Shop rules

Introduction
The online store available at https://football-mat.com/ is operated by FOOTBALL MAT sp. z o.o., conducting business at ul. Gęsia 53, 97- 300 Piotrków Trybunalski, NIP: 7712940223, REGON: 542668592, entered into the National Court Register – 0001192588.
Seller’s contact details:
– phone: +48 509 765 706,
– email address: [email protected].
This document (also constituting regulations in accordance with the Act of July 18, 2002, on the provision of electronic services), hereinafter referred to as the „Regulations”, defines the types and scope of electronic services provided through the Online Store, the rules for concluding sales contracts through the Online Store, the rules for performing these contracts, the rights and obligations of the Customer and the Seller, as well as the procedure for withdrawing from the contract and the complaint process.
§1. Definitions
1. Online Store – the online store available at https://football-mat.com/.
2. Seller – FOOTBALL MAT sp. z o.o. conducting business at ul. Gęsia 53, 97- 300 Piotrków Trybunalski, NIP: 7712940223, REGON: 542668592, entered into the National Court Register – 0001192588.
3. Customer – a natural person, legal entity, or organizational unit without legal personality, to whom the law grants legal capacity, entering into an agreement with the Seller.
4. Consumer – a natural person performing a legal act with the Seller not directly related to their business or professional activity.
5. Service – electronic services provided by the Seller through the Online Store.
6. Sales Contract – a distance contract concluded between the Customer and the Seller through the Online Store, the subject of which is the purchase of a Product.
7. Product – a product that the Customer purchases through the Online Store.
8. Order – a declaration of will by the Customer submitted to the Seller and directly aiming at concluding a Product Sales Contract with the Seller.
9. Order Form – a form available in the Online Store enabling the placement of an order for the purpose of purchasing a Product.
10. Customer Account – a collection of resources in the Seller’s ICT system where information about the Customer, including address details and order history, is collected.
11. Registration Form – a form available in the Online Store enabling the creation of a Customer Account.
12. Newsletter – a service enabling subscription and electronic receipt of free information about the Seller’s Products and promotions.
13. Business Day – any day from Monday to Friday, excluding public holidays.
§2. General Provisions
1. The Seller undertakes to provide services to the Customer within the scope and under the conditions specified in the Regulations.
2. The Customer undertakes to use the Online Store in accordance with applicable law and social norms.
3. A Customer using the Seller’s Services is obliged to comply with these Regulations.
4. The Seller adheres to the principles of personal data protection for Customers as provided by Regulation (EU) 2016/679 of the European Parliament and of the Council of 2016-04-27 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 agrees to the collection, storage, and processing of personal data by the Seller for the purpose of contract fulfillment. The detailed conditions for the collection, processing, and protection of personal data by the Seller are defined in the Online Store’s „Privacy Policy”.
6. Product information displayed on the Online Store’s website constitutes an invitation to conclude a contract within the meaning of Article 71 of the Act of April 23, 1964, Civil Code.
7. All prices listed on the Online Store’s website are gross prices.
8. The Seller reserves the right to change the prices of Products available in the Online Store, introduce new Products, as well as conduct and cancel promotional campaigns or make changes to ongoing promotions. In the case of promotional campaigns involving a temporary price reduction for a Product, the Seller indicates on the Product page, next to the promotional price, the previous lowest price of the product that was in effect during the 30 days prior to the introduction of the promotion. The scale of the reduction will be determined in relation to the lowest indicated price.
9. The Customer is prohibited from providing unlawful or offensive content. 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. Specific risks associated with using electronic services include the possibility of unauthorized persons gaining access to data transmitted over the network or stored on computers connected to the network and interfering with this data, which may lead, in particular, to its loss, unauthorized modification, or prevention of using services offered through the Online Store.
