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Terms and conditions

1. GENERAL PROVISIONS

1.1 The Online Store available at www.sashweightslondon.com is operated by Sashweightslondon with its registered office at 14 Gorst Road, London, NW10 6LE , e-mail address: contact@sashweightslondon.com , telephone number: 0203 318 2525

1.2 These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.

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 are processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Online Store.

1.4 Definitions:

1.4.1 DIGITAL SERVICES ACT - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act).

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

1.4.3 REGISTRATION FORM - a form available in the Online Store enabling the creation of an Account.

1.4.4 ORDER FORM - Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.5 CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or an organizational unit without legal personality, to which the law grants legal capacity - which has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.6 CIVIL CODE - The Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

1.4.7 ACCOUNT - Electronic Service, a set of resources in the Service Provider's IT system, marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.

1.4.8 NEWSLETTER - Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.

1.4.9 ILLEGAL CONTENT - content that in itself or by reference to its content, including the sale of Products or the provision of Electronic Services, is prohibited by applicable law; the Service Recipient or Seller is obliged to comply with all applicable laws.

1.4.10 PRODUCT - (1) a movable item (including a movable item with digital elements, i.e. containing digital content or a digital service or connected with them in such a way that the lack of the digital content or digital service would prevent it from functioning properly), (2) digital content, (3) a service (including a digital and non-digital service) or (4) a right that is the subject of the Sales Agreement between the Customer and the Seller.

1.4.11 REGULATIONS – these regulations of the Online Store.

1.4.12 ONLINE STORE – the online store of the Service Provider available at the following internet address: www.sashweightslondon.com .

1.4.13 SELLER SERVICE PROVIDER - Sashweightslondon conducting business activity under the name Sashweightslondon, entered into the Central Register and Information on Business Activity of the Republic of Poland kept by the minister responsible for economic affairs, with: business address and correspondence address: 14 Gorst Road, London, NW10 6LE, e-mail address: contact@sashweightslondon.com , telephone number: 0203 318 2525.

1.4.14 SALES AGREEMENT - a Product sales agreement (in the case of movable items and movable items with digital elements), (2) a Product delivery agreement (in the case of digital content or a digital service), (3) a Product provision or use agreement (in the case of non-digital services) and other Products concluded or entered into between the Customer and the Seller via the Online Store.

1.4.15 ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Store and not being a Product.

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

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

1.4.18 ORDER - a declaration of will of the Customer submitted using the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

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

2.1.1 Account

The Account can be used after the Service User has completed three consecutive steps – (1) filling out the Registration Form, (2) clicking the “Create an account” field and (3) confirming the will to create an Account by clicking the confirmation link sent automatically to the provided e-mail address. In the Registration Form, the Service User must provide the following data: first and last name/company name, address (street, house/apartment number, postal code, town, country), e-mail address, contact telephone number and password. In the case of Service Users who are not consumers, it is also necessary to provide the company name and Tax Identification Number.

2.1.1.1 The Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: contact@sashweightslondon.com

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. The Order is placed after the Customer completes two consecutive steps - (1) after filling in the Order Form and (2) clicking on the "Confirm order" field on the Online Store website. Until then, it is possible to modify the entered data independently (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data: first name and last name/company name, address (street, house/apartment number, postal code, town, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Products, 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 Order Form Service is provided free of charge and is of a one-off nature and ends when the Order is placed via it or when the Service Recipient stops placing the Order via it earlier.

2.1.3 Newsletter

The Newsletter is used after entering the e-mail address in the "Newsletter" tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent and clicking the "Subscribe" field. You can also sign up for the Newsletter by checking the appropriate checkbox when creating an Account - upon creating an Account, the Service User is signed up for the Newsletter.

2.1.3.1 The Electronic Newsletter Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: contact@sashweightslondon.com

2.2 Technical requirements

Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the option of saving Cookies and supporting Javascript in the Internet browser.

2.3 The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good customs, taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the factual state. The Service Recipient is prohibited from providing content of an unlawful nature, including Illegal Content.

