These regulations set out the rules for placing and fulfilling orders through the website operating at URL: www.yakimasport.pl

CHAPTER I - DEFINITIONS:

The terms used in these terms and conditions mean:
a. Seller - Moje442.pl s.c. Marcin Kurkowski Paweł Kaszuba, 33 Gardenii Street, 04-649 Warsaw, NIP: 952-208-20-36

b. Online shop - the online shop operated by the Seller at URL: www.yakimasport.pl

c. Orderer - a natural person with legal capacity, a legal person or an organisational unit that is not a legal person but to which special regulations grant legal capacity, making an Order within the framework of the Internet Shop;
d.User - each person using the website of the Internet Shop;

e. Goods or Goods - sportswear, sports footwear and other sports articles offered by the Seller for sale in the Online Store;

f. Price - gross price of the Goods placed next to the information about the Goods, not including, however, the costs of delivery of the Goods to the Ordering Party;

g. Order - a set of Goods specified for execution by the Ordering Party, in accordance with these Regulations;

h. Place of collection - the premises located at: 466/B1 Wal Miedzeszyński St. 03-994 Warsaw, at which location it is possible to collect the Order in person, from Mon to Fri, excluding public holidays, by prior arrangement with the Seller;

i. Goods page - a subpage on the website of the Online Store where detailed information about the Goods is presented;

j. Contract of sale - a contract of sale of Goods within the meaning of the provisions of the Act of 24 April 1964 Civil Code (i.e. Journal of Laws of 2014, item 121. as amended), concluded between the Seller and the Orderer, using the website of the Online Store;

k. Orderer' s Account - a tool available in the system of the Online Store, after entering the e-mail address (Login) and Password, allowing, among others, to follow on the website of the Online Store the stages of completion of the Order, view the history of Orders, edit the Orderer's contact details and change the Password, correct personal data, etc.;

l. Login - the e-mail address indicated by the User during registration in the Online Store, required together with the Password to set up the Orderer's Account;

m. Password - a sequence of characters of letters, digits or other chosen by the User during the registration of the Ordering Account, used to secure access to the Ordering Account;

n. Consumer - a natural person making a legal transaction with an entrepreneur that is not directly related to his/her economic or professional activity, as defined in Article 221 of the Act of 24 April 1964 of the Civil Code (i.e. Journal of Laws of 2014, item 121. as amended);

o. Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);

p. Regulations - these Regulations of the Online Store.



CHAPTER II - GENERAL PROVISIONS:

1.Placing of an Order for Goods offered in the Online Store and fulfilment of Orders takes place on the basis of these Regulations and commonly binding legal regulations.

2.The number of Goods offered that are subject to promotion or subject to sale is limited. The fulfilment of Orders for such Goods takes place in the order in which they were placed by the Ordering Parties, until stocks are exhausted.

3.The information provided on the website of the Online Store does not constitute an offer within the meaning of the Civil Code Act of 24 April 1964 (i.e. Journal of Laws of 2014, item 121. as amended). They only constitute an invitation to submit offers by the Ordering Parties.

4.All prices quoted on the website of the Online Store are expressed in Polish zloty and are gross prices (including VAT).

5.It is forbidden to use the Online Store or the website www.yakimasport.pl, by the Orderers, Users or third parties to send unsolicited commercial information, the so-called spam, within the meaning of the Act on the provision of services by electronic means of 18 July 2002 (unified text: Journal of Laws of 2013, item 1422), as well as using the website of the Online Store in a manner contrary to the law, good morals, violating personal rights of third parties or the legitimate interests of the Seller.

6.Use of the Online Store is possible for the Purchaser who has the following equipment:
a. PC or other device with Internet access;
b. Internet access;
c. Internet browser, e.g. Firefox, Internet Explorer or Google Chrome;
d. active e-mail account.

7.Direct contact between the Purchaser and the Seller is possible by phone or e-mail. All contact details of the Seller are given in these Terms and Conditions and on the website of the Online Store under CONTACT.


CHAPTER III - SERVICES PROVIDED ELECTRONICALLY:

1.Services provided electronically on the basis of these Terms and Conditions consist in enabling the Users to make purchases in the Online Store using the Orderer's Account, as well as making the newsletter service available and providing the "Ask a product" service, the "Notify a friend" service, the "Notify about price changes" service and the "Add your opinion" service. These services are provided 24 hours a day, 7 days a week. These services are free of charge for Users.

2.Using the service of the Orderer's Account requires the User to register in accordance with the provisions of these Regulations.

3.Using the newsletter service is possible for each User who, during the registration of the Orderer's Account or when making an Order without registering, unchecks and thus activates the appropriate field in the Order form or enters his/her e-mail address in the appropriate field made available by the Seller on the website of the Online Store. After sending via the website of the Internet Store the electronic mail address, the User receives, to this e-mail address indicated by him/her, a message with confirmation of subscription to the newsletter and a request for confirmation of subscription to the newsletter. The moment such confirmation of newsletter subscription is sent to the User, a contract for electronic provision of services is concluded.