§3. Services and General Terms of Service Provision
1. The Seller provides electronic services through the Online Store by:
a) making content about the offer and Products available on the Online Store’s website,
b) enabling the completion of an order form to conclude a sales contract,
c) enabling registration to create a Customer Account and maintaining the Online Store’s Customer Account,
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 agreement for the provision of electronic services in the form of enabling the completion of an order form is concluded with the Customer for a specified period at the moment they begin filling out the form and is terminated upon withdrawal from filling out the form or upon sending the completed form to the Seller.
4. The agreement for the provision of electronic services in the form of enabling registration and maintenance of a Customer Account is concluded with the Customer for an indefinite period at the moment they register in the Online Store.
5. The creation of a Customer Account („registration”) is done using the functionality available on the Online Store’s website – the Registration Form. 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 concluded for an indefinite period upon the Customer’s subscription to the „Newsletter” service using the functionality available on the Online Store’s website and is terminated upon the Customer’s termination of the agreement in accordance with the rules specified in the Regulations or after unsubscribing from the mailing list using the hyperlink (link) contained in Newsletter messages.
7. Technical requirements necessary to use the services provided by the Seller:
a) a device with Internet access,
b) a web browser that supports Cookies,
c) access to email.
8. The Customer bears the costs associated with Internet access and data transmission according to the tariff of their Internet service provider.
§4. Sales Contract
1. The Seller enables placing orders 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. In addition to the method indicated in point 1, the Seller also enables placing wholesale (B2B) orders by phone at +48 509 765 706 or electronically to [email protected]
3. To place an order using the Order Form available on the website, the Customer selects a Product available in the Online Store, specifying the quantity they intend to purchase and indicating the characteristics of the ordered Product. After selecting the Product (adding the Product to the „cart” using the functionality available in the Online Store), the Customer fills out the Order Form, providing the data necessary for the Seller to fulfill the order, and then confirms the order by clicking the „Order and Pay” button.
4. After receiving the order, the Seller sends the Customer an electronic statement of order acceptance to the email address provided during the order placement. Subsequently, after verifying the feasibility of fulfilling the order, the Seller sends the Customer an order confirmation message. Upon the Customer’s receipt of the order confirmation message, a sales contract is concluded.
5. The order confirmation message contains the agreed terms of the sales contract, specifically the quantity and type of the ordered Product, the total price to be paid including delivery costs, and the amount of any discounts granted (if applicable).
§5. Order Fulfillment Time and Delivery
1. The Seller fulfills orders in the order they are received (taking into account §6 point 3 of these Regulations).
2. The order fulfillment time includes the preparation, assembly, packaging, and dispatch of the Product by the Seller. The average order fulfillment time is up to two business days for Customers from Poland or two to seven business days for international Customers.
3. Orders placed on a business day after 2:00 PM and on non-working days are treated as placed on the next business day.
4. If a part of an order consisting of several Products is not currently available, the Customer is informed by phone or email and decides on the method of order fulfillment (partial fulfillment, extended waiting time, cancellation of the entire order, or selection of a substitute Product).
5. In the case of orders consisting of several Products with different availability, to be delivered in a single shipment, the order fulfillment time will depend on the date the Seller completes the last Product covered by the order, unless otherwise agreed with the Customer.
6. The delivery time of the Product to the Customer by the carrier, according to the delivery method selected by the Customer, must be added to the order fulfillment time. Information about delivery methods and costs is available on the Online Store’s website and is indicated to the Customer during order placement.
7. Orders are dispatched for delivery only on business days.
8. Upon receiving the shipment, the Customer should carefully check the condition of the packaging and its contents. In case of discovering any damage or other irregularities, they should draw up a damage report in the presence of the courier and notify the Seller.
9. In the event of refusal to accept the shipment or inability to deliver it due to reasons attributable to the Customer, the Seller has the right to charge the Customer for costs incurred in connection with such a situation (e.g., costs of returning the shipment to the Seller or re-sending it to the Customer).
10. If the Seller covers the Customer’s damage incurred during the transport of the Product, the claims due to the Customer against the carrier, to the extent covered by the Seller, are transferred to the Seller. The transfer of claims to the Seller does not require a separate assignment agreement.
