Terms of sale – www.indoorgolfwroclaw.pl
I. General provisions
1. This document specifies general terms and conditions, means of electronic provision of Services, and policy of sales conducted via the www.indoorgolfwroclaw.pl website. Sales are controlled by Indoor Golf Sp z o.o. with registered office in Wrocław at Braniborska 14, 53-680 Wrocław, entered into the Register of Entrepreneurs kept by Wrocław-Fabryczna District Court, VI Economic Division of the National Court Register under KRS no. 0000899471, NIP: 8971891690, REGON: 388900510, herein referenced to as the Vendor.
2. The Vendor can be contacted via:
a. email: info@indoorgolfwroclaw.pl
b. traditional mail: ul. Braniborska 14, 53-680 Wrocław
c. phone: +48 717345767
3. This document is constantly available at the website hosted under www.indoorgolfwroclaw.pl in a way which enables reading, downloading, and copying its content by printing or saving to a different media at any moment.
4. The Online Store is managed by the Vendor.
5. The Vendor hereby informs that using electronically provided services may pose a threat to any user of the Internet. The possible risks include injecting Client’s teleinformatic system with malware or obtaining and modifying the Client’s data by unauthorized persons. To avoid the aforementioned risks, Client is advised to implement appropriate technical security measures, which can minimize their occurrence, in particular antivirus and firewall software.
II. Definitions
Definitions used in these Terms of sale:
1. Working days – days from Monday to Friday, excluding public holidays;
2. Client – a person with full capacity to perform acts in law or conducting economic activity, legal person or organizational unit which is not a natural person and is given legal capacity according to special regulations, that places Orders via the Vendor’s website or uses other Services available on the website;
3. Civil Law – Polish act of law of April 23rd 1964 (Journal of Law no. 16, item 93 with amendments);
4. Consumer – Client who is a consumer according to Article 22(1) of Civil Law;
5. Entrepreneur – Client who is an Entrepreneur according to Article 43(1) of Civil Law;
6. Terms of sale – this document;
7. Goods – products presented on the Vendor’s website, including a description, price, and a visible link to the purchase form;
8. Reservation confirmation – digital document sent by the Vendor to the email address specified by the Client during reservation, which states the terms and conditions of the reservation, including the Client’s data, information about the Service option, and the amount to pay for the Service;
9. Contract of sale – defined in the Civil Law contract regarding sale of goods, concluded between the Vendor and Client;
10. Services – services offered by the Vendor (Trackman golf simulator stations rental and golf lessons with the use of TrackMan golf simulators);
11. Reservation – conclusion of an agreement between the Vendor and the Client regarding provision of a Service in a specified time for a defined price.
12. Consumer Rights Act – Polish act of law of May 30th 2014 on consumer acts (Journal of Law 2014, no. 827);
13. Act on Electronic Services – Polish act of law of July 18th 2002 on electronic delivery of services (Journal of Law, no. 144, item 1204 with amendments);
14. Order – Client’s declaration of intent aiming directly at concluding a Contract of sale, specifying in particular the type and number of purchased Goods;
15. User account – section of the website assigned directly to a particular Client which enables to manage reservations, for example cancel existing and make new reservations or modify the data provided during reservation.
III. Rules of using the website
1. Using the website is possible only if the teleinformatic system used by the Client meets the following minimal technical requirements:
a. computer or mobile device connected to the Internet,
b. access to email,
c. Internet Explorer 11 or newer, Firefox 28.0 or newer, Chrome 32 or newer, Opera 12.17 or newer, Safari 1.1. or newer,
d. enabling support for Cookie files and Javascript in the Internet browser.
2. Using the website means any activity performed by the Client in order to familiarize themselves with content of the website.
3. Client is obliged in particular to:
a. not provide or forward any content prohibited by the law, such as materials promoting violence, defamatory messages or contents that violate personal rights or other rights of third parties,b. use the website in a manner which does not interfere with its functioning, in particular through the use of specific software or devices,
c. not to send or post via the website any unsolicited commercial information (spam),
d. use the website in a manner which does not cause any inconveniences for other clients or the Vendor,
e. use the website contents only for personal use,
f. use the website in accordance with the Polish law, the provisions of this document, and general principles of the Internet use.
IV. Services
1. The Vendor enables to use the website for free, 24 hours a day, 7 days a week.
2. The service to manage the User account on the website is available after registration which is realized by filling out and accepting the registration form available on one of the website’s pages. The contract for User account management is concluded for an indefinite period of time and terminates when the Client sends a request to remove their User account.
3. The Vendor reserves the right to organize periodic competitions and promotions, the rules of which will be provided on the Vendor’s website. Promotions can not be combined, unless otherwise stated in the rules of a given promotion.
4. In case of violation of these Terms of sale by the Client, the Vendor, after having given an unsuccessful call to put an end to or remedy the infringements within a specified time period, may terminate the Service provision contract with a 14-day period of notice.