4.The "Ask for product" service consists in enabling the User to send to the Seller, via a form made available by the Seller on the website of the On-line shop, an enquiry regarding detailed information about the Goods, about the properties of the Goods, at the same time providing the User's e-mail address. The Seller responds by sending information to the e-mail address indicated by the User, within 3 days from sending the question by the User at the latest.

5.The "Notify a friend" service consists in enabling the User to send a message about the Goods presented in the Online Store to a person selected by the User. For this purpose, the User indicates his/her name and surname and the e-mail address of the person he/she wants to notify about the Goods in the Online Shop in the form made available on the website of the Online Shop. At the e-mail address indicated by the User, this person shall receive a link to the web page of the Goods in the Online Store recommended by the User together with information about the name and surname of the User who recommends such Goods to him/her.

6.The service "Notify about price change" consists in enabling the User interested in a given Goods to receive information about each time the price of the Goods selected by him/her changes. For this purpose, the User, via a form available on the Website of the Internet Shop, indicates the e-mail address to which he or she wishes to receive a message regarding a change in the Price of an Item selected by him or her. Each time there is a change of the Price, the User receives a message from the Seller to the indicated e-mail address.

7.The service "Add your opinion" consists in enabling the User to place an individual and subjective opinion of the User concerning given Goods on the Website. The User does not receive any remuneration from the Seller or any other benefits for using this service.

8.By posting content on the website of the Online Store through free services offered by the Seller, referred to in these Terms and Conditions, the User voluntarily distributes this content. In case of any doubts, it shall be assumed that the Seller only provides the Users with adequate IT resources to make the content available and disseminate it, however, the content should not be equated with the Seller's views.

9.Each User shall be held responsible for the content they post and make available through the use of services provided electronically by the Seller.

10.Users may not post content that could in any way violate the personal rights of third parties or the Seller, or infringe any other third party rights, including copyrights and related rights, industrial property rights, business secrets. It is also forbidden for the Users to place any content of an offensive nature, violating good manners, legal regulations or social norms, or content containing any personal data of third parties without their consent, as well as content of an advertising nature.

11.Conclusion of the agreement for the provision of services by electronic means is tantamount to the submission by the Customer of the following statements:
a. I join the services voluntarily,
b. the data contained in the contact forms are true and do not violate the rights of third parties.

12.The contract for the provision of electronic services by the Seller is concluded for an indefinite period of time. The user may terminate this contract at any time. The Seller may terminate the contract for the provision of services by electronic means at 14 days' notice. Termination of the agreement for the provision of services by electronic means by either party, as well as its termination by mutual consent, is tantamount to the deletion of the Customer's Account.

13.Termination or termination by mutual consent of the agreement for the provision of services by electronic means shall not affect the performance of already concluded Sales Agreements, unless the parties agree otherwise.

14..Seller may terminate the agreement for the provision of services by electronic means with a 7-day notice if:
a. the purpose of registration or the manner of using the services is manifestly inconsistent with the principles and purpose of operation of the Online Store,
b. the User's activity is contrary to current moral norms, incites to violence or committing a crime, and if it violates the rights of third parties,
c. The Seller has received official notification of the unlawful nature of the Orderer's data provided or activities related to them,
d. The Seller has obtained reliable knowledge of the unlawful nature of the provided data or related activity and has previously notified the Orderer of its intention to prevent access to the Orderer's Account,
e. The Orderer or the User sends unsolicited commercial information,
f. The Orderer or the User flagrantly or persistently violates the provisions of the Terms of Use,
g. the address data provided by the Orderer raises objectively justified doubts as to its correctness or truthfulness, and these doubts could not be removed by contacting the Orderer by phone or e-mail.

15.The User may at any time unsubscribe from the newsletter free of charge. In such a case, he/she should unsubscribe by entering his/her address and activating the relevant field in the form made available by the Seller on the website of the online shop, or click on the unsubscribe link visible in each newsletter sent, or contact the Seller.

16.The user may at any time unsubscribe, free of charge, from the "Ask a product", "Recommend to a friend", "Notify about a price change" and "Add an opinion" services. Such cancellation consists in stopping the use of a given service and not sending messages using the online shop's website.

17.The user can file a complaint about services provided electronically by the seller. The User is asked to send the complaint containing the User's login and a short description of the problem to the e-mail address of the Seller or in writing to the address of the Seller.

18.Complaints are dealt with within 14 days from the submission of the relevant complaint, in accordance with the applicable regulations. The User shall be informed by the Seller about the manner of its consideration.


CHAPTER IV - ORDERING AND CONCLUDING THE SALE AGREEMENT:

1.Placement of an Order and conclusion of a Sales Agreement is conditional on the Orderer correctly filling in the Order form (in particular providing the personal data required in the form, delivery address, contact telephone number and e-mail address), selecting the selected form of delivery and payment and sending the filled-in Order from the online Store's purchasing panel, as well as on the Orderer agreeing to conclude a Sales Agreement and becoming acquainted with the Regulations of the online Store.

