Terms of service

ONLINE STORE TERMS AND CONDITIONS

WWW.GEOSHOTPADEL.COM

§ 1

GENERAL PROVISIONS

  1. The Store at www.geoshotpadel.com operates under the principles set forth in these Terms and Conditions.
  2. These Terms and Conditions define the conditions for concluding and terminating Product Sales Agreements, the complaint procedure, as well as the types and scope of services provided electronically by the Store at www.geoshotpadel.com, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.
  3. Every Service User, upon taking steps to use the Electronic Services of the Store at www.geoshotpadel.com, is obliged to comply with the provisions of these Terms and Conditions.
  4. The law applicable to all agreements concluded through the Store with the Seller is Polish law, as the law of the place of the Seller's registered office. This does not exclude granting the Consumer, residing in a country other than the Republic of Poland, rights resulting from their local law if they remain more favorable to the Consumer than the conditions specified in these Terms and Conditions and Polish law.
  5. In matters not regulated by these Terms and Conditions, the provisions of the following shall apply:

5.1. The Act on Providing Services by Electronic Means of July 18, 2002,

5.2. The Consumer Rights Act of May 30, 2014,

5.3. The Act on Extrajudicial Resolution of Consumer Disputes of September 23, 2016,

5.4.The Civil Code Act of April 23, 1964, 

5.5.and other relevant provisions of Polish law.

§ 2

DEFINITIONS

  1. TERMS AND CONDITIONS – these regulations of the Store.
  2. STORE – the Service Provider's online store operating at www.geoshotpadel.com.
  3. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User through the Store.
  4. REGISTRATION FORM – a form available on the website www.geoshotpadel.com allowing the creation of an Account.
  5. ACCOUNT – a set of resources in the Service Provider’s ICT system, identified by an individual name (login) and password, where the Service User's data, including information about placed Orders, are collected.
  6. ORDER FORM – a form available on the website www.geoshotpadel.com allowing the placement of an Order.
  7. SELLER, SERVICE PROVIDER – Giovanni Marra conducting business under the name Geo Shot - Giovanni Marra, entered into the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG), business address and service address: ul. Ceramiczna 5c/46, 03-126 Warsaw, NIP: 5242876193, REGON: 381687929, e-mail: info@geoshotpadel.com, phone: +48 690 432 583.
  8. SERVICE USER – a natural person, legal person, or an organizational unit without legal personality to whom the law grants legal capacity, using the Electronic Service.
  9. CUSTOMER – a Service User who intends to conclude or has concluded a Sales Agreement with the Seller.
  10. CONSUMER – a natural person performing a legal transaction with an entrepreneur not directly related to their business or professional activity.
  11. ENTREPRENEUR – a natural person, legal person, or an organizational unit without legal personality conducting business or professional activity in their own name.
  12. PRODUCT – a movable item available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
  13. SALES AGREEMENT – a Product Sales Agreement concluded between the Customer and the Seller via the Store.
  14. ORDER – the Customer's declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
  15. PRICE – the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.

§ 3

PRODUCT INFORMATION AND ORDERING

  1. The Store at www.geoshotpadel.com sells Products via the Internet.
  2. Products offered in the Store are new, compliant with the agreement, and have been legally placed on the Polish market.
  3. Information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to buy a specific Product under the conditions specified in its description.
  4. The Product Price displayed on the website is given in Polish Zloty (PLN) and includes all components, including VAT. The Price does not include delivery costs.
  5. The Product Price displayed on the website shall be binding at the time the Customer places the Order. This price will not change regardless of price changes in the Store that may occur for individual Products after the Order is placed.
  6. The Seller shall clearly inform Customers about unit Prices as well as promotions and Price reductions.
  7. Orders can be placed:

1. Via the website using the Order Form (www.geoshotpadel.com) – 24 hours a day, all  year round.

  1. To place an Order, the Customer is not required to register an Account in the Store.
  2. A condition for placing an Order in the Store is reading the Terms and Conditions and accepting its provisions during the ordering process.
  3. The Store processes Orders placed from Monday to Friday during Store working hours, i.e., from 9.00 a.m. to 5 p.m. on business days. Orders placed after 5 p.m., on Saturdays, Sundays, and holidays will be processed on the next business day.
  4. Products on promotion (sale) have a limited number of items, and Orders for them will be processed in the order they are received until stocks of the given Product are exhausted.


