SPORTANO.COM ONLINE STORE TERMS AND CONDITIONS

The Terms and Conditions lays down the basic principles of use of the Online Store, Electronic Services provided by the Seller as well as the principles of placement of Orders, making of Reservations as well as conclusion and performance of Sale Contracts, including delivery of Products. Their purpose is creation of clear, safe and fair relations between transaction participants. These Terms and Conditions are an important, basic and required element of every transaction in the Online Store. The Terms and Conditions contains, among other things, important information regarding the rights and obligations of the Customer and Seller.

The Terms and Conditions use a specific official language, reflecting the wording of the governing law. It is necessary to avoid unnecessary doubts as to interpretation of the provisions hereof. In case of any doubts or questions regarding the content of the Terms and Conditions, do not hesitate to contact the Customer Service Centre.

I. DEFINITIONS
II. GENERAL PROVISIONS
III. ELECTRONIC SERVICES
IV. CONCLUSION OF THE SALE CONTRACT
V. PRODUCT RESERVATION
VI. PRODUCT DELIVERY
VII. PAYMENT FOR THE PRODUCT
VIII. COMPLAINTS
IX. ALTERNATIVE COMPLAINT AND CLAIM RESOLUTION METHODS
X. RIGHT TO WITHDRAW FROM THE CONTRACT
XI. PROCESSING OF PERSONAL DATA
XII. LICENCE
XIII. PROVISIONS REGARDING ENTREPRENEURS
XIV. CHANGE OF TERMS AND CONDITIONS
XV. FINAL PROVISIONS

I. DEFINITIONS

The capitalised terms used herein shall have the following meaning:  
1) LAW - provisions of the commonly governing law effective on the day of conclusion of the Service Contract or Sale Contract, as amended within the terms of such contracts, as well as commonly governing law entering into force within the terms of such contracts;  
2) MOBILE APPLICATION - a mobile application that can be made available to the Customer by the Seller, intended for installation on the Customer’s mobile device and enabling, in particular, use of the Online Store and Electronic Services without the need to launch a web browser;  
3) CUSTOMER SERVICE CENTRE - the Seller’s Customer Service Centre through which information can be provided to the Customers, including but not limited to information regarding: Products, effective promotions and content of the Terms and Conditions. The Customer Service Centre can be contacted from Monday to Friday, from 8:00 AM to 6:00 PM, on the telephone number, to the e-mail address or via the chat specified in the tab “ Contact” on the website of the Online Store and via the contact form. Cost of the call to the Customer Service Centre - toll as for a standard call - according to the pricelist of the relevant operator;  
4) PRICE - gross amount (including tax) denominated in Polish zloty or any other currency, due to the Seller in consideration for the transfer of ownership of the Product to the Customer under the Sale Contract. The Price does not include delivery costs and costs of other services (e.g. Additional Services) selected by the Customer unless the terms of effective promotions applied by the Seller stipulate otherwise;  
5) BUSINESS DAY – one day from Monday to Friday, except for bank holidays;  
6) PASSWORD – a string of alphanumerical characters required for authorisation during access to the Account, specified by the Customer during Account creation. Account registration requires one-time input of a Password meeting the minimum requirements. The Customer is obliged to keep the Password confidential (not to disclose it to any third parties). The Seller provides the Customer with the option to change the Password multiple times. The Seller, at its sole discretion, can make the so-called forgotten password retrieval mechanism available to the Customer.  
7) CUSTOMER - an entity purchasing a Product via the Online Store, concluding a Sale Contract, making a Reservation or using an Electronic Service in compliance with the Terms and Conditions, who has a legal capacity in the scope allowing for effective execution of the given action in the Online Store. The Customer who is a natural person with a limited legal capacity is obliged to obtain the relevant consent of his/her statutory representative for conclusion of the Service Contract or Sale Contract and present such a consent upon the Seller’s request, it being understood that, in principle, the Service Contracts and Sale Contracts concluded via the Online Store are contracts concluded commonly in petty matters of everyday life. The Seller reserves that in justified cases conclusion of the Sale Contract via the Online Store will be possible only for persons who have attained the age of 18 and having full legal capacity;  
8) CIVIL CODE - the Civil Code of 23 April 1964 (consolidated text: Journal of Laws of 2020, item 1740, as amended);  
9) CONSUMER - a natural person executing with an entrepreneur an act in law not connected directly with his or her business or professional activity;  
10) ACCOUNT - an Electronic Service made available to the Customer in the Online Store, providing the Customer with option of use of additional functionalities. The Customer can access the Account using his/her Login and the related Password. The Customer can log into his/her Account after registration in the Online Store. The Account enables saving and retention of information on the Customer’s address for delivery of Products, tracking of the Order status, access to Order and Reservation history as well as other services made available to the Customer by the Seller;  
11) CART - an Electronic Service made available to the Customer in the Online Store, enabling, in particular, easy placement of an Order or making of a Reservation regarding the selected quantity of Products, presentation of the Price summary for specific Products and the total Price for all Products as well as the total value of the Order. To ensure high quality of services provided by the Seller, the Seller can introduce a limit for the Products or a limit for the total Price of the Products that can be added as part of a single Order or Reservation. If the set limit is exceeded, the Customer shall be notified of this fact by means of a message displayed in the Online Store;  
12) LOGIN - the Customer’s e-mail address specified in the Store when creating the Account;  
13) NEWSLETTER - an Electronic Service providing the Customer with the option to receive commercial information from the Seller, including but not limited to information on the Products, Online Store, Stationary Stores, including news and effective promotions, to the e-mail address or telephone number specified by the Customer, on the basis of the Customer’s express consent (the detailed principles of the Newsletter service are specified in separate terms and conditions);  
14) PRODUCT – a movable object available in the offer of the Online Store, being the subject of the Sale Contract between the Customer and Seller, in exchange for payment of the Price, or being the subject of the Reservation. All Products presented in the Online Store are brand new;  
15) PRODUCT WITH DIGITAL ELEMENTS - a Product containing a digital content or digital service or connected with them in such a manner that lack of the digital content or digital service makes its proper functioning impossible (e.g. a smartwatch); the digital content and digital service shall have the meaning assigned in the Act on Consumers’ Rights. 
16) ENTREPRENEUR - a Customer who is not a Consumer, who conclude a Sale Contract or a Service Contract or, potentially, any other contract with the Seller for a purpose connected directly or indirectly with the business or professional activity conducted by him/her;  
17) TERMS AND CONDITIONS / SERVICE CONTRACT - this document laying down the principles of functioning of the Online Store, including but not limited to the principles regarding creation of Accounts, placement of Orders, conclusion of Sale Contracts, making of Reservations and use of other services made available by the Seller via the Online Store and Mobile Application to the Customers. The Terms and Conditions specify the rights and obligations of the Customer and Seller. Within the scope of services provided by electronic means, these Terms and Conditions are the terms and conditions referred to in Article 8 of the Act on Electronic Services of 18 July 2002;  
18) RESERVATION - a service made available to the Customers via the Online Store by the Seller, consisting in providing them with the option to reserve selected Products to review, try and familiarise with them in the Stationary Store within its business hours and to potentially purchase them in the Stationary Store. The provisions of these Terms and Conditions regarding Reservation shall apply from the moment the Seller makes the Reservation service available in the functionalities of the Online Store and depending on its further availability. The Sale Contract regarding the reserved Product concluded in the Stationary Store is not a sale contract concluded remotely or outside the premises of the enterprise and, thus, the Consumer shall not have the right to withdrawal from the contract provided for in the Act on Consumers’ Rights on 30 May 2014;  (Booking service is not available on sportano.com)
19) ONLINE STORE - a platform operated by the Seller, enabling placement of Orders, making of Reservations by the Customer, conclusion of Sale Contract and provision of services by the Seller, available on www.sportano.com and via the Mobile Application;  
20) STATIONARY STORE - a stationary store run by the Seller. The list of available Stationary Stores is available at the stage of placing the Order or making the Reservation;  ( The services provided by the stationary shop are only available in the Republic of Poland.)
21) SELLER – SPORTANO.COM spółka z ograniczoną odpowiedzialnością with registered office in Zielona Góra (ul. Wrocławska 17B/15-16, 65-427 Zielona Góra), entered in the register of entrepreneurs kept by the District Court in Zielona Góra, Commercial Division VIII of the National Court Register (KRS) under number 0000896178, NIP (Tax Identification Number) 9731077223, REGON (Polish National Official Business Register) 388722422, BDO (Waste Database) 000550240, share capital PLN 23,628,550.00, website address: www.sportano.com, electronic mail address: [email protected], telephone number: +48 68 413 90 20 (toll as for a standard call - according to the pricelist of the relevant operator); 
22) CONTENT - a text, graphic or multimedia element (e.g. Product information, photo, description), including a work within the meaning of the Act on Copyright and Related Rights of 4 February 1994 (consolidated text: Journal of Laws of 2019, item 1231, as amended) and image of a natural person, published and disseminated in the Online Store or Mobile Application by the Seller;  
23) SALE CONTRACT - a sale contract within the meaning of the Civil Code, regarding sale of a Product by the Seller to the Customer in exchange for payment of the Price plus additional fees, including delivery costs and costs of Additional Services, if ordered (Additional Service Contract), the terms of which are provided for, in particular, in the Terms and Conditions. The Sale Contract is concluded between the Customer and Seller with use of means of electronic communication, upon acceptance of the Order by the Seller, according to the principles provided for in the Terms and Conditions. Making a Reservation is not equivalent to conclusion or obligation to conclude a Sale Contract;  
24) ADDITIONAL SERVICE - a paid additional service provided to the Customer by the Seller according to the principles provided for in the Terms and Conditions. The scope of available Additional Services may depend on the type of Products, place of delivery or method of delivery selected by the Customer;  
25) ELECTRONIC SERVICE - a service provided by electronic means, within the meaning of the Act on Electronic Services of 18 July 2002, by the Seller to the Customer via the Online Store or Mobile Application, in compliance with the Terms and Conditions. To the extent the services are provided by entities cooperating with the Seller, the relevant provisions regarding the principles of use of such services are provided for in the terms and conditions regarding the services provided by these entities;  
26) ACT ON CONSUMERS’ RIGHTS - the Act on Consumers’ Rights of 30 May 2014 (consolidated text: Journal of Laws of 2020, item 287, as amended). 
27) TECHNICAL REQUIREMENTS - minimum technical requirements meeting which is necessary to use the Online Store, including Electronic Services, to make Reservations and conclude the Sale Contract via the Online Store, i.e.: possession of a computer or another device connected to the Internet (in the case of the Mobile Application – a mobile device), with minimum broadband allowing for smooth website refreshing, with minimum screen resolution of 1280 x 720 pixels, with at least one of the following browsers installed: Chrome version 94 or newer, Internet Explorer version 11 or newer, Firefox version 93 or newer, Edge version 94 or newer, Safari version 14 or newer, Opera version 80 or newer, supporting Java Script, with cookies saving enabled. To use the Online Store, including Electronic Services, the Customer must have a valid / active e-mail address and a device enabling proper completion of electronic forms. To conclude the Sale Contract, the Customer must have an active e-mail address and, in certain cases, a keyboard or another device enabling proper completion of electronic forms; 
28) ORDER - a declaration of intent submitted by the Customer to the Seller, especially in an electronic form, specifying the selected Product or Products in relation to which the Customer submits the Sale Contract conclusion offer as well as containing the Customer’s data required to conclude and perform the Service Contract. As part of one Order, the Customer can submit several Product purchase offers. As partof the Order, the Customer can also submit the offer of conclusion of the contract in the scope of the selected Additional Service.

