Obchodné podmienky

OBSAH:

1. VŠEOBECNÉ USTANOVENIA
2. ELEKTRONICKÉ SLUŽBY V INTERNETOVOM OBCHODE
3. PODMIENKY UZATVORENIA KÚPNEJ ZMLUVY
4. SPÔSOBY A LEHOTY PLATBY ZA PRODUKT
5. NÁKLADY, METÓDY A DODACIA LEHOTA PRODUKTU
6. VŠEOBECNÉ PODMIENKY POSKYTOVANIA SLUŽBY MONTÁŽE VÝROBKOV
7. REKLAMÁCIA PRODUKTU
8. MIMOSÚDNE SPÔSOBY VYBAVOVANIA SŤAŽNOSTÍ
9. PRÁVO NA ODSTÚPENIE OD ZMLUVY
10. USTANOVENIA TÝKAJÚCE SA NESPOTREBITEĽOV
11. ZÁVEREČNÉ USTANOVENIA
12. VZOR ODSTÚPENIA OD DOHODY

Internetový obchod monkey-gym.com sa stará o práva spotrebiteľov. Spotrebiteľ sa nemôže vzdať práv, ktoré mu priznáva zákon o právach spotrebiteľov. Ustanovenia zmlúv, ktoré sú pre spotrebiteľa menej výhodné ako ustanovenia zákona o právach spotrebiteľov, sú neplatné a namiesto nich sa uplatňujú ustanovenia zákona o právach spotrebiteľov. Ustanovenia týchto pravidiel preto nie sú určené na vylúčenie alebo obmedzenie akýchkoľvek práv spotrebiteľov, ktoré im priznávajú záväzné právne predpisy, a prípadné pochybnosti by sa mali vysvetliť v prospech spotrebiteľa. V prípade akéhokoľvek nesúladu ustanovení týchto pravidiel s vyššie uvedenými ustanoveniami majú tieto ustanovenia prednosť a mali by sa uplatňovať.

1.1. The Online Store available at monkey-gym.com is run by MONKEY GYM Sp. z o.o. entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Kraków (Poland), under KRS number 0000933880, with a share capital of PLN 5.000,00, VAT Id 6783193833, REGON 520488080, with: address of the place of business and address for service: Os. Oswiecenia 38/92, 31-636 Kraków, e-mail address: office@monkey-gym.com and telephone number: (+48) 505 453 505, (+49) 1514 580 7555.

1.2. These Regulations are addressed to both consumers, entrepreneurs and other entities using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed only to a specific group of customers.

1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, for a period and based on the grounds and principles set out in the privacy policy published on the Online Store website. The privacy policy contains mainly rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).

1.4. Definitions:

1.4.1. BLOG – Electronic Service, an internet blog available in the Online Store and run by the Service Provider for all visitors to the Online Store.

1.4.2. WORKING DAY – one day from Monday to Friday, excluding public holidays.

1.4.3. CONTACT FORM – Electronic Service, a form available in the Online Store that allows you to send an inquiry to the Seller, among others. about the Product.

1.4.4. REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.

1.4.5. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment.

1.4.6. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes the capacity to exercisewną – who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.7. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

1.4.8. ACCOUNT – Electronic Service, marked with an individual e-mail address (e-mail address) and a password provided by the Service Recipient, a set of resources in the Service Provider’s IT system, in which the data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected. </ P >

1.4.9. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store. </ P >

1.4.10. OPINIONS – an Electronic Service available in the Online Store that allows Users to add opinions, ratings and comments regarding the Online Store, Products and concluded Sales Agreements.

1.4.11. PRODUCT – a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.

1.4.12. REGULATIONS – these regulations of the Online Store.

1.4.13. ONLINE STORE – the Service Provider’s online store available at the Internet address: monkey-gym.com

1.4.14. SELLER, SERVICE PROVIDER – MONKEY GYM Sp. z o.o. entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Kraków, under KRS number 0000933880, with a share capital of PLN 5.000,00, VAT Id 6783193833, REGON 520488080, with: address of the place of business and address for service: Os. Oswiecenia 38/92, 31-636 Kraków, e-mail address: office@monkey-gym.com and telephone number: (+48) 505 453 505, (+49) 1514 580 7555.

1.4.15. SALES AGREEMENT – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store, the subject of which may also be, depending on the Customer’s choice, the provision of additional services related to the Product (e.g. Product assembly service).

1.4.16. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.