2..When placing an Order, the Ordering Party may, but is not obliged to, register with the Online Store and create an Ordering Party Account, so as not to provide the personal data specified in item 1. above each time during subsequent orders. Registration is free of charge and voluntary. The Login and Password are confidential. The Customer using the Login and Password is obliged to keep this information confidential. The Customer's Password is not known to the Seller. A user who has not registered an Orderer's Account makes an Order as a guest.

3.The Orderer is requested to promptly update the data provided during registration using the form available in the Orderer's Account.

4.Each User can have only one Orderer's Account in the Online Store. The Orderer's Account is non-transferable, the User is not allowed to use the Orderer's Accounts of other Orderers or make available to other persons the possibility to use the Orderer's Account, including the Login and Password to access the Orderer's Account.

5.In order to place an Order in the Online Store, the Orderer is asked to do the following:

a.select the Goods to be purchased, quantity of the Goods, size, and then click the "Add to basket" button,
b.then, after selecting all the ordered Goods, click the "Order" button,
c.choosing the method of delivery of the Goods, the method of payment, and also, if the Ordering Party does not have an Ordering Account yet, but wishes to create one, entering personal data, telephone number, e-mail address and delivery address of the Goods, and possibly, if the Ordering Party so requests, data for a VAT invoice, entering any comments or remarks addressed to the Seller in the field provided for this purpose, and confirming that he/she has acquainted himself/herself with the provisions of the Regulations by unchecking this fact in the Ordering panel;
d.The Orderer may also additionally indicate that he/she wishes to subscribe to the newsletter and consent to the processing of his/her personal data by the Seller in the form of e-mail address for the purpose of researching his/her opinion on the level of satisfaction with the purchase made at the Online Store, then click the "Next" button;
e.in order to complete the placement of the Order, click the "Place order with obligation to pay" button.

6.After the Orderer places the Order, he/she receives an automatic reply to the e-mail indicated in the Order with a message confirming the placement of the Order along with the Order number. The contract of sale is concluded when the Order with the assigned Order number is sent to the Seller. The contract of sale is concluded in the Polish language. Each time there is a change in the status of an Order, the Ordering Party shall receive relevant e-mail information (e.g. that the Order is awaiting execution, or that the Order has been cancelled, or that the Order has been sent) to the e-mail address specified when placing the Order for the Goods.

7.It is also possible for the Ordering Party to place an Order by telephone during the contact telephone hours indicated on the website of the Online Store, in which case the Ordering Party is requested to provide personal data necessary for the execution of the Order, as specified in sec. 5. c. above. In the case of an Order placed by telephone, in order to effectively conclude a Sales Agreement it is necessary for the Seller to first confirm the content of the proposed Sales Agreement by sending it by the Seller to the e-mail address provided by the Ordering Party.

8.When placing an Order, the Ordering Party is bound by the Regulations from the moment of placing the Order. The Seller does not specify the minimum value of the Order in the Online Store.

9.The content of Sales Contracts concluded using the Online Store are stored by the IT system of the Online Store for a period of 60 months from the date of conclusion of each Sales Contract, and the content of these contracts is made available only to the parties to the Sales Contract. Each Ordering Party, after logging into his Ordering Party's Account, has access to all his Sales Contracts concluded through the website of the Online Store for the period of their storage in the IT system specified in the first sentence.

10.The Purchaser's decision to conclude a Sales Contract with the Seller shall result in the impossibility to terminate the contract before the lapse of 7 days from the date of its conclusion.


CHAPTER V- FORMS OF PAYMENT, DELIVERY COSTS:

1.The following forms of payment are possible in the Online Store:
a.prepayment to the Seller's account, i.e. payment by traditional bank transfer or dot-pay electronic transfer (e-transfer), bank transfer using your bank's e-banking account to the account number indicated by the Seller in the process of completing the Order, or by payment card;
b.payment "cash on delivery", i.e. cash on delivery of the Order from the courier or from the Place of collection.

2.e-Transfers are executed in such a way that the Ordering Party placing an Order for Goods through the webpage of the Internet Shop selects as a form of payment one of the on-line payment methods described in sec. 1. a. above and is redirected to the bank's transaction service. After logging in there, The ordering party receives a transfer form ready for acceptance with the appropriate amount, transfer title and the seller's details. After accepting the transfer, the Purchaser is redirected back to the web page of the Online Shop. On-line payments are handled by DotPay S.A.

3.In the case of choosing prepayment as a form of payment, the amounts due for the ordered Goods, including delivery costs, should be paid to the account number indicated in the e-mail confirming the Order.

4.When paying by traditional bank transfer, the Ordering Party is asked to enter the number of the Order from the Online Store received in the e-mail confirming the Order in the title of the transfer.

5.Making a payment in an incorrect amount may significantly lengthen the time for processing the Order.

6..In the case of an Order for an amount exceeding PLN 2000 it is only possible to make a payment by bank transfer, regardless of the type of delivery of the Order.

