WEBSHOP REGULATIONS

§ 1 Definitions

Regulations - these Rules and Regulations specifying the principles for the conclusion of distance sales agreements through the Internet Store, the principles of execution of these agreements, the rights and obligations of the parties to the distance sales agreement and the principles of the complaint procedure. As far as services provided electronically are concerned, the Rules and Regulations constitute the regulations referred to in Article 8 of the Electronic Services Act.
Customer - a natural person with full legal capacity, a legal person or an organisational unit without legal personality, to which legal capacity is granted by law, concluding a distance sales agreement with the Seller.
Consumer - a natural person who makes a legal transaction with an entrepreneur which is not directly connected to his/her commercial or professional activity.
Sole trader - a natural person concluding a Distance Sales Agreement directly related to that person's business activity, when the content of that Agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject matter of the business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
Entrepreneur - a natural person, a legal person or an organisational unit which is not a legal person but to which the law confers legal capacity, conducting in its own name economic or professional activity.
Seller - StomilGym Sp. z o.o., with registered office at ul. Marszałka Józefa Piłsudskiego 133, 86-300 Grudziądz, NIP 8762506512, REGON 526314607, KRS 0001056439, e-mail address for correspondence: sklep@stomilgym.pl.
Online shop - Internet service run by the Seller, available at: www.stomilgym.pl/sklep/, through which the Customer may obtain information about the Goods and their availability and purchase the Goods or order service.
Distance selling contract - a contract for the sale of Goods, a contract for the supply of a Digital Service or Digital Content (if applicable), concluded through the Online Shop.
Merchandise - a movable item that the Customer may purchase from the Online Shop.
Digital service - a service that allows the Consumer to:
- the production, processing, storage or access to data in digital form,
- the sharing of digital data uploaded or created by the Consumer or other users of this service,
- other forms of interaction through data.
Digital content - data produced and delivered in digital form.
Privacy and cookies policy of the online shop - document setting out the principles for the processing of personal data and the use of cookies, annexed to the Terms and Conditions, available at: www.stomilgym.pl/polityka-prywatnosci.
Durable media - material or a tool enabling the Customer or the Seller to store information addressed personally to him or her in a way that makes it accessible for future reference for a period of time adequate for the purposes thereof, allowing the unchanged reproduction of the stored information, in particular electronic mail.
Electronic order form - the electronic ordering procedure made available by the Seller to the Customer.
Electronic return form - the electronic returns procedure made available by the Seller to the Customer, available at: www.stomilgym.pl/zwroty.
Electronic claim form - electronic complaint procedure made available by the Seller to the Customer, available at: www.stomilgym.pl/reklamacje.
Sending an order - confirmation of the order by the Customer by clicking the "Buy and pay" button, which is treated as the submission of a binding declaration of intent to conclude a Distance Selling Contract with the Seller.
Account - a set of data stored in the Online Shop and in the Seller's IT system concerning a given Customer, his orders and concluded Distance Selling Agreements, from which the Customer may place, edit and cancel orders and conclude Distance Selling Agreements.
Opinion of the order handling or opinion of the individual goods - subjective ratings expressed in the form of stars from 1 to 5.
Subscription order - an order automatically created by the Subscription.
Subscription - an electronic service allowing the automatic creation of Subscription Orders for specific Goods according to the chosen recurrence, without the need to place separate orders until the Subscription is terminated.
Recurring payments - payments handled by the payment service (PayPro) provided by the Operator, executed automatically in specified cycles to pay for Subscription Orders on the basis of the consent given by the Customer at the start of the Subscription.
PayPro SA (PayPro) - Entity providing the Service to Users, with registered office in Poznań, ul. Pastelowa 8 (60-198), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, VIII Economic Division of the National Court Register under KRS number 0000347935, NIP number 7792369887, with share capital of PLN 5,476,300.00, fully paid up and in the Register of National Payment Institutions kept by the Polish Financial Supervision Authority under the number UKNF IP24/2014.
Card - a payment card issued under the Visa or Mastercard schemes, authorised for transactions without physical presence.

§ 2 General provisions

Types and scope of services provided electronically:
- concluding online sales contracts for the Goods available in the Online Shop,
- the rules for registration and use of an Account in the Online Shop,
- the addition of reviews, comments, and ratings of ordered Goods by Customers,
- transmission of e-mails by the Seller confirming receipt of the order, payment and acceptance of the order for processing.
Technical requirements for the use of the Online Shop:
- Compatible web browser in current version (Firefox, Chrome, Microsoft Edge),
- A programme for opening PDF files.
Posted content in the Online Shop (e.g. descriptions of the Goods and their prices) constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
Access to the Rules of Procedure - The Seller shall make the Terms and Conditions together with the Appendices available on the home page of the Online Shop before the conclusion of the Sales Contract, during its conclusion and after its completion. The Buyer has the option to download and print the document.
Safety measures - The online shop uses appropriate technical and organisational measures to secure personal data, in particular to prevent their acquisition and modification by unauthorised persons.