V. Procedure of Contract of sale conclusion
1. Information about Goods and Services available on the Vendor’s website, in particular their descriptions, technical parameters, and use specifications, constitute an invitation to conclude a Contract of sale, within the meaning of Article 71 of the Civil Law.
2. All Goods presented on the website are brand new, free of physical and legal defects, except for used Goods, which may have defects specified in their description. All Goods have been legally introduced on the Polish market.
3. An active email account is required to place an Order.
4. In case of placing an Order through the online form available on the Vendor’s website, the Order is made by the Client in an electronic form and constitutes an offer to conclude a Contract of sale regarding Goods and Services listed in the Order. The electronically submitted offer is binding for the Client, if the Vendor sends an Order processing confirmation to the email address indicated by the Client. This confirmation is the Vendor’s declaration of accepting the Client’s offer. Delivery of such confirmation to the Client is equivalent to concluding the Contract of sale.
5. The Contract of sale is concluded in Polish and its content complies with these Terms of sale.
VI. Delivery
1. Goods can be delivered only to the territory of the European Union to the address submitted by the Client when the Order was placed, subject to point VI.2 below.
2. Digital Goods, including the Reservation Service provision, are delivered directly to the email address submitted by the Client.
3. Ordered Goods, subject to point VI.2 above, are sent to the Client using a courier company or, if requested by the Client, may be picked up from the Vendor’s collection point.
4. The Vendor informs the Client via the website about the number of Working days needed to fulfill and deliver the Order or any additional fees for the delivery.
5. The Order fulfillment and delivery dates are specified in Working days, in accordance with point VII.2.
6. The Vendor provides the Client with a proof of purchase.
7. If Goods included in a single Order have different estimated fulfillment dates, the longest period is applied to the whole Order.
VII. Prices and payment methods
1. The prices of Goods and Services are indicated in PLN (Polish Zloty) and include all necessary fees, for example VAT, duties, etc.
2. The Client can choose from the following payment methods:
a. cash or bank card upon personal pickup of the ordered Goods or Service Reservation at the Vendor’s collection point (in this case the Order will be fulfilled immediately after the Vendor sends an Order processing confirmation to the Client, the Service will be delivered at the Vendor’s facility, and the Ordered Goods will be delivered at the Vendor’s collection point);
b. electronic payment (in this case the Order will be fulfilled after the Vendor sends an Order processing confirmation to the Client and after the Vendor receives a confirmation of the Client’s payment from the billing processor’s system; ordered Goods will be shipped as soon as the Order is completed).
3. The Vendor informs the Client via the website about the payment due date for the Service Reservation. If the payment is not made within the specified deadline (mentioned above), the Vendor, after an unsuccessful request for payment with an appropriate due date, may withdraw from the Contract of sale, under Article 491 of Civil Law.
VIII. Right to withdraw from the Contract of sale
1. A Client who is also a Consumer is entitled to withdraw from the Contract of sale without cause by submitting a withdrawal statement within 14 days.
2. The Client may formulate the withdrawal statement on their own or use the withdrawal form available on the Vendor’s website.
3. The 14-day deadline shall run from the day, when the Goods were delivered or, in case of Service provision agreement, from the day of the agreement conclusion.
4. Upon receiving a Contract of sale withdrawal statement, the Vendor will send to the Consumer’s email address a confirmation of receiving such statement.
5. The Consumer’s right of withdrawal shall be excluded in case of the following events:
a. Provision of services, if the Vendor has delivered the service in full with explicit consent of the Consumer, who has been informed prior to the service delivery that once the Vendor fulfills the service, the Consumer will no longer be entitled to withdraw from the Contract of sale.
b. Contract of sale in which the price or remuneration depends on fluctuations in the financial market over which the Vendor has no control and which may occur before the deadline for withdrawal.
c. Contract of sale the object of which are Goods non-prefabricated, manufactured according to the Consumer’s specifications or made in order to meet the Consumer’s individual needs.
d. Contract of sale the object of which are Goods which, owing to their nature, become inseparably connected to other products after delivery.
e. Contract of sale for the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering, services related to leisure activities and entertainment, sport or cultural events, if the contract defines a specific date or period of performance.
f. Contract of sale for supply of digital content which is not delivered on a tangible medium, if the performance has begun with the Consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
6. In case of withdrawal from a Contract of sale concluded at a distance, the Contract of sale is deemed non-concluded. What the parties have provided is returned in an unaltered state, unless the alteration was necessary in order to establish the nature, characteristics, and functioning of the Goods. The return of Goods should take place immediately, not later than within 14 days, to the address of the Vendor.
7. The Vendor is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer’s withdrawal statement, refund all payments made by the Consumer, including the original cost of delivery of Goods. The Vendor shall refund the payment using the same method of payment which was used by the Consumer, unless the Consumer has expressly agreed to a different way of refund, which does not incur any costs on the Consumer. The Vendor may delay the refund until the Goods or evidence of sending the Goods back is received, depending on which happens earlier, unless the Vendor has offered to collect the Goods from the Client.