7.The time of commencement of realisation of the Order is the time when the payment is entered into the Seller's bank account specified in the confirmation of the Order - in the case of transfer payment or the time when the Order is made - in the case of choosing cash on delivery.

8.Orders made at the Online Store are dispatched via courier company Siódemka or Parcel Machines 24/7. It is also possible to collect the Order in person from the Place of collection, after agreeing the time of collection with the Seller. When collecting from the Place of Collection, it is possible to pay in cash or using a payment card.

9.The costs of delivery within the territory of the Republic of Poland depend on the type of payment method selected by the Purchaser, are visible in the PAYMENTS AND DELIVERY tab on the webpage of the Online Shop and amount respectively to:



a. Courier shipment of 1 standard package up to 30 kg, payment by bank transfer or payment card - 22 PLN


b. Courier shipment, payment on delivery - 24 PLN


c. Personal collection from the Place of Collection - 0 PLN



10.The costs of delivery are specified each time the Ordering Party chooses the delivery method while making the Order. The total cost of delivery of the Goods (i.e. the price of the Goods together with the costs of the selected method of delivery of the Order) is visible to the Ordering Party in the Order panel before placing the Order and in the e-mail confirming the Order.

11.The costs of delivery are calculated for 1 parcel weighing up to 30 kg. In the event that a consignment with an Order requires to be packed in more than one parcel, the Seller will immediately contact the Ordering Party and indicate the total costs of delivery of the Order.

12.The Seller reserves the right to change the shipment fees for the Order, however the parties are bound by the delivery fee valid at the time of placing the Order.



CHAPTER VI - EXECUTION OF ORDERS:

1.Making Orders at the Online Store is possible 24 hours a day, 7 days a week, however the Seller shall not execute Orders on public holidays, in accordance with the applicable regulations.

2.The Online Store executes Orders within the territory of the Republic of Poland and abroad. In the event of choosing a place of fulfilment of the Order outside the territory of the Republic of Poland, the Ordering Party is requested to contact the Seller immediately in order to establish the detailed terms and conditions of the Sales Agreement, including obtaining detailed information on costs of delivery of the Order.

3.On some Pages of the Goods, there is an indication that the Goods are available only "to order". This means that the Seller does not have such Goods in stock. Therefore, in the event that the User decides to order Goods whose lead time is marked as "on order", the Seller shall immediately contact the Ordering Party in order to establish individual terms and conditions of the Sales Contract, including its delivery date. In the event of partial or total unavailability of the Goods covered by the Order, the Seller shall immediately inform the Ordering Party by e-mail or telephone. The Ordering Party is then entitled to resign from the entire Order, or to resign from the Goods that are missing, or to agree to extend the execution time of the Order, or to execute the Order in parts, or to agree to replace the missing Goods with similar ones of similar properties and Price.

4The execution of the Order of other Goods than the ones marked "to order" depends on the extent to which the stocks of the Goods in the Seller's warehouse are exhausted, therefore if the Order contains Goods that are currently unavailable, the Seller shall immediately inform the Ordering Party thereof via e-mail or telephone. The Ordering Party then has the right to resign from the entire Order, or to resign from the Goods that are missing, or to agree to extend the execution time of the Order, or to execute the Order in parts, or to agree to replace the missing Goods with similar ones of similar properties and price.

5.For a given Order, the Price from the moment of submitting the Order is binding.

6Ordered Goods available in the Seller's warehouse are dispatched within 3 working days, maximum within 30 days (depending on the method of delivery chosen by the Purchaser), excluding public holidays, calculated after the payment for the Order is credited to the Seller's account in the case of prepayment to the Seller's account, or after the day of placing the Order, in the case of choosing cash on delivery, subject to the provisions of paragraph 7. below.

7.The Seller reserves the right to refuse execution of the Order in the case when:
a. the Order form is filled out incorrectly and the Seller cannot contact the person placing the Order in order to verify their contact details;
b. The Ordering Party fails to transfer the required amount to the Seller's account (in the case of choosing prepayment to the Seller's account) or the shipment is not collected by the Ordering Party.

8.The Ordering Party undertakes to collect the ordered Goods and/or pay the Price indicated by the Seller, including the delivery costs of the ordered Goods.

9..In the event that the Ordering Party is not a Consumer, the Seller reserves the ownership of the Goods until the moment of payment of the Price, in accordance with the provisions of these Regulations.

10.When the Goods are delivered by a courier company, the Ordering Party is asked to check, in the presence of the courier, whether the consignment has no damage resulting from transport, whether it is intact, consistent with the Order. This is a free service that guarantees the highest quality of service. If any damage to the consignment, incompleteness or non-compliance of the consignment with the Order is found, the Ordering Party is requested not to accept the consignment and immediately report this fact to the Seller.

11.A fiscal receipt or a VAT invoice shall be issued for each Goods sold, if the Ordering Party expressed such a wish to receive an invoice and indicated additional information in the content of the Order, in particular NIP no. or PESEL no. in the case of a natural person. The sales document constitutes a written confirmation of the content of the Order placed.

