Almasi Mbaya online store terms
§ 1
Preliminary provisions
- Almasi Mbaya online shop, available online at https://france.almasimbaya-sportsmanagement.com/sklep/, is run by Kenneth Mendi Nzonteu, a company owned by Almasi Mbaya Sports Management and Development registered in the Central Register and Information on Business Activities (CEIDG) run by the Minister responsible for Economic Affairs. economy, NIP 5242915869, REGON 388475260.
2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and lay down the rules of use of the Online Store and the rules and procedures for concluding distance Sales Agreements with the Customer through the Store.
§ 2
Definitions
- Consumer – a natural person concluding a contract with the Seller within the Store, the object of which is not directly related to his business or professional activity.
- Seller – a natural person established under the company Almasi Mbaya Sports Management and Development, registered in the Central Register and Information of Economic Activities (CEIDG) of the Minister responsible for Economic Affairs economy, NIP 5242915869, REGON 388475260
- Customer – any entity purchasing through the Store.
- Trader – a natural person, a legal person and an organizational unit, other than a legal person, whose separate law grants legal capacity, carrying out on its own behalf an economic activity which uses the Store.
- Shop – online shop run by the Seller at https://france.almasimbaya-sportsmanagement.com/sklep/
- Distance agreement – an agreement concluded with the Customer under an organized distance agreement system (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication, up to and including the conclusion of the contract.
- Terms and Conditions – these Store Terms and Conditions.
- Order – a statement of the Customer’s willingness to be submitted by means of the Order Form and aimed directly at concluding a Sales Agreement of the Product or Products with the Seller.
- Account – a customer’s account in the Store, it collects information provided by the Customer and information about orders placed by the Customer in the Store.
- Registration form – a form available in the Store to create an Account.
- Order Form – an interactive form available in the Store enabling the submission of the Order, in particular by adding Products to the Cart and determining the terms of the Sales Agreement, including the method of delivery and payment.
- Cart – a part of the Shop software, in which the products to purchase selected by the Customer are visible, and it is possible to establish and modify the Order data, in particular the quantity of products.
- Product – Available in the Store for Mobile/Service subject to a Sales Agreement between Customer and Seller.
- Sales Agreement – a contract for the sale of the Product concluded or concluded between the Customer and the Seller through an Online Store. The Sales Agreement also means – application to the characteristics of the Product – a service contract and a work contract.
§ 3
Contact Store
- Seller Address: Poland, 00-029 Warsaw, ul. New World 33/13
- Seller email: info@almasimbaya-sportsmanagement.com
- Seller phone number: +48787874777
- Seller’s bank account number PL 52 1090 1014 000 0001 4777 1707 (euro) and 44 1090 1014 000 0001 477 1560 (gold)
- Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.
- Customer can communicate by phone with Seller between 8:00 – 18:00
§ 4
Technical requirements
You must:
- Internet access endpoint with Google Chrome web browser, Internet Explorer, Mozilla Firefox, Opera, Safari,
- active e-mail account (e-mail),
- Cookies enabled
- FlashPlayer installed.
§ 5
General
- The seller, to the extent permitted by law, is not responsible for any disruption in this interruption of the Store due to force majeure, unauthorized third party behavior or incompatibility of the Online Store with the Customer’s technical infrastructure.
- You do not need to set up an Account to view the Store assortment. Customer’s placing of orders for the Products included in the Store’s product range is possible after providing the necessary personal and address information to enable the completion of the Order without establishing an Account.
- Prices given in the Store are given in Euro and are gross prices (including VAT).
- The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transportation, delivery and postal services charges), about which the Customer is informed on the pages of the Store during the placing of the Order, including at the time when the Customer expresses its willingness to be bound by the Sales Agreement.
- In the case of a contract covering a subscription or the provision of services for an unlimited period, the final price shall be the total price covering all payments for the settlement period.
- If the nature of the subject of the Agreement does not allow, reasonably assessing, for a prior calculation of the final (final) price, information on how the price will be calculated, as well as on transportation, delivery, postal services and other costs, will be given in the Store in the Product description.
§ 6
Rules for the submission of the Order
In order to place the Order via the website:
- Select the Product that is the subject of the Order and then click the « To cart » button;
- use the possibility to place the Order without registration;
- complete the Order Form by entering the information of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (the method of delivery of the Product), enter the information on the invoice, if different from the data of the Order recipient,
- click the « Go to Payment » button and confirm your order by clicking the « I Buy and Pay » button,
- enter payment card details for payment collection.
If you wish to pay by internet transfer, you should place your order by sending an email to info@almasimbaya-sportsmanagement.com or by telephone. The customer will then receive details about the transfer.
§ 7
Delivery and payment methods offered
- Customer may use the following delivery or receipt methods for the ordered Product:
- Postal consignment, postal consignment,
- courier consignment, courier consignment,
- Customer may use the following payment methods:
- Cash on delivery
- Wire Transfer to Seller’s Account
- Electronic payments
- Payment by payment card.
