THE TERMS AND CONDITIONS
OF THE SONDASPORTS.COM ONLINE STORE
The Company has determined these Terms and Conditions in order to establish rules for the sale of Company’s electronic devices (Trackers) collecting athletes’ training data, as well as the sale of Accessories and additional Peripheral devices. These Terms and Conditions include, in particular, provisions relating to the method of placing orders, payment, and the rights and obligations of the Company and the Buyers. These Terms and Conditions are available at any time on the Store website in a way that allows Buyers to access, open and save them. These Terms and Conditions apply to Buyers who are Consumers and Entrepreneurs.
The terms used herein shall mean:
The Company – SONDA SPORTS, a limited liability company based in Wroclaw, ul. Wagonowa 2C, 53-609 Wroclaw, Poland, entered into the Register of Entrepreneurs kept by the District Court for Wroclaw-Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register, under KRS number: 0000506708, NIP (tax identification number): PL 8971798074, REGON (state statistical number): 022392201, which sells specific products in the Store;
Store – a collection of web pages managed by the Company, allowing the Buyer to purchase Trackers, Accessories and additional equipment offered for sale by the Company. This collection is available at store module on sondasports.com/shop ; and all it’s language variants
Tracker – an electronic device made available to the Buyers by the Company for sale in the Store, intended for collecting training data;
Peripheral devices – equipment made available to the Buyer by the Company for sale in the Store;
Accessories – additional items made available by the Company to the Buyer for sale in the Store, including sportswear;
Entrepreneur – an entrepreneur within the meaning of the Act of 23 April 1964 – Civil Code (consolidated text: Journal of Laws of 2014, item 121), i.e. a natural person, a legal person or an organisational unit conducting business or professional activity on its own behalf;
Consumer – a consumer within the meaning of the Act of 23 April 1964 – Civil Code consolidated text: Journal of Laws of 2014, item 121) i.e. a natural person performing a legal transaction with the Company that is not directly related to his/her business or professional activity;
The Buyer – a person or entity using the SONDA SPORTS Store who is an Entrepreneur or a Consumer;
VAT taxable person – an active Value Added Tax taxable person registered in Poland in accordance with the provisions Act on the Goods and Services Tax Act.
Foreign VAT taxable person – an active Value Added Tax taxable person registered for the purposes of this tax in the EU.
Taxable person from a Third country – a taxpayer entitled to account for tax on acquisition, having the registered office or a place of business in a Third country.
Third country – all countries outside the EU, as well as territories excluded from the EU under separate regulations.
II. GENERAL CONDITIONS OF USE OF THE STORE
1. Using the Store is conditional on the Buyer possessing:
a) a computer or another device with Internet access and one of the following web
● Mozilla Firefox version 8.0 and higher,
● Internet Explorer version 9.0 and higher,
● Opera version 10 and higher,
● Google Chrome version 17 and higher,
● Safari version 9.1.3 and higher,
● or any other compatible web browser, with enabled cookies
b) an active email account
2. The Buyer is prohibited from providing any illegal content, as well as from adopting measures that may cause interference in or damage to the Store. The Buyer is obliged to refrain from any activity that could affect the proper functioning of the Store, including, in particular, from any interference with the content of the Store or its technical elements.
3. The Buyer can use the Store through persons authorised to act on his behalf.
4. The Buyer is obliged not to disclose his username and password which are used to log in to the Store to third parties.
5. Using the Company's name, Store logo, graphic elements of the Store and the Store layout by the Buyer is prohibited except as expressly provided in these Terms and Conditions or when the use of the indicated objects of copyright and industrial property right is possible on the basis of express written consent of the Company or authorised third parties. The Buyer is forbidden to adopt any measures reproducing the Store, including in particular on websites and web domains associated with the Buyer.
6. If the Buyer obtains any information about unauthorised use of his account or password, as well as about any other case of violation of these Terms and Conditions, he is obliged to immediately notify the Company through the support platform available at: help.sondasports.com or the support menu. The Company is not responsible for the unauthorised use of the Buyer’s account or password by a third party.
III. SALE OF PRODUCTS OFFERED BY THE COMPANY
1. As part of its activities, the Company offers Trackers, additional Peripheral devices, and Accessories for sale. Purchasing a Tracker allows the User to use the following services provided by the Company:
● recording and automatic analysis of data collected by the Tracker,
● providing Users personalised, detailed activity reports and the current and historical status of progress and physical condition,
● providing information about the possible risk of injury.
