Terms and Conditions

TERMS AND CONDITIONS OF THE POSSISTORE.COM ONLINE STORE

1. Definitions

Terms used in the Regulations:
1. Buyer - (i) a natural person with full legal capacity, (ii) a natural person who is at least 13 years old and has limited legal capacity, if the sales contract concerns minor everyday life topics or when such a person has a positive consent of a statutory representative to conclude a sales contract, (iii) a legal person and (iv) an organizational unit without legal personality, which has the rights of legal persons granted by the law - which, on the terms set out in the purchase Regulations, purchases goods via the Online Store;
2. Consumer - a buyer who is a natural person, who makes legal transactions with the seller not directly related to his business or professional activity;
3. Account - a user account in the Online Store created by registration on the website of the Online Store, access to which the User obtains after logging in on the website of the Online Store;
4. Shopping Cart - a list of Goods selected by the user in the Online Store to place an Order;
5. Civil Code - the Act of 23 April 1964 - Civil Code (consolidated text of 16 May 2019, Journal of Laws of 2019, item 1145);
6. Regulations - these Regulations specifying: (i) the rules for concluding sales contract as well as the rights and obligations of the Buyer and the Seller, (ii) the terms and conditions of services provided by the Online Store. In the scope of services provided electronically, the Regulations are the regulations referred to in Art. 8 of the Act on the provision of services by electronic means;
7. Online Store (Store) - a website available at the website address: http://possistore.com, which is an ICT system within the meaning of art. 2 point 3 of the Act on the provision of services by electronic means;
8. Seller, Service Provider - Michał Zieliński who runs a business under the name of "Michał Zieliński Strefa Sprawności", ul. Jesionowa 5, 13-230 Lidzbark, entered into the Central Register and Information on Economic Activity, NIP: 5711641196, REGON 280830687;
9. Goods – products offered in the Online Store that may be the subject of the Sales Contract;
10. Contract for the provision of services by electronic means - an agreement the subject of which is the provision of a service by the electronic means between the User and Service Provider on the terms and in the scope of these Regulations;
11. Sales contract – The contract for the sale of Goods under the Civil Code, concluded using the website of the Online Store between the Buyer and the Seller under the conditions specified in these Regulations;
12. Service provided electronically – service provided on the basis of the Regulations by the Service Provider, electronically as part of the Online Store, i.e. service provision without the simultaneous presence of the parties (remotely), via data transfer on the individual request of the User, received and sent via devices for electronic processing, including digital compression, and data storage, which is entirely broadcast, received or transmitted via the telecommunications network as described in the Act of July 16, 2004 - Telecommunications Law (consolidated text of December 9, 2019, Journal .U. Of 2019, item 2460);
13. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (consolidated text of 28 January 2020, Journal of Laws of 2020, item 287);
14. Act on the provision of services by electronic means - the Act of 18 July 2002 on the provision of services by electronic means (consolidated text of 6 February 2020, Journal of Laws of 2020, item 344);
15. User - (i) a natural person with full legal capacity and (ii) a natural person who is 13 years of age and has limited legal capacity, if the sales contract concerns minor everyday life topics or when such a person has a positive agreement of a statutory representative to conclude a sales contract, (iii) a legal person and (iv) an organizational unit without legal personality, which has the rights of legal persons granted by the law - which, in the terms set out in the purchase Regulations, uses services provided electronically;
16. Order - the Buyer's declaration of intent, aimed directly at the conclusion of the Sales contract, specifying in particular the type and quantity of the Goods, the method of payment, the method of delivery of the Goods and the Buyer's data.

