Terms of service

The JSM FITNESS online shop, available at the Internet address www.jsmfitness.eu, is operated by JSM FITNESS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, entered in the National Court Register under number 0000857741, NIP 9452237840, REGON 386927290.
These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Shop and set out the rules for the use of the Online Shop and the principles and procedure for concluding distance sales agreements with the Customer through the Shop.
Consumer - a natural person concluding a contract with the Seller as part of the Shop, the subject of which is not directly related to his/her economic or professional activity
Vendor - a legal entity conducting business under the name JSM FITNESS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Customer - any entity making purchases through the Store.
Entrepreneur - a natural person, a legal person and an organisational unit
that is not a legal person, to which a separate act grants legal capacity, conducting a business on its own behalf, which uses the Shop.
Shop - the online shop operated by the Seller at the internet address www.jsmfitness.eu.
Distance contract - a contract concluded with a Customer within an organised distance contracting system (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or
more means of distance communication up to and including the conclusion of the contract.
Terms and Conditions - these rules and regulations of the Shop.
Order - the Customer's declaration of will submitted via the
Order Form
and aiming directly at concluding a Sales Agreement for a Product
or Products with the Seller.
Account - Customer's account in the Store, in which the data provided by the
Customer and information about orders placed by
him/her in the Store are stored.
Registration form - a form available in the Shop for creating
an Account.
Order Form - an interactive form available in the Store which allows
the Orderer to
place an Order, in particular by adding Products to the Basket and
specifying the terms of the Sales Agreement, including the method of delivery and payment.
Basket - an element of the Shop's software in which the
Products selected by the
Customer for purchase are visible, as well as the
possibility of determining and modifying the
Order
details,
in particular the quantity of the products.
Product - a movable item/service available in the Store which is the subject of a
Sales Contract
between the Customer and the Seller.
Sales Agreement - an agreement for the sale of a Product concluded or entered into between the
Customer and the Seller via the Online Shop. The Sales
Agreement is
also understood - according to the characteristics of the Product - as a contract for the provision of
services and a contract for specific work.
Seller's address: JSM FITNESS SP. Z O.O., ul. Mackiewicza 17A, 31-214 Kraków
Seller's e-mail address: shop@jsmfitness.eu
Seller's bank account number 72 1870 1045 2078 1068 1047 0001.
The Customer may communicate with the Seller using the addresses and
telephone numbers
given in the above paragraphs.
In order to process orders, we collect and process the following data: first and last name, email address, telephone number, home address and, in the case of company purchases, also the VAT number and company name. The data is necessary to complete the dispatch of the order and to contact the customer.
The address data is forwarded to InPost, DPD, UPS or other delivery companies for the purpose of shipping. This is done via the API platforms provided by these companies.
The use and processing of my personal data for the purpose of order fulfilment is carried out in accordance with current data protection legislation and the RODO.
The controller of the customers' personal data, within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) of 27 April 2016. (Official Journal of the EU. L No. 119, p. 1), hereinafter referred to as the RODO, and the Act of 10 May 2018 on the protection of personal data (Dz.U.2018.1000), is the company JSM FITNESS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Kraków at ul. Bociana 6C/66, entered in the National Court Register under number 0000857741, NIP 9452237840 and REGON 386927290, e-mail address: shop@jsmfitness.eu, hereinafter referred to as the Administrator and which is also the Seller.
The Customer can communicate with the Seller by telephone on working days between 8:00 and 15:00.
Technical requirements
In order to use the Shop, including browsing the Shop's assortment and placing orders for Products, the following are necessary:
a. a final device with access to the Internet and a web browser such as
IE, Chrome, Mozilla, Opera,
b. active electronic mail (e-mail) account,
c. cookies enabled,,
To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the operation of the Shop caused by force majeure, unauthorised acts of third parties or
incompatibility of the Shop with the technical infrastructure of the Customer.
Browsing through the Shop's assortment does not require creating an Account. Placing orders by the Customer for Products in the Shop's assortment is possible either after creating an Account or by
providing the necessary personal and address data to allow the Order to be processed without creating an Account.
The prices in the Shop are given in Polish zloty and are gross prices
(including VAT).
The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal charges), of which the Customer is informed on the pages of the Shop during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Contract.
In the case of a Contract covering subscriptions or services for
an indefinite period, the final (definitive) price shall be the total price including all
payments for the billing period.
Where the nature of the subject matter of the Contract does not, reasonably, allow for the calculation of the final (definitive) price in advance, information on how the price will be calculated, as well as on transport,
delivery, postal and other charges
, shall be provided in the Shop in the Product description.
In order to set up an Account in the Shop, you need to fill in the Registration Form. It is necessary to
provide the following data: first name, surname, e-mail, address.
Creating an Account in the Shop is free of charge.
Logging into the Account is done by entering the login and password established in the
Registration Form.
The customer may
cancel the account at any time, without stating a reason and without incurring
any fees for doing so,
by sending a request to
the seller, in particular by e-mail or in writing.
In order to place an Order:
a. log in to the Shop (optional);
b. select the Product being the subject of the Order and then click the "Add to
basket"
button
(or equivalent);
c. log in or use the option of submitting the Order without registration;
d. if the option of submitting the Order without registration has been selected - fill in the Order Form
by entering the data of the recipient of the Order and the address to which the Product is to be delivered,
select the type of shipment (the method of delivery of the Product
), enter the data for the invoice, if different from the data of the recipient of the Order,
e. click the "Order and pay" button and
confirm the order by clicking on the link sent in the e-mail message,
f. choose one of the available payment methods and, depending on the payment method,
pay for the order within a specified period, subject to § 8 item 3.
The Customer may use the following methods of delivery or collection of the ordered
Product - the methods are specified on the "Shipping" page.
The customer can use the following payment methods:
a. Google Pay/Apple Pay
b. Cash on delivery
c. Online instalments
d. Electronic payment (Instant Transfer, BLIK)
e. Payment by payment card (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro).
The provider of the online electronic payment service is Stripe.
In the event that a refund is required for a transaction made by a customer with a payment card, the seller will make the refund to the bank account assigned to the customer's payment card.
Detailed information on delivery methods and acceptable payment methods can
be found behind the Shop pages.
The conclusion of the Sales Contract between the Customer and the Seller takes place after the
Customer has placed an Order using the Order Form on the
Online Shop.
After the Order is placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Customer an
appropriate e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller's statements about receipt of the Order and its acceptance for processing as well as confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the aforementioned e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
If the Customer chooses:
a. electronic payment or payment card payment, the Customer
is obliged to make the payment within 3 calendar days from the date of
concluding the Sales Agreement - otherwise the order will be cancelled.
b.
cash
on delivery, the Customer is obliged to make the payment on delivery
.
c. payment in cash upon personal collection of the parcel, the Customer is obliged to make the payment upon collection of the parcel
within 3 days from the date of receiving information that the parcel is
ready for collection.
If the Customer has chosen a method of delivery other than personal collection, the Product will be
dispatched by the Seller within the period indicated in its description, in the manner chosen by the Customer when placing the Order.