11. The Seller enables orders at PROGRESS CUP tournaments (order for pickup in the promotional zone).
§6. Payment Methods
1. The Seller enables payments for ordered Products:
a) as an 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);
b) as an advance payment via electronic payment in the PayPal system, administered by PayPal (Europe) S.a.r.l. et Cie, S.C.A.;
c) as an advance payment via the Stripe electronic payment system, operated by Stripe, Inc. 510 Townsend Street, San Francisco, CA 94103, USA;
d) as an advance payment via standard bank transfer to the Seller’s bank account;
e) cash on delivery
2. If the Customer chooses advance payment, they are obliged to make the payment within five days from the conclusion of the contract. In case of non-payment within the specified period, the order may be canceled, and the Seller is entitled to withdraw from the contract.
3. The Seller proceeds with order fulfillment after receiving information from the electronic payment operator about correct transaction authorization or after the funds are credited to the bank account for standard bank transfers. In the case of cash on delivery payments, the Seller proceeds with order fulfillment after its confirmation.
4. Proof of purchase is delivered to the Customer along with the Product or electronically to the email address provided by the Customer during order placement. By placing an order for Products offered through the Online Store, the Customer agrees to receive invoices electronically without the issuer’s signature.
5. Should it be necessary to refund funds for a transaction made by the Customer with a payment card, the Seller will make the refund to the bank account assigned to the Customer’s payment card.
§7. Liability for Product Conformity with the Contract
1. In accordance with Art. 43a et seq. Law of May 30, 2014. of consumer rights, the Seller is responsible to the Customer, being a consumer, for the conformity of the Product 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, when the content of this contract indicates that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
2. The Seller is not liable for any lack of conformity of the Product with the contract within the scope referred to in Article 43a para. 2 or 3 of the Law of May 30, 2014. of consumer rights, if the consumer, at the latest at the time of concluding the contract, was explicitly informed that a specific feature of the Product deviates from the conformity requirements specified in Art. 43a para. 2 or 3 of the Act and explicitly and separately accepted the lack of a specific Product feature.
3. The delivery of the Product within the scope of exercising the rights specified 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 existing at the time of its delivery and revealed within two years from that moment, unless the Product’s shelf life, specified by the Seller, its legal predecessors, or persons acting on their behalf, is longer. It is presumed that a lack of conformity of the Product with the contract, which became apparent within two years from the moment of Product delivery, existed at the time of its delivery, unless proven otherwise or if this presumption cannot be reconciled with the specificity of the Product or the nature of the lack of conformity of the Product with the contract.
5. A notification of non-conformity of the Product with the contract should be sent electronically to [email protected] or in writing to the Seller’s registered office address. The notification can be sent using the form provided 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 carry out a replacement when the consumer requests repair, or the Seller may carry out a repair when the consumer requests replacement, if bringing the Product into conformity with the contract in the manner chosen by the consumer is impossible or would entail excessive costs for the Seller. If repair and replacement are impossible or would entail excessive costs for the Seller, they 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 submit a declaration of price reduction or withdrawal from the contract, when:
a) the Seller refused to bring the Product into conformity with the contract;
b) the Seller failed to bring the Product into conformity with the contract;
c) the Product’s non-conformity with the contract persists, even though the Seller attempted to bring the Product into conformity with the contract;
d) the Product’s non-conformity with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior recourse to repair or replacement options;
e) it is clear from the Seller’s statement or the circumstances that they will not bring the Product into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
8. The Customer cannot withdraw from the contract if the Product’s non-conformity with the contract is minor.
9. The Seller shall refund the consumer the amounts due as a result of exercising the right to a price reduction immediately, no later than 14 days from the date of receiving the consumer’s statement regarding the price reduction.