2. General provisions

These Regulations define the conditions for concluding Contracts for the sale of Goods and for the provision and use of Services provided electronically via the Online Store.
The online store operating at the website address: http://possistore.com, is run by the Seller, who is the administrator of the website used to run the Online Store.
Seller's address and contact details:

"Michał Zieliński Fitness Zone"

Jesionowa No. 5, 13-230 Lidzbark

NIP: 5711641196, REGON: 280830687

e-mail address: strefasprawnosci@gmail.com

phone number: (+48) 505-911-861

The activity of the Online Store is to sell the Goods, in particular T-shirts. Information about each Good, its material composition, size and appearance can be found on the subpage of the Online Store appropriate for each of the Goods offered.
The information presented in the Online Store constitutes an invitation to conclude a contract within the meaning of art. 71 of the Civil Code, addressed by the Seller to the Buyer, and not an offer within the meaning of the Civil Code.
The Service Provider provides Services by electronic means on the basis of these Regulations.
The Regulations are made available by the Service Provider free of charge on the website of the Online Store before the conclusion of the Agreement for the provision of electronic services, as well as at the request of the User in such a way that enables the acquisition, reproduction and recording of the content of the Regulations using the ICT system used by the User.
Before starting using the Online Store, the User is obliged to read these Regulations.
The User is obliged to comply with the provisions of these Regulations from the beginning of using the Online Store.
In accordance with applicable law, the Seller reserves the right to limit the provision of Services via the Online Store to people over 18 years of age. In this case, potential Buyers will be notified of the above. In addition, the Seller reserves the right to set an appropriate date to confirm the Sales contract concluded by a person under 18 years of age or with limited legal capacity, in accordance with the provisions of Art. 18 § 3 of the Civil Code.

3. Services provided electronically

The Service Provider provides the following Services provided electronically via the Online Store:
1. displaying the content of the Online Store,
2. changing the language version of the Online Store website,
3. registration of the User Account in the Online Store,
4. logging in to the Account by the User,
5. managing Account settings,
6. modifying the User's data provided during Account registration,
7. sorting the Goods according to selectable criteria,
8. adding Goods to the Shopping Cart,
9. placing an Order,
10. viewing the history of Orders,
11. adding opinions about the Goods,
12. contacting the Service Provider using the "Ask about a product" form,
The above Services provided electronically are made available in the Online Store free of charge.
The contract for the provision of electronic services is concluded between the Service Provider and the User when the Service Provider commences the provision of the Service provided electronically available in the Online Store, i.e.:
1. in case of a service consisting of displaying the content of the Online Store – at the moment of entering the website of the Online Store;
2. in case of services which require registration and/or logging in to the Account – after registering and/or logging in to the User Account in the Online Store;
3. in case of services provided at the request of the User – at the moment of clicking on the appropriate button on the website of the Online Store or at the moment of filling in and sending the appropriate form, opinion, comment, etc.
The contract for the provision of electronic services is terminated upon:
1. the User leaving the website of the Online Store, or
2. deletion of the Account, or
3. termination of the Agreement for the provision of services provided on electronic means.
Provision of Services by electronic means is indefinite. The User may at any time terminate the Agreement for the provision of electronic services with the Service Provider by terminating it. For this purpose, the User should send a statement containing the termination of the Agreement for the provision of electronic services by e-mail to the e-mail address: strefasprawnosci@gmail.com or shop@possistore.com. In this case, the Agreement for the provision of electronic services shall be terminated within 14 days from the date of submitting the notice of termination.

4. Terms of providing Services by electronic means

In order to use the Online Store correctly, it is necessary to have:
1. access to a computer station or other terminal device with a minimum screen resolution of 1200x800 pixels and with an installed operating system,
2. Internet access,
3. access to a web browser:

Internet Explorer version 9.0 or newer with JavaScript and cookies enabled or
Mozilla FireFox version 22.0 or newer with enabled JavaScript and cookies or

Google Chrome version 30 or newer with JavaScript and cookies enabled or

Safari 5 or newer with JavaScript and cookies enabled or
Opera 20 or newer with JavaScript and cookies enabled.
- The Online Store along with the Services provided by electronic means offered therein is available 7 days a week, 24 hours a day.
- The Service Provider reserves the right of:
  1. modification of the Online Store, in particular the scope and type of Services provided electronically and functionality,
  2. periodic technical breaks necessary for the modernization, maintenance and development of the Online Store. The Service Provider informs the Users about these breaks by posting an appropriate message on the website of the Online Store not later than 24 hours before the planned break. Users who have an Account in the Online Store may be additionally informed about the planned breaks via e-mail sent by the Service Provider not later than 24 hours before the planned break, to the e-mail address provided by the User during Account registration in Online Shop.
- In special cases affecting the security or stability of the Online Store, the Service Provider has the right to temporarily stop or limit the provision of Services provided by electronic means without prior notice to the Users.
- The Service Provider is not responsible for the unavailability of the Online Store due to force majeure.