a. When ordering Products with different delivery dates, the delivery date
is the longest date given.
b. When ordering Products with different delivery dates, the Customer has
the option to request delivery of the Products in parts or to have all the Products delivered
when the entire order has been completed.
The start of the Product delivery period to the Customer is calculated as follows:
a. If the Customer chooses to pay by bank transfer or credit card, the order lead time is calculated from the date of crediting the Seller's bank account or settlement account.
b. If the Customer chooses to pay by cash on delivery - from the date of
concluding the Sales Agreement,
If the Customer chooses to collect the Product in person, the Product will be ready
for collection by the Customer on the date indicated in the Product description. The
Customer will additionally be informed by the Seller of the
readiness of the Product for
collection by sending an
appropriate e-mail to the
Customer's e-mail
address provided during the placement of the Order.
If Products are ordered with different readiness for collection dates,
the readiness for collection date is the longest date given.
version for shops delivering orders in full
after all parts of the order have been completed
In the event of an order of Products with different readiness for collection dates, the Customer
has the option to collect the Products in parts (according to their readiness for collection) or to collect
all the Products once the entire order has been completed.
The start of the deadline for the Product to be ready for collection by the Customer is calculated as
follows:
a. If the Customer chooses the method of payment by
bank
transfer,
electronic
payment
or payment card - from the date of crediting the Seller's bank account or settlement account.
b. If the Customer chooses the method of cash on delivery in person - from the
date of concluding the Sales Agreement.
Delivery of the Product takes place in Poland, the European Union or the United Kingdom.
The delivery of the Product to the Customer is chargeable, unless the Sales Contract states otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the web pages of the Online Shop under "Delivery Costs" and during the placement of the Order, including at the moment of expressing the Customer'
s will to be bound by the Sales Agreement.
Personal collection of the Product by the Customer is free of charge. It is possible by prior arrangement by e-mail or telephone.
The consumer may withdraw from the Sales Contract within 30 days without giving
any reason.
The period referred to in paragraph 1 shall start to run from the delivery of the Product
to the Consumer or to a person designated by the Consumer other than the carrier.
In the case of a Contract which involves multiple Products which are delivered
separately, in batches or in parts, the period referred to in paragraph 1 shall run from the delivery of
the last item, batch or part.
In the case of a Contract which consists of the regular delivery of Products over
a fixed period of time (subscription), the period indicated in paragraph 1 shall run from taking
possession of the first item.
The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the
Contract to the Seller. It
is sufficient for the
Consumer
to
send the declaration before the
deadline
for withdrawal from the Contract to be observed.
The declaration can be sent by courier, or
electronically by sending the declaration to the Seller's e-mail address or
by submitting the declaration on the Seller's website.
If the Consumer sends a statement by electronic means,
the Seller shall immediately send the Consumer an
acknowledgement of receipt of the statement of withdrawal to the e-mail address
provided by the Consumer.
Effects of withdrawal from the Contract:
a. In the event of withdrawal from a Contract concluded at a distance, the Contract shall be deemed
not to have been concluded.
b. In the event of withdrawal from the Contract, the Seller shall reimburse to the Consumer
immediately, no later than within 14 days from the date of receipt of the Consumer'
s
statement of withdrawal from the Contract
, all payments made by the Consumer, including the
costs of delivery of the item, except for the additional costs resulting from the
method of delivery chosen by the Consumer other than the cheapest ordinary
method of delivery offered by the Seller.
c. The Seller shall refund the payment using the same payment methods
that were used by the Consumer in the original transaction, unless the Consumer
has expressly agreed to a different solution that will not incur
any costs
for the Consumer.
d. The Seller may withhold reimbursement until it has received the
Product back or until it has been provided with proof of return, whichever
event occurs first.
e. The
Consumer should send the Product back to the Seller's address given in these
Terms and Conditions immediately, no later than 14 days from the day on which the Consumer informed the
Seller about the withdrawal from the Contract. The
deadline will be met if the Consumer
sends back the Product before the expiry of the 14-day period.
f. The Consumer
shall bear the direct costs of returning the Product, including the costs of returning the
Product if, due to its nature, the Product could not be
sent back by post in the
usual manner
.
g. The Consumer shall only be liable for any reduction in the value of the Product resulting from the
use of the Product in a manner other than that which was necessary to ascertain the nature,
characteristics and functioning of the Product.
Where, due to the nature of the Product, it cannot be sent back in the
usual way by post, information about this, as well as about the costs of returning the Product, will be
included in the description of the Product in the Shop.
The right of withdrawal from a distance contract does not apply to the Consumer in
relation to the Contract:
a. in which the subject matter of the performance is a non-refabricated item produced to
the Consumer's specification or serving to satisfy his
individual needs,
b. in which the subject matter of the performance is an item supplied in a sealed
package which cannot be returned
after
opening for
health protection or hygienic reasons, if the package has been opened
after delivery,
c. in which the subject matter of the performance is an item which is perishable or has a short shelf life, d. for the provision of services, if the Seller has fully performed the service with the express consent of the
Consumer, who has given his consent to the provision of the service.
in which the subject of the performance is a perishable item or an item that has a short shelf life,
d. for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who has been informed before the provision of the service by the Seller that after the Seller's performance he will lose the right to withdraw from the Agreement,
e. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the Agreement,
f. in which the
price or remuneration depends on the fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the Agreement.
in which the subject of the performance are items which after delivery, due to their nature, are inseparably connected with other items,
g. in which the subject of the performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, the delivery of which may only take place after the expiry of 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,
h. in which the subject of the performance are sound or visual recordings or computer programs supplied in sealed packaging if the packaging has been opened after delivery,
i. for the supply of newspapers, periodicals or magazines, except for the
subscription
agreement,
j
.
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 agreement and after the Seller has informed the Consumer of the loss of the right to withdraw from the Agreement,
The Sales Contract covers new Products.
The seller is obliged to provide the customer with an item free from
defects.
version for traders who will be held liable for product defects
In case of a defect in the goods purchased from the Seller, the Customer has the right to make
a complaint based on the warranty provisions of the Civil Code. If
the Customer is an Entrepreneur, the parties exclude liability under warranty.
The complaint must be made by e-mail to the
Seller's addresses given in these
Terms and Conditions.
It is advisable to include in the complaint, among other things, a brief description of the defect, the circumstances (including the
date) in which it occurred, the details of the customer making the complaint, and the customer's request in
connection with the defect in the goods.
The Seller shall respond to the complaint request immediately, no later
than within 14 days, and if the Seller
fails to do so within this period, the Seller shall be deemed to have
acknowledged the Customer's
request.
The Seller shall respond to the complaint request immediately, and if
the Customer is a Consumer - no later than within 14 days. If the Customer is a
Consumer and the Seller does not respond to the complaint request within 14
days, it is deemed that the Customer's request is justified.
Goods sent back as part of the complaints procedure should be sent to the address
given in point. 18 of these Regulations
If a guarantee has been granted for a Product, information about the guarantee, as well as
its content, will be included in the description of the Product in the Shop.