II. GENERAL PROVISIONS

1. The Terms and Conditions apply to both Customers who are Consumers and to Entrepreneurs.  
2. Acceptance of the Terms and Conditions is voluntary but necessary to create the Account and place Orders, conclude Sale Contracts, make Reservations and may prove necessary to use other Electronic Services provided by the Seller.  
3. The Customer can place the Orders or make the Reservations without creating an Account.  
4. The information presented in the Online Store and in the Newsletter are only an invitation to conclusion of the contract within the meaning of Article 71 of the Civil Code addressed by the Seller to the Customers and not an offer within the meaning of the Civil Code.  
5. Using Electronic Services as services provided by electronic means entails typical threats connected with transfer of data via the Internet, such as dissemination of the Customer’s data, acquiring access to them by unauthorised persons or their loss. The Seller and Customer shall take measures aiming at mitigation of these risks. In particular, the Seller applies the security measures referred to in the Terms and Conditions and the Customer is obliged not to make his/her Login and Password available to any unauthorised persons.  
6. Use of the Online Store, including but not limited to use of the Electronic Services, making of Reservations and conclusion of Sale Contracts, is possible if the end device and ICT system the Customer uses meets the Technical Requirements. In case of a potential non-conformity of Electronic Services with the Terms and Conditions, the Customer shall cooperate with the Seller to a reasonable extent for the purpose of determination if the non-conformity of Electronic Services with the Terms and Conditions results from the features of the Customer’s digital environment. In the case of non-conformity of Electronic Services with the Terms and Conditions, the Consumer is entitled to the remedies provided for by the commonly governing law. 
7. Use of the Online Store via a web browser or Mobile Application, including placement of Orders and making of Reservations may entail costs of connection with the Internet (fee for data transfer) according to the tariff package of the service provider whose services the Customer uses.  
8. The Seller can engage subcontractors to perform its specific obligations or to operate the Online Store on a current basis. The Seller shall make all effort so that it does not affect the scope and quality of the Electronic Services.  
9. The Seller can provide other additional services to the Customer according to the principles regulated in separate terms and conditions.