1.4.17. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in the cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity – using or intending to use the Electronic Service.

1.4.18. CONSUMER RIGHTS ACT – the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).

1.4.19. ORDER – Customer’s declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

1.5 V prípade otázok týkajúcich sa bezpečnosti výrobkov sa obráťte na výrobcu a dovozcu - MONKEY GYM Sp. z oo so sídlom v Poľsku, Krakov 31-636, os. Oświecenia 38/92, zapísaná v obchodnom registri Národného súdneho registra vedeného Okresným súdom v Krakove, XIII. ekonomické oddelenie Národného súdneho registra pod číslom KRS 0000933880, so základným imaním 5 000,00 PLN, DIČ 6783193833, REGON 520488080, zodpovedná osoba podľa článku 16 GPSR - Alina Daribazaron, telefonicky na čísle +48 505 453 505 alebo e-mailom gprs@monkey-gym.com, alebo písomne na adresu: Krakow 31-636, os. Oświecenia 38/92, Poľsko.

2.1. The following Electronic Services are available in the Online Store: Account, Order Form, Contact Form, Blog, Newsletter and Opinions.

2.1.1. Account – using the Account is possible after completing two consecutive steps by the Customer – (1) completing the Registration Form and (2) clicking the “Register” field. In the Registration Form, it is necessary for the Customer to provide his e-mail address. The Service Recipient receives an automatic message with the generated Account password to the e-mail address provided in the Registration Form. The Service Recipient may change the password at any time after logging into the Account. An account can also be created by checking the appropriate checkbox when placing the Order – the account is created upon placing the Order.

2.1.1. 1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: office@monkey-gym.com or in writing to the following address: os. Oświecenia 38/92, 31-636 Kraków.

2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes two consecutive steps – (1) completing the Order Form and (2) clicking the “Confirm purchase” field on the Online Store website after completing the Order Form – until then it is possible to modify the entered data (including follow the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data regarding the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: type of Product (s), number of Product (s), Product features, additional services, place and method of delivery of the Product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number.

2.1.2.1. The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer stops placing the Order through it.

2.1.3. Contact Form – the use of the Contact Form takes place after (1) completing the Contact Form available in the “Contact” tab and (2) clicking the “Send” field on the Online Store website after completing the Contact Form – until then it is possible to modify the entered data (in for this purpose, follow the displayed messages and information available on the Online Store website). In the Contact Form, it is necessary for the Service Recipient to provide the content of the inquiry addressed to the Service Provider, as well as the following data regarding the Service Recipient: name and e-mail address to which the Service Provider’s reply should be sent.

2.1.3.1. The Electronic Contact Form service is provided free of charge and is of a one-off nature and ends when the inquiry is submitted through it or when the Customer ceases to submit the inquiry through it earlier.

2.1.4. Blog – using a Blog is possible after going to the appropriate tab with articles on the Online Store website. The blog is available to all visitors of the Online Store without the need to provide any data or register an Account. As part of the Blog, the Service Provider publishes articles related to the subject and assortment of the Online Store.

2.1.4.1. The Service Provider allows you to add comments under the Blog entries, which is done by entering the name and surname (identifier) and e-mail address of the Service Recipient, as well as the content of the added comment, and then clicking the “Publish a comment” field. The Users’ comments express only their own opinion and do not constitute the opinion of the Service Provider. It is not allowed to post unlawful comments that violate the rules of netiquette and contain information that is untrue or may mislead other Customers, as well as containing advertising content or directly or indirectly promoting other websites.

2.1.4.2. The Service Recipient may at any time and without giving a reason to stop using the Blog by closing the web browser. To make a comment added by the Customer visible on the website of the Online Store, the comment must be approved by the Service Provider in advance.

2.1.5. Newsletter – the use of the Newsletter takes place after providing the e-mail address to which subsequent editions of the Newsletter are to be sent in the “Newsletter” tab visible on the Online Store website and clicking the “Subscribe” field. You can also subscribe to the Newsletter by selecting the appropriate checkbox when creating an Account – at the moment creating an Account, the Customer is subscribed to the Newsletter.

2.1.5.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: office@monkey-gym.com or in writing to the following address: Os. Oswiecenia 38/92, 31-636 Kraków.