Out-of-court complaint and redress procedures
Detailed information about the possibility for the consumer to use
out-of-court complaint and redress procedures, as well as
rules of access to these procedures are available at the offices and websites of
district (city) consumer ombudsmen,
social
organisations
whose statutory tasks include consumer protection,
Voivodship Inspectorates of Trade Inspection and at the following
Internet
addresses of the
Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php;
http://www.uokik.gov.pl/sprawy_indywidualne.php and
http://www.uokik.gov.pl/wazne_adresy.php.
The consumer has the following examples of
out-of-court complaint and redress procedures:
a. The Consumer is entitled to apply
to the permanent amicable
consumer
court
referred to in Article 37 of the Act of 15 December 2000 on
Trade Inspection (Journal of Laws of 2014, item 148, as amended) to
resolve a dispute arising from the Agreement concluded with the Seller.
b. The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection
, pursuant to Article 36 of the Act of 15 December 2000 on Commercial Inspection
(Journal of Law
s
of 2014, item 148, as amended), with a request to initiate
mediation
proceedings for the
amicable settlement of a dispute between the Consumer and
the Seller.
c. The Consumer may obtain free assistance in resolving a dispute between
him and the Seller, using also the free assistance of a district (city)
consumer ombudsman or a social organisation whose statutory tasks
include consumer protection (e.g. Federation of Consumers, Association of
Polish Consumers).