2.4 The complaint procedure regarding Electronic Services is indicated in point 6 of the Regulations.

3. CONDITIONS OF CONCLUDING A SALES AGREEMENT

3.1 The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.

3.2 The price of the Product displayed on the Online Store website is given in Polish zloty and includes taxes. The Customer is informed on the Online Store website about the total price including taxes of the Product that is the subject of the Order, as well as about the delivery costs (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them, during the placement of the Order, including when the Customer expresses their will to be bound by the Sales Agreement.

3.3 Procedure for concluding a Sales Agreement in the Online Store using the Order Form

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

3.3.2 After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the Customer an appropriate e-mail message to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statement on receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement is concluded between the Customer and the Seller.

3.4 The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by means of (1) making these Regulations available on the website of the Online Store and (2) sending the Customer an e-mail message referred to in point 3.3.2 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. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1 The Seller provides the Customer with the following payment methods under the Sales Agreement:

4.1.1 Payment in cash on delivery upon receipt of the shipment.

4.1.2 Cash payment upon pickup.

4.1.3 Payment by transfer to the Seller's bank account.

4.1.4 Electronic payments and card payments via the PayU.pl service – the current possible payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website http://www.payu.pl .

4.1.4.1 Settlements of transactions by electronic payments and payment cards are carried out in accordance with the Customer's choice via the PayU.pl service. Electronic payments and payment cards are handled by:

4.1.4.1.1 PayU.pl – PayU SA company with its registered office in Poznań (registered office address: ul. Grunwaldzka 186, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań; share capital of PLN 4,944,000.00, fully paid up; Tax Identification Number (NIP): 7792308495.

4.2 Payment deadline:

4.2.1 If the Customer chooses payment by bank transfer, electronic payment or payment by card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.

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

5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1. Product delivery is available in the territory of the Republic of Poland.

5.2. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal fees) are indicated to the Customer on the Online Store website in the information tab regarding delivery costs and during the placement of the Order, including when the Customer expresses their will to be bound by the Sales Agreement.

5.3. Personal collection of the Product by the Customer is free of charge.

5.4. The Seller provides the Customer with the following methods of delivery or receipt of the Product:

5.4.1. Postal shipment, postal shipment with cash on delivery.

5.4.2. Courier delivery, cash on delivery.

5.4.3. Personal collection is available at: 14 Gorst Road, London, NW10 6LE, e-mail address: contact@sashweightslondon.com , telephone number: 0203 318 2525 – on Business Days, from 09:00 to 17:00.

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

5.5.1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller's bank account or settlement account.

5.5.2. If the Customer chooses to pay by cash on delivery – from the date of conclusion of the Sales Agreement.

5.6. The date of readiness of the Product for collection by the Customer - if the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within 7 Business Days, unless a shorter period is given in the description of the given Product or when placing the Order. In the case of Products with different dates of readiness for collection, the date of readiness for collection is the longest date given, which, however, cannot exceed 7 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the period of readiness of the Product for collection by the Customer is counted as follows:

5.6.1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller's bank account or settlement account.

5.6.2. If the Customer chooses cash on personal collection – from the date of conclusion of the Sales Agreement.

6. COMPLAINT HANDLING PROCEDURE

6.1. This point 6 of the Regulations specifies the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.

6.2. A complaint may be filed, for example:

6.2.1. in writing to the following address: 14 Gorst Road, London, NW10 6LE

6.2.2. in electronic form via e-mail to the following address: contact@sashweightslondon.com

6.2.3. The Product may be sent or returned under the complaint to the following address: 14 Gorst Road, London, NW10 6LE

6.3. It is recommended to include in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity or lack of compliance with the contract; (2) a request for a method of achieving compliance with the contract or a declaration of a price reduction or withdrawal from the contract; and (3) contact details of the person filing the complaint – this will facilitate and speed up the processing of the complaint. The requirements given in the previous sentence take the form of recommendations only and their absence does not affect the effectiveness of complaints filed without the recommended description of the complaint.