2.1.6. Opinions – adding an opinion is possible after completing a total of three consecutive steps by the Customer – (1) going to the reviews tab on the website of the selected Product, (2) entering the name and surname (identifier) and e-mail address of the Customer, as well as providing the content of the opinion and selecting the Product’s visual evaluation and (3) clicking the “Add review” field. The Service Recipient also has the option to attach to the added opinion photos of the Product selected from the memory of the Recipient’s end device. The Service Recipient using the Feedback Electronic Service is obliged to provide only reliable and true information. The Service Recipient is prohibited from posting offensive or factually inconsistent opinions.

2.1.6.1. The Electronic Feedback Service is provided free of charge and is of a one-off nature and ends when the evaluation is made through it or when the Customer stops using the Electronic Service. The visibility of the opinion issued by the Customer on the website of the Online Store requires prior approval of the opinion by the Service Provider.

2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) the recommended minimum screen resolution: 1024×768; (5) enabling cookies and Javascript support in the web browser.

2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, with respect for the personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The recipient is prohibited from providing illegal content.

2.4. The complaint procedure for Electronic Services:

2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 7 of the Regulations), the Customer may submit, for example:

2.4.1.1. in writing to the following address: Os. Oswiecenia 38/92, 31-636 Kraków;

2.4.1.2. in electronic form via e-mail to the following address: office@monkey-gym.com.

2.4.2. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the occurrence of irregularities; (2) the Service Recipient’s requests; and (3) contact details of the person submitting the complaint – this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

2.4.3. The Service Provider responds to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3.1. 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 point 2.1.2 of the Regulations.

3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. About the total price including taxes of the Product that is the subject of the Order, as well as the delivery costs awy (including fees for transport, delivery and postal services) and about other costs, and when the amount of these fees cannot be determined – about the obligation to pay them, the Customer is informed on the Online Store website when placing the Order, including when expressing by the Customer’s will to be bound by the Sales Agreement.

3.3. The conclusion of the Sales Agreement between the Customer and the Seller may also take place outside the Online Store, in particular at the Seller’s stationary premises. In this case, however, the conclusion of the Sales Agreement is not governed by the provisions of these Regulations, which apply only to online sales conducted by the Seller. The terms of sale in a stationary premises may differ from these Regulations, as well as the range of available Products along with their prices.

3.4. The procedure for concluding a Sales Agreement in the Online Store using the Order Form

3.4.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.

3.4.2. 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.

3.5. Consolidation, securing and providing the Customer with the content of the concluded Sales Agreement takes place by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.4.2. Of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.

4.1. Possible current payment methods are specified on the Online Store website in the “Payment and delivery” information tab and when placing the Order. The Seller provides the Customer with the following payment methods under the Sales Agreement:

4.1.1. Payment by bank transfer to the Seller’s bank account.

4.1.2. Electronic payments and card payments via Transfers24 and PayPal.com – detailed information on available payment methods is available on the website https://www.dotpay.pl and https://paypal.com/pl.

4.1.2.1. Settlements of transactions with electronic payments and payment cards are carried out in accordance with the Customer’s choice via Transfers24 or PayPal.com. The service of electronic payments and payment cards is provided in accordance with the Customer’s choice:

4.1.2.1.1. payment card operator PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000347935, NIP 7792369887, REGON 301345068.

4.1.2.1.2. PayPal.com – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.

4.2. Payment term:

4.2.1. If the Customer selects 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.

4.2.2. If the Customer chooses to pay in cash on delivery, the Customer is obliged to make the payment upon delivery.

5.1. The delivery of the Product to the Customer is payable, unless the Sales Agreement it states otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the “Payments and delivery” information tab and when placing the Order, including when the Customer expresses the will to be bound by the Sales Agreement.

5.2. The Seller provides the Customer with the following Product delivery methods:

5.2.1. Courier service, cash on delivery courier service.

5.2.2. Pallet shipment.

5.2.3. In the case of Large-size Products – the delivery is carried out by a transport company selected by the Seller, specializing in the transport of this type of goods.

5.3. The date of delivery of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, cannot exceed 7 Business Days. The start of the period for delivery of the Product to the Customer is counted as follows:

5.3.1. 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 or settlement account.

5.3.2. If the Customer chooses the method of payment in cash on delivery – from the date of the Sale Agreement.

6.1. In the Online Store, together with the Product, it is possible to purchase an additional Product assembly service by the Seller, which may occur by adding the assembly service to the basket before placing the Order, and then individually contacting the Seller after placing the Order in order to determine the possibility of using the Product assembly service.