Personal data in the Internet Shop
The administrator of the Customers' personal data collected via the
Online Shop
is the Seller.
Customers' personal data collected by the administrator via the
Online Shop
are collected for the purpose of fulfilling the Sales Agreement and, if the Customer
agrees, also for marketing purposes.
Recipients of personal data of the Internet Shop's Customers may be:
a. In case of a Customer who uses
postal or courier
delivery method in the Internet Shop
, the Administrator makes available collected personal data of the Customer to
a selected carrier or intermediary performing the delivery
on the order of the Administrator.
b. In case of a Customer who uses
electronic or credit card
payment method in the Internet Shop, the Administrator shall make available the collected personal data of the
Customer to a selected entity handling the above-mentioned payments in the
Internet Shop.
The customer has the right to access and correct the content of their data.
The provision of personal data is voluntary, although the failure to provide the
personal data indicated in the
Terms and Conditions necessary to conclude a Sales Agreement results in the
impossibility to conclude such an agreement.
Opinions in the web shop
The customer of the Online Shop has the possibility of voluntarily and free of charge issuing an opinion concerning purchases made in the Online Shop. The subject of the opinion may also be an assessment, a photo or a review of the product purchased in the Online Shop.
After making purchases in the Online Shop, the Seller sends an email to the Customer with a request for an opinion and a link to an online form for its submission - the online form makes it possible to answer the Seller's questions about the purchase, evaluate it, add a description of the opinion and a photo of the purchased product. If no feedback is provided after the first email is received, the Seller will resend the email once, seven days after the first email is sent.

A review can only be issued by a Customer who has made a purchase from the Seller's Online Shop.

The opinions submitted by the Customer are published by the Seller in the Online Shop and are available to all visitors of the Online Shop.

For issuing reviews, the Seller may grant the Customer who issued the review a one-time discount code for purchases in the Online Shop worth 5% to be used on all products in the Online Shop. The discount code is valid for 30 days. The discount code is sent to the Customer's email address provided during the purchase in the Online Shop immediately after the opinion has been issued.

The submission of an opinion may not be used by the Customer for illegal activities, in particular for activities that constitute an act of unfair competition against the Seller or activities that infringe personal rights, intellectual property rights or other rights of the Seller or third parties.

A review may only be issued for products actually purchased from the Seller's Online Shop. It is prohibited to enter into fictitious/apparent sales contracts in order to issue an opinion. Neither the Seller himself nor his employees, regardless of their employment basis, may be the author of an opinion.

A submitted review can be removed by its author at any time.
Final provisions
Contracts concluded through the Online Shop are concluded in the Polish language.
The Seller reserves the right to make changes to these Terms and Conditions for important
reasons, i.e.: changes to the law, changes to payment and delivery methods - to the extent
that these changes affect the implementation of the provisions of these Terms and Conditions.
The Seller shall inform the Customer
about each change at
least 7 days in advance.
Matters not covered by these Terms and Conditions shall be governed by
generally applicable provisions of Polish law, in particular: Civil Code;
Act on Providing Services by Electronic Means; Act on Consumer Rights, Act on
Personal Data Protection.
The customer has the right to make use of out-of-court complaint and redress procedures
.
For this purpose, he can submit a complaint via the EU
online ODR
platform
available at: http://ec.europa.eu/consumers/odr/ .

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Terms of service