III. ELECTRONIC SERVICES

1. The Seller provides the following Electronic Services to the Customers via the Online Store free of charge:  

a) Account;  
b) retention and making the history of Orders and Reservations available to the Customer through the Account;  
c) allowing the Customers to make Reservations, place Orders and conclude Sale Contracts according to the principles provided for in the Terms and Conditions;  
d) Cart option;  
e) allowing the Customers to view the Contents of the Online Store; 
f) option to create a list of favourite Products;  
g) notification of Product availability; 
h) Newsletter;  
i) in the case of the Mobile Application: (i) presentation of current notifications directly on the screen of the mobile device, (ii) presentation of selected Products in the offer of the Online Store, (iii) adding favourite Products to the cache.  

2. The Service Contract is concluded upon fulfilment of the following conditions collectively: (i) effective completion and acceptance by the Customer (sending to the Seller) of the registration form for the purpose of Account creation, (ii) acceptance of the Terms and Conditions and (iii) confirmation by the Customer of conclusion of the Service Contract by clicking the activation link sent by the Seller to the e-mail address specified by the Customer during registration. The Account is provided free of charge for an indefinite period of time.  
3. The Seller can refuse to register the Account if the Customer breaches the provisions of subsection 6(a), (b), (c), (f), (g) below or the provisions of Clause V(10) of the Terms and Conditions.  
4. Use of the Cart starts the moment the Customer adds the first Product to the Cart. The Cart is a one-time service, provided free of charge and ends after the Customer places or discontinues the placement of the Order or makes or discontinues the making of the Reservation via it. Depending on the available functionalities, the Cart can save information on the Products selected by the Customer also after the browser session ends, but it does not ensure availability of the items of Products selected by the Customer that would enable placing the Order or making the Reservation at a later date.  
5. Commencement of provision of the Newsletter service requires the Customer’s consent to receipt of commercial information and acceptance of the terms and conditions regulating the Newsletter service by checking the relevant checkbox or clicking the relevant button as well as making the Customer’s e-mail address available in the relevant field on the Online Store website or in the Mobile Application and, subsequently, clicking the activation link sent to the specified e-mail address (time of commencement of provision of the Newsletter service). The Customer can also grant consent to receipt of the Newsletter via text messages by making its mobile phone number available, checking the relevant checkbox in the Internet Store, including in the Mobile Application, or clicking the relevant button.  
6. In particular, the Customer shall:  

a) provide only true, current and all required data in the Order or reservation form and in the Account, and in case of change of such data - update them immediately, including any personal data provided to the Seller by the Customer in connection with conclusion of the Sale Contract or use of Electronic Services;  
b) use the Electronic Services in a manner not disturbing the functioning of the Seller, Online Store or Mobile Application and to download the Mobile Application from legal sources only;  
c) use the Electronic Services in compliance with the Law, provisions of the Terms and Conditions as well as good customs and principles of community life adopted in this scope;  
d) keep the Login and Password confidential, including but not limited to not making them available to any unauthorised persons. The Seller accepts no liability, in particular, for any loss of data or access to the data saved in the Account resulting from the breach of the above obligation by the Customer;  
e) pay the Price and other costs agreed between the Customer and Seller on time and in full;  
f) not supply to or transfer through the Online Store or Mobile Application any content prohibited under the Law, including but not limited to any content infringing any proprietary copyrights of any third parties or their personal interests;  
g) not take any such actions as: (i) sending or publication in the Online Store or Mobile Application of any unsolicited commercial information or publication of any content in breach of the Law (prohibition to publish illegal content), (ii) taking any IT actions or any other actions aiming at acquisition of information not intended for the Customer, including data of other Customers or interference with the principles or technical aspects of functioning of the Online Store or Mobile Application, (iii) unauthorised modification of the Contents supplied by the Seller, including but not limited to the Prices or Product descriptions presented in the Online Store.  

7. The Seller can disable certain functionalities of the Online Store due to technical reasons temporarily, for a period not exceeding 48 hours, for the purpose of its improvement, addition of services or performance of maintenance works. The Seller shall make all effort to notify of any technical breaks by publication of the relevant announcement on the homepage of the Online Store.  
8. The Customer can terminate the Service Contract at any time. The notice of termination of the Service Contract can be submitted by the Customer, in particular, in writing to the following address: SPORTANO.COM Sp. z o.o. ul. Wrocławska 17B/15-16, 65-427 Zielona Góra, or by electronic mail to the following e-mail address: [email protected]. Termination of the Service Contract does not affect performance of already concluded Sale Contracts or any Reservations made.  
9. The Seller can terminate the Service Contract due to the following reasons:  

a) the method of use of the Electronic Services is in breach of the principles and purpose of functioning of the Online Store;  
b) the Customer’s activity is in breach of moral norms, incites violence or crime or infringes any rights of any third parties;  
c) the Customer breaches the provisions of Clause III(6) or Clause V(10) of the Terms and Conditions;  
d) occurrence of the cases referred to in Clause XIV(1) of the Terms and Conditions.  

10. The Seller’s notice of termination of the Service Contract shall be sent to the e-mail address specified by the Customer.  
11. The notice for termination of the Service Contract by each of the parties shall be 14 days. Termination of the Service Contract by any of the parties shall be result in deletion of the Account.  
12. The Seller can provide the Customer with the option to download the Mobile Application free of charge on the mobile device from online stores offering mobile applications (e.g. Apple App Store or Google Play).  
13. The Mobile Application connects with the Online Store via the Internet. If the Customer wishes to use the Mobile Application, he/she must complete the following steps:  

a) reading and accepting the terms and conditions of one of the stores referred to in subclause 12 above;  
b) downloading the Mobile Application from one of the stores referred to in subclause 12 above;  
c) installation of the Mobile Application on the mobile device.  

14. The Mobile Application may use technology retaining and obtaining access to the Customer’s identifier, enabling operation of the Mobile Application in the offline mode, and saving the preferences of an unlogged Customer (which may entail access to the memory of the mobile device). The Mobile Application retains the Customer’s identifier until he/she logs into the Mobile Application or uninstalls it from the mobile device.  
15. If the Customer wishes to use the functionalities of the Mobile Application referred to in Clause III(1)(i) above, it may be required for the Customer to grant a voluntary consent for access by the Mobile Application to certain functionalities of the mobile device, voluntary consent for receipt of push notifications or supply of information on the Customer’s preferences to the Seller. The Customer can withdraw the consents referred to above or uninstall (remove) the Mobile Application from his/her mobile device at any time.  
16. Complaints regarding Electronic Services can be lodged in writing to the following address: SPORTANO.COM Sp. z o.o. ul. Wrocławska 17B/15-16, 65-427 Zielona Góra, or by electronic mail to the following e-mail address: [email protected]. It is recommended to include a description of the cause of the complaint, Customer’s requests and contact details in the complaint - it will make processing the complaint easier and faster. The Seller shall process the complaint within 14 days from its submittal unless the Law stipulates otherwise.