6.2. The installation service covered by the Sales Agreement concluded between the Customer and the Seller is provided by default at the place of delivery of the Product indicated in the Order Form, not earlier than after delivery of the Product in accordance with point. 5 of the Regulations, including on the basis of additional arrangements made by the Customer and the Seller by electronic correspondence or telephone conversation after placing the Order, in particular regarding the exact date, method, cost and place of installation of the Product. The installation conditions may also be regulated by the provisions of a separate written agreement concluded by the Customer and the Seller outside the Online Store. In the event of a conflict of this agreement with these Regulations, the provisions of the agreement shall prevail, while in the other scope not covered by the agreement, these Regulations shall apply.

6.3. The seller may use third parties to perform the assembly service, to whom he will commission the performance of part or all of the service, provided that he is responsible for their omissions and actions as for his own. The seller ensures that the entity selected by him responsible for the performance of the assembly service has the appropriate qualifications and preparation required to provide the service.

6.4. The performance of the Product assembly service by the Seller is always confirmed by drawing up a written Product assembly protocol according to the template available on the Online Store website in the “Assembly” information tab. Lack of objections in the Product assembly protocol does not deprive the Customer who is a consumer of the possibility of complaining about the assembly if defects are found at a later time, if they result from reasons inherent in the service or the Product at the time of its release to the consumer. Complaints about the installation of the Product may be submitted by the Customer in accordance with the rules provided for in point 7 of the Regulations.

7.1. The basis and scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code (including Articles 556-576 of the Civil Code).

7.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information on the Seller’s liability for a Product defect and Customer’s rights are set out on the Online Store website in the information tab “Returns and complaints”.

7.3. In the case of Products described as used or defective, the Seller is obliged to provide the Customer with a Product consistent with the description contained on the Online Store website, including in particular a Product free from defects other than those indicated in the description of the Product for which The customer has been informed prior to making the purchase.

7.4. In the case of Products marked on the Online Store website as used or defective, with a detailed description of the Products along with a description of the defects of these Products, the Seller is released from liability under the warranty if the Customer knew about the defect at the time of concluding the contract, in accordance with art. 557 § 1 of the Civil Code.

7.5. In the case of Products marked as used on the Online Store website, the Seller’s liability is limited to a period of 1 year from the date of delivery of the item to the Customer, in accordance with art. 568 § 1 of the Civil Code.

7.6. The complaint may be submitted by the Customer, for example:

7.6.1. in person or in writing to the following address: Os. Oswiecenia 38/92, 31-636 Kraków;

7.6.2. in electronic form via e-mail to the following address: office@monkey-gym.com.

7.7. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

7.8. The Seller will respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has requested replacement of the item or removal of the defect, or submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request was considered justified .

7.9. The customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: ul. Wiślana 103, 34-116 Spytkowice. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery is borne by the Customer. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.

8.1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint and redress methods and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

8.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is among others, providing assistance to consumers in matters relating to out-of-court settlement of consumer disputes.

8.3. The consumer has the following exemplary possibilities of using out-of-court complaint and redress methods: (1) application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for an out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity by the Seller); and (3) 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). Advice is provided, inter alia, by e-mail at bilety@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the hotline is open on Working Days, from 8:00 to 18:00, connection fee according to the operator’s tariff).

8.4. At the address http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the website of the platform itself or at intern of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

9.1. The right to withdraw from a distance contract is not available to the consumer, among others in relation to a Sales Agreement, the subject of which is a non-prefabricated Product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs.

9.2. Subject to point 9.1 above, a consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the costs specified in point. 9.10 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example:

9.2.1. in person or in writing to the following address: Os. Oswiecenia 38/92, 31-636 Kraków;

9.2.2. in electronic form via e-mail to the following address: office@monkey-gym.com.

9.2.3. attached to the returned products ( ATTENTION! address for returns: ul. Wiślana 103, 34-116 Spytkowice)

9.3. An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in point 12 of the Regulations and on the website of the Online Store in the information tab “Returns and complaints”. The consumer may use the form template, but it is not obligatory.

9.4. The period for withdrawal from the contract begins:

9.4.1. for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) – from taking the Product into possession by the consumer or a third party designated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a specified period – from taking possession of the first of the Products;

9.4.2. for other contracts – from the date of concluding the contract.

9.5. In the event of withdrawal from a distance contract, the contract is considered void.

9.6. The seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until the Product is returned or the consumer provides proof of his return, whichever occurs first.

9.7. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: ul. Wiślana 103, 34-116 Spytkowice.

