Regulamin

ONLINE STORE TERMS AND CONDITIONS

KRAUSEFITNESS.COM

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS

  2. ELECTRONIC SERVICES IN THE ONLINE STORE

  3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

  4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

  5. COST, METHODS, AND DELIVERY/COLLECTION TIMELINES

  6. COMPLAINT HANDLING PROCEDURE

  7. OUT-OF-COURT DISPUTE RESOLUTION AND REDRESS PROCEDURES

  8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  9. PROVISIONS CONCERNING ENTREPRENEURS

  10. PRODUCT USAGE RULES – DIGITAL CONTENT AND SERVICES

  11. PRODUCT REVIEWS

  12. ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE TERMS

  13. FINAL PROVISIONS

  14. MODEL WITHDRAWAL FORM

These Online Store Terms and Conditions were prepared by the legal team of Prokonsumencki.pl.

The Online Store www.krausefitness.com cares for consumer rights. The Consumer may not waive the rights granted to them in the Consumer Rights Act. Contractual provisions less favorable to the Consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted by mandatory legal provisions, and any doubts should be interpreted in favor of the consumer. In case of any inconsistency between these Terms and the aforementioned laws, those laws shall take precedence and must be applied.

1. GENERAL PROVISIONS

1.1. The Online Store available at www.krausefitness.com is operated by ADRIAHOME RATYŃSKI SPÓŁKA JAWNA, entered into the Central Register and Information on Economic Activity (CEIDG) of the Republic of Poland, with its registered office and service address at: ul. Żeleźniki 130, 07-106 Miedzna, NIP: 8241811514, REGON: 387324748, email: info@krausefitness.com, telephone: +48 735 033 624.

1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a specific provision states otherwise.

1.3. The Controller of personal data processed in the Online Store in connection with these Terms is the Seller. Data is processed for the purposes and based on the principles indicated in the Privacy Policy published on the website. Providing personal data is voluntary but may be necessary to conclude an agreement.

1.4. Definitions:

  • 1.4.1. DIGITAL SERVICES ACT (DSA): Regulation (EU) 2022/2065 regarding a single market for digital services.

  • 1.4.2. BUSINESS DAY: One day from Monday to Friday, excluding public holidays.

  • 1.4.3. REGISTRATION FORM: A form available in the Store to create an Account.

  • 1.4.4. ORDER FORM: An Electronic Service/interactive form to place an Order by adding Products to a cart and defining sales terms.

  • 1.4.5. CUSTOMER: A natural person, legal person, or organizational unit with legal capacity that has concluded or intends to conclude a Sales Agreement.

  • 1.4.6. CIVIL CODE: The Civil Code Act of 23 April 1964.

  • 1.4.7. ACCOUNT: An Electronic Service with a login and password where Customer data and order history are stored.

  • 1.4.8. NEWSLETTER: An Electronic Service for receiving periodic information about Products and promotions via email.

  • 1.4.9. ILLEGAL CONTENT: Information not in compliance with EU or national law.

  • 1.4.10. PRODUCT: A movable item (including digital elements), digital content, service, or right subject to the Sales Agreement.

  • 1.4.11. TERMS AND CONDITIONS: This document.

  • 1.4.12. ONLINE STORE: The website www.krausefitness.com.

  • 1.4.13. SELLER / SERVICE PROVIDER: ADRIAHOME RATYŃSKI SPÓŁKA JAWNA (details in point 1.1).

  • 1.4.14. SALES AGREEMENT: A contract for the sale/delivery of a Product concluded via the Store.

  • 1.4.15. ELECTRONIC SERVICE: A service provided electronically by the Service Provider (e.g., Account, Newsletter).

  • 1.4.16. SERVICE USER: Any entity using the Electronic Services.

  • 1.4.17. CONSUMER RIGHTS ACT: The Act of 30 May 2014.

  • 1.4.18. ORDER: A declaration of intent to conclude a Sales Agreement.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available: Account, Order Form, and Newsletter.