5. Rules for using the Online Store

When using the Online Store, the User is obliged to comply with the law and the provisions of the Regulations, in particular the User is obliged to:
1. not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties;
2. use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices;
3. not to take actions such as sending or posting unsolicited commercial information (spam) within the Online Store;
4. use the Online Store in a way that is not inconvenient for other Users and for the Service Provider;
5. use any content of the Online Store only for personal purposes.
The Service Provider may deprive the User of the right to use the Online Store, and may limit their access to some or all of the Online Store's resources, with immediate effect, in case of breaking the Regulations by the User, in particular when the User:
1. during the registration of the Account in the Online Store, provided data that is untrue, inaccurate or out of date, misleading or violating the rights of third parties;
2. has infringed the personal rights of third parties via the Online Store, in particular the personal rights of other Users;
3. engages in other behaviors that will be considered by the Service Provider to be inconsistent with applicable law or harming the Service Provider's good name;
4. uses the Services provided by electronic means contrary to their intended purpose.
A user who has been deprived of the right to use the Online Store cannot re-register the Account without the prior consent of the Service Provider.
In order to ensure the security of the transmission of messages and data in connection with the services provided as part of the Online Store, the Service Provider takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons sent over the Internet.
The Service Provider reserves the right to immediately remove any content that violates the obligations and prohibitions arising from point 5.1. Of the Regulations.
If the Buyer sends an individual embroidery design that is to be placed on the prepared Good, the Seller reserves that the Orders will not be accepted, that would result in the production of the Good with embroidery containing illegal content.

6. User account in the Online Store

Account registration by the User is free and voluntary. Account registration is not necessary to place an Order and conclude a Sales contract, but it may be necessary to use other Services provided electronically (e.g. viewing the Order history).
The User may register an Account after correctly filling in the appropriate registration form on the website of the Online Store. As part of the Account registration, the User is obliged to: (i) provide an e-mail address, (ii) set a password to log in to the Account, (iii) accept these Regulations and the Privacy and Cookie Policy by selecting the appropriate selection box, (iv) submit the form registration by clicking the appropriate button, (v) activate the Account by clicking on the link (or copying it to the web browser window) sent to the e-mail address provided by the User in the registration form.
User login to the Account is possible only after Account registration. Logging in consists of completing and sending the login form available on the Online Store website.

7. Procedure for concluding a Sales contract

In order to conclude Sales contract via online shop one should enter the website http://possistore.com, select the Good/Goods, and take technical steps in the menu, displayed messages and information available on the Online Store website.
The selection of the Goods ordered by the buyer is assumed by adding them to the shopping cart.
The summary of the placed Order contains information on:
1. ordered Good/Goods;
2. the unit price and the total price of the ordered Goods or services, including delivery costs;
3. selected payment method;
4. selected method of delivery;
5. delivery costs and time;
6. total prices of the ordered Goods and delivery costs;
7. space for entering the Buyer's data.
In order to place an order, it is necessary to: (i) accept the Regulations and the Privacy and Cookies Policy by selecting the appropriate selection window, (ii) provide personal and address data marked as mandatory, and (iii) press: "Order with payment obligation".
Performing the activities referred to in the point above constitutes a declaration of will of concluding a Sales contract with the Seller agreeing on the terms in the Regulations.
When placing an Order and modifying the Goods placed in the Shopping Cart - until the button "Order with payment obligation" is pressed - the Buyer has the possibility to modify data introduced. To do this, one should follow the displayed messages and information available on the website of the Online Store.
The seller does not bear the responsibility of the consequences of incorrect data introduced by the Buyer when placing orders.
The Sales contract is treated as concluded when the Buyer's Order enters the IT system of the Online Store, provided that the Order complies with the Regulations and the payment process succeeded. If the Buyer chooses the method of payment by bank transfer or online payment - the Agreement is treated as concluded on the date of posting the money on the Seller's bank account.
After the conclusion of the Sales contract, the Buyer receives an e-mail to the e-mail address provided with confirmation of all essential elements of the order, such as: Buyer's data, delivery address, designation of the Goods and the total purchase price including delivery costs. In addition, e-mail contains information on the consumer right to withdraw from the Sales contract referred to in Chapter 10 of the Regulations, as well as a link to the Regulations of the Online Store.
The Buyer may access the Regulations at any time via the hyperlink on the home page of the Online Store, copy its content and print it. Consolidation, support, sharing and confirmation of the purchase of the Goods is carried out by sending it to the Customer’s e-mail address provided and attaching a printout, order details and VAT invoice to the package with the Goods.
The sale is concluded in Polish or English (in case of Buyers placing an order with the delivery of Goods outside the Polish boarders) with the content coherent with the Regulations.