10. In case of withdrawal from the contract, the consumer shall immediately return the Product to the Seller at the Seller’s expense. The Seller shall refund the consumer the price immediately, no later than 14 days from the date of receiving the Product or proof of its dispatch. The Seller shall refund the price using the same payment method as used by the consumer, unless the consumer has expressly agreed to a different refund method that incurs no costs for them.
11. If it is necessary for the assessment of physical defects, the Product should be delivered to the address: PROGRESS Sports & Entertainment, ul. Malinowa 40, 97-330 Barkowice.
12. The Seller shall respond to the Customer’s notification within 14 calendar days from the date of its receipt. Failure to process the notification within the specified period is equivalent to its acceptance.
13. The Seller shall cover the costs of collection, delivery, defect removal, or replacement of the Product with a new one.
§8. Withdrawal from the Sales Contract
1. A Customer who is a consumer, in accordance with Article 27 of the Act of May 30, 2014, on Consumer Rights, has the right to withdraw from a distance contract without stating a reason.
2. The provisions concerning consumers contained in this chapter apply to a natural person entering into a contract directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available under the provisions of the Central Register and Information on Economic Activity.
3. The right to withdraw from the contract is available within 14 calendar days from the moment the Product is taken into possession by the Customer or a third party indicated by them other than the carrier. 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 Appendix No. 1 to these Regulations, by 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 from the contract before its expiry.
6. The Seller shall promptly confirm to the Customer the receipt of the statement of withdrawal from the contract.
7. The Seller shall promptly, no later than 14 calendar days from the date of receiving the statement of withdrawal from the contract, refund the Customer all payments received from them, including the costs of delivering the item. The Seller shall refund payments using the same payment method as used by the Customer, unless the Customer has expressly agreed to a different refund method that incurs no costs for them.
8. If the Seller has not offered to collect the Product from the Customer themselves, they may withhold the refund of received payments until they receive the Product back or the Customer provides proof of its dispatch, whichever event occurs first.
9. If the Customer chose a delivery method other than the cheapest standard method offered by the Seller, the Seller is not obliged to refund 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 authorized by the Seller immediately, but no later than 14 calendar days from the day on which they withdrew from the contract, unless the Seller offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiry.
11. The Customer bears only the direct costs of returning the Product.
12. The Product should be delivered to the Seller at the address: FOOTBALL MAT sp. z o.o., ul. Gęsią 53, 97-300 Piotrków Trybunalski.
13. The Customer is obliged to properly secure the Product for transport. The Seller does not accept shipments sent cash on delivery.
14. In case of withdrawal from the contract, the consumer is liable for any diminished value of the item resulting from handling it in a way other than what is necessary to establish its nature, characteristics, and functioning.
15. The right to withdraw from the contract does not apply to the Customer in relation to contracts specified in Article 38 of the Act of May 30, 2014. On consumer rights, m. in. in relation to a contract where the subject of the service is a non-prefabricated good, 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 contracts for the provision of electronic services of a continuous and indefinite nature (e.g., Customer Account service, Newsletter), the Customer has the right to terminate the contract. The Customer may terminate the contract with immediate effect and without stating a reason by sending a termination statement to the email address [email protected].
2. The Seller reserves the right to terminate a contract for the provision of electronic services of a continuous and indefinite nature with a 14-day notice period in the event of the Customer violating the provisions of these Regulations.
3. In the event of non-performance or improper performance by the Seller of services provided through the Online Store, the Customer is entitled to submit a complaint electronically to [email protected].
4. A properly submitted complaint should include the Customer’s identification (name and surname or company name, residential address or company registered office address, and email address), the subject of the complaint, including an indication of the period to which the complaint relates, and the circumstances justifying the submission of the complaint.
5. The Seller shall process the complaint within 14 calendar days from the date of its receipt.
§10. Provisions concerning Entrepreneurs
1. The provisions of this paragraph apply exclusively to Customers who are not consumers within the meaning of Article 22 1 of the Civil Code.
