General Terms and Conditions

Shop regulations in force from 01.01.2020

1. General Information
2. Registration and ordering conditions
3. Payment policy
4. Delivery
5. Right of withdrawal
6. Protection of personal data
7. Service
8. Provision of electronic services
9. Complaint and return of goods
10. Promotion of products for 1 penny
11. Final provision

I. General information

The following regulations govern the rules for making Orders on the OwlEye Online Trading Platform of the Start-Sport Foundation: https://owleye.pl

Whenever the Rules of Procedure mention:

Sellers – this means the Start-Sport Foundation based in Zielona Góra at ul. Butcher 11D/4, entered in the register of associations of the National Court Register by the District Court in Zielona Góra, VIII Commercial Division of the National Court Register under the number KRS 0000438270, TAX ID 929-18-49-471, REGON 081088279.

Buyer – this means a natural person (with at least limited legal capacity and over 18 years of age), as well as a legal person or organizational unit without legal personality, legal capacity and legal capacity.

Trading Platform – this means the Online Trading Platform operated by the Seller at the internet address https://owleye.pl

Goods – this means the goods offered by the Seller for retail sale on the Trading Platform.

Net price – this means the price not including VAT expressed in PLN, which does not take into account the cost of delivery of the Goods.

Gross price – this means the price containing VAT expressed in PLN, which does not take into account the cost of delivery of the Goods.

Suppliers – this should be understood as stated in the Courier Company Regulations cooperating with the Seller.

The costs of delivery of the Goods – this means the fees for the delivery of the Goods to the Buyer. These amounts are shown on the Store's website when the Buyer places an order for the Goods.

Order – this means a set of Goods specified for execution by the Buyer in electronic form, in accordance with these regulations.

Ii. Registration and ordering conditions

1. Internet access, an active e-mail account and a contact telephone number are required to use the services https://owleye.pl by the Buyer.

2. By registering an Account, the User declares that:

1. read the Terms and Conditions and accepted its content in its entirety,
2. meets the conditions required to use the Trading Platform set out in the Regulations.

3. The User is obliged to keep secret the password to access the Account. The user is obliged to take the utmost care to prevent the loss of the access password or the entry into its possession by third parties (regardless of how). You are solely responsible for sharing your login and password with third parties.

4. You may delete your Account at any time. Deleting the Account permanently and irretrievably deletes any User data from the system. The Customer may send statements of termination of the contract for the provision of services by electronic means to the e-mail address: maciej.rybicki@start-sport.pl . Termination of the contract for the provision of electronic services has no effect on the concluded sales contracts, unless the store and the customer agree otherwise.

5. Placing an Order and making purchases is connected with the correct completion of the registration form (in particular, providing the personal data required in the form, contact number, e-mail address – later used as a login – and establishing the password), consenting by the Buyer to the conclusion of the sales agreement and reading the rules of the OwlEye Trading Platform of the Start-Sport Foundation.

1. Registration is done once. Subsequent Orders are made by entering your login (e-mail) and password.
2. Your password and login are confidential.

6. The Buyer places an Order on the Website of the Trading Platform. The Seller sends the Buyer via e-mail a link to confirm the Order.

7. The Seller reserves the right to additionally verify the Buyer's data, e.g. by telephone contact.

8. The sales agreement is concluded at the moment of confirmation of acceptance for the execution of the Order by the Seller by sending the Buyer an e-mail with the Order number.

9. The Seller has the right to refuse to execute orders:

1. submitted on an incorrectly completed form,
2. after an unsuccessful attempt to confirm the Order,
3. submitted in violation of these terms and conditions.

10. Ordering on the Trading Platform is possible 24 hours a day, all days of the year, while their execution takes place on working days (Monday to Friday from 8.00 to 17.00).

11. The Seller does not process orders on public holidays in accordance with the applicable regulations.

12. The gross price of the Goods is placed on the Website of the Trading Platform next to the information about the Goods.

13. The minimum value of the Order is PLN 35 (gross) not including the cost of delivery of the goods.

14. Direct contact of the Buyer with the Seller is possible via the form on the Bjotopja Trading Platform website or by phone to the telephone number provided in the received e-mail after placing the Order.