  • 2.1.1. Account: Creating an account requires (1) filling in the Registration Form, (2) clicking "Create Account," and (3) confirming via email. Required data: name/company, address, email, phone, and password. For businesses: NIP number.

    • 2.1.1.1. The Account service is free and provided for an indefinite period. Users may delete their account at any time by contacting info@krausefitness.com.

  • 2.1.2. Order Form: Use begins when the first Product is added to the cart. Submission occurs after (1) filling the form and (2) clicking "Confirm Purchase." Required: contact details, Product details, delivery, and payment method.

    • 2.1.2.1. This service is free, one-time, and ends upon order submission or cancellation.

  • 2.1.3. Newsletter: Use begins by providing an email in the "Newsletter" tab and clicking "Subscribe."

    • 2.1.3.1. The service is free and indefinite. Users may unsubscribe at any time.

2.2. Technical Requirements: (1) device with internet access; (2) active email; (3) modern web browser (Firefox, Chrome, Safari, Edge, etc.); (4) minimum resolution 1024x768; (5) Cookies and Javascript enabled.

2.3. Service Users must use the Store in a lawful manner, respecting third-party rights and providing factual data. Providing Illegal Content is strictly prohibited.

2.4. Complaint procedures for Electronic Services are detailed in Section 6.

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.

3.2. The Product price displayed on the Online Store website is given in Polish Zloty (PLN) and includes taxes. The Customer is informed of the total price including taxes, as well as delivery costs (including transport, delivery, and postal fees) and any other costs—or the obligation to pay them if the amount cannot be determined—during the placement of the Order, including at the moment the Customer expresses their will to be bound by the Sales Agreement.

3.3. Procedure for Concluding a Sales Agreement via the Order Form:

  • 3.3.1. The Sales Agreement is concluded after the Customer places an Order in accordance with point 2.1.2 of the Terms and Conditions.

  • 3.3.2. After the Order is placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation and acceptance occur by sending the Customer an appropriate email to the address provided during the Order process. This email contains the Seller's statement of receipt and acceptance of the Order and confirmation of the conclusion of the Sales Agreement. Upon receipt of this email, the Sales Agreement is concluded.

3.4. The content of the Sales Agreement is recorded, secured, and made available to the Customer by (1) providing these Terms and Conditions on the Online Store website and (2) sending the email referred to in point 3.3.2. The content is additionally stored and secured in the Seller’s IT system.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the following payment methods:

  • 4.1.1. Cash on delivery (COD) upon receipt of the shipment.

  • 4.1.2. Cash on personal pickup.

  • 4.1.3. Bank transfer to the Seller's bank account.

  • 4.1.4. Electronic payments and credit card payments via PayU.pl. Current available methods are specified on the Store's website and at http://www.payu.pl.

    • 4.1.4.1.1. PayU.pl is operated by PayU S.A., with its registered office in Poznań (ul. Grunwaldzka 186, 60-166 Poznań), KRS 0000274399, NIP 7792308495.

4.2. Payment Deadlines:

  • 4.2.1. For bank transfers or electronic/card payments: within 3 calendar days from the date of concluding the Sales Agreement.

  • 4.2.2. For COD or cash on personal pickup: at the time of receipt/collection.

5. COST, METHODS, AND DELIVERY/COLLECTION TIMELINES

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

5.2. Delivery is subject to a fee unless the Sales Agreement states otherwise. Delivery costs are indicated to the Customer during the Order process.

5.3. Personal pickup by the Customer is free of charge.

5.4. Available delivery/collection methods:

  • 5.4.1. Courier delivery; courier delivery with COD.

  • 5.4.2. Personal pickup at: ul. Żeleźniki 130, 07-106 Miedzna – on Business Days, between 09:00 and 17:00.

5.5. Delivery Time: Up to 7 Business Days, unless a shorter period is specified. The period begins:

  • 5.5.1. For transfers/electronic payments: from the date the Seller's account is credited.