2. The provisions of this paragraph do not apply to sales contracts where the buyer is a natural person entering into a contract directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available under the provisions of the Central Register and Information on Economic Activity.
3. The Seller reserves the right to withdraw from the sales contract at any time if the Product has not been delivered to the Customer, a third party acting on behalf of the Customer, or the carrier performing 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 Store. The Seller reserves the right to demand prepayment for the entire or part of the order value, 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 warranty is excluded.
6. Pursuant to Article 548 §1 of the Civil Code, upon the Seller’s delivery of the Product to the Customer, a third party indicated by the Customer, or a carrier, the benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, pass to the Customer.
7. The Seller’s liability towards the Customer is limited exclusively to actual damages incurred by the Customer in connection with the Seller’s improper performance of the contract, with the Seller bearing liability not exceeding 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’s actions that hinder or prevent the Seller from providing and performing services.
2. The Seller is not liable for the consequences of the Customer using the Online Store in a manner inconsistent with the provisions of the Regulations, applicable legal provisions, and the applicable principles of social coexistence or customs in this regard.
3. The Seller reserves the right to suspend or terminate the provision of individual functionalities of the Online Store due to the necessity of maintenance, review, or expansion of the technical base or software. The suspension or termination of the provision of individual functionalities of the Online Store may not infringe upon the Customer’s rights.
§12. Intellectual Property
1. All content published in the Online Store (including graphics, texts, page layout, and logos) that does not originate from the Customer or other suppliers is protected by copyright 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.
2. The Customer is obliged to use all content published within the Online Store only for their personal use. Use of content for any other purpose is permitted only if expressly indicated by the Seller.
3. Use of the Online Store, including the use of text materials, graphics, photos, applications, databases, or other content, does not imply the acquisition by the Customer of any rights in relation to the indicated content, and in particular, does not imply the acquisition of proprietary copyrights, related rights, or licenses.
4. The following actions are prohibited without the express consent of the Seller:
a) copying, modifying, and transmitting electronically or in any other way the Online Store or its parts, as well as individual content made available through it,
b) distributing in any way content published in the Online Store,
c) downloading database content and its secondary use in whole or in part.
§13. Final Provisions
1. The Seller reserves the right to amend these Regulations. The Seller shall notify of changes to the Regulations on the Online Store’s website at least 14 calendar days before the changes to the Regulations come into effect. Changes to the provisions of the Regulations do not apply to Customers who placed an order while the previous version of the Regulations was in force. An amendment to the Regulations during the term of a continuous contractual relationship binds the other party if the requirements specified in Article 384 of the Civil Code have been met, and the party has not terminated the contract within a 14-calendar-day notice period.
2. In other matters not regulated by these Regulations, the relevant provisions of Polish law shall apply. If the provisions applicable in the consumer’s country are more favorable to them, and these provisions cannot be excluded by agreement, they shall apply to the contract concluded via the online store.
3. The Customer has the option to use out-of-court methods for handling complaints and pursuing claims arising from orders placed in the Store. These include: in the event of a dispute over property rights arising from sales and service contracts, submitting a request for the case to be heard by the Permanent Consumer Arbitration Court operating at the relevant Provincial Inspectorate of Trade Inspection; submitting a request to the Provincial Inspector of Trade Inspection in Łódź to take actions aimed at out-of-court dispute resolution based on the Act of September 23, 2016, on out-of-court consumer dispute resolution (Journal of Laws of 2016, item 1823).
4. Regardless of point 3, the Customer may seek assistance from the municipal (district) consumer ombudsman. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl.
5. A Customer who is a consumer may also use an electronic method for 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 Regulations shall be submitted for resolution to:
a) a common court of law chosen by the Customer in accordance with the relevant provisions of Polish law, if the Customer is a consumer,
b) a common court of law competent for the Seller’s registered office, if the Customer is not a consumer.
7. The Appendices to the Regulations form an integral part thereof.
8. These Regulations come into force on March 8, 2023.