6.4. If the contact details provided by the complainant change during the complaint consideration process, he/she is obliged to notify the Seller thereof.

6.5. The complainant may attach evidence (e.g. photos of the complained product or the Product) related to the subject of the complaint to the complaint. The Seller may also ask the complainant to provide additional information or send evidence if this is necessary for the Seller to properly consider the complaint.

6.6. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

6.7. If the Seller does not respond to the complaint within the time specified in point 6.6 of the Regulations, it is considered that the complaint has been accepted.

6.8. The Customer who exercises the warranty rights is obliged to deliver the defective Product at the Seller's expense to the following address: 14 Gorst Road, London, NW10 6LE. However, if due to the type of the Product or the manner 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 at the place where the Product is located.

6.8.1. In the event of a complaint regarding a Product – a movable item (excluding a movable item with digital elements), purchased by the Customer under the Sales Agreement concluded with the Seller by December 31, 2022, the provisions of the Civil Code in the wording applicable until December 31, 2022, in particular Articles 556-576 of the Civil Code, shall apply. The indicated provisions specify the principles and scope of the Seller's liability towards the Customer if the sold Product is defective (warranty). In accordance with these provisions, the Seller's liability under the warranty for the Product purchased in accordance with the previous sentence towards the Customer who is not a consumer is excluded.

6.8.2. In the event of a complaint regarding a Product – a movable item (including a movable item with digital elements), purchased by the Customer under the Sales Agreement concluded with the Seller from 1 January 2023, the provisions of the Consumer Rights Act in the wording applicable from 1 January 2023, in particular Articles 43a-43g of the Consumer Rights Act, shall apply. These provisions shall specify in particular the principles and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.

6.8.3. In the event of a complaint about a Product – digital content or service or a movable item that serves solely as a carrier of digital content – ​​purchased by the Customer under the Sales Agreement concluded with the Seller from 1 January 2023, or earlier, if the delivery of such Product was to take place after that date, the provisions of the Consumer Rights Act, in the wording applicable from 1 January 2023, in particular art. 43h – 43q of the Consumer Rights Act. These provisions specify in particular the principles and scope of the Seller's liability towards the consumer, in the event of non-compliance of the digital content or service with the Sales Agreement.

6.9. In addition to statutory liability, a guarantee may be granted for the Product – this is a contractual (additional) liability and may be used when the Product is covered by a guarantee. The guarantee may be granted by an entity other than the Seller (e.g. the manufacturer or distributor). Detailed terms and conditions regarding liability under the guarantee, including the data of the entity responsible for the implementation of the guarantee and the entity authorized to use it, are available in the guarantee description, e.g. in the guarantee card or in another place concerning the granting of the guarantee. The Seller may also be an intermediary forwarding the guarantee notification to the responsible entity.

6.10. The provisions contained in points 6.8.2. and 6.8.3. of the regulations concerning consumer notifications also apply to a Client who is a natural person concluding an agreement directly related to his/her business activity, when it results from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of entries in the Central Register and Information on Business Activity.

7. OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Methods of resolving disputes out of court include, among others, (1) enabling the parties to converge their positions, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation and (3) resolving the dispute and imposing its solution on the parties, e.g. through arbitration (arbitration court). Detailed information on the possibility for the Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, the rules of access to these procedures and a user-friendly search engine for entities involved in the amicable resolution of disputes are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/ .

7.2. The President of the Office of Competition and Consumer Protection has a contact point whose task is, among other things, to provide consumers with information on out-of-court resolution of consumer disputes. The consumer can contact the point: (1) by phone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to the address: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).

7.3. The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims: (1) an application for the resolution of a dispute to a permanent consumer arbitration court; (2) an application for out-of-court resolution of a dispute to the provincial inspector of the Inspection; or (3) assistance from the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers). Advice is provided, among others, by e-mail at porad@dlakonsumentow.pl and by calling the hotline at 801 440 220 (hotline open on Business Days, from 8:00 to 18:00, connection fee according to the operator's tariff).