15. The sales document is a VAT invoice.

16. The Seller delivers the Goods to the Buyer together with the sales document in the form of a VAT invoice.

17. In the absence of the Ordered Goods, the Seller will inform the Buyer before the order is processed, and the Buyer has the right to cancel the entire Order or to cancel the Goods.

18. The Buyer undertakes to collect the Goods and pay the Price indicated by the Seller together with the Costs of delivery of the Goods.

19. The terms of the sales agreement are defined by these terms and conditions, applicable laws and individual arrangements between the Seller and the Buyer.

20. The Seller is responsible for defects of the Goods, the regulation of this liability is contained in the provisions of the Civil Code, in particular In Art. Article 556 and Article 556 shall apply mutatis mutan 5561-5563KC.

21. The price quoted for each item is binding at the time of placing the order by the Buyer.

22. The Trading Platform reserves the right to change the prices of goods included in the offer of the Trading Platform, introduce new goods into the offer of the Trading Platform, carry out and cancel promotional actions on the pages of the Trading Platform or make changes there to them. This entitlement shall not affect the prices of goods in orders placed before the effective date of the price change, promotional or sale conditions.

23. The costs of sending the replaced product to the Start-Sport Foundation and the cost of re-shipping the product to the Buyer shall be borne by the Buyer. Seller does not accept cash on delivery shipments.

Iii. Payment policy

1. Current and available payment methods on the Trading Platform are specified on the website of the Trading Platform. Possible payment methods include:

Payment by traditional transfer to the Seller's bank account.

Iv. Delivery

1. The Seller ensures the delivery of goods only in the territory of the Republic of Poland.

2. The seller executes the first and subsequent orders if their minimum value is PLN 35.00 without taking into account the cost of delivery of the goods.

3. Delivery takes place through the Courier Company….

4. The Methods, Costs and Delivery Area of the Goods are indicated on the Website of the Trading Platform when placing the Order.

With the order value from PLN 50.00, the cost of transport is: 12 pln – Paczkomat InPost, 15pln Courier service, personal collection at the start-sport foundation's headquarters: free of charge.

5. In the absence of the Buyer at the address indicated in the Order, the Supplier will contact to arrange the date of re-delivery. In case of re-ineffective delivery due to the Buyer's fault, he may be charged for unsuccessful deliveries.

6. When delivering the Goods, the Buyer is asked to check, in the presence of the Supplier, whether the shipment does not have damage resulting from transport, whether it is intact, whether it is in accordance with the Order and confirmation of the Supplier's receipt of the Order.

7. In case of damage to the shipment, incompleteness or non-conformity of the shipment with the Order, the Buyer is asked not to accept the shipment and immediately report this fact to the delivering Goods in order to draw up a return protocol by the Supplier.

8. The supplier does not have more than 100 PLN with him in order to spend any rest.

9. In the event of a delay of the Seller, the Buyer may set an additional period for the issue of the item, and after its ineffective expiry may withdraw from the contract.

V. Right of withdrawal

1. In accordance with art. 27 of the Act of 30 May 2014. about the rights of the consumer, the Buyer who is a consumer has the right to withdraw from the contract within 14 days from the date of receipt of the Goods. In order to comply with this deadline, it is sufficient to inform us of your decision to withdraw from the contract of sale by e-mail to the following address: maciej.rybicki@start-sport.pl before its expiry.

2. In the event of withdrawal from the contract on the basis of the principle indicated in paragraph 1, the competent authorities of the Member State of destination shall inform the competent authorities of the Member State in which the contract is to 1 above, the contract of sale of the Goods shall be deemed not to have been concluded. In case of exercising the right of withdrawal, the Goods should be returned to the Seller in accordance with the law within 14 days of the declaration of withdrawal from the contract of sale of the Goods.

3. The Seller shall immediately send the Buyer a confirmation of receipt of the declaration of intent to withdraw from the sales contract, to the e-mail address indicated by the consumer.