2. Use of the services described above is based on rules defined in separate terms and conditions available at www.sondasports.com/terms-and-conditions.
3. All the products offered by the Company for sale are new.
4. All the sold products include a detailed description of their properties corresponding to the description of the manufacturer.
5. The Buyer selects products for purchase from the current product range available in the Store.
6. Product purchase is possible both without registration (creating an account on the Store website), and after the registration in accordance with chapter IV.
7. The detailed rules on how to place orders are specified in chapter V.
IV. REGISTRATION ON THE STORE WEBSITE
1. Registration on the Store website requires a joint fulfilment of the following conditions:
a) correctly filling out the form available on the Store website by providing details identifying the Entrepreneur, details identifying the VAT taxable person, the Foreign VAT taxable person, the Taxable person from a Third country, including: full name, registered office, NIP number, as well as e-mail address, and entering the password
b) accepting the Terms and Conditions,
c) consenting to the processing of personal data to the extent necessary to establish, determine the content, change, cancel and ensure proper performance of the services supplied by the Company by electronic means, and to perform the contract of sale concluded by the Buyer.
2. If the User wishes to receive the Company's newsletters by e-mail, a separate consent is required from the User.
3. Registration on the Store website is free of charge.
4. In the case of a legal person and an organisational unit without legal personality, registration on the Store website, as well as all other actions of this entity within the Store, may only be performed by a person who is authorised to take all the actions related to the use of the Store (including registration) on behalf of that entity and to exercise all the rights and obligations of this entity as a Buyer.
5. After registering on the Store website, each login is performed using the data provided in the registration form.
6. In the case of any changes in the Buyer's data provided during registration, the Buyer should update them immediately using the appropriate form available in the Store.
7. Upon registration on the Store website, the Buyer’s account is created and it comprises the collection of resources where the information about the Buyer and his activity in the Store in connection with the concluded contracts is gathered. As part of his account, the Buyer has, among others, access to the history of his orders in the Store.
V. PLACING ORDERS
1. GENERAL PROVISIONS
a) Information on the products does not constitute an offer within the meaning of Article 71 of the Civil Code but an invitation to submitting offers (orders) by the Users.
b) All prices of products in the Store are in EUR and do not include VAT or foreign VAT or any other tax on purchase and other required public dues such as customs duty and delivery costs.
c) The final purchase price of products is determined after selecting the method of delivery and specifying the place of delivery. The final price (i.e. the price of products with VAT or foreign VAT or other taxes arising from the purchase that are paid by the Buyer, with the costs of delivery) is indicated before placing an order by the Buyer. The final price does not include customs duty (if applicable), which is regulated in chapter VI paragraph 3.
d) The delivery costs depend on the Buyer’s address and the method of delivery of the products, on the value and size of the order. These costs are specified upon choosing the method of delivery of the product by the Buyer.
e) In the case of delivery of products to the Buyer residing or having his registered office in Poland, the VAT will be added in the amount determined in accordance with the regulations in force on the date of the invoice.
f) In the case of delivery of products to a Buyer who is also a Foreign VAT taxable person, the Buyer will be entitled to account for VAT on the delivery of products in the country of his registered office or place of business.
g) In the case of delivery of products to a Buyer who is also a Taxable person from a Third country, the Buyer will be entitled to account for the tax on acquisition in accordance with the provisions in force in the Third country concerned.
h) By placing an order, the Buyer makes an offer to purchase a particular product.
i) Orders are implemented within the territory of Poland and outside its borders.
j) The Buyer can place orders in the Store 7 days a week, 24 hours a day, subject to the other provisions of the Terms and Conditions, in particular, the provisions relating to technical breaks. Orders placed during public holidays will be accepted for processing at the earliest on the first working day following the day on which the order was placed. In the case of concluding contracts outside of the Store (e.g. during a conference or trade fair), the Buyer places an order by completing the order form which will be provided to him by the Company. In such a case, a confirmation of receipt of the order will be sent to the e-mail address of the Buyer, and the provisions of paragraph 2 letters
g) and subsequent shall be applicable for the next stages of order fulfilment.
k) The individual settings of a computer or another device of the Buyer can cause differences between the visualisation of a product on that computer or another device of the Buyer and the actual appearance of the product (e.g. colour, proportions, etc.).
l) The Company reserves the right to change the prices of products on an ongoing basis and to run and cancel any kinds of promotional campaigns. The right referred to in the previous sentence does not affect orders placed before the date of entry into force of changes in the price or terms of promotional campaigns.