CONCLUSION OF THE SALES AGREEMENT

  1. To conclude a Sales Agreement, the Customer must first place an Order using the methods provided by the Seller, in accordance with § 3 points 7 and 9.
  2. After placing the Order, the Seller shall immediately conform its receipt.
  3. Confirmation of receipt of the Order, as referred to in point 2, shall bind the Customer to their Order. Receipt of the Order is confirmed by sending an e-mail.
  4. The confirmation of receipt of the Order shall include:

4.1. confirmation of all essential elements of the Order,

4.2. a withdrawal form,

4.3. these Terms and Conditions containing instructions on the right to withdraw from the contract.

  1. Upon the Customer receiving the e-mail mentioned in point 4, a Sales Agreement shall be concluded between the Customer and the Seller.
  2. Each Sales Agreement will be confirmed by a proof of purchase (receipt), which will be attached to the Product and/or sent by e-mail to the address provided in the Order Form.

§ 5

PAYMENT METHODS

  1. The Seller shall provide the following payment methods:

1.1. payment via an electronic payment system (TPay.pl, PayPal).

  1. In the case of payment via an electronic payment system, the Customer shall pay before the start of Order processing. The system allows payment by credit card or fast transfer from selected Polish and/or foreign banks.
  2. The Customer shall be obliged to pay the price under the Sales Agreement immediately after its conclusion, no later than 24 hours from that moment, unless the Sales Agreement states otherwise.
  3. The Product shall be sent only after it has been paid for.

§ 6

COST, TIME, AND METHODS OF DELIVERY

  1. Product delivery costs, covered by the Customer, shall be determined during the ordering process and shall depend on the choice of payment and delivery method.
  2. The delivery time consists of the time for completing the Product and the time for delivery by the carrier:

2.1 completion time shall be up to 2 business days from the moment of:

        1. crediting the funds to the Seller's account, or
        2. positive authorization of the transaction by the electronic payment system.

2.2. delivery of Products (movable items) by the carrier shall occur within the time declared by them, i.e., up to 3 business days from dispatch for deliveries within Poland, and for other EU countries – within the timeframe declared by the carrier (excluding Saturdays, Sundays, and holidays).

  1. Products purchased in the Store shall be sent via parcel lockers (paczkomaty) or a courier company.




§ 7

PRODUCT COMPLAINTS

  1. Warranty Claim.

      1.1 Products offered in the Store shall have a warranty (manufacturer/seller) valid in Poland.

    1. 1.2.The warranty period shall be 12 months from the date of delivery to the Customer.
    2. 1.3.The document entitling the Customer to warranty protection shall be the warranty card or proof of purchase.
    3. 1.4.  The warranty card included with the Product or available on the Store’s website shall contain the guarantor`s details, specific information about the goods covered by the warranty, details regarding the warranty period and terms, as well as the Customer’s rights under the warranty.  
    4. 1.5.The warranty shall not preclude the rights of the Consumer and the entity referred to in § 10 of the Terms and Conditions arising from the Product’s non-conformity with the Sales Agreement, as set forth in the Consumer Rights Act, which are granted to the Consumer and the entity referred to§ 10 by law.   
  1. Complaint Procedure.

2.1. The grounds and scope of the Seller's liability towards a Customer who is a Consumer or an entity referred to in § 10 of the terms and conditions, for the non-conformity of the Product with the agreement, are set forth in the Consumer Rights Act of May 30, 2014.

2.2. The grounds and scope of the Seller's liability towards a Customer who is an Entrepreneur, as referred to in § 9, under the warranty (rękojmia) are set forth in the Civil Code Act of April 23, 1964.

2.3. The Seller shall be liable to a Customer who is a Consumer or an entity referred to in § 10 of the terms and conditions for any lack of conformity of the Product with the agreement existing at the time of delivery and disclosed within 2 years from that time, unless the shelf life of the Product specified by the Seller or persons acting on their behalf is longer.

2.4. Notifications regarding the non-conformity of the Product with the agreement and the submission of an appropriate request may be made via e-mail to: info@geoshotpadel.com or in writing to: ul. Ceramiczna 5c/46, 03-126 Warsaw, Poland.

2.5. The aforementioned written or electronic notification should include as much information and as many circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. Providing this information will significantly facilitate and expedite the processing of the complaint by the Seller.

2.6. To assess any irregularities or non-conformity of the Product with the agreement, the Consumer or the entity referred to in § 10 of the terms and conditions shall be obliged to make the Product available to the Seller, and the Seller shall be obliged to collect it at their own expense.