ATTENTION: Booking service is not available on sportano.com

IV. CONCLUSION OF THE SALE CONTRACT

1. The Seller enables placement of the Orders by the Customers on the website of the Online Store or via the Mobile Application. As part of development of provided services, the Seller can introduce further methods of Order placement, with use of means of distance communication.  
2. The Seller can make Additional Services (e.g. bringing to the Order up to a higher building floor, Product installation, etc.) available to the Customers. Conclusion of the Additional Service Contract is possible only as part of placement of an Order for a Product via the Online Store (i.e. it is not possible to conclude an Additional Service Contract without conclusion of a Sale Contract via the Online Store). Detailed information on the Additional Services, including but not limited to their cost, scope and availability, is presented in the Online Store. The Additional Service Contract shall be considered performed when the Additional Service is completed.  
3. The main features of the service, taking into consideration the subject of the service and the method of communication with the Customer, are specified on the page of each Product.  
4. To place the Order in the Online Store, the Customer must complete the following steps:  

a) add the selected Products to the Cart and go to the Order form to complete detailed data;  
b) complete the Order form with the data required for conclusion and performance of the Sale Contract as well as any contract of Additional Services, if selected. Providing the correct Tax Identification Number (EU-VAT) is required at the stage of Order placement if the Customer wishes to receive the VAT invoice; otherwise, the Seller will be unable to issue the VAT invoice;  
c) select additional services, if available (e.g. Additional Services), payment method and delivery method;  
d) accept the Terms and Conditions by checking the relevant checkbox - at this stage, an Order summary will be presented to the Customer;  
e) submit the Order to the Seller by means of the relevant button;  
f) in the case of payment through a third-party payment service provider, the Customer may be redirected to its website to make the payment.  

5. In reply to the received Order, the Seller shall send an e-mail confirming its acceptance and commencement of verification to the Customer.  
6. Upon verification of the Order, the Seller shall send an e-mail to the Customer containing:  

a) confirmation of acceptance or one or more specific offers submitted as part of the Order, or  
b) information that all of the Customer’s offers cannot be accepted, including in the scope of the specified payment methods, delivery methods or Additional Services, due to important reasons, especially due to unavailability of the Product, failure to pay for the Order or breach of Clause III(6) of the Terms and Conditions by the Customer.  

7. The Sale Contract is concluded upon receipt by the Customer of the Seller’s message referred to in subsection 6(a) above in the scope of the Products specified therein. This subsection applies to the Additional Service Contract accordingly if the Customer decides to order it in connection with the Order for the selected Product.  
8. The total value of the Order includes the Price, delivery cost and, potentially, additional costs, e.g. in case of use of Additional Services. The Customer is notified of the total value of the Order during its placement, at the time the Customer expresses the intention to be bound by a Sale Contract and an Additional Service Contract if the Customer decides to order it in connection with the order for the selected Product.  
9. The promotions effective in the Online Store cannot be combined unless the terms of the currently effective promotions stipulate otherwise.

V. PRODUCT RESERVATION (Booking service is not available on sportano.com)

1. The possibility of use of the Reservation service depends on availability of the Reservation service in the functionalities of the Online Store. Availability of Reservation may also depend on the region / address specified by the Customer in the reservation form or availability of the Reservation service for the given Product / category of Products. Making several Reservations to at least one of which the above limitation applies at the same time may affect availability of the Reservation service for other Products.  
2. Making a Reservation is not equivalent to conclusion of a Sale Contract and does not oblige to conclusion of a sale contract regarding the Product reserved in the Stationary Store. The Customer shall not be charged with any fees for the Reservation service.  
3. The Sale Contract regarding the reserved Product is concluded with the Seller in the Stationary Store and is not a sale contract concluded remotely or outside the premises of the enterprise, and the Consumer shall not have the right to withdrawal from the contract provided for in the Act on Consumers’ Rights.  
4. The Price of the Product specified in connection with the provided Reservation service is the price of the reserved Product in the Stationary Store for which the Customer can purchase the reserved Product in the specified Stationary Store. If the price of the reserved Product in the Stationary Store is lower than the price displayed at the time of Reservation, the Customer can purchase the reserved Product in the Stationary Store at the lower price effective at the time of making the purchase in the Stationary Store.  
5. To make a Reservation, the Customer must:  

a) add the selected Products to the Cart and go to the Reservation form to complete detailed data;  
b) complete the Reservation form with the required data;  
c) accept the Terms and Conditions by checking the relevant checkbox - at this stage, a Reservation summary will be presented to the Customer;  
d) submit the Reservation to the Seller by means of the relevant button.  

6. In reply to the received Reservation, the Seller shall send an e-mail confirming its acceptance and commencement of verification to the Customer.  
7. Upon verification of the Reservation, the Seller shall send an e-mail to the Customer containing:  

a) confirmation of its acceptance, or  
b) information that the Reservation cannot be accepted in relation to certain or all Products the Reservation regards, due to important reasons, especially due to unavailability of the Product or breach of Clause III(6) of the Terms and Conditions by the Customer.  

8. The Reservation is made upon receipt by the Customer of the Seller’s message referred to in subsection 7(a) above. The Customer shall be notified of availability of the reserved Products in the Stationary Store via e-mail. The Reservation shall remain active (i.e. the Product shall wait in the Stationary Store) for the period specified in the e-mail notifying of availability of the reserved Products in the Stationary Store. The Reservation activity period runs from receipt of the e-mail referred to in the previous sentence. The Reservation activity period shall be at least 3 days long. The Customer can familiarise with the reserved Product and purchase it only within the business hours of the selected Stationary Store.  
9. The reserved Products can be released for the purpose of review, trying or familiarisation with it or for the purpose of conclusion of the sale contract in the Stationary Store only to the Customer who made the Reservation. The Seller can ask the person making the Reservation to specify the Reservation number provided to him/her in the message sent to the e-mail address specified by the Customer when making the Reservation, and to specify the PIN code / present the QR code if such are provided for by the Seller.  
10. The Customer should not make the Reservation if he/she does not intend to review, try or familiarise with the given Product in the Stationary Store. The Customer can cancel the Reservation made without a cause. The Reservation can be cancelled until the reservation expiry date specified in subsection 8 above. The Reservation can be cancelled contacting the Customer Service Centre using the Account functionality (if made available). The option to cancel the Reservation shall not affect the right to withdraw from the contract concluded remotely according to the principles provided for in Chapter X of the Terms and Conditions.