2. PLACING ORDERS
a) If the order is placed by a Buyer who has an account in the Store, he should log in to his account to place the order.
b) In the case of using the Store, including the conclusion of a Contract of Sale without registering, Buyers are obliged to accept the Terms and Conditions. A Buyer concluding a Contract of Sale without registration is obliged to fill out all the sections of the form correctly and provide the details necessary to establish, determine the content, change, terminate and properly implement the Contract of Sale concluded by the Buyer in accordance with the actual state.
c) To place an order, the Buyer selects products covered by the order. When choosing products, the Buyer can freely manage his order by adding more products, as well as by removing them.
d) After the final selection of goods for purchase, the Buyer will be redirected to an online form used to place orders in the Store. The order form may consist of subforms used to determine among others: method of delivery, delivery address, method of payment.
e) The Buyer confirms the order by clicking on the appropriate button on the Store website.
f) Placing an order constitutes an offer within the meaning of the Civil Code, made by the Purchaser to the Company and involves the obligation to pay.
g) A confirmation of receipt of the order will be automatically sent to the e-mail address of the Buyer. The confirmation of receipt of the order does not constitute an acceptance of the order for implementation.
h) If the implementation of the order is possible, an email will be sent to the Buyer with order confirmation (acceptance of the offer). If the Company determines that the order was placed incorrectly, the Company shall inform the Buyer of same.
i) The contract is concluded upon the Company sending the Buyer information on order acceptance.
j) If the ordered products are unavailable or it is impossible to implement the order due to other reasons, including the case when purchasing from the manufacturer or supplier is not be possible in the period planned for order implementation, the Company will immediately inform the Buyer about the this situation by sending him an e-mail.
1. GENERAL PROVISIONS
a) Payment for the purchased product can be made only before the receipt of the ordered product (advance payment) via the electronic payment system selected in the order form. In this case, the order shall be implemented after the Company receives a confirmation that the payment has been credited to its bank account or a confirmation that the Buyer made the payment correctly through one of the electronic payment systems accepted at that time by the Company, from the entity processing these payments.
b) The Buyer purchases products in accordance with the price and other costs making up the final price referred to in chapter V paragraph 1.
c) If the due payment was not collected because of, for example, the lack of funds in the User’s bank account, the order will not be implemented. In this case, the Buyer should once again place an order and proceed to payment. Orders will be implemented only if the due payments are effectively collected.
d) In the absence of the possibility to collect the due payment as referred to above, the Company will inform the Buyer of same by e-mail.
a) Invoices documenting the sale of all products supplied by the Company and correcting invoices will be issued in accordance with the provisions on the Goods and Services Tax Act of 11 March 2004 (consolidated text in the Journal of Laws of 2011, No. 177, item 1054, as amended) in force on the date of issue of the invoices.
b) By accepting these Terms and Conditions, the User agrees that the Company will issue the invoices in electronic form.
3. CUSTOMS DUTY
a) In the case of the delivery of products to Third countries, customs duty shall be calculated according to the rates applicable in the country of import from the customs value of the products.
b) The country of import is a country in which the products purchased from a Third country have been cleared.
c) The Company commissions the carrier to perform customs clearance. The Buyer pays customs duties to the carrier.
d) The amount of customs duty is determined according to the regulations in force in the Third country.
1. Goods purchased in the Store are delivered to the address indicated by the Buyer.
2. Goods purchased in the Store are delivered by the carrier by order of the Company.
3. The delivery of products is organised under Incoterms 2010 DAP rules, the seller is responsible for delivery of the goods, ready for unloading, at the named place of destination.The seller assumes all risks involved up to unloading. Unloading is at the buyer’s risk and cost. DAP can apply to any—and more than one—mode of transport. The Buyer and the Company should specify and agree upon the unloading spot at the named place of destination. Unless otherwise agreed between both parties, the Company cannot request renumeration for unloading costs incurred under the contract of carriage. DAP rules require the Company to clear goods for export, where applicable, without any obligation to clear the goods for import, pay import duty or carry out import customs formalities.
