Terms & Policies

Introduction

Dear Customer, these Terms and Conditions govern the rules for concluding sales contracts via this website, the terms of fulfillment including delivery, legal rights and obligations, as well as procedures for withdrawal and complaint handling. The Terms and Conditions consist of four main parts:

1. In sections 1 to 3, there are general provisions of these Terms and Conditions;
2. In sections 4 to 7, the process of purchasing Goods/Services is described;
3. In sections 8 to 12, regulations related to defects of Goods/Services and the right of withdrawal are included;
4. In sections 13 to 14, all other provisions are included.

Section 1: Basic definitions

1. Online store – a store located at the address of this website.
2. Seller – Sport Increase Spółka z ograniczoną odpowiedzialnością S&P spółka jawna, with its registered office in Łódź, at ul. Rewolucji 1905 r., 82, 90-223 Łódź, Poland, registered in the National Court Register under the number KRS 0000890620, VAT EU: PL7252291621, operating in accordance with UK distance selling regulations.
3. Seller's address:
   1. Registered office: ul. Rewolucji 1905 r., 82, 90-223 Łódź, Poland
   2. Email address: [email protected]
4. Customer – a natural person with full legal capacity, and in cases provided for by applicable laws also a natural person with limited legal capacity, a legal person, or an organizational unit without legal personality to which the law grants legal capacity, who has entered into or intends to enter into a sales agreement.
5. Consumer – according to the Consumer Rights Act 2015 (UK): an individual acting wholly or mainly outside their trade, business, craft, or profession.
6. Sales agreement – a distance contract between the Customer and the Seller for the purchase of Products listed on the online store's website.
7. Goods – a movable item which the Customer purchases through the online store.
8. Order – a declaration of will by the Customer specifying the Goods, delivery and payment method, and the Customer's data.
9. Order form – an electronic service allowing the Customer to submit and confirm the Order via the online store.
10. Order processing time – the time needed to process and dispatch the Order to the Customer.
11. Business day – Monday to Friday, excluding public holidays in the United Kingdom and Poland.
12. Price reductions – any reductions, promotions or discounts are shown alongside the product price. The lowest price from the previous 30 days is displayed in compliance with UK consumer guidance.
13. Prices – shown in British Pounds (GBP), inclusive of VAT and all applicable duties for delivery to the UK.
14. Applicable law – contracts with UK-based consumers are governed by UK law, including the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013.
15. SMMASH Club – a loyalty programme providing special offers to eligible members.

Section 2: General provisions

1. The Seller complies with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Personal data is processed solely for the purpose of order execution. Details are available in the Privacy Policy.
2. The Goods are compliant with the contract in terms of description, quality, fitness for purpose and durability as required by the Consumer Rights Act 2015.
3. All reviews published on the website are from verified customers and comply with the Consumer Protection from Unfair Trading Regulations 2008.
4. Placing an order requires acceptance of these Terms and Conditions by ticking the appropriate checkbox in the Order Form.
5. The Seller implements appropriate security measures to protect personal data, in accordance with UK GDPR.
6. Customers have the right to access, rectify, delete or restrict the processing of their personal data and can withdraw consent at any time without affecting prior processing.
7. Newsletter subscribers receive marketing emails and may unsubscribe via a link in any newsletter email.
8. All Goods sold are legal for sale in the UK and comply with relevant product safety legislation.

Section 3: Conditions of service provision

1. Use of the Order Form is required to complete a purchase. The contract is concluded upon receipt of the confirmation email.
2. Services are provided free of charge and require internet access.
3. Orders can be placed at any time, 24/7.
4. By submitting the Order Form, the Customer agrees to the processing of personal data necessary to fulfil the order.
5. If the Customer is under 16 years old, parental consent must be obtained for data processing purposes.
6. All costs associated with internet access and data use are borne by the Customer based on their provider’s terms.

Section 4: Terms of the Agreement

1. To conclude a valid Sales Agreement, the Customer selects Products from the Store’s offer, specifies delivery and payment preferences, and submits the Order Form.
2. Orders can be placed:
   1. via the Store’s website (shopping cart);
   2. by email to the address listed on the Store’s website.
3. The Seller confirms receipt of the Order by email. The Agreement is concluded upon confirmation. Incomplete or unclear data may result in the Seller requesting clarification.
4. Joining the SMMASH Club is optional. By joining, Customers consent to receiving promotional communications via email or SMS.
5. Newsletter subscription requires an email address, consent to receive messages, acceptance of the Terms, and clicking a confirmation link sent via email.
6. Customers can unsubscribe at any time using the link provided in the newsletter email.
7. The order confirmation includes all contractual terms: item description, specifications, total amount payable (in GBP), delivery method, and any discounts applied.
8. Where multiple promotions apply, only one may be used per order unless explicitly stated otherwise.