7.4. A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/odr . The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of disputes concerning contractual obligations arising from a sales contract or a service contract (more information on the platform's website or on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html ).

8. RIGHT OF WITHDRAWAL FROM THE CONTRACT

8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring any costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is sufficient to send a statement before it expires. A statement of withdrawal from the contract may be submitted, for example:

8.1.1. in writing to the following address: 14 Gorst Road, London, NW10 6LE;

8.1.2. in electronic form via e-mail to the following address: contact@sashweightslondon.com

8.2. The return of the Product – movable items (including movable items with digital elements) as part of the withdrawal from the contract may take place to the following address: 14 Gorst Road, London, NW10 6LE.

8.3. An example of a withdrawal form template is included in Annex 2 to the Consumer Rights Act and is additionally available in point 14 of the Regulations. The consumer may use the template form, but it is not obligatory.

8.4. The period for withdrawal from the contract begins:

8.4.1. for a contract under which the Seller delivers a Product and is obliged to transfer its ownership – from the moment the consumer or a third party indicated by him other than the carrier takes possession of the Product, and in the case of a contract which: (1) covers many Products that are delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period of time – from the moment the first Product is taken into possession;

8.4.2. for other contracts – from the date of conclusion of the contract.

8.5. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.

8.6. Movable items, including movable items with digital elements:

8.6.1. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product - movable item, including movable item with digital elements (with the exception of additional costs resulting from the consumer's choice of a different delivery method than the cheapest standard delivery method offered in the Online Store). The Seller returns the payment using the same payment method that the consumer used, unless the consumer has expressly agreed to another method of return that does not involve any costs for him. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer himself, he may withhold the return of payments received from the consumer until the Product is received back or the consumer provides proof of its return, depending on which event occurs first.

8.6.2. In the case of Products – movable items (including movable items with digital elements) – 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 to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry.

8.6.3. The Consumer shall be liable for any reduction in the value of the Product – a movable item (including a movable item with digital elements) – resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.7. Products – digital content or digital services:

8.7.1. In the event of withdrawal from the contract for the supply of a Product – digital content or digital service – the Seller, from the date of receipt of the consumer's declaration of withdrawal from the contract, may not use content other than personal data provided or generated by the consumer during the use of the Product – digital content or digital service – provided by the Seller, with the exception of content that: (1) is only useful in connection with the digital content or digital service that was the subject of the contract; (2) relates exclusively to the consumer's activity during the use of the digital content or digital service provided by the Seller; (3) has been combined by the entrepreneur with other data and cannot be separated without them or can only be separated with excessive effort; (4) has been produced by the consumer together with other consumers who can still use it. Except for the cases referred to above in points (1)–(3), the Seller, at the consumer's request, makes available to him content other than personal data that has been provided or generated by the consumer during the use of the digital content or digital services provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital services, in particular by preventing the consumer from accessing the digital content or digital services or blocking the user account, which does not affect the consumer's rights.

8.7.2. In the event of withdrawal from the contract, the Seller may prevent the consumer from further use of the digital content or digital services, in particular by preventing access to the digital content or digital services or blocking the user account, which does not affect the consumer's rights. The Seller has the right to withhold the refund until the consumer transfers the digital content to the entrepreneur, to the extent that it has the nature of a movable item.

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

8.8.1. In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest standard method of delivery available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.

8.8.2. In the case of Products – movable items (including movable items with digital elements) – the consumer shall bear the direct costs of returning the Product.

8.8.3. In the case of a Product – a service, the performance of which – at the express request of the consumer – began before the expiry of the period for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the time of withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the total 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.