8. Delivery

The Goods are delivered to the address indicated by the Buyer when placing the Order. Delivery is carried out via Poczta Polska or by delivery company.
The delivery of the Goods is payable, unless the Sales contract provides otherwise. The currently available methods and costs of delivery of the Goods are indicated to the Buyer in the "Time and costs of the delivery" tab on the Online Store website and at the time the Buyer expresses his will to conclude a Sales contract.
The time for the implementation of the Order by the Seller, which is understood as the preparation and delivery of the shipment including the ordered Goods to the postal operator or delivery company, is 2-3 business days.
The delivery date in the territory of the Republic of Poland is:
1. from 1 to 14 business days from the date the Buyer places the Order - in case of shipment via Poczta Polska;
2. from 1 to 5 business days from the date the Buyer places the Order - in case of shipment via UPS delivery company.
The time of the delivery outside the territory of the Republic of Poland will be estimated on the basis of the information available on the website of the appropriate delivery company, and this time should be counted from the date of placing the Order by the Buyer.

9. Prices and payment methods

The prices of the Goods are provided in the Online Store in Polish zlotys (in case of selecting the Polish language version of the Online Store's website) or in US dollars (in case of selecting the English language version of the Online Store's website) and include all components, i.e. VAT (with the indication of the rate), customs and any other components.
The entity providing the online payments is Blue Media S.A.
The currently available payment methods are indicated to the Buyer in the "Payment methods" tab on the Online Store website and when the Buyer is expressing the will to conclude a sales contract. The available payment methods may depend on the Buyer's choice of the language version of the Online Store website.
In case of payments in Polish zlotys (PLN), the Buyer has the option to pay the price of the Goods:
1. using PayPal service;
2. by bank transfer;
3. by BLIK payment.
In case of payments in US dollars (USD), the Buyer may use the PayPal system.

10. The right to withdraw from the Sales contract

If the Buyer is a Consumer, they have the right to withdraw from the Sales contract within 14 days, without indicating the reason of withdrawal.
In case of non-prefabricated Goods, purchased according to the Consumer's specification or their individual needs, the right to withdraw from the sale is not due.
The time range for withdrawing from Sales contract expires after 14 days from the day on which the Consumer takes possession of the Goods or on which a third party - other than the carrier - and indicated by the Consumer acquires possession of the Goods.
In order to execute the right to withdraw from Sales contract, the Consumer is obliged to inform the Seller about his decision to withdraw from the Sales contract, in a clear statement, using one of the below methods:
1. by traditional mail to the following address: "Michał Zieliński Strefa Sprawności" ul. Jesionowa nr 5, 13-230 Lidzbark;
2. by e-mail to the following address: strefasprawnosci@gmail.pl or shop@possistore.com.
The consumer may withdraw from the Sales contract by sending to the Seller a declaration of withdrawal from the Sales contract using the form, which is attached as Annex 1 to the Regulations.
As soon as the Seller receives the declaration of withdrawal from the Sales contract, the Seller will send a confirmation of receipt of the information on withdrawal from the Sales Contract to the Consumer on a durable medium (by e-mail).
To meet the time range to withdraw from the Sales contract, it is enough for the Consumer to send to the e-mail address: strefasprawnosci@gmail.pl or shop@possistore.com or to the Seller's postal address, information regarding the execution of the right to withdraw from the sale before the deadline for withdrawal from the Sales Contract, which is mentioned in point 10.3 of the Regulations.