Section 5: Order Fulfilment

1. Orders are processed in the order received.
2. Fulfilment takes between 1–5 working days. Products made to order or personalised may take longer, as stated on the product page.
3. If fulfilment is delayed, the Seller will contact the Customer to agree on an alternative solution.
4. The Seller reserves the right to cancel an order due to pricing or listing errors.

Section 6: Delivery

1. Delivery is carried out by postal operators, courier services or other mutually agreed methods without unreasonable cost to the Customer.
2. Goods are delivered to the Customer’s specified address or selected pickup point.
3. Items are packaged securely and appropriately based on their nature.
4. Delivery costs are clearly shown at checkout and depend on destination, weight and delivery option selected.
5. Orders are dispatched within 48 business hours. Final delivery depends on the shipping provider’s UK-specific service times.

Section 7: Payment Methods

1. Accepted methods include advance payment by bank transfer, and card payments (Visa, MasterCard).
2. Online payments can be made through PayPal, PayU, or Przelewy24 (subject to cross-border support).

Section 8: Warranty

1. The Seller bears responsibility for product conformity in accordance with the Consumer Rights Act 2015.
2. Customers are entitled to a 2-year guarantee covering non-conforming goods. Claims must be made within this period from delivery.
3. In the case of a fault, the Customer can request repair, replacement, price reduction, or cancellation depending on the severity and circumstances.
4. Complaints must be submitted via email or post. A template is available, though its use is not mandatory.
5. The Seller may request return of the goods for inspection, at the Seller’s expense.
6. Complaints are addressed within 14 calendar days. No response is treated as acceptance.

Section 9: Right of Withdrawal

1. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, UK Consumers have 14 calendar days to withdraw from the contract without giving a reason.
2. The withdrawal period starts when the Customer (or a designated third party) receives the Goods.
3. The Customer may withdraw by notifying the Seller via email or post. A model form is available for convenience.
4. The Seller refunds all amounts paid, including standard delivery, within 14 days of notification, using the original payment method unless otherwise agreed.
5. The Seller may withhold the refund until the goods are returned or the Customer provides proof of return.
6. The Customer must return the goods within 14 days at their own expense unless the Seller agrees otherwise.
7. The Customer is responsible for any decrease in the value of the goods due to unnecessary handling.
8. Withdrawal is excluded for:
   1. personalised or made-to-order items,
   2. sealed goods unsealed after delivery that are unsuitable for return due to hygiene reasons,
   3. perishable goods or goods which become inseparably mixed with other items after delivery.

Section 10: Complaints Procedure

1. Customers should provide full contact details and a clear description of the issue. Order number and supporting evidence are helpful but not required.
2. Complaints are handled in line with UK consumer protection law. Customers may request a remedy suitable to the issue (repair, replacement, refund).
3. The Seller responds to complaints within 14 days. Lack of reply is interpreted as acceptance.

Section 11: Customer Responsibility and Content

1. The Customer is liable for all content (e.g., reviews) they submit or publish on the website.
2. Content must not infringe the rights of others or UK laws, and must not include:
   1. personal data of third parties without permission,
   2. offensive or discriminatory language,
   3. unlawful advertising or spam.
3. The Seller reserves the right to remove inappropriate content and to block abusive users.

Section 12: Alternative Dispute Resolution

1. Consumers can contact UK-approved ADR bodies for out-of-court dispute resolution.
2. Alternatively, UK-based consumers can use the ODR platform at https://ec.europa.eu/consumers/odr/ for cross-border issues.
3. ADR is voluntary and only applies if both parties agree.

Section 13: Provisions for Business Customers

1. These provisions apply only to purchases made by business entities or professionals.
2. The Seller may withdraw from a contract with a business Customer within 14 days without giving a reason.
3. Prepayment may be required regardless of the selected payment method.
4. Risk passes to the business Customer upon dispatch to the delivery provider.
5. The Seller's liability is limited to the price paid. Indirect, consequential, or punitive damages are excluded.

Section 14: Final Provisions

1. These Terms comply with UK law. Where UK consumer law provides greater protection than these Terms, the statutory provisions prevail.
2. Contracts are concluded in English and governed by UK law.
3. Amendments to the Terms are announced at least 30 days in advance and do not affect existing Orders.
4. All intellectual property (e.g., texts, images, layouts) on the website is protected. Unauthorised use is prohibited.
5. Effective date: 16 June 2023.