4. In case of withdrawal from the contract of sale of the Goods, the Buyer may return the Goods by sending it to the following address of the Start-Sport Foundation with its registered office in Zielona Góra 65-119 at ul. Butcher 11D/4. The returned Goods must be accompanied by proof of purchase.

5. The direct costs of returning the Goods shall be borne by the Buyer. The Seller shall bear the costs of returning the Goods only if the Seller has given his prior consent to bear the said costs.

6. The Goods returned by the Buyer should be wrapped in an appropriate manner, ensuring that there is no damage during transport. The Buyer is responsible for any decrease in the value of the Goods resulting from the use of the Goods in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods. In this case, the Seller may return to the Buyer the amount of the value of the Goods, but reduced by the amount corresponding to the reduction in the value of the Goods.

7. The Seller shall promptly, but no later than within 14 days of receiving from the Buyer a declaration of withdrawal from the contract, return to the Buyer all payments made by him for the Goods covered by the declaration of withdrawal and the costs of delivery of these Goods, if incurred by the Buyer. The Seller may withhold the refund of the payment until the Goods have been received or until proof of their return has been provided to him, which may be the case earlier.

8. Returned Goods will be evaluated for lack of traces of use, possible damage, possible absence or damage to the original packaging, absence of any elements included in the product. In case of defects in the above elements, the Seller has the right to refuse to accept the returned Goods.

9.The refund will be made using the method of payment used by the Buyer, unless the Buyer has expressly agreed to another method of return, which does not entail any costs for him.

10. In accordance with art. 38 Paragraph. 1 of the Act of 30 May 2014. consumer rights, the Buyer does not have the right to withdraw from the Agreement when purchasing the following products:

1. the subject matter of which is a matter which is rapidly deteriorating or has a short shelf life,
2. the subject-matter of which is a service, if the trader has performed the service in full with the express consent of the consumer, who was informed before the start of the service that, once the service has been performed by the trader, he will lose his right of withdrawal from the contract
3. which are the subject of the supply of goods which, by their nature, are inseparably linked to other things after delivery.

11. In the event that the Buyer exercises the right to withdraw from the contract of sale of the Goods after requesting the start of the service by the Seller before the expiry of the withdrawal period, the Buyer will be obliged to pay for the services fulfilled until the withdrawal from the contract.

12. The right to withdraw from the contract does not exclude the Buyer's rights under the Seller's liability for defects in the Goods.

Vi. Protection of personal data

1. By registering on the Trading Platform, the Buyer agrees to the collection and processing by the Seller of personal data provided in the personal data form within the meaning of the Act of: 29.08.1997. on the protection of personal data (consolidated text OJ U. No 101 of 2002 Item. 926, as amended. zm.) and of 18.07.2002 on the provision of electronic services (Journal of Laws and Regulations). U. No. 144, item. 1204 of Mon. as amended). Personal data is used only for the purpose of concluding, executing or termination of the contract for the sale of Goods. The controller of personal data is the Seller.

2. The buyer has the right to access the content of the personal data provided and correct them, as well as to request the deletion of the data. Such request shall be made by the Buyer by e-mail to the following e-mail address: maciej.rybicki@start-sport.pl

3. The Buyer may agree to receive information of an advertising and commercial nature from the Seller, including by electronic means of communication. This is done by giving the Buyer consent to the processing of personal data for marketing purposes (receiving the newsletter, receiving information about discounts, promotions, etc.)

Vii. Service

1. In order to use the Service it is necessary to:

1. broadband internet connection,
2. Web browser (Internet Explorer 8 and later, Google Chrome 15 and later, Mozilla Firefox 7 and later, Opera 11 and later) supporting CSS and JavaScript,
3. Cookies enabled
4. Pop-up enabled
5. Microsoft Windows XP, 7 or Vista operating system and later,
6. active email account.

2. The Seller takes action on an ongoing basis to improve the functioning of the Quality of the Service, however, reserves that errors and technical problems may occur in the use of it. In the event of such a situation, the Buyer should report it to the Seller via e-mail maciej.rybicki@start-sport.pl. The Seller will immediately attempt to restore the proper functioning of the Service.