VI. PRODUCT DELIVERY

1. Product delivery is available within the territory of the European Union.
2. The available Product delivery methods are presented to the Customer on the Online Store website and in the Mobile Application as well as at the time of Order placement by the Customer.  
3. The available delivery methods may depend on the selected payment method or Product and may change in case of placement of several Orders at the same time, especially due to the Products or Additional Services covered by them.  
4. Delivery of the Product to the Customer is made against payment and the value of the final fee may depend on the Product selected by the Customer. The Seller can set a minimum Order value threshold for which delivery of Products covered by the Sale Contract is free of charge at any time. The Seller can make certain delivery forms free of charge.  
5. The total time of delivery of the Product to the Customer (delivery date) includes the time of preparation of the Order for shipment by the Seller and the time of delivery of the Product by the carrier. The time of delivery runs from the day of (i) conclusion of the Sale Contract referred to in Clause IV(7) above (in the case of payment in the form of cash on delivery), or (ii) crediting of the Seller’ bank account or settlement account (in the case of payment by transfer, electronic payment or payment by payment card), but cannot exceed 14 Business Days unless the description of the given Product contains a different delivery time or a different delivery time is specified during Order placement. In the case of an Order regarding several Products with different delivery dates, the delivery date shall be the later date.  
6. The time of delivery of the Product by the carrier depends on the delivery method selected by the Customer and is presented on the website of the Online Store and in the Mobile Application.  
7. In the case of conclusion of the Sale Contract with personal pick-up in a Stationary Store, the Customer will be notified by e-mail of availability of the Product for collection in the Stationary Store selected by the Customer at the time of Order placement. The Products can be collected within the business hours of the Stationary Store within the time limit specified in the e-mail notifying of availability of the Products for collection at the Stationary Store. The time limit runs from receipt of the e-mail referred to in the previous sentence. The time limit shall be at least 3 days long. The Products shall be released to the Customer upon specification of the Order number and the PIN code / presentation of the QR code sent to the Customer to the e-mail address specified in the Order placement process. The Customer is obliged not to disclose the Order number and PIN code / QR code to any third parties.  
8. If the Customer fails to collect the Product from the Stationary Store selected at the time of Order placement within the time limit specified in subsection 7 above, the Sale Contract shall be terminated, of which the Customer shall be notified by e-mail sent to the e-mail address specified by the Customer at the time of Order placement. The Customer shall receive a refund of all payments made in connection with the Sale Contract terminated according to the terms of this subsection.

Attention! Services provided through the stationary shop are currently only available in the Republic of Poland.

VII. PAYMENT FOR THE PRODUCT

1. The Seller offers the Customer various methods of payment under the Sale Contract. The available payment methods are presented to the Customer on the Online Store website and in the Mobile Application as well as at the time of Order placement by the Customer.  
2. The available payment methods may depend on the delivery method or Product selected by the Customer. The available payment methods can also change if several Orders are placed at the same time. Electronic or card payment transactions are settled according to the Customer’s choice, through authorised third-party payment service providers.  
3. If the Seller does not receive the payment from the Customer who selected prepayment, the Seller can contact the Customer to remind him/her about the payment, including by sending an e-mail. If the Customer fails to make the payment within 3 business days from Order placement if payment by Traditional Transfer was selected or within 24 hours if prepayment was selected and, subsequently, with the specified additional time limit, the offer submitted by the Customer as part of the Order shall be rejected.  
4. If the Customer selects the cash on delivery option, he/she shall make the payment at the time of acceptance of the Product. Refusal to accept the Product shall be a condition terminating the Sale Contract.  
5. The Entrepreneur authorises the Seller to issue invoices without the recipient’s signature and grants consent to sending them, including making them available, in an electronic form.

VIII. COMPLAINTS

1. The basis and scope of the Seller’s liability towards the Consumer in the case of non-conformity of the Product with the Sale Contract are specified in Chapter 5a of the Act on the Consumers’ Right.  
2. The Products offered in the Online Store may be covered by the manufacturer’s warranty. In such a case, the detailed terms of the warranty and its period are specified in the warranty card issued by the guarantor and attached to the Product.  
3. The Seller is obliged to provide the Consumer with a Product conforming with the concluded Sale Contract.  
4. Complaints connected with a purchased Product can be lodged by the Consumer in writing to the following address: SPORTANO.COM Sp. z o.o. ul. Nowy Kisielin – Innowacyjna 15, 66-002 Zielona Góra or via electronic mail to the following e-mail address: [email protected]. It is usually preferable that the Product is delivered to the Seller along with the complaint to allow the Seller to verify it. The methods of delivery of the Product to the Seller free of charge in connection with the complaint are described in the tab “Complaints and warranty” of the Online Store. The Seller shall process the complaint within 14 days from its receipt. If the Seller does not reply in the above time limit, the complaint shall be deemed accepted.  
5. If the Product sold is not conformant with the Sale Contract, the Consumer can, subject to the principles provided for in the Act on Consumers’ Rights, demand its repair or replacement. It is, however, reserved that if bringing the Product to confirming with the Sale Contract in the manner selected by the Consumer (repair or replacement) is not possible or requires excessive costs, the Seller can: 

a) replace the Product even though the Consumer requests repair, or  
b) repair the Product even though the Consumer requests replacement, or  
c) if both repair and replacement are impossible or require excessive costs, the Seller can refuse to bring the goods to conformity with the Sale Contract - in case of refusal, the Consumer shall have the rights specified in subclause 7 below. 

The assessment whether the costs are excessive factors in all circumstances of the case, including but not limited to the significance of the non-conformity of the Product with the Sale Contract, value of a Product conformant with the Sale Contract as well as the inconvenience for the Consumer resulting from the change of the method of bringing or refusal to bring the Product to conformity with the Sale Contract.
6. Subject to the principles specified in the Act on Consumers’ Rights, the Consumer can submit a declaration regarding Price reduction or withdrawal from the Sale Contract if at least one of the following situations occurs: 

a) the Seller refuses to repair or replace the Product under subclause 5(c) above; 
b) the Seller fails to repair or replace the Product under subclause 6 above; 
c) the non-conformity of the Product with the Sale Contract persists despite the Seller’s attempts to bring the Product to conformity with the Sale Contract; 
d) the non-conformity of the Product with the Sale Contract is so significant that it justifies an immediate Price reduction or withdrawal from the Sale Contract; 
e) the Seller’s declaration or circumstances of the case clearly show that the Seller will not perform the repair or replacement within a reasonable time limit or without excessive inconvenience for the Consumer. 