9.8. The consumer may also use the option of returning the Product via a carrier acting on behalf of the Seller. The consumer withdrawing from the Sales Agreement should inform the Seller about the intention to use this solution.

9.9. The consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

9.10. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:

9.10.1. If the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.

9.10.2. The consumer bears the direct costs of returning the Product. The consumer’s obligation to bear the costs of returning the Product applies to y also Products that, due to their nature (e.g. excessive size), cannot be returned by ordinary mail. For this purpose, the consumer may use the services of a selected carrier or logistic operator providing transport services of this type of goods. An example of the cost of shipping an oversized shipment can be checked by the consumer at the following address: https://monkey-gym.com/returns-and-refunds/ The consumer may also use the option provided for in point 9.8 of the Regulations – the Seller then informs the consumer before deciding on the amount of the Product return costs, and then deducts these costs with the amount returned to the consumer by the Seller for withdrawal from the Sales Agreement.

9.10.3. If the consumer has concluded a Sales Agreement for several Products and was entitled to free delivery due to the fact that the value of the Sales Agreement exceeded the amount specified by the Seller, then the consumer withdrew from the Sales Agreement for some of these Products or one Product, as a result of which the value of The Sales Agreement has decreased below the amount entitling to free delivery, the Seller is entitled to charge the consumer with the delivery costs of the remaining Products.

9.10.4. In the case of a service whose performance – at the express request of the consumer – began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of the payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

9.11. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:

9.11.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; (7) where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer has expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.

10.1. This point of the Regulations and the post The provisions contained therein apply only to Customers and Service Users who are not consumers and those to whom the provisions on consumer protection do not apply (e.g. entrepreneurs, budgetary entities, public finance entities).

10.2. The right to withdraw from a Distance Sale Agreement within 14 calendar days without giving the reason referred to in point. 9 of the Regulations, not entitled to Customers who are not consumers.

10.3. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar 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 Customer who is not a consumer against the Seller.

10.4. The Seller is entitled at any time to take steps to verify the truthfulness, reliability and accuracy of the information provided by the Customer who is not a consumer, in particular those provided when placing the Order. In terms of verification, the Seller is entitled, inter alia, to request from a Customer who is not a consumer to send a scan of the certificates, attestations or other documents necessary for verification. During the verification referred to in the preceding sentence, the Seller is entitled to suspend the Account or suspend the execution of the Order placed by the Customer who is not a consumer for the duration of the verification.

10.5. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

10.6. Upon the release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall be transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until its delivery to the Customer, and for delay in transporting the shipment.

10.7. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such parcels. If it finds that the Product has been lost or damaged during transport, it is obliged to take all steps necessary to determine the carrier’s liability.

10.8. If the Customer who is not a consumer uses additional services related to the Product via the Online Store, and the Seller entrusts the performance of these services in full to a third party, the selection and contact details of which he will then notify the Customer, the Seller’s liability towards the Customer who is not a consumer for the performance of services is limited only to cases where the damage was caused by failure to exercise due diligence in selecting the service provider by the Seller.

10.9. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a consumer is excluded.

10.10. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Customer an appropriate statement.

10.11. The liability of the Service Provider / Seller towards the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the price paid, delivery and installation costs under the Sales Agreement , but not more than up to the amount of PLN 1,000. The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damages predictable at the time of concluding the contract and is not responsible for the lost benefits in relation to the Service User / Customer who is not a consumer.

10.12. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.

11.1. Agreements concluded via the Online Store are concluded in Polish.

11.2. Change of the Regulations:

11.2.1. The Service Provider 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.

11.2.2. In the case of concluding continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services – Account), the amended Regulations bind the Service Recipient if the requirements specified in Articles 384 and 384 [1] have been maintained. Of the Civil Code, i.e. the Service Recipient has been properly informed about the changes and has not terminated the contract within 14 calendar days from the date of notification.In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.

11.2.3. In the event of concluding contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, amendments to the Regulations will not in any way infringe the acquired rights of Service Recipients / Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular, amendments to the Regulations will not apply affect the already placed or placed Orders and concluded, implemented or performed Sales Agreements.

11.3. 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 of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers – the provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws of 2000 No. 22, item 271 with as amended) and the Act on special conditions of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws of 2002, No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with customers who are consumers – the provisions of the Act on Consumer Rights; and other relevant provisions of generally applicable law.