4. Delivery costs depend on the method of delivery chosen by the Buyer, on the value and size of the order. These costs are specified each time upon choosing the method of delivery of the product by the Buyer, before and after placing the order.
5. The Company publishes information on delivery term on the product’s page on the Store website. The above information is the approximate time counted from the moment of order acceptance. The delivery time depends on the availability of the product and the place of delivery.
6. The Company is not responsible for failure to deliver the product for reasons attributable to the Buyer, e.g. if the Buyer provided wrong delivery address.
7. If the product is sent to the Buyer by means of a carrier, the Buyer is obliged to examine the package in the time and manner customary for packages of this kind. If a Buyer who is an Entrepreneur finds that the product has been damaged or has become defective during transport, he is obliged to undertake all actions necessary to determine the liability of the carrier.
8. If the product delivered to the Buyer who is an Entrepreneur is not collected within one month of the date of the first delivery, the Buyer may contact the Company using the contact details set out in chapter XIV with a request to resend the ordered product at the expense of the Buyer. In the case of ineffective expiry of the deadline referred to in the previous sentence, the ownership of the product is transferred to the Company and the Buyer shall not have the right to demand the refund of the payment. In such a case, the Company has the right to charge the Buyer with all costs associated with returning the product.
9. If a Buyer who is a Consumer does not collect the product delivered to him, the Company will inform the Buyer by e-mail that delivery was unsuccessful and that he has the possibility of collecting the product within one month of the date of the first unsuccessful delivery, with the provision that in the event of failure to collect the goods within this period, the Company may withdraw from the contract of sale. The information referred to in the preceding sentence will be sent to the Buyer by e-mail. In order to exercise the right of withdrawal, the Company will send an e-mail to the Buyer with a statement of withdrawal from the sales contract. In this case, the contract shall be deemed not to have been concluded and the parties are required to return mutual considerations, i.e. the Company shall return the payment for the product to the Buyer within 14 days of the date of expiry of the deadline referred to in the first sentence, and the Company shall retain the ownership of the product. The Company is also entitled to demand compensation from the Buyer for the damage resulting from the failure to collect the product, e.g. the right to demand that the Buyer incurs the costs associated with returning the product to the Company.
VIII. TERMS OF WARRANTY AND COMPLAINTS PROCEDURE
1. GENERAL PROVISIONS
a) The provisions of this paragraph shall apply to Buyers who are Entrepreneurs and Consumers.
b) The Company offers Buyers online technical support provided in the form of the support platform available on the Store website.
c) Queries should be submitted using the form available on the support platform available
on the Store website and the instructions provided by the support platform should be followed.
d) Moreover, issues reported via the following social media profiles will be examined:
twitter.com/sondasports and facebook.com/SondaSports.
e) Our support platform at help.sondasports.com is available 24 hours a day.
f) Replies are provided immediately, no later than within two business days.
g) Buyers have the rights under statutory warranty and guarantee, under the conditions
described in detail below.
h) Liability under the guarantee covers only defects arising from causes inherent to the
product sold. The guarantee does not cover damage done to the product after the sale for other reasons, in particular:
● mechanical damage to equipment and the resulting faults; including any damage during transport;
● damage and defects caused by use, storage, maintenance, or installation that is improper or inconsistent with the manual;
● repairs of equipment by unauthorised persons.
i) The costs associated with the shipment of the faulty product shall be borne by the
Company which will provide the Buyer with transport documents on the basis of which the Buyer will return the product free of charge.
j) The Company does not make repairs at the place of residence of the Buyer or at his
registered office address.
k) Warranty for case and tracker is 2 years and for sportswear and heart rate monitor is 1 year.