§ 3 Procurement

The customer can place an order in the Online Shop via his/her Account or without registration (an internal account is then created).
The selection of Goods for purchase is made by adding them to the shopping cart and filling in the Electronic Order Form, where the Customer specifies, among other things, the quantity, price, and place of delivery.
Order summary - It contains information about the Goods ordered, their total price, delivery costs, method of payment and delivery time.
Additional consents - If the order concerns Digital Content or Services delivered electronically, the Consumer must agree to deliver them before 14 days from the conclusion of the contract, which implies the loss of the right of withdrawal.
Order finalisation - The customer places an order by clicking the "Order and pay" button, which is regarded as a binding declaration of intent to conclude a sales contract.
Confirmation of distance sales contract - The shop displays a message confirming that the order has been accepted and sends a confirmation by e-mail together with the documents containing the essential elements of the order.
Changes and cancellation of orders - Prior to the fulfilment of the order, the Customer may amend or cancel the order. In case of cancellation, the Seller will refund the payment within 3 working days.
Lead time - is between 1 and 30 working days from the date of conclusion of the contract.

§ 4 Payment

The online shop offers several payment methods, including prepayment and cash on delivery (payment on account after delivery). The deferred payment option is only available by prior individual arrangement with the Seller.
The choice of payment method is made when placing an order using the Electronic Order Form.
Details of the available payment methods can be found at: http://www.stomilgym.pl/sklep/

§ 5 Delivery

In the Electronic Order Form, the Customer selects the method of delivery by ticking the preferred option.
In the event that the Customer fails to collect the ordered Goods and return them to the Seller, the Seller may withdraw from the sales contract after calling the Customer by e-mail to do so. The withdrawal from the contract shall be confirmed to the Customer by e-mail.
In the event of withdrawal from the contract by the Seller, the Customer will be immediately refunded the payment received for the Goods.
The available forms of delivery and their details can be checked at: https://stomilgym.pl/sklep/

§ 6 Withdrawal - Electronic Return Form

The consumer has the right to withdraw from a distance sales contract within 30 days without stating a reason. In such a case, the contract shall be deemed not to have been concluded.
The Individual Entrepreneur also has the right of withdrawal under the same conditions as the Consumer.
In the event of withdrawal, the Consumer shall bear the direct costs of returning the Goods.
The declaration of withdrawal should unequivocally express the will of the Consumer, who may:
- use the electronic return form available on the website: https://stomilgym.pl/sklep/
- send a withdrawal form, which shall be Annex 2 to the Terms and Conditions, to the Seller's registered address.
The seller shall acknowledge receipt of the withdrawal declaration on a durable medium.
The withdrawal period shall commence:
- for a contract the object of which is the delivery of an item, from the moment of receipt of the Goods by the Consumer or a designated person,
- for a contract to deliver items by instalments, from receipt of the last instalment,
- for other contracts, from the date of conclusion of the contract.
The withdrawal form and information on the right of withdrawal shall be transmitted electronically.
In the case of a contract for the supply of Digital Content or Services, the Seller may block access to these services after withdrawal from the contract and the Consumer undertakes to cease using them and not to make them available to third parties.
The right of withdrawal does not apply to certain contracts listed in Article 38 of the Consumer Rights Act, such as:
- contract for a fully performed service with the consent of the Consumer,
- contracts for customised products,
- a contract for the supply of Digital Content not supplied on a tangible medium, once the Consumer has consented to its supply before the expiry of 14 days from the conclusion of the contract.

§ 7 Consequences of withdrawal

Reimbursement of costs: The Seller shall, within 14 days of receipt of the declaration of withdrawal from the sales contract, refund to the Consumer all payments made by the Consumer, including the lowest delivery costs.
Form of return: Payment will be refunded by the same method used by the Consumer, unless the Consumer chooses another method.
Retention of reimbursement: The Seller may withhold a refund until it has received the Goods or proof of return, whichever is sooner.
Obligation of the Consumer: The consumer should return the Goods immediately, not later than 14 days from the date of withdrawal from the contract, by sending them to the Seller's registered address.
Liability for diminution in value: The consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to verify their nature, characteristics and functioning.