11.4. These Regulations do not exclude the provisions in force in the country of habitual residence of the consumer concluding a contract with the Service Provider / Seller, which cannot be excluded by agreement. In this case, the Service Provider / Seller guarantees the consumer the protection granted to him on the basis of provisions that cannot be excluded by agreement.

13. PROPAGÁCIA "BLACK FRIDAY"
13.1. Táto časť Pravidiel špecifikuje podmienky akcie "BLACK FRIDAY" (ďalej len "Akcia"), ktorú uskutočňuje spoločnosť MONKEY GYM Sp. z o.o. v internetových obchodoch dostupných na https://monkey-gym.com/ a https://monkey-gym.com.de/ ("Internetový obchod").

13.2. The organizer of the Promotion is MONKEY GYM Sp. z o.o. with headquarters in Krakow 31-636, Os. Oswiecenia 38/92, entered into the register of enterprises of the National Court Register kept by the District Court of Kraków, XIII Commercial Division of the National Court Register under the number KRS 0000933880, REGON 520488080, VAT Id 6783193833, with share capital in the amount of PLN 5.000,00 fully paid up.

13.3. During the Promotion, the Organizer allows the customers of Online Stores to obtain a discount of 5%, 7%, 10% for individual selected products, deducted from the current price of the purchased products. The list of products excluded from the promotion is provided in point 13.10 of the Regulations. Discounts are not combined with discounts granted for other promotions and discounts, and do not include delivery or assembly costs, but depend on the value of the products in the order as follows:

13.3.1 5% zľava pri nákupe nad 430 EUR

13.3.1 zľava 7 % pri nákupe nad 650 EUR

13.3.1 10% zľava pri nákupe nad 860 EUR

13.4. The promotion is valid in selected Stores from November 25, 2022 to November 27, 2022 at 23:59:59 or until the Promotion is canceled by the Organizer. The Organizer reserves the right to end the Promotion early or to exclude individual products from the Promotion during its duration due to the depletion of stocks and the inability to complete the order with the waiting period. Orders placed with a waiting period using a promotional code as part of the Black Friday Promotion require additional confirmation by the Seller about the possibility of implementation and delivery dates. The organizer reserves the right to cancel an order placed with a waiting period as part of the Black Friday Promotion.

13.5. Participation in the promotion is voluntary. To participate in the Promotion, during the Promotion Period:

13.5.1 prečítať si a prijať pravidlá propagačnej akcie obsiahnuté v týchto pravidlách obchodu;

13.5.2 pridať vybrané produkty do košíka;

13.5.3 pred zadaním a zaplatením objednávky – v sekcii Košík – zadajte vybraný propagačný kód: BLACK5, BLACK7, BLACK10 a stlačte tlačidlo "Použiť propagačný kód".

13.6. Failure to enter a promotional code means that the Buyer has waived the right to use the promotion in relation to a given transaction. In such a situation, upon the conclusion of the purchase transaction, he / she finally loses the right to benefit from the Promotion in relation to the transaction and cannot claim any discounts on this account.

13.7. Returns or complaints about products purchased as part of the Black Friday Promotion can be made in accordance with the Store Regulations, in particular paragraphs 7 and 9 of the Regulations.

13.8. Complaints related to participation in this Promotion should be submitted within 14 days (in words: fourteen days) from the date of the end of the Promotion to the Organiser’s correspondence address or to the e-mail address office@monkey-gym.com. The organizer will respond to the allegations within 14 days (in words: fourteen days) from the date of its receipt and will inform the client in writing to the address provided in the complaint or via e-mail, according to the client’s choice.

13.9. The content of these Regulations is available for viewing on the website of the Online Store. In justified cases, the Organizer reserves the right to change the rules of the Promotion or change the term of this Promotion without reducing the rights acquired by customers before the date of the change. For all matters not regulated in these Regulations, the Basic Regulations of the Store or generally applicable provisions of law shall apply.

13.10. List of products excluded from the “Black Friday” promotion:

13.10.1 čalúnené panely

13.10.2 Hracie podložky

13.10.3 Mamut, Mamut Light ihrisko

13.10.3 Cvičebné pásy TRX

13.10.4 Kompozitné zaťaženie

13.10.5 Riečne kamene

13.10.6 Senzorické disky

13.10.7 Stany pre bocianie hniezda

13.10.8 Bocianie hniezdo 120cm (SKU 19146)

10/13/9 hojdacia stolička Hudora

13.10.10 plastové hojdacie sedadlo (SKU 28983)

13.10.11 deky pre rockera MONKEY

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