  • 5.5.2. For COD: from the date of concluding the Sales Agreement.

5.6. Readiness for Pickup: Up to 7 Business Days. The Customer will be notified when the Product is ready. Timelines are calculated as in points 5.5.1 and 5.5.2.

6. COMPLAINT HANDLING PROCEDURE

6.1. This point defines the common complaint procedure for Products, Sales Agreements, Electronic Services, and other Store operations.

6.2. Submission of Complaints:

  • 6.2.1. In writing to: ul. Żeleźniki 130, 07-106 Miedzna.

  • 6.2.2. In electronic form via email: info@krausefitness.com.

6.3. Returning a Product under a complaint should be made to: ul. Żeleźniki 130, 07-106 Miedzna.

6.4. It is recommended to include: (1) details of the issue and date of occurrence; (2) the requested remedy (repair, replacement, price reduction, or withdrawal); and (3) contact details. These are recommendations only and do not affect the validity of the complaint.

6.5. The Customer must notify the Seller of any change in contact details during the procedure.

6.6. Evidence (photos, documents, or the Product) may be attached to the complaint.

6.7. The Seller will respond within 14 calendar days. If the complaint is justified and covered by a Seller’s warranty, the Seller will repair or remove the defect. If transport is required, the Seller provides pickup and return at their own expense.

6.8. Statutory Liability: The Seller is liable for lack of conformity for 2 years from delivery.

  • 6.8.1. Agreements concluded until Dec 31, 2022: Subject to Civil Code "Warranty" (rękojmia) provisions. Warranty is excluded for non-consumers.

  • 6.8.2. Movable items (from Jan 1, 2023): Subject to the Consumer Rights Act (Art. 43a - 43g).

  • 6.8.3. Digital content/services (from Jan 1, 2023): Subject to the Consumer Rights Act (Art. 43h – 43q).

6.9. Commercial Warranty: A separate warranty may be provided by the manufacturer or distributor. This does not limit the Customer’s legal rights against the Seller.

6.10. Consumer provisions in points 6.8.2 and 6.8.3 also apply to natural persons concluding an agreement directly related to their business activity when the agreement is of a non-professional nature for them.

7. OUT-OF-COURT DISPUTE RESOLUTION AND REDRESS PROCEDURES

7.1. Out-of-court dispute resolution methods include (1) mediation; (2) conciliation; and (3) arbitration. Detailed information for Consumers regarding these procedures and a search engine for authorized entities are available on the website of the Office of Competition and Consumer Protection (UOKiK) at: https://polubowne.uokik.gov.pl/.

7.2. A contact point at the President of UOKiK provides information on out-of-court resolution of consumer disputes. Contact: (1) phone: +48 22 55 60 332; (2) email: kontakt.adr@uokik.gov.pl; or (3) in person at Plac Powstańców Warszawy 1, Warsaw.

7.3. Examples of consumer options: (1) application to a permanent consumer arbitration court; (2) application to a provincial inspector of the Trade Inspection; or (3) assistance from a district (municipal) consumer ombudsman or consumer protection NGOs. Advice is available at porady@dlakonsumentow.pl or via the helpline 801 440 220.

7.4. [Important: The ODR platform expires on March 20, 2025, and will be liquidated on July 20, 2025.] The ODR platform (Online Dispute Resolution) for EU-wide disputes is available at http://ec.europa.eu/odr.

8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

8.1. A Consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except as specified in point 8.8. To meet the deadline, it is sufficient to send the statement before the period expires.

  • 8.1.1. Written address: ul. Żeleźniki 130, 07-106 Miedzna.

  • 8.1.2. Email: info@krausefitness.com.

8.2. Return of Products: Goods should be returned to: ul. Żeleźniki 130, 07-106 Miedzna. The Consumer bears the direct costs of returning the Product (shipping/courier fees). The Seller does not accept "cash on delivery" (COD) return shipments.

