GENERAL PROVISIONS

1. The e-hurtowniasportowa.pl online store is owned by Marba-Sport Marcin Mocarski spółka komandytowa, based on 69A Gdyńska Street, 80-209 Miszewko, NIP (VAT no.): PL 589-202-76-42, REGON: 365045787, telephone: 0048-58-687-05-38.
2. The e-hurtowniasportowa.pl store is available at: www.e-hurtowniasportowa.pl, the website that allows making online purchases.
3. These regulations define terms and conditions of using the e-hurtowniasportowa.pl online store, which include: placing orders, delivery and payment conditions, customer rights when it comes to cancelling an order or withdrawing from a contract and so as the rules for registering and dealing with complaints.
4. All prices of goods offered at the e-hurtowniasportowa.pl online store are expressed in Polish Zlotys and are VAT exclusive. For entities which are located outside the country of the Seller, it is highly recommended to use EUR currency option, which can be found in the menu bar. The currency should be changed before submitting the order.
5. The prices published on the e-hurtowniasportowa.pl website are only an invitation to submit offers within the meaning of Art. 71 of the Polish Civil Code and do not constitute an offer in accordance with Art. 66 par. 1 of the Polish Civil Code.

   REGISTRATION IN THE e-hurtowniasportowa.pl ONLINE STORE

6. The e-hurtowniasportowa.pl online store is a business-to-business e-commerce platform. Registration can only be made by customers whose business profile is associated with a further resale of sports and tourists equipment. The access to the offer presented on the website is given only to the registered Users, who were positively verified as far as their business profile is concerned. Marba-Sport does not cooperate with clients on the principles of dropshipping. 
7. In order to register in the e-hurtowniasportowa.pl online store, you must fill in a registration form, providing your e-mail address, password, country, and company details (address and VAT number). After completing the form, you will be asked to read and then accept the Terms and Conditions of the e-hurtowniasportowa.pl online store. After clicking the 'sign up' button, there will be an automatically generated e-mail message with a link sent to the e-mail address provided. Use that link to confirm your registration. Additionally, our clients are required to deliver an extract from a register of entrepreneurs they are registered in, REGON and VAT numbers certificates and a confirmation of registration for VAT purposes. Those documents will be used to confirm customer's data and business profile. They should be sent in their electronic version to: sprzedaz@e-hurtowniasportowa.pl.
8. After successfully completed verification, the account is activated by the administrator, of which  the customer will be notified by an automatically generated e-mail message. Such notification will be sent to an e-mail address provided during client's registration. Every log-in to the e-hurtowniasportowa.pl account is also carried out using data provided in the registration form.
9. Registering in the e-hurtowniasportowa.pl online store is free of charge.

   ORDER PLACEMENT AND FULFILMENT PROCEDURE

10. The e-mail address and telephone number provided by the Buyer may only be used for the purpose of fulfiling the order received.
11. The main condition of the order fulfilment is a correct completion of the order form, available on the e-hurtowniasportowa.pl online store website.
12. Incorrectly filled in order forms will not be processed. A properly completed form should contain: name, colour, size and quantity of goods, name and surname of the recipient, exact delivery address, contact telephone number and e-mail address of the Buyer.
13. In the event of circumstances which completely or only temporarily prevent order completion, the e-hurtowniasportowa.pl reserves the right to suspend its execution. The Buyer will be immediately notified if such situation occurs.
14. All purchased goods will be delivered to the address indicated in the order form (within the U.E. territory only).
15. The Buyer has the right to choose the method of delivery. Its options are listed in the order form. Forms of delivery different from the standard ones are possible but only if prior individual arrangements via e-mail, fax or telephone are made. International parcels are shipped only with DPD courier service.
16. While purchasing the goods, the Buyer can choose one of the following methods of payment: cash on delivery, advance payment or an invoice with a deferred payment date. The last one is not possible for the newly registered Users and its terms are negotiated with each client individually. The Buyer whose head office is located outside the territory of Poland is required to make a full prepayment.
17. Shipping cost must be covered by the Buyer. In certain cases and if allowed by Marba-Sport,  delivery may be at the Seller's expense. 
18. Orders can be placed 24/7, all year round. The ones that are submitted after 4:00 p.m on week days and on Saturdays, Sundays or during Polish public holidays will be processed on the consecutive working day.  All orders will be fulfiled within 1-3 working days since the payment is received.
19. The Seller reserves the right to have a temporary lack of goods or their specified size or colour. The Buyer will be immediately notified if such situation occurs. 
20. The Seller is not financially liable for non-delivery of the parcel due to an incorrectly provided  delivery address. If happens, the re-shipment of the goods is arranged at the expense of the Buyer.
21. Some products - the large ones for instance, are shipped in packages for self-dependent mounting. The instruction for self-assembly is always attached.
22. Discount coupons have their validity period specified by the store. Products from the sale section or any other already discounted goods are not being subject to additional discounts.