8.9. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:

8.9.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has provided the service, the consumer will lose the right to withdraw from the contract, and has acknowledged this; (2) in which 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 for withdrawal from the contract expires; (3) in which the subject of the provision is a Product – a movable item (including a movable item with digital elements) – not prefabricated, manufactured according to the consumer's specifications or intended to meet their individual needs; (4) in which the subject of the provision is a Product – a movable item (including a movable item with digital elements) – subject to rapid deterioration or having a short shelf life; (5) where the subject of the provision is a Product – a movable item (including a movable item with digital elements) – delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery; (6) where the subject of the provision is Products – movable items (including movable items with digital elements) that after delivery, due to their nature, are inseparably connected with other movable items; (7) where the subject of the provision is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) where the consumer expressly requested the Seller to come to him for urgent repairs or maintenance; if the Seller additionally provides services other than those requested by the consumer, or delivers Products – movable items (including movable items with digital elements) – other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the provision are audio or visual recordings or computer programs 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 a subscription agreement; (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 specifies the day or period of provision of the service; (13) for the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price,if the Seller has commenced the performance with the express and prior consent of the consumer, who was informed before the commencement of the performance that after the Seller has fulfilled the performance, the Seller will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Article 15 paragraph 1 or Article 21 paragraph 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price, in the case of which the consumer has expressly requested the Seller to come to him for the purpose of repair, and the service has already been fully performed with the express and prior consent of the consumer.

8.10. The provisions contained in this point 8 of the Regulations concerning the consumer shall apply to contracts concluded from 1 January 2021 also to the Service Recipient or Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9. PROVISIONS RELATING TO ENTREPRENEURS

9.1. This point 9 of the Regulations and all provisions contained therein are addressed to and thus bind only the Customer or Service Recipient who is not a consumer, and from 1 January 2021 and for agreements concluded from that day who is not also a natural person concluding an agreement directly related to his/her business activity, when it results from the content of this agreement that it does not have a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.

9.3. The Seller's liability under the warranty for the Product or the lack of conformity of the Product with the Sales Agreement is excluded.

9.4. The Seller will respond to the complaint within 30 calendar days of its receipt.

9.5. 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.

9.6. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by sending an appropriate statement to the Service Recipient.

9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both within the scope of a single claim, as well as for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The amount limitation referred to in the previous sentence applies to all claims directed by the Service Recipient/Customer towards the Service Provider/Seller, including in the event of failure to conclude the Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller shall be liable towards the Service Recipient/Customer only for typical damage foreseeable at the time of conclusion of the agreement and shall not be liable for lost profits. The Seller shall also not be liable for delays in the transport of the shipment.

9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.

10. TERMS OF USE OF THE PRODUCT – DIGITAL CONTENT AND SERVICES

10.1. This point 10 of the Regulations defines the default rules for using Products – digital content and services available in the Online Store. These rules apply in the absence of individual terms of use for a given Product or to the extent not regulated by contractual terms (e.g. in the case of a license granted by the manufacturer of a given Product, the manufacturer's license will apply).

10.2. The right to the Product, including copyright in the Products constituting a work within the meaning of the Copyright Law, belongs to the Seller or other authorized third parties.

10.3. The Customer, under the concluded Sales Agreement, is entitled to use the Product in the manner and to the extent necessary to use it for the purposes specified in the Sales Agreement, and in the absence of such purposes, for the purposes for which a Product of this type is usually used, taking into account applicable legal provisions, technical standards or good practices.

10.4. The Customer may use the Product only for the Customer's own use, including within the scope of their business activity, unless the Sales Agreement provides otherwise. Subject to the exceptions provided for by generally applicable provisions and different provisions of the Sales Agreement: (1) the Customer is not entitled to make the Product available to third parties; (2) the Customer is not entitled to use the Product for commercial purposes, including introducing the Product to the market; (3) the Customer is not entitled to transfer, sublicense or authorize other persons to use the Product; (4) the Customer is not entitled to copy, reproduce, modify, adapt, translate, decode, decompile, disassemble or otherwise attempt to interfere with the Product, unless this is necessary to ensure the proper use of the Product in accordance with the Sales Agreement.