2.7. The Seller shall respond to the Customer's request immediately, no later than within 14 days of its receipt.

2.8. In the case of a complaint by a Customer who is a Consumer or an entity referred to in § 10 of the terms and conditions – a failure to respond to the complaint within 14 days of its submission shall be equivalent to its acceptance.

2.9.The Customer may, in the first instance, request the replacement or repair of the Product by the Seller. A price reduction or withdrawal from the contract may only be requested in cases specified in the Consumer Rights Act of May 30, 2014 (including, among others, when the non-conformity of the goods with the agreement is significant, when the Seller has refused to bring the goods into conformity with the agreement, or when the non-conformity persists despite the Seller's attempts to bring the goods into conformity).

2.10. In connection with a justified complaint from a Customer who is a Consumer or an entity referred to in § 10 of the terms and conditions, the Seller shall, as appropriate:

  1. cover the costs of repair and re-delivery of the Product;
  2. reduce the price of the Product (the reduced price must remain in proportion to the value of the goods in conformity with the contract vs. the non-conforming goods) and refund the value of the price reduction to the Consumer or the entity referred to in § 10 no later than within 14 days of receiving a valid statement of price reduction from the consumer or the entity referred to in § 10; 
  3. in the event of a valid withdrawal from the contract by the Consumer or the entity referred to in § 10 – refund the price of the Product no later than within 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the agreement, the Consumer or the entity referred to in § 10 is obliged to immediately return the goods to the Seller at the Seller's expense.

2.11. The response to the complaint shall be provided on paper or another durable medium, e.g., via e-mail or SMS.


§ 8

RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the terms and conditions, who has concluded a distance agreement, may withdraw from it without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient to send the withdrawal statement provided by the Store.
  2. In the event of withdrawal from the agreement, the Sales Agreement shall be considered void. The Consumer or the entity referred to in § 10 of the terms and conditions shall be obliged to return the Product to the Seller or hand it over to a person authorized by the Seller for collection immediately, but no later than 14 days from the day on which they withdrew from the agreement, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before it expires. 
  3. In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: ul. Ceramiczna 5c/46, 03-126 Warsaw, Poland.
  4. The Consumer or the entity referred to in § 10 of the terms and conditions shall be liable for any reduction in the value of the Product resulting from using it in a manner that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product, unless the Seller has failed to inform the consumer or the entity referred to in §10  of the method and timing of exercising the right of withdrawal and the model withdrawal form. To establish the nature, characteristics, and functioning of the Products, the Consumer or the entity referred to in § 10 of the terms and conditions should handle and inspect the Products only in the same way as they would be allowed to do in a physical store.
  5. Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product along with its delivery costs using the same method of payment as used by the Consumer, unless the Consumer or the entity referred to in § 10 of the terms and conditions has expressly agreed to a different method of refund that does not involve any costs for them. Subject to point 7 of this paragraph, the refund shall take place immediately, and no later than within 14 days of the Seller receiving the statement of withdrawal from the Sales Agreement. 
  6. If the Consumer or the entity referred to in § 10 of the terms and conditions has chosen a delivery method other than the least expensive standard delivery offered by the Store, the Seller shall not BE obliged to refund the additional costs incurred by them.
  7. Unless the Seller has offered to collect the Product themselves from the consumer or the entity referred to in § 10 of the terms and conditions, they may withhold the refund until they have received the goods back or until the Consumer or the entity referred to in § 10 of the terms and conditions has provided proof of having sent them back, whichever occurs earlier.
  8. The Consumer or the entity referred to in § 10 of the terms and conditions withdrawing from the Sales Agreement in accordance with point 1 of this paragraph shall only bear the costs of returning the Product to the Seller.
  9. The fourteen-day period in which the Consumer or the entity referred to in § 10 of the terms and conditions may withdraw from the contract shall be calculated as follows:

9.1. for an agreement in which the Seller delivers the Product and is obliged to transfer its ownership – from the day on which the Consumer or the entity referred to in § 10 of the terms and conditions (or a third party indicated by them other than the carrier) took possession of the Product;

9.2. for an agreement involving multiple Products delivered separately, in batches, or in parts – from taking possession of the last Product, batch, or part;

9.3. for an agreement involving the regular delivery of a Product for a fixed period – from taking possession of the first Product;

9.4. for other agreements – from the date of conclusion of the agreement. 