8. If the Consumer selected a Goods delivery method other than the cheapest standard shipping option offered by the Vendor, the refund will not cover any additional costs incurred by the Consumer.
9. The Client will only bear the direct cost of returning the Goods, unless the Vendor agrees to pay this cost.
IX. Warranty claims concerning Goods
1. The Vendor is committed to deliver Goods without defects, except for used Goods which may have defects indicated in their description.
2. The Vendor shall be liable to the Client, who is also a Consumer, for defects in the Goods on the principles set out in Articles 556 – 576 of Civil Law. Warranty is excluded in case of Clients, who are also Entrepreneurs. For used Goods the warranty period lasts 1 year, in accordance with Article 568(1) of Civil Law.
3. Warranty complaints, concerning Contracts of sale concluded with the Vendor, resulting from violation of Client’s rights that are guaranteed legally or based on these Terms of sale, shall be submitted to: Indoor Golf sp z o.o. Braniborska 14, 53-680 Wrocław, phone: +48 717345767, email: info@indoorgolfwroclaw.pl. For the purpose of processing the complaint the Client shall send or deliver the Goods under complaint with the proof of purchase (if possible). The Goods must be delivered or sent to the address indicated in point IX.3 above.
4. The Vendor undertakes to consider every warranty complaint within 14 days.
5. In the event of complaint deficiency the Vendor, without delay, but no later than within 7 days from when the Client’s complaint was received, will call upon the Client to have the complaint completed to the extent necessary.
X. Warranty claims concerning electronic provision of services
1. The Client may submit complaints to the Vendor regarding the functioning of the website and use of the Services. Complaint shall be sent in writing to this address: Indoor Golf Sp z o.o. Braniborska 14, 53-680 Wrocław, phone: +48 717345767, email: info@indoorgolfwroclaw.pl. The complaint must include the Client’s full name, correspondence address, type and description of the encountered issue.
2. The Vendor undertakes to consider every warranty complaint within 14 days and, if this proves impossible, to notify the Client within this period about the time when the complaint shall be considered. In the event of complaint deficiency, within 7 days from when the complaint was received, the Vendor will call upon the Client to have the complaint completed to the extent necessary.
XI. Warranties
1. Goods may be covered by manufacturer or Vendor warranty.
2. In case of Goods covered by a warranty, the information about existence and content of the warranty is always presented in the Good’s description on the website.
XII. Out-of-court means of claim settling and asserting
1. Client, who is also a Consumer, has among others, the following options of out-of-court warranty claim processing and asserting:
a. application to the permanent Consumer Arbitral Court operating within the Trade Inspectorate for the resolution of the dispute arising from the concluded Contract of sale;
b. application to the regional Trade Inspectorate investigator with a request to initiate mediation proceedings aimed at amicable settlement of the dispute between the Client and the Vendor;
c. reaching out to county (municipal) consumer advocate or social organization, whose statutory tasks include consumer protection (for example Consumer Federation, Polish Consumer Association), in order to receive free help in resolving the dispute between the Client and the Vendor. Advice is available through the Consumer Federation hotline: 800 007 707, or through the Polish Consumer Association email: porady@dlakonsumentow.pl;
d. submitting a complaint through the EU Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/.
XIII. Personal data protection
Personal data provided by the Clients are collected and processed by the Vendor according to applicable laws and the Privacy Policy available at the Vendor’s website.
XIV. Final provisions
1. All rights to the website, including copyrights, intellectual property rights on its name, Internet domain, forms and logotypes, belong to the Vendor, and their use can be made only as indicated and in accordance with these Terms of sale.
2. Included in these Terms of sale provisions concerning Consumer’s rights to withdraw from the Contract of sale and warranty claims submission are applicable to natural persons concluding an agreement directly linked with their economic activity, because the agreement states that it does not hold any professional value for the person, resulting especially from the object of the economic activity performed by the person; the object being specified by the laws on Central Register and Information on Economic Activity. The provisions on out-of-court means of claim settling and asserting are not applicable in this case.
3. Any disputes arising between the Vendor and a Client, who is also a Consumer, shall be resolved by a court of competent jurisdiction, in accordance with the applicable provisions of the Code of Civil Procedure.
4. Any disputes arising between the Vendor and a Client, who is also an Entrepreneur, shall be resolved by a court having territorial jurisdiction over the Vendor.
5. Matters not regulated by these Terms of sale shall be governed by Civil Law, Act on Electronic Services, Consumer Rights Act and other applicable provisions of Polish law.
6. Any changes to these Terms of sale shall be communicated to all Clients by posting related information on the website, stating the list of modifications and a date of entry into effect. Additionally, Clients with a User account will be informed about the changes by email (using the email address specified by the Client). The date of entry into effect of the changes will not be less than 14 days from their announcement. Client, who has a User account and does not accept modified content of the Terms of sale, is obliged to inform the Vendor about it within 14 days from the date of Terms of sale change announcement. Informing the Vendor about refusal to accept the modified content of the Terms of sale results in termination of the agreement.