10.5. The Customer may use the Product for the period specified in the Sales Agreement.

10.6. Access to the Product is provided by sending digital content or a link (URL address) enabling its playback to the e-mail address provided by the Customer when placing the Order.

11. PRODUCT REVIEWS

11.1. The Seller enables its Customers to issue and access opinions about the Products and the Online Store on the principles specified in this section of the Regulations.

11.2. The Customer may submit an opinion after using the form that allows for adding an opinion about the Product or the Online Store. This form may be made available directly on the Online Store website (including via an external widget) or may be made available via an individual link received by the Customer after purchase to the email address provided by them. When adding an opinion, the Service Recipient may also add a graphic option or a photo of the Product – if such an option is available in the opinion form.

11.3. A Product Review may only be issued for Products actually purchased in the Seller's Online Store and by the Customer who purchased the Product being reviewed. It is prohibited to conclude fictitious or apparent Sales Agreements in order to issue a Product Review. An Online Store Review may be issued by a person who is a Customer of the Online Store.

11.4. Adding opinions by Customers may not be used for illegal activities, in particular for activities constituting an act of unfair competition, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Customer is obliged to act in accordance with the law, these Regulations and good customs.

11.5. Opinions may be made available directly on the Online Store website (e.g. for a given Product) or on an external service collecting opinions, with which the Seller cooperates and to which it refers on the Online Store website (including via an external widget placed on the Online Store website).

11.6. The Seller ensures that the published opinions about the Products come from its Customers who have purchased the Product. For this purpose, the Seller takes the following actions to check whether the opinions come from its Customers:

11.6.1. Publishing an opinion issued using a form available directly on the Online Store website requires prior verification by the Seller. Verification consists of checking the compliance of the opinion with the Regulations, in particular checking whether the person giving the opinion is a Customer of the Online Store - in this case, the Seller checks whether this person made a purchase in the Online Store, and in the case of an opinion about a Product, additionally checks whether they purchased the Product being reviewed. Verification takes place without undue delay.

11.6.2. The Seller sends its Customers (including via an external service collecting opinions with which it cooperates) an individual link to the e-mail address provided by them during the purchase – in this way, only the Customer who purchased the Product in the Online Store receives access to the opinion form.

11.6.3. In the event of any doubts of the Seller or reservations reported to the Seller by other Customers or third parties as to whether a given opinion comes from the Customer or whether a given Customer purchased a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that the Customer of the Online Store or purchased the Product being reviewed.

11.7. Any comments, appeals against the verification of an opinion, or reservations as to whether a given opinion comes from the Customer or whether a given Customer purchased a given Product may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Regulations.

11.8. The Seller does not post or have any other person post false Customer reviews or recommendations, and does not distort Customer reviews or recommendations in order to promote its Products. The Seller provides both positive and negative reviews. The Seller does not provide sponsored reviews.

12. ILLEGAL CONTENT AND OTHER CONTENT NOT IN COMPLIANCE WITH THE RULES

12.1. This section of the Regulations contains provisions resulting from the Digital Services Act in the scope concerning the Online Store and the Service Provider. The Service Recipient is not generally obliged to provide content when using the Online Store, unless the Regulations require the provision of specific data (e.g. data for placing an Order). The Service Recipient may have the possibility to add an opinion or comment in the Online Store using the tools provided for this purpose by the Service Provider. In each case of providing content by the Service Recipient, he is obliged to comply with the principles contained in the Regulations.

12.2. Contact point – The Service Provider designates the email address contact@sashweightslondon.com as a single point of contact. The contact point enables direct communication between the Service Provider and the authorities of the Member States, the European Commission and the Digital Services Council, and at the same time enables the receipt of requests from services (including Service Recipients) direct, fast and advance messages from the Service Provider regarding illegal content on the network and obligations in the application of the Digital Services Act. The Service Provider indicates the Polish and English languages ​​for the purposes of communication with its contact point.