  1. The right to withdraw from a distance agreement shall not available to the Consumer or the entity referred to in § 10 of the terms and conditions in the case of a Sales Agreement:

10.1. where the subject of the service is non-prefabricated goods, manufactured according to the consumer's specifications or serving to satisfy their individualized needs;

10.2. where the subject of the service is goods delivered in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery;

10.3. where the subject of the service is goods which, after delivery, by their nature, are inseparably connected with other items;

10.4. for the provision of services for which the Consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who was informed before the performance began that they would lose the right of withdrawal once the service is completed;

10.5. where the subject of the service is goods that deteriorate quickly or have a short shelf life.

  1. The right to withdraw from the Sales Agreement shall be available to both the Seller and the Customer in the event that the other party fails to perform their obligation within a strictly defined period.

§ 9

PROVISIONS CONCERNING ENTREPRENEURS (B2B)

  1. This paragraph contains provisions applying exclusively to entrepreneurs not covered by the protection resulting from the Consumer Rights Act, as referred to in § 10 of the terms and conditions.
  2. The Seller shall have the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 business days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the non-Consumer Customer against the Seller.
  3. The Seller has the right to limit the payment methods made available to non-Consumer Customers, including requiring prepayment of part or all of the sale price, regardless of the payment method chosen by the Customer or the fact that the Sales Agreement has been concluded.
  4. The benefits and burdens associated with the Product, as well as the risk of accidental loss of or damage to the Product, shall pass to the non-Consumer Customer upon the delivery of the Product by the Seller to the carrier. In such a case, the Seller shall not be liable for any loss, shortage, or damage to the Product occurring from the moment the Product is accepted for transport until its delivery to the Customer, nor for any delay in the transport of the shipment.
  5. In the event that the Product is sent to the Customer via a carrier, the non-Consumer Customer shall be obliged to examine the shipment at the time and in the manner customary for shipments of this type. If they find that a loss or damage to the Product occurred during transport, they shall be obliged to perform all actions necessary to establish the carrier's liability.
  6. The Service Provider may terminate a contract for the provision of Electronic Services with immediate effect and without stating reasons by sending a notice of termination to the non-Consumer Service Recipient.


§ 10

PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

  1. An entrepreneur operating as a sole proprietorship (this paragraph does not apply to commercial companies) shall be covered by the protection provided by the Consumer Rights Act, provided that the agreement they conclude with the Seller is directly related to their business activity, but the content of this agreement indicates that it is not of a professional nature for them, resulting in particular from the subject of their business activity.
  2. The person conducting business activity referred to in point 1 of this paragraph shall be covered by protection only in the scope of:

2.1. prohibited contractual provisions

2.2. liability for non-conformity of the Product with the agreement;

2.3. the right to withdraw from a distance agreement;

2.4. rules concerning agreements for the supply of digital content or digital services.

  1. The entrepreneur referred to in point 1 of this paragraph shall lose their consumer protection rights if the Sales Agreement they concluded with the Seller is of a professional nature, which is verified on the basis of that entrepreneur's entry in the Central Registration and Information on Business (CEIDG) of the Republic of Poland, in particular the Polish Classification of Activities (PKD) codes indicated therein.
  2. Entrepreneurs referred to in point 1 of this paragraph are shall not be covered by the institutional protection provided for Consumers by district (powiat) consumer ombudsmen or the President of the Office of Competition and Consumer Protection (UOKiK).


§ 11

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables the use of Electronic Services through the Store, such as:

1.1. concluding Product Sales Contracts;

1.2. maintaining an Account in the Store.

  1. The provision of Electronic Services to Service Recipients in the Store shall take place under the terms and conditions specified in the terms and conditions.
  2. The Service Provider has the right to place advertising content on the Store's website. This content shall form an integral part of the Store and the materials presented therein.


§ 12

CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. The provision of Electronic Services specified in § 11 point 1 of the Regulations by the Service Provider shall be free of charge.
  2. The period for which the agreement shall be concluded:

2.1. the agreement for the provision of an Electronic Service consisting of enabling the placement of an Order in the Store shall be concluded for a fixed term and shall be terminated upon the placement of the Order or the cessation of its placement by the Service Recipient;

2.2. the agreement for the provision of an Electronic Service consisting of maintaining an Account in the Store shall be concluded for an indefinite period. The conclusion of the agreement shall occur at the moment the Service Recipient sends a completed Registration Form.

  1. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:

3.1. a computer (or mobile device) with Internet access;

3.2. access to electronic mail (e-mail);

3.3. a web browser;

3.4. enabling Cookies and JavaScript in the web browser.

  1. The Service Recipient shall be obliged to use the Store in a manner consistent with the law and good customs, respecting the personal rights and intellectual property rights of third parties.
  2. The Service Recipient shall be obliged to enter data consistent with the actual facts.
  3. The Service Recipient shall be prohibited from providing content of an unlawful nature.