8.3. A model withdrawal form is available in point 14, but its use is not mandatory.

8.4. Withdrawal Period Start:

  • 8.4.1. For sales of goods: from the date the Consumer (or a third party other than the carrier) takes possession of the Product.

  • 8.4.2. For other agreements: from the date of conclusion.

8.6. Refunds:

  • 8.6.1. The Seller shall refund all payments, including delivery costs (except for additional costs resulting from a non-standard delivery method chosen by the Customer), within 14 days of receiving the withdrawal notice. Refunds are issued using the same payment method as the original transaction. The Seller may withhold the refund until the Product is returned or proof of shipment is provided.

  • 8.6.2. The Consumer must return the Product within 14 days of withdrawal.

  • 8.6.3. The Consumer is liable for any diminished value of the Product resulting from handling it beyond what is necessary to establish its nature, characteristics, and functioning.

8.7. Digital Content/Services:

  • 8.7.1. Upon withdrawal, the Seller may prevent further use of digital content or services (e.g., by blocking the account). The Consumer has the right to retrieve their non-personal data content free of charge in a machine-readable format.

  • 8.7.2. The Consumer must cease using the digital content/service and making it available to third parties.

8.9. Exceptions to the Right of Withdrawal: The right does not apply to (among others): (1) fully performed services with prior consent; (3) non-prefabricated items made to customer specifications; (5) sealed items that cannot be returned for health/hygiene reasons if opened after delivery; (9) sealed audio/video/software recordings if opened; (13) digital content not delivered on a physical medium if performance began with consent and awareness of losing the right to withdraw.

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1. This section applies exclusively to Customers who are not consumers and (since Jan 1, 2021) do not have "quasi-consumer" status (non-professional business activity).

9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days without providing a reason and without liability.

9.3. Statutory warranty (rękojmia) and liability for non-conformity are excluded.

9.4. The Seller will respond to a complaint within 30 calendar days.

9.7. Limitation of Liability: The Seller's total liability (regardless of legal basis) is limited to the price paid plus delivery costs, but not exceeding 1,000 PLN. The Seller is only liable for typical, foreseeable damages and is not liable for lost profits or delivery delays.

9.8. Any disputes shall be settled by the court having jurisdiction over the Seller's registered office.

10. PRODUCT USAGE RULES – DIGITAL CONTENT AND SERVICES

10.2. All copyrights to Products belong to the Seller or third-party licensors.

10.4. Products are for the Customer’s personal or internal business use only. Unauthorized sharing, reselling, sublicensing, or reverse-engineering is strictly prohibited.

10.6. Access is granted via digital delivery (email/URL) to the address provided during the Order.

11. PRODUCT REVIEWS

11.1. The Seller allows Customers to post reviews.

11.3. Reviews may only be submitted for Products actually purchased in the Store by the reviewer. Fictitious orders to generate reviews are prohibited.

11.6. Verification: The Seller ensures reviews come from real Customers by: (1) manual verification of purchase history; or (2) sending individual review links via email.

11.8. The Seller does not post fake reviews and displays both positive and negative opinions. Sponsored reviews are not published.

12. ILLEGAL CONTENT (DIGITAL SERVICES ACT - DSA)

12.2. CONTACT POINT: The designated contact point for communications regarding the DSA is info@krausefitness.com. Languages: Polish and English.

12.3. Reporting Illegal Content: Any person can report content they believe is illegal. The report should include: (1) justification; (2) exact URL; (3) contact details; (4) a statement of good faith.

12.4. Content Moderation: Users must not provide content that is: (1) illegal; (2) misleading; (3) spam; (4) offensive or vulgar. The Seller reserves the right to moderate, remove, or restrict the visibility of content that violates these rules or the law.