11. Consequences of withdrawal from the Sales contract

In case of an effective withdrawal from the Sales contract, the Seller will return to the Consumer all payments received, including the costs of delivering the Goods (with the exception of additional costs resulting from the delivery method chosen by the Consumer, other than the cheapest standard delivery method offered by the Seller), immediately, and in any case not later than 14 days from the date on which the Seller receives information about the decision to execute the right to withdraw from the Sales contract.
The consumer bears the direct costs of returning the Goods to the Seller.
The Seller will refund the payment for the Goods 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; in any case, the Consumer will not incur any fees in connection with this reimbursement.
The Seller may withhold the reimbursement until receipt of the Goods or until proof of its return to the Seller's address is provided, depending on which event occurs first.
The consumer is obliged to send back or hand over the purchased Goods to the address "Michał Zieliński Strefa Sprawności" ul. Jesionowa nr 5, 13-230 Lidzbark; immediately, and in any case not later than 14 days from the date on which he informed the Seller about the execution of the right to withdraw from the Sales Contract. The deadline is met if the Consumer sends back the Goods before the time range of 14 days.
The consumer is only responsible for reducing the value of the Good resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Good.

12. Warranty for defects in the Goods

The Seller undertakes to deliver Goods free from physical and legal defects.
In case of any defects in the Goods ordered via the Online Store, the Seller shall be legally liable under the warranty for defects, pursuant to art. 556 and following of the Civil Code.
The Buyer is entitled to file a complaint under the warranty for defects in the Goods.
The Seller is liable to the Consumer under the warranty for defects in the Goods to the extent specified in the Civil Code. In case of Sales contracts concluded between the Seller and the Buyer who is not a Consumer, liability under the warranty for defects in the products sold is excluded.
A complaint under the warranty for defects of the Goods will be considered by the Seller within no more than 14 days from the date of its delivery to the Seller. If the complaint is not considered within the above-mentioned period, it is considered that the complaint has been fully accepted. In the complaint, the Buyer should provide his first name and surname, correspondence address and the type of infringement of rights that occurred. Complaints should be submitted to the e-mail address: strefasprawnosci@gmail.com or shop@possistore.com.
If the Product has a defect, the Consumer may submit a declaration of price reduction or withdrawal from the Sales contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective Good with a Good free from defects or removes the defect. This limitation does not apply if the Good has already been replaced or repaired by the Seller or the obligation to replace the Good with a non-defective one or remove the defect has not been satisfied.
The Consumer may, instead of the removal of the defect proposed by the Seller, demand that the Good was replaced with a Good free from defects, or instead of the Good replacement, demand that the defect be removed, unless it is impossible to bring the Good into compliance with the Sales contract in the manner chosen by the Consumer or it would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Good free from defects, the type and significance of the defect found is taken into account, as well as the inconvenience to which the Consumer would be exposed if the other method was chosen.
The consumer cannot withdraw from the Sales contract if the defect is not significant.
The Consumer may also, without exhausting the above procedure, demand the replacement of the Goods with a Goods free from defects or the repair of the Goods. The Seller may refuse to satisfy the Consumer's request if it is impossible to bring the defective Goods into compliance with the Sales contract in the manner chosen by the Consumer or it would require excessive costs compared to the second possible method of achieving compliance with the Sales contract.
In case of exercising the rights under the warranty, the Consumer is obliged to deliver the Goods to the Seller or send the Goods to the Seller's address in order to assess the defect found. The costs of delivering the Goods are borne by the Seller.
The Seller is released from liability under the warranty for defects that the Consumer knew about when purchasing the Goods.
The consumer may exercise the above rights if the defect is revealed within 2 years from the date of delivery of the Goods to the Consumer.
The above rights do not exclude the possibility of exercising the consumer right to withdraw from the contract referred to in point 10.1.
The Seller informs the Buyer about his right to use out-of-court complaint and redress procedures in accordance with the Online Dispute Resolution procedure developed by the European Commission, available at the website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL. The use of out-of-court complaint and redress procedures is voluntary. Additional information on out-of-court complaint and redress procedures and the rules of accessing these procedures can also be obtained at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