2. TERMS AND CONDITIONS OF CONSUMER COMPLAINTS
a) The provisions of this paragraph shall apply only to Buyers who are Consumers.
b) The Company shall be liable to the Buyer if the product sold has a physical or legal
defect (statutory warranty).
c) In particular, the Company shall be liable to the Buyer if the product sold is not in
conformity with the contract, i.e.:
● it does not have the properties that this type of product should have considering the purpose indicated in the contract or resulting from the circumstances or intended use;
● it does not have the properties which the Company guaranteed to the Buyer, including when presenting a sample or a model product;
● it is not suitable for the purpose of which the Company was informed by the Buyer at the conclusion of the contract, and to which the Company did not raise any objections;
● it was issued to the Buyer incomplete.
d) Regardless of the method of filing a complaint by means of the support platform, if the sold product has a defect, the Buyer may make a statement of price reduction or of withdrawal from the contract, unless the Company replaces a defective product – promptly and without undue inconvenience to the Buyer – for a defect-free product, or removes the defect. This limitation does not apply if the product had already been replaced or repaired by the Company or the Company did not meet the obligation to exchange the product for a defect-free one or to remove the defect.
e) Instead of the removal of the defect proposed by the Company, the Buyer may demand that the product should be replaced with a defect-free one, or instead of a replacement demand the removal of defects, unless bringing the product into conformity with the contract in a manner chosen by the Buyer is impossible or involves excessive costs in comparison with the method proposed by Company. The assessment of these costs shall take into account the value of a defect-free product, the nature and importance of the defect, and shall also take into account the inconvenience to which the Buyer would be exposed in the case of a different solution.
f) The proportion of the reduced price to the contractual price should be the same as the value of the faulty product to the value of a defect-free product.
g) The Buyer cannot withdraw from the contract if the defect is insignificant.
h) Notwithstanding the above-mentioned rights, the Buyer is also entitled to exercise the rights conferred to him under the guarantee. Guarantee information and its conditions, as well as the related rights, are included in the warranty cards attached to the products sold by the Company.
i) If it is necessary to return the product due to the complaint made by the Buyer, the Buyer shall fill out the appropriate form on the support platform or fill out and email the Company Appendix 2.
3. TERMS AND CONDITIONS OF COMPLAINTS FROM ENTREPRENEURS
a) The provisions of this paragraph shall apply only to Purchasers who are Entrepreneurs.
b) In the event of a malfunction or breakdown, the Buyer is obliged to firstly use the help of the support described in paragraph 1. The Buyer is entitled to start the complaint procedure described in the warranty card in accordance with letter c) only in the absence of a reply within the period specified in paragraph 1 letter f) or if it is impossible to help online.
c) Information regarding the warranty period and its terms and conditions, as well as the related rights is included in the warranty cards attached to the products sold by the Company.
d) As part of the guarantee, the Buyer is entitled to request the repair or replacement of the product for a defect-free one. These claims should be addressed directly to the manufacturer: Sonda Sports, Wagonowa 2C, 53-609, Wroclaw, Poland.
e) If it is impossible to exercise the rights referred to in letter d), the Buyer will be informed of that. In such case, the Buyer shall be entitled to claim a refund. However, the Buyer should firstly proceed according to letter d).
f) The rights referred to in letters d) and f) may be exercised by the Buyer within the period specified in the warranty card.
g) If it is necessary to return the product due to the complaint made by the Buyer, the Buyer shall fill out the appropriate form on the support platform.
h) Pursuant to Article 558(1) sentence 1 of the Civil Code, the liability of the Company under the statutory warranty is excluded.
IX. TECHNICAL BREAKS
1. The Company, to the fullest extent permitted by law, shall not be responsible for any interference, including breaks, in the functioning of the Store, caused by force majeure,
equipment failure, illegal interference of third parties or overload of the Store even if it resulted in the loss of Buyers’ data, unless the aforementioned result from wilful misconduct of the Company.
2. Due to the continuous improvement of the Store, the Company reserves the right to make changes to the offered services and Store activity. As a result of the changes, it may be necessary for Buyers to use an updated version of the Store.
3. The Company reserves the right to interruptions in access to the Store caused by technical servicing, maintenance work or work on improving Store functionalities.
4. The Company undertakes to always take due care to ensure that the continuous operation of the Store is restored immediately, unless exceptional circumstances occur.
5. Whenever possible, the Company will inform the Buyers in advance of planned technical breaks in Store operation.
6. The Company shall take due care to secure the Store against unlawful access by third parties. The Company, to the greatest extent permitted by law, shall not be liable for unauthorised and illegal access by third parties to the Store and for obtaining any data in this way. Furthermore, the Company, to the greatest extent permitted by law, shall not be liable for nonperformance or improper performance of the services provided by the payment processor.