The reduced Price must remain proportionate to the Price resulting from the Sale Contract as the value of the Product not conformant with the Sale Contract is proportionate to the value of a Product conformant with the Sale Contract.  
7. The Consumer cannot withdraw from the Sale Contract if the non-conformity of the Product with the Sale Contract is negligible. This does not affect the Consumer’s right to withdraw from the Sale Contract according to the principles of Chapter X of the Terms and Conditions. 
8. If the non-conformity with the Sale Contract regards only certain Products delivered by the Seller under the Sale Contract, the Consumer can withdraw from the Sale Contract only in relation to such Products, and can withdraw from other Products purchased by him/her along with the Products non-conformant with the Sale Contract if the Consumer cannot be reasonably expected to keep only the Products conformant with the Sale Contract. 
9. The Seller shall refund all amounts due to the Consumer as a result of exercise of the right to a Price reduction immediately, no later than within 14 days from the day of receipt of the Consumer’s declaration regarding the Price reduction. 
10. In the case of withdrawal from the Sale Contract, the Consumer shall return the goods immediate to the Seller at its expense. The Seller shall refund the Price to the Consumer immediately, no later than within 14 days from receipt of the Product or proof of shipping it back. The Seller shall make the refund of the Price using the same payment method as the Consumer did when making the original payment unless the Consumer grants an express consent for any other method of refund, without any additional costs for the Consumer. 
11. The Seller recommends that the Consumer includes the following in the complaint description: (i) information and circumstances regarding the subject of the complaint, including but not limited to the circumstances demonstrating the non-conformity of the Product with the Sale Contract; (ii) request for repair or replacement or, potentially, in the case of the circumstances specified in subsection 7 above, declaration regarding a Price reduction or withdrawal from the Sale Contract; and (iii) contact details of the person lodging the complaint - it will make processing the complaint by the Seller easier and faster. The requirements presented in the previous sentence are only a recommendation and do not affect the effectiveness of the complaints lodged ignoring the said recommendation.  
12. The Seller is liable for non-conformity of the Product with the Sale Contract if the non-conformity of the Product with the Sale Contract exists at the time of its delivery and is revealed within two years from delivery of the Product to the Consumer.  
13. In relation to Products with Digital Elements, the Seller is liable for non-conformity of the digital content or digital service supplied on a continuous basis with the Sale Contract which occurs or is revealed within the period when they are to be supplied under the Service Contract. This period cannot be shorter than two years from the day of delivery of the Product with Digital Elements. 
14. If the Consumer, no later than on the day of conclusion of the Sale Contract, expressly and separately accepts the lack of a specific feature of the Product, the Seller accepts no liability for non-conformity of the Product with the Sale Contract according to the principles specified in Article 43b(4) of the Act on Consumers’ Rights, i.e.: 

a) in the scope of suitability for the purposes for which the given type of Products is normally used, taking into consideration the applicable law, technical standards or good practice; 
b) in the scope of quantity and possession of features, including durability and safety (and in relation to Products with Digital Elements - functionality and compatibility as well), typical for the given type of Products, which the Consumer can reasonably expect taking into consideration the nature of the Product and the publicly submitted warranty of the Seller, subject to Article 43b(2)(2) of the Act on Consumers’ Rights; 
c) if it is of the same quality as the sample or design made available to the Consumer by the Seller prior to conclusion of the Sale Contract and corresponds to the description of such a sample or design; 
d) delivery of the Product with the packaging, accessories and instructions the delivery of which the Consumer can reasonably expect. 

15. In the case of Products with Digital Elements, if the Consumer fails to instal the supplied updates, including updates related to security measures, required for maintenance of conformity of such Products with the Sale Contract, within a reasonable time limit, the Seller accepts no liability for non-conformity of the Product with Digital Elements with the Sale Contract resulting exclusively from the failure to instal such updates if: 

a) the Consumer has been informed that installation of the update is required and about the consequences of failure to do so; 
b) the failure to install or improper installation of the update do not result from any errors in the installation instructions.

IX. ALTERNATIVE COMPLAINT AND CLAIM RESOLUTION METHODS

1. Using alternative complaint and claim resolution is optional. The provisions below are presented for information purposes only and the Seller is not obliged to apply alternative dispute resolution methods. The Sellers’s declaration of consent or refusal to participate in the alternative dispute resolution procedure will be submitted in writing or on another durable carrier if, as a result of a complaint lodged by a Consumer, the dispute is not resolved.  
2. The rules of alternative dispute resolution procedures and obligations of entrepreneurs in this scope are specified in separate applicable laws. Detailed information regarding the options of alternative complaint and claim resolution methods available to the Consumer and methods of accessing them can be found in the offices and on the websites of poviat (municipal) Consumer ombudsmen, social organisations whose statutory tasks include Consumer protection, Voivodship Inspectorates of Trade Inspection and, in particular, on the following website: UOKiK - Consumer protection - Help and advice for consumers.
3. The Consumer has the following exemplary alternative complaint and claim resolution options available to him or her:  

a) the Consumer can file a petition for resolution of a dispute arising from a concluded Sale Contract with a permanent consumer arbitration court referred to in Article 37 of the Act on Trade Inspection of 15 December 2000;  
b) the Consumer can file an application with the voivodship inspector of the Trade Inspectorate for initiation of a mediation procedure regarding alternative resolution of a dispute between the Consumer and Seller under Article 36 of the Act on Trade Inspection of 15 December 2000;  
c) the Consumer can also obtain gratuitous aid in resolution of a dispute between the Consumer and Seller, including gratuitous aid of the poviat (municipal) Consumer ombudsmen, social organisations whose statutory tasks include Consumer protection (including but not limited to Federacja Konsumentów (Consumer Federation));  
d) the Consumer can lodge a complaint via the ODR platform: https://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on the forms of alternative dispute resolution for disputes between entrepreneurs and Consumers.

X. RIGHT TO WITHDRAW FROM THE CONTRACT

1. A Consumer who concludes the contract remotely can withdraw from it without a cause or any costs other than provided for by the law within the limit of:  

a) 14 days from the day referred to in subsection 5 below (“Statutory Right to Withdrawal”);  
b) between the 15th and 30th day from the day referred to in subsection 5 below (“Contractual Right to Withdrawal”). 

2. To comply with the time limit, the Consumer must submit the notice of withdrawal to the Seller prior to its expiry. The Consumer can submit any unambiguous declaration in which he/she will inform about withdrawal from the Sale Contract / any other contract concluded with the Seller remotely. The notice of withdrawal from a contract concluded remotely can be submitted in writing to the following address: SPORTANO.COM Sp. z o.o. ul. Wrocławska 17B/15-16, 65-427 Zielona Góra, or via electronic mail to the following e-mail address: [email protected], or via the relevant functionality of the Online Store. In case of withdrawal from a contract concluded remotely, the contract is considered not concluded.  
3. If the Consumer selects the electronic form of withdrawal from the Sale Contract / any other contract concluded with the Seller remotely, the Seller shall send a confirmation of receipt of the notice of withdrawal from the contract concluded remotely to the Consumer.  
4. The Consumer can use the withdrawal form template forming Schedule No. 1 to the Terms and Conditions, but it is not mandatory. If possible, the Seller requests that the Order or account number be specified in the notice of withdrawal - it may accelerate the processing of the submitted notice of withdrawal.  
5. The time limit for withdrawal from the Sale Contract runs from the day the Consumer or a third party named by him/her, other than the carrier, comes into possession of the Product, and in the case of a Sale Contract which:  

a) covers multiple products delivered separately, in batches or in parts - from coming into possession of the last Product, batch or part, or  
b) provides for regular delivery of Products for a definite period of time - from coming into possession of the first Product.  