3. For details on delivery methods and acceptable payment methods, please visit the Store pages.
§ 8
Sales agreement execution
- The conclusion of the Sales Agreement between the Customer and the Seller shall be made after the Order is placed by the Customer using the Order Form in the Online Store in accordance with § 6 of the Terms and Conditions or after the order is placed by email or telephone.
- After placing the Order, the Seller shall immediately acknowledge its receipt and at the same time accept the Order for realization. The confirmation of receipt of the Order and its acceptance for realization shall be carried out by sending an appropriate email to the Customer by the Seller to the Customer’s email address specified at the time of placing the Order, which shall include at least the Seller’s declarations of receipt of the Order and its acceptance for realization and confirmation of the conclusion of the Selling Agreement. Upon receipt by the Customer of the above email, a Sales Agreement shall be concluded between the Customer and the Seller.
- If Customer chooses:
- by bank transfer, electronic payments or payment by payment card, the customer is obliged to make payment within 2 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.
- COD (cash on delivery), Customer is obliged to make payment upon delivery.
- If the Customer has opted for a delivery method other than personal pickup, the Product will be sent by the Seller within the time limit specified in the Customer’s description (subject to paragraph 5 of this paragraph), as selected by the Customer when placing the Order.
- A In the case of orders of Products with different delivery dates, the delivery date shall be the longest specified date.
B In the case of orders of Products with different delivery dates, the Customer may request the delivery of the Products in parts or the delivery of all the Products after the completion of the entire order.
- The beginning of the delivery date of the Product to the Customer shall be calculated as follows:
- If the Customer chooses to pay by bank transfer, electronic payments or payment card – from the date of crediting the Seller’s bank account.
- If the Customer chooses the method of payment for cash on delivery – from the date of conclusion of the Sales Agreement,
7. In the case of ordering Products with different dates of readiness for acceptance, the Customer has the possibility to receive the Products with parts (according to their readiness for acceptance) or to receive all the Products after completing the entire order.
8. The beginning of the Product’s « ready for acceptance » period shall be calculated as follows:
- If the Customer chooses to pay by bank transfer, electronic payments or payment card – from the date of crediting the Seller’s bank account.
- In case the Customer chooses the cash method at personal pickup – from the date of conclusion of the Sales Agreement.
9. The Product is delivered worldwide.
10. Delivery of the Product to the Customer is free of charge, unless otherwise provided in the Sales Agreement.
§ 9
Right of withdrawal
- The consumer may withdraw from the Sales Contract within 14 days without giving any reason.
- The period referred to in paragraph 1 shall begin with the delivery of the Product to the Consumer or to a person designated by him other than the carrier.
- In the case of an Agreement which covers several Products which are supplied separately, in lots or in lots, the time limit indicated in paragraph 1 runs from the delivery of the last item, batch or part.
- In the case of a contract which involves the regular delivery of the Products for a specified period (subscription), the time limit referred to in paragraph 1 runs from possession of the first thing.
- The consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal. In order to keep the time limit for withdrawal from the Contract, it is sufficient that the Consumer sends a statement before the expiry of that time limit.
- The statement may be sent by traditional mail, fax or electronic means by sending a statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the contact details of the Seller are specified in § 3. The statement may also be submitted on a form, a specimen of which is Annex No 1 to these Regulations and an annex to the Act of 30 May 2014 on consumer rights, however this is not mandatory.
- If the statement is sent by the Consumer by electronic means, the Seller shall immediately send the Consignee to the email address provided by the Consumer the confirmation of receipt of the statement of withdrawal from the Contract.
- Consequences of withdrawal from the Agreement:
- In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
- In case of withdrawal from the Contract, the Seller shall return to the Consumer immediately, not later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Contract, all payments made by the Seller, including the cost of delivery of the item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller.
- The Seller will refund the payment by bank transfer to a bank account specified by the customer.
- The Seller may withhold payment until the Product is received back or until proof has been provided that it has been returned, whichever occurs first.
- The consumer should return the Product to the Seller’s address provided in these Terms and Conditions without delay, not later than 14 days from the date on which he informed the Seller of his withdrawal. The time limit will be met if the Consumer returns the Product before the 14-day deadline.
- The consumer shall bear the direct costs of returning the Product, including the costs of returning the Product, if due to its nature the Product could not normally be returned by post.
- The consumer is only responsible for the decrease in the value of the Product resulting from its use in a manner other than that necessary to establish the nature, characteristics and functioning of the Product.
9. Where, due to the nature of the Product, it cannot be sent back by post, this information and the cost of returning the Product will be included in the Product Description in the Store.