The Company does not examine the health of the Buyers, nor does it have the proper knowledge about their health condition, past illnesses, disorders and dysfunctions. These factors may affect Buyers’ possibility of practicing sports. For this reason, Buyers should regularly consult specialist doctors and keep track of their health on a regular basis.
XI. RIGHT OF WITHDRAWAL
1. The provisions of this section apply to Buyers who are Consumers.
2. The Buyer may withdraw from the contract concluded with the Company within 14 days since delivery without giving any reason and at no cost, with the exception of the costs referred to below. Appendix 1 hereto contains information about the right of withdrawal, including in particular information on how and when to exercise the right of withdrawal, and the cost of returning the product in the case of withdrawal from the contract, which shall be borne by the Buyer.
3. A product that is subject to return by the Buyer exercising his right to withdraw from the sales contract cannot bear traces of use in a different way than it was necessary to establish the nature, characteristics and functioning of the product. The Buyer has the opportunity to establish the nature, characteristics and functioning of the product only to the extent and in the manner in which he could do in a physical retail store.
4. The period of withdrawal starts when the Buyer or an indicated third party other than the carrier comes into possession of the product, and in the case of a contract which includes a number of products delivered separately, in batches or in parts – from the moment of coming into possession of the last product, batch or part.
5. In order to exercise the right of withdrawal, the Buyer should fill out the withdrawal form available directly on the website or fill out the declaration appended hereto (Appendix 1) and send it by email to the Company. If the Buyer uses the first withdrawal option, the Company will send him a confirmation of receipt of the withdrawal notice by e-mail.
6. In the case of withdrawal from a distance contract, the contract is deemed not to have been concluded. If the Buyer filed a statement of withdrawal from the contract before the Company accepted his offer, the offer ceases to be binding.
7. In the event of withdrawal, the Buyer is obliged to return the product to the Company immediately, however, no later than within 14 days of the date on which the Buyer informed the Company of the withdrawal. To meet the deadline, it is sufficient if the Buyer returns the product before the expiry of the 14-day deadline to the following address: Sonda Sports sp. z o.o, Wagonowa 2C, 53-609, Wroclaw, Poland, with a note “Return”. The Buyer is obliged to bear the direct costs of returning the product.
8. In the event of withdrawal from the contract, the Company shall immediately, not later than within 14 days of the date of receipt of the Buyer’s statement of withdrawal from the contract, return the Buyer all payments received from him, including the costs of delivering the product, via the same payment system (e.g. PayPal) as the one which was used to pay for the product. 9. The Company may wait with the refund of payments received from the Buyer until the earlier of: (I) the receipt of the product by the Company or (II) the delivery of proof of returning the product by the Buyer.
10. The Buyer shall be liable for any reduction in the value of the product as a result of using it in a manner other than specified in paragraph 2, second sentence, i.e. in a different way than it was necessary to establish the nature, characteristics and functioning of the product. If the returned product has been damaged due to the actions of the Buyer as described above, the Company shall be entitled to set off its rightful claims resulting from the liability of the Buyer related to the reduction of the value of the product against the claim of the Buyer, i.e. his right to a refund of payments made to the Company.
XII. PROTECTION OF PERSONAL DATA AND SECURITY OF DATA
1. Buyers’ personal data will be processed by the Company, as the personal data controller, in order to provide services to the Buyer by the Company, as well as, subject to the consent of the Buyers, for marketing purposes related to Company’s operation. The collected data are processed in accordance with the provisions of the Personal Data Protection Act of 29 August 1997 (Journal of Laws of 1997, No. 133, item 883, as amended) and the Electronic Services Act of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended).
2. Provision of personal data by the Buyer is voluntary. However, the lack of consent to the processing of personal data by the Company may prevent the Company from providing services by electronic means and prevent the Buyer from purchasing in the Store.
3. The Buyer’s personal data may be disclosed to entities authorised to obtain them under the applicable provisions of law, including the relevant judicial authorities. The Buyers’ personal data may also be disclosed – in the necessary and required scope – to third parties, including entities performing on behalf of the Company activities related to the contract concluded with the Buyer, among others, entities delivering the products ordered.