12.3. Procedure for reporting Illegal Content and action pursuant to Article 16 of the Digital Services Act:

12.3.1. Any person or entity may report to the Service Provider the presence of specific information that a given person or entity considers to be Illegal Content by sending an e-mail contact@sashweightslondon.com

12.3.2. The report should be sufficiently precise and duly justified. For this purpose, the Service Provider enables and facilitates the submission of reports to the above e-mail address containing all of the following elements: (1) a sufficiently justified explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, namely the link (URL address) or the exact place where the content is available, an addition of information enabling tracing of this Illegal Content, appropriate to the type of content and the specific type of service; (3) the name and surname or business name of the person or entity making the report, except for the report concerning information considered to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and (4) a declaration by the reporting party that the data provided by them is true and by the person or entity making the report that the information and allegations contained therein are true and complete.

12.3.3. The notification referred to above shall be deemed to be part of the basis for obtaining actual knowledge or awareness of the content referred to in the Digital Services Act in relation to information, notification. The notification should be submitted and analyzed with due diligence and the determination - without detailed legal analysis - of the illegal nature of the activity or information.

12.3.4. If the report contains electronic contact details of a person or entity, the Service Provider shall ensure that the person or entity reporting the allegations submits such data or confirms receipt of the report to such entity. The Service Provider uses a permanent database of unnecessary information for persons or persons and entities who, due to their obligations regarding the information to which the report relates, provide information on the possibility of appealing the decision taken.

12.3.5. The Service Provider shall consider all reports received under the mechanisms referred to above and shall make a decision with respect to the information to which the reports relate in a timely, non-arbitrary and objective manner and with due diligence. If there is a need for the Service Provider to consider or make decisions, it shall use automated procedures, take into account information on this subject and other information on this subject, including that raised in point.

12.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, in relation to information provided by Service Recipients:

12.4.1. The following rules apply to the Service Recipient in the event of providing any content within the Online Store:

12.4.1.1. the obligation to use the Online Store, including posting content (e.g. as part of opinions or comments), in accordance with its intended purpose, these Regulations and in a manner consistent with the law and good practices, taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider and third parties;

12.4.1.2. the obligation to enter content that is true and not misleading;

12.4.1.3. prohibition of providing content of an unlawful nature, including the prohibition of providing Illegal Content;

12.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Store;

12.4.1.5. prohibition of providing content that violates the generally accepted rules of netiquette, including vulgar or offensive content;

12.4.1.6. the obligation to have – if necessary – all required rights and permits to provide such content on the Online Store websites, in particular copyrights or required licenses, permits and consents for their processing;

12.4.1.7. the obligation to use the Online Store in a way that does not pose a threat to the security of the Service Provider's, the Online Store's or third parties' IT system.

12.4.2. The Service Provider reserves the right to moderate content provided by Service Recipients to the Online Store website. Moderation is carried out in good faith and with due diligence and taking into account the initiative of the Service Provider or the received notification in order to detect, identify and remove Illegal Content or other content that does not comply with the Regulations or to cancel their access or to take the necessary steps to meet the requirements of European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act and other provisions contained in the Regulations.

12.4.3. The moderation process may be carried out manually by a human or based on automated or partially automated tools that help the Service Provider identify Illegal Content or other content that is inconsistent with the Regulations. After identifying such content, the Service Provider shall decide whether to remove or revoke access to the content or otherwise limit its availability or take other actions that it deems appropriate in a given case. The Service Provider shall provide explanations of objections and other information upon request, including the possibility of informing the Service Recipient who provided the content (if they have their contact details) of their decision, providing the grounds for it and the available possibilities of appealing against this decision.

12.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the services, in particular taking into account the removal or invalidation of content that is incompatible with European Union law, such as freedom of expression, freedom of media pluralism and other fundamental rights and freedoms.

