.
6. Pursuant to Article 548 §1 of the Civil Code, upon the issuance of the Product by the Seller to the Client, a third party indicated by the Client, or the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the Client.
7. The Seller’s liability towards the Client is limited solely to the actual damages suffered by the Client in connection with the improper performance of the contract by the Seller, with the Seller’s liability not exceeding the value of the order placed by the Client.

• 11. Seller’s Liability

1. The Seller is not liable for the introduction of incorrect data by the Client (especially by providing incorrect data in the forms available on the website) or for the Client’s actions in a manner that hinders or prevents the Seller from providing and performing services.
2. The Seller is not liable for the consequences of using the Online Store by the Client in a manner inconsistent with the provisions of the Regulations, applicable laws, and the principles of social coexistence or customs.
3. The Seller reserves the right to suspend or terminate the provision of certain functionalities of the Online Store due to the necessity of maintenance, inspection, or expansion of the technical base or software. Suspension or termination of the functionalities of the Online Store must not infringe upon the rights of the Client.

• 12. Intellectual Property

• All content included in the Online Store (including graphics, texts, page layouts, and logos), except for content provided by the Client or other suppliers, is protected by copyright law and is the exclusive property of the Seller. The use of this content without the Seller’s written consent results in civil and criminal liability.

• The Client is obliged to use all content provided within the Online Store only for personal use. The use of content in any other manner is permitted only if explicitly indicated by the Seller.

• The use of the Online Store, including the use of textual materials, graphics, photos, applications, databases, or other content, does not imply any rights for the Client with respect to the indicated content, in particular, it does not imply the acquisition of proprietary copyright, related rights, or licenses.

• The following actions are prohibited without the explicit consent of the Seller: a) Copying, modifying, and electronically or otherwise transmitting the Online Store or its parts, as well as individual content provided through it. b) Distributing the content published in the Online Store in any manner. c) Downloading the contents of databases and reusing them in whole or in part.

• 13. Final Provisions

• The Seller reserves the right to amend these Terms and Conditions. The Seller will notify about any changes to the Terms and Conditions on the Online Store website at least 14 calendar days before the changes come into effect. Changes to the Terms and Conditions do not apply to Clients who placed an order during the validity of the previous version of the Terms and Conditions. Any change to the Terms and Conditions during an ongoing contractual relationship is binding on the other party, provided the requirements specified in Article 384 of the Civil Code are met, and the party has not terminated the contract within a 14-day notice period.

• In other matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply. If the laws applicable in the consumer’s country are more favorable and cannot be excluded by agreement, they shall apply to the contract concluded through the online store.

• The Client may use out-of-court procedures for complaint and claim settlement arising from orders placed in the Store. These include, in the event of a dispute over property rights arising from sales contracts and service contracts, filing an application for the case to be heard by the Permanent Consumer Arbitration Court operating at the relevant Voivodeship Inspectorate of Trade Inspection; submitting an application to the Voivodeship Inspector of Trade Inspection in Łódź to take action aimed at out-of-court settlement of the dispute based on the Act of September 23, 2016, on out-of-court consumer dispute resolution (Journal of Laws of 2016, item 1823).

• Independently of point 3, the Client may seek assistance from the municipal (district) consumer ombudsman. All necessary information can be obtained from the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl.

• A consumer Client may also use the electronic dispute resolution method with the Seller via the ODR platform available at http://ec.europa.eu/consumers/odr/.

• Disputes arising from the provision of services under these Terms and Conditions shall be submitted for resolution to: a) The common court chosen by the Client in accordance with the relevant provisions of Polish law, if the Client is a consumer. b) The common court competent according to the Seller’s registered office, if the Client is not a consumer.

• The annexes to the Terms and Conditions form an integral part thereof.

• These Terms and Conditions come into force on March 8, 2023.