4. The Company allows Buyers whose personal data it is processing to exercise their rights under the Personal Data Protection Act, including, but not limited to, the right to access and amend their personal data, and the right to control the processing of their personal data on the terms described in the Act.
5. In the framework of exercising the right to control the processing of his personal data, the Buyer shall in particular, have the right to request that the Company cease the processing of his data due to his special situation, and also to object to the processing of his data. The request and the objection may be made by the User by means of the support platform.
6. Confidential information concerning the Buyers, including the personal data of the Buyers, is protected by the Company against its disclosure to unauthorised persons, as well as other cases of its disclosure or loss, and against destruction or unauthorised modification of the data and information, through the use of appropriate technical and organisational security measures.
7. The Company indicates that the data are stored on AWS servers located in Ireland and Germany.
2. Cookies are computer data, in particular, text files, sent by a web server, which are stored on the Buyer’s end device and used by the Store’s website. Cookies contain the name of the originating website, their storage time on the end device, and a unique number. The default parameters of the cookies allow reading the information contained in them only by the server that has created them.
3. Cookies are used:
a) to adapt the content of the Store website to Buyer’s preferences and to optimise the use of websites; in particular, these files allow to recognise the Buyer's device and properly display the web page tailored to his individual needs;
b) for analytical and statistical purposes (analysis of Buyers’ behaviour on the Store website, marketing preferences and for adjusting the content to the individual needs of Buyers);
4. In many cases, the software used to browse the Internet (web browser) allows by default to store cookies on the Buyer’s end device.
5. The Buyer can at any time change his cookies settings by specifying the conditions for their storage or cookies’ access to the Buyer's device. The Buyer can change the settings referred to in the previous sentence by changing the settings of the software installed on his telecommunications end device or by service configuration. The settings can be changed, in particular, in such a way as to block the automatic handling of cookies in the web browser settings or alert the Buyer each time cookies are created on his device. Detailed information on the possibilities and ways of handling cookies is available in the software (web browser) settings.
6. Cookies created on the Buyer's end device can also be used by advertisers and partners cooperating with the Seller.
7. The Buyer can always delete the cookies using the features available in the web browser.
Buyers can contact the Company as follows:
a) in writing – to the correspondence address: SONDA SPORTS Sp. z o. o., ul. Wagonowa 2C, 53-609 Wrocław (Poland)
b) by telephone: +48 576 988 155
c) electronically – e-mail address: firstname.lastname@example.org or email@example.com
XV. FINAL PROVISIONS
1. Changes to these Terms and Conditions do not apply to contracts concluded before the entry into force of the new Terms and Conditions.
2. All actions under these Terms and Conditions and all matters not regulated herein are governed by the provisions of Polish law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
3. If any provision of these Terms and Conditions is not compliant with the applicable law, the relevant provisions of Polish law will apply in place of the questioned provision of the Terms and Conditions. In the case that any provision of these Terms and Conditions is ineffective in whole or in part, the remaining provisions shall remain in force.
4. Any disputes arising between a Buyer who is an Entrepreneur and the Company shall be settled by the court having jurisdiction over the registered office of the Company.
5. These Terms and Conditions come into force on: 14.07.2020
APPENDIX 1 – SPECIMEN STATEMENT OF WITHDRAWAL FROM THE CONTRACT
City, date .............................................
Full name(s) of the consumer(s) .......................................................
Address of the consumer(s) .......................................................
STATEMENT OF WITHDRAWAL FROM A DISTANCE CONTRACT
I / We(*) ...................................... hereby inform you of my/our (*) withdrawal from the contract for the provision of the following service(*)
Date of contract conclusion(*) ..................................................
Signature of the consumer(s) ................................................
(*) Delete as appropriate
SONDA SPORTS Sp. z o. o.
ul. Wagonowa 2C 53-609 Wroclaw (Poland)
APPENDIX 2 - COMPLAINT APPLICATION FORM
City, date .............................................
Full name(s) of the consumer(s).......................................................
Address of the consumer(s).......................................................
I / We(*) ...................................... hereby inform you of my / our(*) complaint in regard to
the following product/s (*) ...........................................................................
Order number ..................................................
Date of delivery …………………………………...
Signature of the consumer(s) .................................
(*) Delete as appropriate
SONDA SPORTS Sp. z o. o.
ul. Wagonowa 2C 53-609 Wroclaw (Poland)