    WARRANTY AND COMPLAINTS 

23. The Seller is liable to the Buyer for any material defects of goods or any defects of title.  
24. The Buyer can exercise the rights under warranty if any physical defect is found before the expiry of 2 years from the date of delivery of goods to the customer, regardless his rights resulting from the guarantee.  Execution of rights arising from the guarantee does not affect or restrict the customer's rights under warranty (affect Seller's liability under the warranty). 
25. All goods offered in the e-hurtowniasportowa.pl online store are covered by the manufacturer's warranty and delivered with appropriate warranty cards, if such are provided by importers or manufacturers. In other cases, the claims will be considered on the basis of a proof of purchase.
26. To lodge a complaint, please contact our Complaint Department at: reklamacje@e-hurtowniasportowa.pl or an appropriate service centre, if its address is provided on product's warranty card. Complaint procedure can be initiated only on the basis of a warranty card, which the Buyer receives along with the goods.
27. In the case of a complaint, the Buyer needs to return the goods to the address of Marba-Sport Marcin Mocarski spółka komandytowa.
28. In the case of the customers with head office in the territory of Poland, shipping cost related to an accepted complaint is covered by the Seller. Marba-Sport refunds the cost of shipment in amount of 13.40 PLN. If the package weight exceeds 30 kg, the refund will be calculated individually. In case of the latter, please contact our Customer Services before returning the goods. The Seller does not accept parcels which are to be paid cash on delivery. As far as the foreign Clients are concerned, the return conditions are established individually.  
29. The Buyer is obliged to inspect the content of the parcel upon its delivery. If any shortage or damage occurred during transport, a proper shipping damage report must be written in the presence of the carrier. 
30. Any complaints on transport orders need to be lodged not later than 48 hrs after reception of shipment. In the case of theft, loss, damage or destruction of parcel during transport, please contact us at 0048-58-680-22-64 or e-mail address: sprzedaz@e-hurtowniasportowa.pl. Claims regarding any inconsistency of a delivery with an invoice shall be submitted as soon as possible  at 0048-58-680-22-64 or e-mail address: sprzedaz@e-hurtowniasportowa.pl. In case of a claim concerning a delivery service provided by a freight forwarder, if any discrepancies in quantity of goods or a weight of cargo occur between what an invoice or a bill of lading states and what is delivered, the Recipient is obliged to compile a claim report  with the participation of the forwarding agency and immediately notify Marba-Sport of such event - by telephone and in writing.
31. Please, be advised that when sales contracts are concluded by a company the right to withdraw from a distance contract is not eligible. The Act of 30 May 2014 on Consumer Rights (Journal of Laws of 24 June 2014, item. 827) which enables the withdrawal from a distance contract is a consumer law. It regulates relations between a trader and a consumer, who is a natural person and takes a legal action with an entrepreneur which is not directly related to his/her business or a professional activity.
32. We inform that everyone can benefit from a possibility of having recourse to an out-of-court complaint and redress mechanism. For this purpose, a special ODR internet platform has been made available at http://ec.europa.eu/consumers/odr/. This ODR platform is an interactive and multilingual website with a Contact Point for consumers and entrepreneurs seeking for an out-of-court settlement of disputes regarding contractual obligations arising from an online sales or service contract.