10. The right of withdrawal from a distance contract shall not apply to the Consumer in respect of the Contract:
- where the subject matter of the service is a non-prefabricated item, manufactured to the consumer’s specifications or intended to meet his personalized needs,
- in which the goods are supplied in a sealed package which cannot be returned after the opening of the package for health or hygiene reasons if the package has been opened after delivery,
- in which the subject matter of the service is deteriorated or has a short expiry date,
- to provide services if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the commencement of the performance, that after the Seller has fulfilled the performance, he will lose the right of withdrawal from the Contract,
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control and which may occur before the end of the period for withdrawal from the Contract,
- in which the benefits are provided for goods which, by their nature, are intrinsically linked to other goods,
- the subject of which are alcoholic beverages the price of which has been agreed upon when the contract of sale is concluded and which can be delivered only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,
- in which the provision is made for sound or visual recordings or computer programs supplied in a sealed package, if the package has been opened after delivery,
- to provide journals, periodicals or magazines, with the exception of a subscription contract,
- to provide digital content which is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the end of the period for withdrawal from the contract and after the Seller informs him that he has lost his right of withdrawal.
§ 10
Complaint and warranty
- New Products are covered by the Sales Agreement.
- In the case of a defect purchased from the Seller of the goods, the Customer has the right to complain based on the provisions of the civil code warranty.
- You must submit a complaint in writing or electronically to the Seller addresses provided in these Terms and Conditions.
- The seller will respond to the complaint request immediately, and if the Customer is the Consumer – no later than within 14 days. If the Customer is the Consumer and the Seller does not respond to the complaint within 14 days, the Customer’s request shall be considered to be reasonable
- Goods to be returned under the complaint procedure must be sent to 64000 Pau, 2 Avenue Peboue appt. 5, France
- If a warranty has been given for the Product, the information about the warranty and its content will be included in the Product description in the Store.
§ 11
Out-of-court complaint and redress procedures
- Detailed information on the possibility for the Consumer to use out-of-court complaint and redress procedures and the rules of access to these procedures shall be available at the premises and on the websites of the county (urban) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, the Provincial Inspectorates of Commercial Inspectorates and the following Internet addresses of the Competition and Consumer Protection Office: http://www.uokik.gov.pl/spory_konsumenckie.php http://www.uokik.gov.pl/sprawy_indywidualne.php
and http://www.uokik.gov.pl/wazne_adresy.php.
- The consumer has the following examples of out-of-court redress and redress options:
- The consumer shall have the right to apply to a standing consumer arbitration tribunal referred to in 37 of the Law of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148 as amended as amended), with a request for resolution of the dispute arising from the Agreement concluded with the Seller.
- The consumer is entitled to apply to the Provincial Inspector of the Trade Inspection, in accordance with Article 36 of the Law of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148 as amended rev.), with a request for the initiation of a mediation procedure for the amicable settlement of the dispute between the Consumer and the Seller.
- The consumer can obtain free assistance in resolving a dispute between the consumer and the Seller, also through free county (urban) assistance from a consumer ombudsman or a social organization whose statutory tasks include consumer protection (inter alia Federation of Consumers, Association of Polish Consumers).
§ 12
Personal Information in the Online Store
- The administrator of personal data of clients collected through the Online Store is the Seller.
- Personal data of Customers collected by the administrator via the online store are collected for the purpose of the fulfillment of the Sales Agreement, and if the Customer agrees to it – also for marketing purposes.
- Recipients of personal data of Customers of the Online Store may be:
- In the case of a Customer who uses the delivery method in the Internet Store by postal mail or courier delivery, the Administrator shall share the Customer’s collected personal data with the selected carrier or intermediary handling the items on behalf of the Administrator.
- In the case of a Customer who uses the electronic payment method or a payment card in the Online Store, the Administrator shall provide the collected personal data of the Customer to the selected entity handling the above payments in the Online Store.
4. The customer has the right to access and correct the content of his data.
5. The provision of personal data is voluntary, although failure to provide the personal data necessary for the conclusion of the Sales Agreement, as indicated in the Rules of Procedure, will result in the impossibility of concluding such agreement.
§ 13
Final provisions
1. Contracts concluded through the online shop shall be concluded in Polish, English or French.
2. The Seller reserves the right to amend the Terms and Conditions for important reasons, that is: amendments to legislation, changes to payment methods and supplies, in so far as these changes affect the implementation of these Rules. The Seller shall inform the Customer at least 7 days in advance of any change.
3. In matters not governed by these Rules, the provisions of Polish law which are generally applicable shall apply, in particular: the Civil Code; the Law on the Provision of Services by Electronic Means; Consumer Rights Act, Data Protection Act.
4. The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may lodge a complaint through the EU ODR. web-platform available at: http://ec.europa.eu/consumers/odr/.
Annex No 1
Model withdrawal form
Almasi Mbaya Sports Management and Development
00-029 Warsaw, ul. New World 33/13
info@almasimbaya-sportsmanagement.com
I………………………………………………………… (name and surname) of my withdrawal from the contract of sale of the following items (*) ……………………………………………………………………………….
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… contracts for the supply of the following goods (*) ………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
concluded on……………………………………………….
Please reimburse to your bank account number ………………………………………………………
……………………………………………………… .
Name of the consumer……………………………………………………………
Consumer Address…………………………………………………………………………
Signature of the consumer (only if the form is submitted in paper form)
……………………………………………………………………………………………………
Form Fill Date
……………………………………………………………………………………………………