12.The Seller undertakes to deliver the Goods without defects, excluding any defects indicated in the sales offer on the individual pages of the Goods in the Online Shop.


CHAPTER VII - RIGHT TO WITHDRAW FROM THE CONTRACT:

1.Pursuant to Article 27. of the Act, the Seller informs about the right of the Consumer to withdraw from the Sales Contract within 14 days without stating any reason. The term of withdrawal shall expire after 14 days from the day on which the Consumer came into possession of the item or on which a third party other than the carrier and indicated by the Consumer came into possession of the item.

2. In order to exercise the right of withdrawal from the Sales Contract, the Seller must be informed of the decision to withdraw from the Sales Contract by an unequivocal statement (for example in the form of a letter sent by post or e-mail). If the Ordering Party uses the form of sending a statement of withdrawal from the Sales Agreement by e-mail, the Seller shall send to the Ordering Party an immediate confirmation of receipt of the information on withdrawal from the agreement on a durable medium (e.g. by e-mail).

3.The Ordering Party being a Consumer may also use the model withdrawal form which constitutes Attachment No. 1 to these Terms and Conditions, however it is not obligatory.

4.In order to observe the deadline for withdrawal from the Sales Agreement, it is sufficient to send the information concerning the exercise of the right of withdrawal to the Purchaser being the Consumer before the expiry of the deadline for withdrawal from the Sales Agreement.

5.Effects of withdrawal from the contract: in the event of withdrawal from the Sales Contract, the Seller shall reimburse to the Ordering Party being the Consumer all payments received from him, including the costs of delivery of the Goods (except for the additional costs resulting from the delivery method chosen by the Ordering Party other than the cheapest ordinary delivery method offered by the Seller), promptly, and in any case not later than 14 days from the day on which the Seller was informed of the Ordering Party's decision to exercise his right of withdrawal from the Sales Contract. The Seller shall refund the payment using the same means of payment that were used by the Purchaser in the original transaction, unless the Purchaser has expressly agreed otherwise; In any event, the Purchaser shall not incur any charges in connection with this return. The Seller may withhold reimbursement until it has received the Goods or until it has been provided with proof of their return, whichever event occurs first.

6.The Purchaser is requested to send back or hand over the returned Goods to the following address of the Seller, immediately and in any case no later than 14 days from the day on which the Purchaser informed the Seller of the withdrawal from the Sales Contract. The deadline is met if the Purchaser sends back the Goods before the expiry of the 14-day period. The Ordering Party shall have to bear direct costs of returning the Goods.

7.The Ordering Party being the Consumer shall be liable only for diminished value of the Goods resulting from the use of the Goods in a manner different than it was necessary to determine the nature, characteristics and functioning of the Goods.

8..Pursuant to the provisions of Article 38 of the Act, the Consumer is not entitled to withdraw from the Sales Agreement with respect to the following contracts:
a.for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer who was informed before the performance started that after the Seller's performance he will lose the right to withdraw from the Sales Agreement;
b. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not exercise control, and which may occur before the expiry of the deadline for withdrawal from the Sales Agreement;
c. in which the subject of the performance is a non-refabricated item, manufactured to the Consumer's specifications or serving to satisfy his/her individual needs (e.g. clothing on which individual prints have been made at the request of the Orderer, etc.); personalised at the request of the Customer);
d. in which the subject of the performance is an item that deteriorates rapidly or has a short shelf life;
e. in which the subject of the performance is an item supplied in a sealed package that cannot be returned after opening the package due to health protection or hygienic reasons, if the package has been opened after delivery;
f. in which the subject matter of the performance are things which after delivery, due to their nature, are inseparably connected with other things;
g. in which the subject matter of the performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market, over which the Seller has no control;
h. in which the Consumer expressly requested that the Seller come to him to carry out urgent repair or maintenance; if the Seller provides in addition other services than those which the Consumer requested, or provides items other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal from the Sales Agreement is granted to the Consumer in respect of additional services or items;
i. in which the subject matter of the performance is a sound or visual recording or computer software supplied in sealed packaging if the packaging has been opened after delivery;
j. for the supply of newspapers, periodicals or magazines, with the exception of an agreement on subscription;
k. concluded by means of a public auction;
l. for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the sales contract stipulates the date or period of service;
m. for the supply of digital content which is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the Sales Agreement and after the Seller has informed the Consumer of the loss of the right to withdraw from the Sales Agreement.


CHAPTER VIII - COMPLAINTS:

1.The Seller shall be liable for defects of the Goods in accordance with the principles of liability indicated in the provisions of the Civil Code Act of 24 April 1964 (i.e. Journal of Laws of 2014, item 121 as amended), in particular Articles 556 and 5561 - 5566 of the Civil Code.