12.5. Any comments, complaints, appeals, or objections regarding decisions or other actions (or lack thereof) taken by the Service Provider based on a received report, or decisions made in accordance with these Terms and Conditions, may be submitted using the procedure analogous to the complaint procedure described in Section 6. Using this procedure is free of charge and allows for the electronic submission of complaints to the provided email address. The use of this internal complaint-handling system is without prejudice to the right of the person or entity concerned to initiate court proceedings and does not affect their other legal rights.

12.6. The Service Provider shall process all comments, complaints, appeals, or objections regarding decisions or other actions (or lack thereof) in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other report provides sufficient grounds for the Service Provider to determine that its decision not to act is unjustified, or that the information to which the complaint relates is neither illegal nor inconsistent with the Terms and Conditions, or contains information indicating that the complainant's conduct does not justify the measure taken, the Service Provider shall, without undue delay, reverse or amend its decision regarding the removal, disabling of access, or other visibility restrictions, or take any other action deemed necessary.

12.7. Service Users, as well as persons or entities that have reported Illegal Content and are affected by the Service Provider's decisions regarding Illegal Content or content inconsistent with the Terms and Conditions, have the right to select any out-of-court dispute resolution body certified by the Digital Services Coordinator of a Member State to resolve disputes concerning these decisions. This includes disputes regarding complaints that were not resolved through the Service Provider's internal complaint-handling system.

13. FINAL PROVISIONS

13.1. Agreements concluded through the Online Store are concluded in the Polish language.

13.2. Amendments to the Terms and Conditions:

  • 13.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, namely: changes in law; changes in payment or delivery methods or timelines; compliance with legal or regulatory obligations; changes in the scope or form of provided Electronic Services; addition of new Electronic Services; or the necessity to counter unforeseen and immediate threats related to the protection of the Online Store (including Electronic Services and Service Users/Customers) against fraud, malware, spam, data breaches, or other cybersecurity threats—to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

  • 13.2.2. Notification of proposed changes is sent at least 15 days before the changes take effect. However, a change may be introduced without the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation that requires changing the Terms in a manner that prevents meeting the 15-day notice period; or (2) must exceptionally change the Terms to counter an unforeseen and immediate threat related to the protection of the Online Store and its Users against fraud, malware, spam, or data breaches. In these cases, the changes take effect immediately, unless a longer period is possible or required, of which the Service Provider will notify each time.

  • 13.2.3. In the case of continuous agreements (e.g., Electronic Service – Account), the Service User has the right to terminate the agreement before the notice period for the proposed changes expires. Such termination becomes effective within 15 days of receiving the notification. If the agreement is continuous, the amended Terms are binding if the User was properly notified and did not terminate the agreement within the notice period. The User may also explicitly accept the changes at any time, thereby waiving the remainder of the notice period. For non-continuous agreements, amendments will not affect rights acquired by the User before the changes took effect; specifically, amendments will not affect Orders already placed or Sales Agreements already concluded, ongoing, or performed.

  • 13.2.4. Should an amendment to the Terms and Conditions result in the introduction of any new fees or an increase in existing ones, the Consumer has the right to withdraw from the agreement.

13.3. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means of 18 July 2002; the Consumer Rights Act; and other relevant provisions of generally applicable law.

14. MODEL WITHDRAWAL FORM

(ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)

Model Withdrawal Form (Complete and return this form only if you wish to withdraw from the contract)

Recipient: ADRIAHOME RATYŃSKI SPÓŁKA JAWNA ul. Żeleźniki 130, 07-106 Miedzna, Polandwww.krausefitness.com info@krausefitness.com

Statement: I/We() hereby give notice that I/We() withdraw from my/our() contract of sale of the following goods()/for the delivery of the following goods()/for the specific task consisting in the performance of the following goods()/for the provision of the following service(*):

Date of conclusion of the contract()/receipt(): ___________________________________

Name of consumer(s): ___________________________________________________________

Address of consumer(s): _________________________________________________________

Signature of consumer(s): _______________________________________________________ (only if this form is notified on paper)

Date: __________________________

(*) Delete as appropriate.