§ 8 Complaint

Filing a complaint: Complaints can be made via the Electronic Complaint Form, in writing to the Seller's registered address or by e-mail to the contact address.
Information required: In your claim, you must specify the defect in the Goods, your demands to the Seller and, if possible, document the defect and provide proof of purchase.
Response deadline: The seller has 14 days to respond to the complaint. Failure to reply within this period means that the complaint is acknowledged.
Costs related to complaints: If the complaint is found to be valid, the costs of replacement, repair, shipment associated with the complaint shall be borne by the Seller.

§ 9 Opinions

Adding opinions: Reviews can be posted on the Shop page, in the product section or by clicking on the link in the email. Adding feedback is voluntary and free of charge.
Verification of opinions: The seller verifies the reviews based on the e-mail address used during the purchase. Opinions confirmed by purchase are marked accordingly.
Content of the opinion: The buyer is responsible for the content of the posted opinion. Content that is misleading, contrary to good morals or infringes the rights of third parties may not be posted.
Deletion of opinions: The Seller reserves the right to remove reviews in accordance with the law and these Terms and Conditions. At the customer's request, an opinion can be hidden, but its star rating still counts towards the overall rating.

§ 10 Intellectual property

The Customer declares that he/she is not entitled to any rights, including copyrights or related rights to the evaluations and statements posted by him/her, except for the right to use the Online Shop in the manner specified in the Terms and Conditions. The Customer shall not be entitled to any rights to record, reproduce, make available, publicise or disseminate the content, unless such a right results from the provisions of the law or these Terms and Conditions.
The Customer is not entitled to interfere in any way with the content, in particular not to interfere with the content, structure, form, graphics, operating mechanism or other elements of the Internet Shop.
By placing Opinions in the Online Shop, which constitute works within the meaning of the Act of 4.2.1994 on Copyright and Related Rights - the Client grants the Seller a non-exclusive, royalty-free and territorially unlimited licence to use these works, together with the right to grant a sub-licence, which includes making a work available to the public in such a way that anyone can access it at a time and place of their own choosing (Internet). The licence is granted in respect of all fields of exploitation known at the time of its granting, in particular the following fields of exploitation:
- to record and reproduce the work by any technique, in particular by printing, reprography, magnetic recording, digital recording, i.e. using any technique on any audio-visual or visual medium, in particular on audio-visual discs, CDs, computer disk, in a multimedia network, including the Internet and related online services, and to reproduce, record, use on the Internet, advertising, reproducing the electronic recording in computer memory and in internal and external networks,
- Use of all or part of the work, or any elements of the work, with the possibility of modification due to the nature of the Internet medium - in all publications, especially online, digital, newsletters and information, alone or in combination with other works or parts of works; use of all or part of the work for promotion and advertising, especially in the form of audiovisual, audio, media advertising.
- within the scope of trading in the original or copies on which the work has been fixed - placing on the market, lending, rental of the original or copies,
- within the scope of dissemination of the work in a manner other than specified above - public performance, exhibition, display, reproduction and broadcasting and re-broadcasting, as well as making the work available to the public in such a way that everyone can access it from a place and at a time individually chosen by them,
- use of works for promotional and marketing purposes.
Deletion of an Account by the Customer or an Opinion under section 9.8 shall not affect the validity of the aforementioned licence.

§ 11. sales rules for the subscription model

An electronic service in the form of a Subscription may be provided by the Seller to the Buyer.

The use of the Subscription allows for the cyclical delivery of selected Goods, at intervals indicated by the Customer, without the need to place further orders until the Subscription ends. Payment for the Subscription is made exclusively using the Cyclical Payment mechanism and only via a single Card.
Unsubscribing a Card from a Subscription terminates the Subscription.
Transactions within the scope of Cyclic Payments will be processed only after prior registration of the Cardholder in the Operator's service (or the entity through which the Operator handles Transactions). The registration will be intended to authenticate that the Customer ordering a Cyclic Payment is the legitimate holder of the Card to be debited. Prior to the registration of the Card on the Transaction website, the Customer is required to give his/her consent to regular charging by initiating the Cyclic Payment service. The consent is stored in the Operator's service.
The Buyer creates a Subscription by selecting this form of purchase in the Electronic Order Form. A confirmation of the creation of the Subscription is sent immediately to the Buyer's e-mail address indicated when making the first Subscription Order.
The Customer manages the Subscription via the Account according to the available options.
Subscription is for an indefinite period.
The Customer may terminate the Subscription at any time. The termination of the Subscription by the Customer is equivalent to the withdrawal of the consent for subsequent charges under the Recurring Payments. In this situation, no further Subscription Order will be created. If the termination of the Subscription occurs after the date indicated in the email referred to in clause 11, the current Subscription Order will be the last to be created.