2.In the case of finding defects in the Goods, the Ordering Party may submit a complaint directly to the Seller by sending it by e-mail to the e-mail address: kontakt@yakimasport.pl or in writing to the Seller's address;

3.The Ordering Party, sending the complained Goods to the Seller, is asked, in order to facilitate the processing of the complaint, to provide the following data: first and last name, exact address of residence, Order no., e-mail address and to describe in detail the defect in the Goods and the claim of the complainant. When lodging a complaint, the Ordering Party is also requested to attach a copy of the proof of sale (e.g. copy of the receipt or VAT invoice).

4.Complaints shall be considered within 14 days of lodging the relevant complaint, in accordance with the applicable regulations. The Ordering Party will be informed by the Seller about the manner of its consideration.

5.If the complaint is not accepted by the Seller, the Ordering Party may use the out-of-court ways of dealing with complaints and claims, e.g. the Ordering Party may request the intervention of a neutral party: Municipal Consumer Ombudsman, or the State Trade Inspection for mediation to end the Consumer's dispute with the Seller, or by enrolling in the Arbitration Consumer Court functioning at the State Trade Inspection. Detailed procedures for using the assistance of the Ombudsman, the Arbitration Court or the State Trade Inspection are available on the websites of these offices and on the website www.uokik.gov.pl under the tab "Settlement of Consumer Disputes".


CHAPTER IX - PERSONAL DATA:

1. The User, by placing an Order on the Online Store and/or registering an Ordering Account and/or subscribing to a newsletter and/or contacting the Seller by e-mail or telephone, provides the Seller with their personal data.

2.In the case of placing an Order without registering the Ordering Party's Account and/or contacting the Seller, the legal basis for processing personal data is the Seller's legitimate interest consisting in the performance of the Sales Agreement and/or undertaking activities aimed at concluding the Sales Agreement (contact with the User) and building positive relations with the Users of the Internet Shop. In the case of registering an Ordering Account and/or subscribing to a newsletter, the legal basis for the processing of personal data is the User's consent.

3User's personal data is used by the Seller only for the purpose for which it was provided by the User: for the purpose of contacting the User - for the period of contacting the User, and/or performance of the Sales Agreement - for the period of the Seller's liability under warranty, and/or registration of the Ordering Account - until the deletion of the Ordering Account, and/or e-mailing information of an advertising, commercial, marketing nature (newsletter) - until the time of unsubscribing from the newsletter.

4. The administrator of the personal data is the Seller. Providing personal data is voluntary, but necessary for the purposes of contacting the User and/or performing the Sales Agreement and/or sending the newsletter and/or registering the Orderer's Account. Personal data made available to the Seller shall not be transferred to third parties for any other purpose than that indicated in the Terms and Conditions, without prior separate consent of the User.

5. The Seller also informs that the User has, at any time, the right to data portability, the right to access the content of personal data and the possibility to correct them, to object to the processing of data, and the consent to data processing may be withdrawn by the User at any time.Thewithdrawal of consent does not affect the legality of the processing that was carried out on the basis of consent before its withdrawal.

6. The User also has the right to lodge a complaint regarding the processing of personal data to the President of the Office for Personal Data Protection.

7. the Seller hereby informs that he shall never ask for the User's e-mail address in the content of an e-mail or other personal data of the User, and shall not transfer, sell or lend the collected personal data of the Users to third parties, except with the express consent or at the request of the User, or at the request of legally authorised state authorities in connection with pending proceedings.

8.. the Seller shall process the personal data provided by the User of the Online Store in a manner consistent with the scope of the permission granted by the User and the requirements of the law, including the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016. on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation), in particular protects the personal data of Users, Orderers from being made available to unauthorised persons, from being lost or damaged.


CHAPTER X - OTHER PROVISIONS:

1. All personal and property copyrights to the elements of the Online Store are reserved. The Internet Shop itself and all its elements are protected by law, in particular by the Act of 4 February 1994 on copyright and related rights (Journal of Laws of 2000, No. 80, item. 904 as amended) and the Act of 16 April 1993 on Combating Unfair Competition (Journal of Laws 2003 No. 153, item 1503 as amended).
2. All trademarks used in the Internet Shop as well as the sign www.kraksport.pl itself are trademarks protected by law, in particular the Act of 30 June 2000. Industrial Property Law (Journal of Laws of 2003 No. 119, item 1117 as amended) and the Act of 16 April 1993 on Combating Unfair Competition (Journal of Laws of 20033 No. 153, item 1503 as amended).
3. In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the Civil Code (unified text: Journal of Laws of 2014, item 121 as amended), the Act on Providing Electronic Services (consolidated text, Journal of Laws of 2013, item 1422), and in relation to Consumers also the Act.
4. The Seller shall be entitled to amend these Terms and Conditions for important reasons (e.g. change in the law, change in the rules of operation of the Online Shop).In the case of amendments to these Terms and Conditions, the User will be notified at least 14 days in advance before the amendments come into force (relevant information about the changes to the Terms and Conditions will be placed on the website of the Online Store, and Users who have an Account of the Orderer created will receive information about the changes to the Terms and Conditions by e-mail). If the User does not accept the amended Terms and Conditions, he/she has the right to resign from using the Online Shop and terminate the Service Agreement. This does not exclude or limit the User's right to resign from using the Online Store at any time.
5. The content of these Terms and Conditions may be recorded by printing, saving to a medium or downloading at any time from the website of the Online Store.
6. The provisions of the Terms and Conditions should be interpreted in a manner that ensures their compliance with the applicable laws.