13. Complaints about Services provided electronically

The Service Provider takes steps to ensure that the Store operates correctly, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by Users within a reasonable time.
The User is entitled to submit a complaint regarding the Services provided electronically via the Online Store, in particular regarding irregularities or interruptions in the functioning of the Online Store, within one (1) calendar month from the date on which the event constituting the basis for the complaint occurred. A complaint submitted after the expiry of the deadline specified in the first sentence shall not be considered, about which the Service Provider shall immediately inform the User.
Complaints should be submitted to the e-mail address: strefasprawnosci@gmail.com or shop@possistore.com. In the complaint, the User should provide their first name and surname, correspondence address, description and date of the appearance of the irregularities related to the Service provided by electronic means.
The Service Provider considers the complaint regarding the Services provided electronically via the Online Store within no more than 1 (one) calendar month from the date of its notification. If the complaint is not considered within an above mentioned period, it is considered that the complaint has been fully accepted.
The Service Provider will respond to the complaint to the e-mail address through which the User has lodged the complaint, unless the User requests a different form.

14. Amendments to the Regulations

The Service Provider has the right to unilaterally amend the Regulations for important reasons, in particular:
1. when the amendment to the Regulations is necessary due to a change in the provisions of generally applicable law or due to the recognition of a specific provision of the Regulations as illegal;
2. in case of a change in the type and scope of Services provided electronically and the conditions or rules for their provision;
3. in order to fulfill the obligation resulting from the generally applicable provisions of law or the obligation resulting from a valid court ruling or administrative decision.
The Service Provider will inform the User about the amendment to the Regulations with 14 days in advance before the change is introduced by posting information on the website of the Online Store for a period of at least 14 days and by sending a message containing the amended Regulations to the User's e-mail address within the specified period.
The User has the right to terminate the contract for the provision of Services by electronic means within 14 days from the date of notification of the amendment to the Regulations. In case of failure to exercise the right to terminate the contract for the provision of electronic services in the manner specified above, the User becomes bound by the provisions of the amended Regulations.
The User may submit a declaration of termination of the contract for the provision of Services by electronic means by sending it to the email address: strefasprawnosci@gmail.com.

15. Final provisions

All intellectual property rights to the content posted in the Online Store, including those constituting a component of the Services provided by electronic means, are granted to the Service Provider. The User has the right to use this content only under the conditions set out in these Regulations. Copying, reproduction, distribution and other forms of using the above-mentioned content without the prior consent of the Service Provider or exceeding the limits permitted by law is prohibited.
Pursuant to Art. 6 point 1 of the Act on Providing Services by Electronic Means, the Service Provider informs that the use of Services provided electronically may be associated with risk.
Pursuant to Art. 6 point 2 of the Act on Providing Services by Electronic Means, the Service Provider informs that cookies are used on the website of the Online Store. Detailed information on cookies is included in the Privacy and Cookies Policy.
Recognition of individual provisions of these Regulations in the manner prescribed by law as invalid or ineffective, does not affect the validity or effectiveness of other provisions of the Regulations. Instead of an invalid or ineffective provision, other provisions are introduced that are closest to the purposes of the invalid or ineffective provision and the entire Regulations, and at the same time comply with the provisions of applicable law.
Settlement of any disputes arising between the Seller and the Buyer who is not a Consumer shall be submitted to the court having jurisdiction over the office of the Seller.
In matters not covered by these Regulations, the provisions of the Civil Code, the Act on Providing Services by Electronic Means, the Act on consumer rights and other relevant provisions of Polish law shall apply.
The conditions for the processing of Users' personal data are set out in detail in the Privacy and Cookies Policy, the acceptance of which is required at the appropriate stage before submitting the Order. It is also available at: http://possistore.com/en_US/i/TERMS-AND-CONDITIONS/19.
These Regulations enter into force on 18.10.2020.