12.5. Any comments, complaints, claims, appeals or reservations regarding decisions or other actions or lack of action taken by the Service Provider based on the received notification or decision of the Service Provider taken in accordance with the provisions of these Regulations may be submitted in a manner analogous to the complaints procedure indicated in point 6 of the Regulations. Using this procedure is free of charge and allows for submitting complaints electronically to the provided e-mail address. Using the procedure for reporting and considering complaints is without prejudice to the right of a given person or entity to initiate proceedings before a court and does not violate their other rights.

12.6. The Service Provider shall consider all comments, complaints, claims, appeals or objections regarding decisions or other actions or lack of action taken by the Service Provider on the basis of the notification received or the decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other notification contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the notification is unjustified or that the information to which the complaint relates is not illegal and inconsistent with the Regulations, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, either change its decision regarding the possible removal or disabling of access to the content or otherwise limiting its visibility or take other actions it deems necessary.

12.7. Service Recipients, persons or entities who have reported Illegal Content, to whom the Service Provider's decisions regarding Illegal Content or content inconsistent with the Regulations are addressed, have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of a Member State to resolve disputes regarding these decisions, including complaints that have not been resolved within the Service Provider's internal complaint handling system.

13. FINAL PROVISIONS

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

13.2. Changes to the Regulations:

13.2.1. The Service Provider reserves the right to make changes to these Regulations for important reasons, i.e.: changes in legal regulations; changes in the methods or terms of payment or delivery, being subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; adding new Electronic Services; the need to counteract an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breaches or other threats to cybersecurity - to the extent to which these changes affect the implementation of the provisions of these Regulations.

13.2.2. Notification of proposed changes is sent at least 15 days in advance before the date of entry into force of these changes, provided that the change may be introduced without observing the 15-day notice period in the event that the Service Provider: (1) is subject to a legal or regulatory obligation, on the basis of which it is obliged to change the Regulations in a manner that prevents it from meeting the 15-day notice period; or (2) must, as an exception, change its Regulations in order to counteract an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breach or other threats to cybersecurity. In such situations, referred to in the previous sentence, the introduction of changes shall take place with immediate effect, unless it is possible or necessary to apply a longer period for introducing changes, of which the Service Provider shall notify each time.

13.2.3. In the case of continuous agreements (e.g. provision of the Electronic Service - Account), the Service Recipient has the right to terminate the agreement with the Service Provider before the expiry of the notification period for proposed changes. Such termination becomes effective no later than 15 days from the date of receipt of the notification. In the case of conclusion of a continuous agreement, the amended Regulations are binding on the Service Recipient if they have been properly notified of the changes, in accordance with the scope of the action taken before the date of entry into force, and the Service Recipient has not terminated this agreement. Additionally, at this time, after receiving notification of changes, the Service Recipient may accept the introduced changes and thus resign from the further duration of the notification period. In the case of conclusion of an agreement of a different nature than continuous agreements, changes to the Regulations will not affect agreements concluded before their entry into force, unless the parties have expressly agreed otherwise.

13.2.4. If a change to the Regulations results in the introduction of prohibited provisions, these changes shall not apply and the Consumer shall have the right to withdraw from the contract.

13.3. In matters not regulated in these Regulations, the relevant provisions of Polish law shall apply, in particular: the Civil Code, the Consumer Rights Act and other relevant provisions of Polish law.

14. SAMPLE WITHDRAWAL FORM (ANNEX 2 TO THE CONSUMER RIGHTS ACT)

Sample withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)

– To:

Sashweightslondon
14 Gorst Road, London, NW10 6LE
contact@sashweightslondon.com

– I/We(*) hereby inform about my/our withdrawal from the contract of sale of the following goods(*) the contract for the delivery of the following goods(*) the contract for a specific work consisting in the production of the following goods(*)/the provision of the following service(*)

– Date of conclusion of the contract(*)/receipt(*)

– Name and surname of the consumer(s)

– Address of consumer(s)

– Signature of the consumer(s) (only if the form is submitted in paper format)

– Data

(*) Delete where not applicable.