§ 13

COMPLAINTS REGARDING THE PROVISION OF ELECTRONIC SERVICES

  1. Complaints related to the provision of Electronic Services through the Store may be submitted by the Service Recipient via e-mail to: info@geoshotpadel.com.
  2. In the aforementioned e-mail, as much information and as many circumstances regarding the subject of the complaint as possible should be provided, in particular the type and date of the occurrence of the irregularity and contact details. Providing this information will significantly facilitate and speed up the processing of the complaint by the Service Provider.
  3. The processing of the complaint by the Service Provider shall take place immediately, no later than within 14 days from the moment of submission.
  4. The Service Provider's response to the complaint shall be sent to the Service Recipient's e-mail address provided in the complaint submission or in another manner specified by the Service Recipient.


§ 14

CONDITIONS FOR TERMINATING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. Termination of the agreement for the provision of an Electronic Service:

1.1. an agreement for the provision of an Electronic Service of a continuous and indefinite nature (maintaining an Account) may be terminated;

1.2. the Service Recipient may terminate the agreement with immediate effect and without stating reasons by sending an appropriate statement via e-mail to: info@geoshotpadel.com or by deleting the Account;

1.3. the Service Provider may terminate the agreement for the provision of an Electronic Service of a continuous and indefinite nature in the event that the Service Recipient violates the terms and conditions, in particular when they provide content of an unlawful nature after an unsuccessful prior request to cease violations with a set appropriate deadline. In such a case, the contract shall expire 7 days after the date of submission of the declaration of intent to terminate it (notice period);

1.4. termination shall lead to the cessation of the legal relationship with effect for the future.

  1. The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by mutual agreement of the parties.




Ag

INTELLECTUAL PROPERTY

  1. All content posted on the website at www.geoshotpadel.com shall be protected by copyright law and (subject to § 15 point 3 and elements posted by Service Recipients, used on the basis of a license, transfer of economic copyrights, or fair use) shall be the property of Giovanni Marra, conducting business under the name Geo Shot - Giovanni Marra, entered into the Central Registration and Information on Business (CEIDG) of the Republic of Poland, kept by the minister responsible for economy, place of business and address for service: ul. Ceramiczna 5c/46, 03-126 Warsaw, Poland, NIP: 5242876193, REGON: 381687929. The Service Recipient shall bear full responsibility for any damage caused to the Service Provider resulting from the use of any content of the website www.geoshotpadel.com without the Service Provider's consent.
  2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements constituting the content of the website www.geoshotpadel.com shall constitute a violation of the Service Provider's copyright and shall result in civil and criminal liability.
  3. All trade names, Product names, company names, and their logos used on the Store's website at www.geoshotpadel.com belong to their owners and shall be used for identification purposes only. They may be registered trademarks. All materials, descriptions, and photos presented on the Store's website at www.geoshotpadel.com shall be used for information purposes.


§ 16

FINAL PROVISIONS

  1. Agreements concluded through the Store shall be concluded in accordance with Polish law.
  2. In the event of inconsistency of any part of the terms and conditions with the applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the terms and conditions. 
  3. Any disputes arising from Sales Agreements between the Store and Customers shall be resolved in the first instance through negotiations, with the intention of an amicable settlement, taking into account the Act on Out-of-Court Resolution of Consumer Disputes. However, if this is not possible or would be unsatisfactory for either party, disputes shall be resolved by the competent common court, in accordance with point 4 of this paragraph.
  4. Judicial resolution of disputes:

4.1. any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer or an entity referred to in § 10 of the terms and conditions shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964;

4.2. any disputes arising between the Service Provider and the Service Recipient (Customer) who is not a Consumer, as referred to in § 9 of the terms and conditions, shall be submitted to the court competent for the registered office of the Service Provider.

  1. A Customer who is a Consumer also has the right to use out-of-court methods of dispute resolution, in particular by submitting, after the complaint procedure is completed, a request for mediation or a request for the case to be considered by an arbitration court (the application can be downloaded at http://www.uokik.gov.pl). The list of Permanent Consumer Arbitration Courts operating at the Voivodeship Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the complaint procedure is completed is free of charge.
  2. A Customer who is a Consumer has the opportunity to use European ADR (Alternative Dispute Resolution) institutions dealing with out-of-court dispute resolution. More information on out-of-court dispute resolution can be found at: https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/index_en.htm.