These Terms and Conditions are effective as of 25.05.2018




Attachment No. 1 - sample declaration of withdrawal from the contract.

This form should be completed and sent back only if you wish to withdraw from the Sales Agreement


....................................................
Name and surname of the consumer
....................................................
residential address
....................................................
contact phone
....................................................
e-mail
....................................................
order number and receipt/VAT invoice number






Declaration of withdrawal from the agreement concluded remotely


Acting in accordance with Article 27 of the Act of 31.05.2014 on consumer rights (Journal of Laws of 2014, item.827.), I hereby declare that I withdraw from the sales contract of the following goods ...........................................................................................................................................................................................................................................................................
The sales contract was concluded with Yakimasport on .................... year/collection of the Goods by me took place on .................................... year.i


......................................
Date andsignature of the consumer (only if the document will be sent to the seller in hard copy)

PRIVACY POLICY

The Privacy Policy defines the rules of collecting, processing and using the personal data collected from Users by the company moje442.pl s.c. Marcin Kurkowski, Paweł Kaszuba, 33 Gardenii Street, 04-649 Warsaw, NIP: 952-208-20-36, by means of the Internet Shop, operating at www.yakimasport.pl.

(1) This privacy policy of the Internet Shop is for information purposes only, which means that it does not constitute a source of obligation for the Service Recipients or Customers of the Internet Shop.
(2) The Administrator of the personal data collected via the Internet Shop shall be the company moje442.pl s.c. Marcin Kurkowski, Paweł Kaszuba seated in Warsaw (registered office address: ul. Gardenii 33, 04-649 Warsaw and mailing address: Wał Miedzeszyński 466/b1, 03-994 Warszawa) NIP: 9522082036; REGON: 142183074; e-mail address: kontakt@yakimasport.pl - hereinafter referred to as the "Administrator" and being at the same time the Service Provider of the Internet Shop and the Seller.
3. By placing an Order in the Internet Shop without registering an Orderer's Account and/or by registering an Orderer's Account and/or subscribing to a newsletter and/or contacting the Administrator by e-mail or telephone, the User provides the Administrator with his/her personal data.
4.In the case of placing an Order without registering an Ordering Account and/or contacting the Seller, the legal basis for the processing of personal data is the Seller's legitimate interest consisting in the performance of the Sales Agreement and/or undertaking activities aimed at concluding the Sales Agreement (contacting the User) and building positive relations with Users of the On-line Store. In the case of registering an Ordering Account and/or subscribing to a newsletter, the legal basis for the processing of personal data is the User's consent.
5.The personal data of the User shall be used by the Personal Data Administrator only for the purpose for which it was provided by the User: for the purposes of contacting the User, and/or performance of the Sales Agreement and/or registration of the Ordering Account and/or sending advertising, commercial and marketing information (newsletter) by e-mail.
6. Personal data shall be processed by the Personal Data Administrator accordingly: in the case of Ordering Account registration - for the duration of holding the Ordering Account, i.e. until the notification of deletion of the Ordering Account. In the case of Ordering Party Account registration - for the duration of holding the Ordering Party Account, i.e. until the User notifies the Administrator of the deletion of the Ordering Party Account, in the case of newsletter subscription - until the User revokes his consent, in the case of Ordering Party Account registration - until the expiry of the Administrator's liability under warranty, in the case of data provided in connection with contact - for the duration of contact with the User.
7.The provision of personal data is voluntary, but necessary for the purposes of contacting the User and/or performing the Sales Agreement and/or sending the newsletter and/or registering the Orderer's Account. The personal data provided to the Administrator shall not be transferred to third parties for any other purpose than that indicated in the regulations of the Online Shop, without the User's prior separate consent.
8. The Administrator also informs that the User has, at any time, the right to data portability, the right to access the content of personal data and the possibility to correct them, to object to the processing of data, and the consent to the processing of data may be withdrawn by the User at any time. The withdrawal of consent does not affect the lawfulness of the processing performed on the basis of consent before its withdrawal.
9. The User also has the right to lodge a complaint regarding the processing of personal data to the President of the Office for Personal Data Protection.
10The personal data administrator hereby informs that he/she will never ask for the User's e-mail address in the content of the e-mail or any other personal data of the User, and will not transfer, sell or lend the collected personal data of the Users to third parties, except with the User's express consent or at the User's request, or at the request of legally authorised state authorities in connection with ongoing proceedings.
11.. the Personal Data Administrator processes personal data provided by the User of the Online Store in a manner consistent with the scope of the permission granted by the User and the requirements of the law, including the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation), in particular secures the personal data of Users, Orderers against their access to unauthorised persons, loss, or damage.
12. The User of the Online Store has the possibility of placing an Order in the Online Store in two variants:
a) placing an Order without registering an Orderer's Account - the User orders the Goods in the Online Store as a guest, i.e. without creating an Orderer's Account, providing the following personal data: first and last name, delivery address, telephone, e-mail address. If the User wishes for a VAT invoice documenting the purchase of the Goods to be issued, he/she shall also provide data necessary for its issuance;