3. The Seller is not responsible for:

incompatibility of the Service with the Buyer's final hardware and software or with its connection to the public Internet; technical difficulties, including errors and failures in connecting to the Service, which lie with the Buyer. All content placed on the Website, including trademarks, photos, descriptions, applications are subject to legal protection. Any use of them in whole or in part constitutes a violation of the law.

Viii. Provision of electronic services

1. As part of the Commercial Platform, the Seller provides electronic services to Buyers. Services provided electronically for the purposes of these Terms and Conditions shall be understood in particular as:

• Making these Terms and Conditions available on the Trading Platform website,

• Enabling Buyers to place orders via the Trading Platform website,

• Enabling Buyers to register and maintain user accounts on the Marketplace,

• Enabling communication between the Seller and buyers via the Trading Platform website,

• Receiving newsletters, information about discounts or promotions by the Buyer via e-mail.

2. The contract for the provision of services by electronic means is concluded as soon as the Buyer views the website of the Trading Platform or upon registration of the Buyer in accordance with point II.

3. The services provided by electronic means are free of charge and are provided by the Seller only to the extent necessary for buyers to make purchases in the Store and use the Website of the Trading Platform.

4. The contract for the provision of electronic services is concluded for an indefinite period.

5. The Buyer has the right to terminate the contract for the provision of services electronically at any time by leaving the website of the Trading Platform and, in the case of Registered Buyers, by deleting the Buyer's account.

6. The use of the electronic services described in this paragraph may pose a risk to the Buyer as an Internet user. The risk associated with the use of electronically provided services consists in particular in the threat of infecting the Buyer's IT system with software aimed, for example, at the internet. spying on usage, stealing important data, causing inability to start the system, spam, deleting data, etc. In order to avoid the risks referred to above, the Buyer should stock up on an antivirus program and make systematic updates to this program.

7. The Seller informs that the IT system of the Trading Platform may use the so-called "cookies", i.e. small text files that are used to identify the user's browser for statistical purposes and sales analysis. Cookies are not used to collect personal data, they are harmless to your computer, software and data. Disabling the option of cookies is possible by changing the settings of the Buyer's web browser and does not cause the inability to use the services provided electronically.

Ix. Complaint and return of goods

1. In case of lack of goods or defectiveness of the delivered goods, the Buyer in order to start the complaint procedure should submit a complaint by letter to the address Start-Sport Zielona Góra Foundation 65-119, ul. Butcher 11D/4, or by e-mail to: maciej.rybicki@start-sport.pl

2. When submitting a complaint, the Buyer should provide his contact details (name, address, e-mail address and telephone number), the name of the advertised Goods, the date of receipt of the Goods and as detailed a description of the problem identified and his request.

3. In the absence of any of the above- the Seller will contact the Buyer to complete the complaint.

4. If the complaint concerns the quality of the product, the Seller has the right to ask the Buyer to send the disputed product at the Seller's expense for the purpose of carrying out investigations.

5. The complaint will be considered within 14 days from the date of its submission by the Buyer. The Buyer will be informed by the seller by e-mail about how it will be dealt with.

X. Final order

1. In all matters not regulated by the above regulations, the provisions of the Civil Code and other laws apply, and in respect of consumers also the Consumer Rights Act of 30.05.2014. (OU No. 2014, item. 827). The provisions of the Regulations shall be interpreted in such a way as to ensure compliance with applicable laws.

2. The court competent to hear any disputes which may arise as a result of the implementation of these Regulations shall be the court competent for the consumer's place of residence. In the event that the Buyer is not a consumer, the competent court will be determined on the basis of the provisions of the Code of Civil Procedure for jurisdiction and local courts.

3. The Seller is entitled to make changes to the regulations with effect for the future. The changes shall not affect the Buyer's rights under orders placed prior to the changes.

4. If you have any questions, concerns, opinions or comments, please contact us by e-mail: maciej.rybicki@start-sport.pl or by phone +48 603 288 922