a) Termination of the Subscription is effected by the Buyer selecting the option "Terminate Subscription" in the settings for the respective Subscription, which are accessible after the Customer has logged in from his Account.
b) The buyer can also terminate the subscription by contacting the shop staff by e-mail. sklep@stomilgym.pl
The Seller has the right to terminate the Subscription, of which it will inform the Buyer by e-mail or by telephone contact at least 7 days in advance. In this situation, the funds on the Card will not be debited and no further Subscription Orders will be created.
The Seller shall be entitled to change the prices of the Goods during the Subscription, of which the Buyer shall be informed in the e-mail correspondence referred to in clause. 11.
The Seller shall send the Buyer an e-mail message about the creation of the Subscription Order, stating its subject, quantity, price (including price change, if any), date of fulfilment and the date of the scheduled withdrawal of the Card - no later than 3 days before the withdrawal of the Card. In addition, the Seller shall inform the Buyer of the possibility to terminate the Subscription by enclosing a link leading to the settings enabling termination of the respective Subscription from the level of the Customer Account and the date until which this will be effective. If the Subscription is terminated after the date indicated in the email - the termination shall be effective for subsequent Subscription Orders. This means that the Subscription will be terminated, but the current Subscription Order will be the last to be fulfilled.
If an attempt to debit the Card is unsuccessful, the Customer will be informed by e-mail that the payment cannot be collected. Possible reasons for not being able to debit the payment are: lack of funds on the Card, expiry of the Card or technical problems.
The expiry of the Card associated with the Subscription or the inability to authorise a payment order for any other reason will result in the termination of the Subscription.
The subscription order will only be processed once the Card has been successfully debited.
Termination of the Subscription shall entail immediate termination of the contract of sale of the Goods.
The Seller shall have the right to change the Subscription rules, including the range of Goods available, the payment terms and the manner in which the Subscription is fulfilled, of which the Customer will be informed immediately by e-mail. These changes shall not affect Subscription Orders completed prior to the changes, unless otherwise indicated in correspondence with the Customer.

§ 13 Annex 1 - Information on exercising the right of withdrawal

The right of withdrawal under the following conditions is available to the Consumer and the Individual Entrepreneur.
You have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period shall expire after 30 days: a) in the case of a sales contract, from the day on which you take possession of the goods or on which a third party other than the carrier and indicated by you takes possession of the goods;

b) in the case of a contract involving the transfer of ownership of multiple items which are delivered separately from the day on which you acquire possession of the last item or on which a third party other than the carrier and indicated by you acquires possession of the last item;
c) in the case of a contract involving the transfer of ownership of goods delivered in instalments or parts, from the day on which you take possession of the last instalment or part or on which a third party other than the carrier and indicated by you takes possession of the last instalment or part;
d) in the case of contracts for regular delivery of goods, for a fixed period of time from the day on which you acquire possession of the first good or on which a third party other than the carrier and indicated by you acquires possession of the first good; e) in the case of contracts for the supply of services or digital content which is not supplied on a tangible medium, from the day of the conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us, ie: StomilGym Sp. z o.o., with registered office at ul. Marszałka Józefa Piłsudskiego 133, 86-300 Grudziądz, NIP 8762506512, REGON 526314607, KRS 0001056439, e-mail address for correspondence: sklep@stomilgym.pl. of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail).
You may use the model withdrawal form, but this is not obligatory.
In order to comply with the withdrawal period, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of normal delivery offered by us), without delay and in any event not later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this contract. We will refund the payment using the same means of payment as you used in the original transaction, unless you have expressly agreed otherwise.
In the case of contracts involving the transfer of ownership of an item where we have not offered to collect the Goods in the event of withdrawal - we are to withhold reimbursement until we have received the item or until we have been provided with proof of its return, whichever event occurs first.
Please return the returned item to: StomilGym Sp. z o.o., with its registered office at ul. Marszałka Józefa Piłsudskiego 133, 86-300 Grudziądz, immediately and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the expiry of the 14-day period. You will have to bear the direct costs of returning the item.
Due to the weight and dimensions of the Goods, in the event of withdrawal from the contract - returning the Goods may involve higher costs than ordinary postal delivery. If you wish to use courier services, it may be necessary to send the parcel on a pallet, which is more expensive than ordinary postal delivery.

Annex 2 - Model withdrawal form

Download template - .docx

Download the template - .pdf

download shop rules