In the case of other contracts concluded remotely, the time limit runs from the day of conclusion of the given contract.  
6. The Seller shall refund all payments made by the Consumer, including costs of Product delivery (except for any additional costs resulting from the delivery method chosen by the Consumer if it is a method other than the cheapest regular delivery method available in the Online Store), immediately, no later than within 14 days from receipt of the Consumer’s notice withdrawal. If the Consumer chose a Product delivery method other than the cheapest regular delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the Consumer in excess of the cost of the cheapest regular delivery method.  
7. The Seller shall make the refund using the same payment method as the Consumer did when making the original payment unless the Consumer grants an express consent for any other method of refund, without any additional costs for the Consumer. Unless the Seller offers to collect the Product from the Consumer, it may withhold the refund of payments received from the Consumer until the Product is collected or the Consumer provides proof of shipping it back, whichever is earlier.  
8. The Consumer shall return the Product to the Seller or transfer it to the person authorised by the Seller to collect it immediately, no later than within 14 days from the day of withdrawal from the Sale Contract, unless the Seller proposes to collect the Product itself. The Consumer shall cover all direct costs of return of the Product due to withdrawal from the contract, i.e., in particular, the cost of packaging, securing and shipping the Product. To meet the time limit, the Product must be shipped back before expiry of the time limit. The Consumer shall return the Product to the following address: SPORTANO.COM Sp. z o.o. ul. Nowy Kisielin – Innowacyjna 15, 66-002 Zielona Góra.  
9. In the case of the Statutory Right to Withdrawal, the Consumer assumes exclusive liability for the depreciation of the Product resulting from using it in excess of what is necessary to determine the nature, properties and functioning of the Product. The Consumer has the Contractual Right to Withdrawal only in relation to Products free from any signs of use, complete and not damaged. The Consumer shall lose the Contractual Right to Withdrawal if he/she uses the Product in excess of what is required for determination of its nature, features and functioning.  
10. The Consumer is not entitled to withdraw from a contract concluded remotely in the case of the following contracts: (i) service contracts if the Seller performs in full the service for which the Consumer is obliged to pay the Price, based on the express consent of the Consumer who has been informed before commencement of the service that after the service is provided by the Seller, the Consumer loses the right to withdraw from the contract and subject to acknowledgement of this fact by the Consumer (e.g. performance of Additional Services selected by the Consumer); (ii) the subject of which is a non-prefabricated Product, manufactured according to the Consumer’s specifications or intended to satisfy his/her individualised needs; (iii) the subject of which is a rapidly deteriorating Product or a Product with a short shelf life; (iv) the subject of which is a Product delivered in a sealed packaging which cannot be returned after the packaging is opened due to protection of health or due to hygiene-related reasons if the packaging has been opened upon delivery; (v) the subject of which are Products which, due to their nature, become inseparably connected with other objects upon delivery; (vi) under which the Consumer expressly demands that the Seller arrives at his/her site to perform an urgent repair or maintenance; if the Seller provides additional services other than those the Consumer demanded or delivers Products other than spare parts required to carry out the repair or maintenance, the Consumer shall have the right to withdraw from the contract in relation to additional services or Products; (vii) the subject of which are audio or video recordings or software delivered in a sealed packaging if the packaging has been opened upon delivery; (viii) regarding delivery of digital content that is not delivered in a tangible carrier, in relation to which the Consumer is obliged to pay the price if the Seller commenced provision of the service based on the express and prior consent of the Consumer who has been informed in advance that after the service is provided by the Seller he/she loses the right to withdraw from the contract, subject to acknowledgement of the above by the Consumer and submittal of the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Act on Consumer’s Rights by the Seller to the Consumer. 
11. Effective withdrawal from the Additional Service Contract by the Consumer shall not result in withdrawal from the concluded Sale Contract. Effective withdrawal from the Contract Service by the Consumer shall result in expiry of the Additional Service Contract unless it has already been performed.

XI. PROCESSING OF PERSONAL DATA

1. The Seller is the controller of personal data of the Customers. The Seller applies appropriate technical and organisational measures ensuring protection of processed personal data.  
2. Providing personal data by the Customer is voluntary but necessary to place an Order, make a Reservation, conclude and perform the Sale Contract and to use the Electronic Services, especially in the form of the Account.  
3. For detailed information regarding protection of personal data of the Customer, see the Privacy and Cookies Policy.

XII. LICENCE

1. All and exclusive rights to the Content published in the Online Store by the Seller or its contractors, including but not limited to graphic elements, logos, names, software (including the Mobile Application) and the rights to databases are legally protected and are the property of the Seller or entities cooperating with the Seller. The Customer can use the Content free of charge and can use any Content published in compliance with the governing law and already disseminated by other Customers in the Online Store and Mobile Application, only and exclusively in the scope required for proper use of the Online Store and Mobile Application, with no limitations in terms of territory.  
2. Use of the Content (including the Mobile Application) in any scope other than specified in Clause XII of the Terms and Conditions is possible only on the basis of an express prior consent granted by the authorised entity in writing or otherwise being null and void.  
3. Publishing any content in the Online Store or Mobile Application, the Customer grants the Seller a non-exclusive, gratuitous licence for use, recording, modification, removal, supplementation, public performance, public display, reproduction and dissemination of such content, with no limitations in terms of territory. This right includes the right to grant sublicences in the scope reasonable due to performance of the Service Contract or Sale Contract as well as the right to exercise, by itself or through third parties, derivative rights in the scope of adaptation, adjustment, rework and translation of the work within the meaning of the Act on Copyright and Related Rights of 4 February 1994. To the extent the Customer is not authorised to grant the licences referred to in this subsection 2, the Customer undertakes to obtain such licences for the Seller.  
4. Upon installation of the Mobile Application on the Customer’s mobile device, the Seller grants the Customer a non-exclusive licence for use of the Mobile Application, including reproduction of the Mobile Application only and exclusively in connection with its download on the mobile device as well as installation and launch of the Mobile Application on the Customer’s mobile device. The Customer can install the Mobile Application on any number of the Customer’s mobile devices, it being understood that only one copy of the Mobile Application can be installed on any given mobile device.  
5. In particular, the Customer is not authorised to translate, adapt, modify the layout or make any other changes in the Online Store or Mobile Application, save for the situations provided for by the commonly governing law.