b) making an Order with registration of the Orderer's Account - the Orderer makes an Order of the Goods and registers by creating an Orderer's Account in the Internet Shop. When registering, the Ordering Party provides the following personal data: first and last name, delivery address telephone number, e-mail. In the event that the Orderer wishes for a VAT invoice documenting the purchase of the Goods to be issued, he shall also provide data necessary for its issuance.
13. The User may also, in addition, during the registration of the Orderer's Account, subscribe to the newsletter of the Online Store. It is also possible to subscribe to the newsletter by entering the e-mail address in the appropriate field made available by the Seller on the website of the Online Store.
14. The User subscribing to the Online Store's newsletter subscriber list shall receive, at the e-mail address provided by the User, message with information confirming that the e-mail address indicated by him/her has been added to the list of newsletter subscribers.
15. A registered Customer of the Online Store has the possibility of logging in via the website of the Online Store, verifying himself/herself on the website by entering his/her Login (e-mail address indicated during registration) and the Password individually established by him/her. It is recommended that the Password should consist of a combination of upper and lower case letters, as well as digits and special characters. The Orderer is obliged to duly protect the Password from access by unauthorised persons.
16. The Orderer is requested to immediately notify the Data Administrator of the use of his/her Account by unauthorised persons or of any other breach of security rules ascertained by the Orderer in relation to the use of the Online Store.
17. The Online Store website may use "cookies" (cookies), which are used to identify the browser when using the Online Store website, so that it is known which page to display. Cookies do not contain any personal data. When accessing the website of the Online Shop, certain information may be placed on your computer, which may take the form of a "cookie".
18. "Cookies" are small files consisting of a sequence of letters and characters, stored on your computer by a web server when you visit a given website. Cookie files are used by the Online Shop solely for the purpose of better adapting the Online Shop website to the individual preferences of the user. In addition, the "cookies" files used on the website of the Internet Shop may serve the following purposes:
a) ensuring proper operation of the website of the Internet Shop. The "cookies" files enable access to some parts of the website, e.g. those protected by the login system;
b) improve the efficiency and optimisation of the operation of the website of the Internet Shop. Cookies make it possible to read information on how users navigate the website and thus help to improve it;
c) improve the functionality of the website of the Online Store. Cookies make it possible to remember information provided by the User, e.g. login;
d) targeting informative and promotional content. Cookies" have the purpose of automatically adapting the content of the website of the Internet Shop to the needs of the User.
19. Information collected and generated by "cookies" on the website of the Internet Shop do not allow for the personalisation and identification of the User. As a result of their use, no personal data of the User of the website of the Internet Store is stored.
20. "Cookies" files used on the website of the Internet Store are safe and do not have a harmful effect on the User's computer. The user can change the browser's use of "cookies", including blocking or deleting those from the Online Shop website. In most web browsers, you can delete, erase cookies from your computer's hard drive, block all cookies sent to you or set a warning before storing such cookies on your drive. To do this, please consult the manual or help topics of the Internet browser you are using. The process of control and deletion of cookies may vary depending on the browser used.
21. The website of the Internet Shop also contains links to other websites not administered by the Personal Data Controller, so the Personal Data Controller cannot be held responsible either for the content of those websites or for the degree of privacy protection implemented by the administrators of those websites. The Personal Data Controller also informs you that this Policy applies only to the Online Shop and that, when you go to other websites, it is recommended that the User reads the relevant website's privacy policy before providing his/her personal data there. If the User decides to access and visit such sites, he/she does so at his/her own risk.
22. The data controller is entitled to amend this Policy for important reasons (e.g. changes in the law). In the event of amendments being made, the User shall be notified at least 14 days in advance of the date on which the amendments become effective (the relevant information about the amendments to the Policy shall be posted on the website of the Online Shop, and Users who have an Ordering Account created shall receive information about the amendments to the Policy by e-mail). If the User does not accept the amended Policy, he/she has the right to terminate the Policy and thus refuse to further leave his/her data indicated during registration on the website of the Online Store.
23. Termination of this Policy is tantamount to refusal to further leave his/her personal data indicated during registration on the website of the Online Store, and involves the Administrator of personal data with the obligation to delete personal data of such User.
24.The amendment of the Policy, insofar as its provisions apply to Sales Contracts, shall not change the content of Sales Contracts concluded before the amendment of the Policy.
25. The User, the Ordering Party is requested to immediately notify the Personal Data Administrator about any infringement of security rules that he/she detects related to the use of the Internet Shop. In the event of any questions, comments, requests or suggestions regarding this Policy, the User of the Online Store is also requested to contact the Personal Data Administrator. All contact details to the Personal Data Administrator are indicated in the CONTACT section of the Online Shop.