Purchase regulations

§ 1

Introductory provisions

The EMSwear online store, available at the internet address emswear.pl, is run by BODY MIND EXPERTS Sp. z o.o., NIP: 9542749294, entered into the National Court Register.
These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.

§ 2

Definitions

Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
Seller – a natural person running a business under the name BODY MIND EXPERTS Sp. z o.o., NIP: 9542749294, entered into the National Court Register.
Customer – any entity making purchases through the Store.
Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.
Store – an online store run by the Seller at the internet address emswear.pl
Distance contract – contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
Regulations – these Store regulations.
Order – the Customer’s declaration of will submitted via the Order Form and aimed directly at concluding the Product Sales Agreement or Products with the Seller.
Account – customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store.
Registration form – a form available in the Store that allows you to create an Account.
Order form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
Cart – an element of the Store’s software in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
Product – a movable item / service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
Sales Agreement – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – in accordance with the features of the Product – a contract for the provision of services and a contract for specific work.

§ 3

Contact with the Store

Seller’s address: ul. Dąbrowskiego 44/2, 41-500 Chorzów, Poland
Seller’s e-mail address: biuro@emswear.pl
Seller’s telephone number: +48 530-570-206
Seller’s bank account number: (BNP Paribas): 50 1750 0012 0000 0000 2890 8307
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
The Customer may communicate by phone with the Seller between 8.00 a.m. and 4.00 p.m. from Monday to Friday.

§ 4

Technical requirements

To use the Store, including viewing the Store’s assortment and placing orders for Products, they are necessary:

terminal device with access to the Internet and a web browser
active e-mail account (e-mail),
enabled cookies.

§ 5

General information

The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
The prices given in the Store are given in Polish zlotys 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 charges for transport, delivery and postal services), about which the Customer is informed on the Store’s website when placing the Order, including when expressing will to be bound by the Sales Agreement.
In the case of an Agreement covering a subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the settlement period.
When the nature of the subject of the Agreement does not allow, judging reasonably, to calculate the final (final) price in advance, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs, will be provided in the Store in the Product description.

§ 6

Creating an Account in the Store

To set up an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: Name, Surname, e-mail, telephone number, date of birth, company (optional), NIP (optional).
Creating an Account in the Store is free.
Logging in to the Account is done by entering the login (e-mail address) and password set in the Registration Form.
The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

§ 7

Rules for placing an Order

In order to place an Order:

log in to the Store (optional);
select the Product that is the subject of the Order, and then click the “Add to Cart” button;
log in or use the option of placing an Order without registration;
if the option of placing an Order without registration has been selected – fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data, if different from the recipient’s details,
click the “Order and pay” button,
choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3.

§ 8

Delivery and payment methods offered

The Customer may use the following methods of delivery or collection of the ordered Product:
1. Courier delivery,
2. Courier delivery for cash on delivery,
3. Personal collection, after prior telephone contact, available at: ul. Dąbrowskiego 44/2, 41-500 Chorzów, Poland.
The customer can use the following payment methods:
1. Cash on delivery
2. In cash upon receipt of the goods
3. Payment by bank transfer to the Seller’s account
4. Fast payments via przelewy24 service
Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.

§ 9

Execution of the sales contract

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
If the customer chooses:
1. payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement – otherwise the order will be canceled.
2. payment on delivery upon delivery, the Customer is obliged to make the payment upon delivery.
3. cash payment upon personal collection of the parcel, the Customer is obliged to make the payment upon receipt of the parcel within 7 days from the date of receipt of information about the readiness of the parcel for collection.
If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
In the case of ordering Products with different delivery times, the delivery date is the longest given date.
In the case of ordering Products with different delivery times, the Customer has the option of requesting delivery of the Products in parts or delivery of all Products after completing the entire order.
The start of the period for delivery of the Product to the Customer is counted as follows:
1. 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.
2. If the Customer chooses the method of payment on delivery – from the date of the Sale Agreement,
If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer’s e-mail address provided when placing the Order.
In the case of ordering Products with different terms of readiness for collection, the date of readiness for collection is the longest given date.
The beginning of the Product’s readiness for collection by the Customer is counted as follows:
1. 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.
2. If the Customer chooses the method of cash on personal pickup – from the date of conclusion of the Sales Agreement.
Product delivery takes place only in Poland.

§ 10

The right to withdraw from the contract

The goods are not subject to the right of withdrawal or return, as they are treated as underwear. The exception is the goods packed in the original, intact packaging up to 14 days from the date of receipt of the shipment. In this case, contact us and inform us that you want to return the goods intact.
Personalized goods marked with the company’s logo are not subject to the right to withdraw from the contract or return.
If the goods show signs of use or the packaging is damaged, the goods will be sent back at the expense of the applicant and the return will not be accepted.

§ 11

Complaint and warranty

The Sales Agreement covers new Products.
The seller is obliged to provide the customer with an item free from defects.
In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code.
Before accepting the parcel from the carrier, always check that the parcel has not been damaged in transit. If the packaging has visible external damage, we recommend that you refuse to accept the package, and then contact us by phone: +48 530-570-206 or biuro@emswear.pl
If the purchased underwear turns out to have manufacturing defects or is inconsistent with the order, please follow the complaint procedure below: Send us the product you want to complain about, enclosing a written statement with it, in which you will describe the detailed reasons for the product complaint, the form of preferred compensation ( exchange for a different / appropriate product – please specify to which one), as well as the return address and account number to which the possible refund of the difference in the amount will be made and the original receipt. If an invoice was issued to the order, it is enough to add the invoice number on the statement. Within 14 days of receiving the package, we will inform you by e-mail or telephone about the result of the complaint procedure. If the complaint is considered positively, within 14 working days from the date of the decision, we will compensate the costs incurred by you by: sending a new copy of the product or a refund. If the complaint is found to be unjustified, we will provide you with a detailed justification of the decision made and we will send the product back at your expense within 14 working days.
Goods returned as part of the complaint procedure should be sent to the address given in § 3 of these Regulations.
EMS training underwear has a 6-month warranty.
The warranty covers defects arising during the production of clothing.
The warranty does not cover damage caused by improper use or improper maintenance of the garment.
If you discover a defect covered by the warranty, please contact us by e-mail: biuro@emswear.pl

Note: Having a proof of purchase (receipt / invoice) until the end of the warranty period is the basis for submitting a complaint.

§ 12

Out-of-court ways of dealing with complaints and redress

Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Inspection Handlowa 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 oraz http://www.uokik.gov.pl/wazne_adresy.php.
The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
1. The consumer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
2. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
3. The consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

§ 13

Personal data in the Online Store

The administrator of personal data of Customers collected via the Online Store is the Seller.
Customers’ personal data collected by the administrator via the Online Store is collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
The recipients of the personal data of the Customers of the Online Store may be:

1. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
2. In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the Customer’s collected personal data to the selected entity servicing the above payments in the Online Store.

The customer has the right to access their data and correct them.
Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.

§ 14

Final Provisions

Agreements concluded through the Online Store are concluded in Polish.
The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the Act on Consumer Rights, the Act on the Protection of Personal Data.