XIII. PROVISIONS REGARDING ENTREPRENEURS

1. The provisions of Chapter XIII of the Terms and Conditions apply to Entrepreneurs only and prevail over any other provisions of the Terms and Conditions.  
2. The Seller can withdraw from the Sale Contract, Reservation Contract or an Additional Service Contract concluded with the Entrepreneur within 14 days from the day of conclusion of the given contract. Withdrawal is also possible without a cause, and the Entrepreneur shall have no claims against the Seller on that basis.  
3. The Seller can limit the payment methods available for the Entrepreneurs, including requiring them to pay the Price in advance, in full or in part. This right is independent of the payment method selected by the Entrepreneur.  
4. The moment the Seller hands the Product over to the carrier, the benefits and burdens connected with the Product and the risk of accidental Product loss or damage are transferred to the Entrepreneur. The Seller accepts no liability for any loss, shortage or damage of the Product which occur between acceptance of the Product for carriage and its release to the Entrepreneur or for any delay in transport.   
5. The Seller’s liability under implied warranty for the Product towards Customers who are not Consumers is excluded. The Seller accepts no liability towards Customers who are not Consumers for any non-conformity of the Product with the Sale Contract referred to in Clause VIII of these Terms and Conditions. 
6. The Seller can terminate the Service Contract concluded with the Entrepreneur with immediate effect and without a cause by sending a notice of withdrawal to the Entrepreneur in any form.  
7. The Seller, its employees, authorised representatives and agents accept no liability towards the Entrepreneur, its subcontractors, employees, authorised representatives and/or agents for any damage, including loss of profits, including due to a prohibited act (unless the commonly governing law stipulates otherwise), unless the damage is inflicted intentionally by them.  
8. In any case of determination of the liability of the Seller, its employees, authorised representatives and/or agents, the liability towards an Entrepreneur, irrespective of its legal basis, is limited to the value of the Price paid and delivery costs under the last Sale Contract, not exceeding, however, the amount of PLN 5,000 - both for a single claim and for all claims collectively.  
9. The fact that the action or inaction from which the damage results was a failure to perform or to properly perform an obligation excludes the Entrepreneur’s claims for rectification of damage inflicted due to a prohibited act.  
10. All disputes between the Seller and Entrepreneur shall be resolved by the court of proper venue for the address of the Seller’s registered office.  
11. Under the commonly governing law, the Seller can change the provisions of the Terms and Conditions applying to Entrepreneurs at any time.  
12. The provisions of Clause XIII of the Terms and Conditions do not apply to Entrepreneurs who are natural persons conducting a business activity who conclude a contract with the Seller related directly to their business activity if the content of the contract shows that it does not have a professional nature for them resulting, in particular, from the object of the business activity (PKD - Polish Classification of Business Activity), as disclosed in the Central Registration and Information on Business, subject to subclause 5 above. The Entrepreneurs referred to in the previous sentence shall have, in particular, the right to withdraw from the contract according to the principles provided for a Consumer in Clause X of the Terms and Conditions.

XIV. CHANGE OF TERMS AND CONDITIONS

1. The Seller can change the Terms and Conditions (except for Clause XIII of the Terms and Conditions which applies to Entrepreneurs and can be changed at any time under the commonly governing law) in the case of occurrence of at least one of the important reasons listed below (a closed catalogue):  

a) change of the laws regulating sale of Products or provision of electronic services by the Seller affecting the mutual rights and duties provided for in the contract concluded between the Customer and Seller or change of interpretation of the above laws as a result of court judgements, decisions, recommendations or guidelines of competent offices or authorities;  
b) change of the method of provision of services exclusively due to technical or technological reasons (including but not limited to update of Technical Requirements specified in these Terms and Conditions);  
c) change of the scope or method of provision of services these Terms and Conditions apply to by introduction of new, modification or withdrawal by the Seller of existing functionalities or services covered by the Terms and Conditions;  
d) change of the scope or method of provision of services by the entities cooperating with the Seller by introduction of new, modification or withdrawal by such entities of existing functionalities or services, affecting the mutual rights and duties between the Customer and Seller.  

2. In case of any changes in the Terms and Conditions, the Seller shall make the consolidated text of the Terms and Conditions available by publication on the website of the Online Store and in the Mobile Application as well as via a message sent to the e-mail address specified by the Customer during conclusion of the Service Contract, which the Parties consider as a method of input of information on the change in the means of electronic communication that makes it possible for the Customer to familiarise with it.  
3. Any change of the Terms and Conditions shall enter into force 14 days after sending the information on the change. In the case of Customers who concluded a Service Contract, they can terminate the Service Contract within 14 days from the day they are notified of the change of the Terms and Conditions. Change of the Terms and Conditions shall not affect the Sale Contracts, Reservations or Additional Service Contracts concluded by the Customer with the Seller prior to the change of the Terms and Conditions.

XV. FINAL PROVISIONS

1. These Terms and Conditions enter into force on 2024.11.08
2. In all matters not governed by the Terms and Conditions, the provisions of the commonly governing Polish law shall apply.  
3. The choice of the Polish law hereunder does not affect the Consumer’s protection granted to him/her under laws that cannot be excluded under an agreement between the Seller and Consumer.  
4. The content of the Terms and Conditions is made available to the Customer free of charge in the Online Store and Mobile Application.  
5. The material provisions of the concluded Service Contract shall be recorded, secured and made available by means of a message sent by electronic mail to the e-mail address specified by the Customer.  
6. The material provisions of the concluded Service Contract shall be recorded, secured and made available by means of an e-mail sent to the Customer with confirmation of the placed Order, its verification and execution. The Seller shall make the proof of purchase or VAT invoice available to the Customer in an electronic form. The content of the Sale Contract, including its material provisions, is additional recorded and secured in the Seller’s IT system. This provision applies to the Additional Service Contracts selected by the Customer accordingly.  
7. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of Consumers they hold under the commonly governing law and, therefore, any doubts shall be resolved by the Seller in favour of the Consumer.

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Schedule No. 1 - Contract Withdrawal Form Template

CONTRACT WITHDRAWAL FORM TEMPLATE
(fill in this form and send it only if you want to withdraw from the contract)

Addressee:
SPORTANO.COM Sp. z o.o.
ul. Nowy Kisielin - Innowacyjna 15, 66-002, Zielona Góra
e-mail: [email protected]

I/We(*) hereby inform about withdrawal from the sale contract regarding the following goods(*)/supply contract regarding the following goods(*)/contract of specific task consisting in performance of the following goods(*)/service contract regarding provision of the following service(*)  

Date of contract conclusion(*)/receipt(*)
Name and surname of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s): (only if the form is sent in a paper form)

Date  
(*) Cross out as appropriate  

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Earlier versions of the document below.

Download Store Terms and Conditions valid until 2024-11-07