    PERSONAL DATA AND PRIVACY POLICY

33. While placing an order in the online store, the User provides the following data: name and surname of a contact person, company name, e-mail address, telephone number, address and NIP (VAT) number (in the registration form). Providing personal data by the User is voluntary, however, their lack will prevent the execution of an order. The legal basis for collecting such (mandatory) data by the Controller is the necessity of their processing in order to perform the contract (Article 6 (1) (b) of the GDPR), and as far as the optional data are concerned, the legal basis for their processing is a consent given by a data subject (Article 6 (1) (a) of the GDPR).
34. The e-hurtowniasportowa online store also processes Users' data:
    1. for analytical and statistical purposes - the basis for the processing of personal data is a legitimate interest of the Personal Data Controller (Article 6 (1) (f) of the GDPR) – it consists of analysis of User behaviour on the website, how they use their account, as well as their preferences. It helps the Collector to improve website's functionalities;
    2. in order to establish, exercise or defend against claims - the legal basis for the processing is a legitimate interest of the Personal Data Controller (Article 6 (1) (f) of the GDPR) – it consists of protection of the Controller's rights;
    3. for marketing purposes of the Controller - the legal basis for the processing is a legitimate interest of the Personal Data Controller (Article 6 (1) (f) of the GDPR) – it consists of protection of the Controller's rights.
35. In order to execute the order, the Controller may transfer User's personal data, such as: name and surname of the contact person, company name, its address, e-mail address and telephone number to third parties on the purpose of a proper performance of the contract. It regards, in particular transferring personal data to a company which provides courier services to the Controller in order to deliver parcels. 
36. The Personal Data Controller is Marba-Sport Marcin Mocarski spółka komandytowa with headquarters in Miszewko, ul. Gdyńska 69A, postal code: 80-209, entered into the Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register under KRS number: 0000630315, NIP (VAT): PL 589-202-76-42, REGON number: 365045787. All entrusted personal data are protected in accordance with applicable laws, and according to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, and all other legislative acts concerning its implementation that are to be issued.
37. The User has the right to request access to and rectification or erasure of his/her personal data. The User can also restrict or object against/to data processing as well as has the right to data portability.
38. The User (as a personal data subject) is entitled to withdraw his/her consent at any time, without it affecting the lawfulness of processing based on consent before its withdrawal.
39. The User has the right to lodge a complaint against the processing of his data by the Controller with the President of the Personal Data Protection Office.
40. The User may give additional consent to the processing of his personal data regarding: an e-mail address, name and surname of the contact person in the company for marketing purposes accomplished by the Controller, in order to inform him about news, promotions and new services available in the store in a form of a newsletter. If the customer has agreed to receive newsletters, his email address will be used only for this purpose. Newsletter subscribers receive irregular messages about novelties in the offer, current promotions and other new services available in the store. The User can easily unsubscribe at any time. It is possible to withdraw a consent by contacting us at the address provided in the Privacy Policy or using an opt-out link which can be found at the bottom of each newsletter message. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
41. To enhance site usability and its processes, to help Users navigate the website more efficiently and perform certain function, the mechanism that manages it uses technology known as cookies (also called as browser cookies or tracking cookies). These are small, often encrypted text files, located in browser directories and stored on a User's device or computer. The cookie technology is not aimed at obtaining any data about people who visit the website nor tracking their navigation. The User may disable the option of accepting cookies directly in his web browser at any time. However, this may cause some difficulties in using store functionalities. Detailed information on cookies can be found in our Privacy Policy.
42. The Controller will store the User's personal data:
    1. when personal data are processed on the basis of consent, the processing period lasts until the User withdraws the consent;
    2. when the Controller processes personal data on the basis of a legitimate interest, the processing period lasts until the cessation of the above-mentioned interest (e.g. the end of limitation period for civil claims) or until the objection against processing is raised by data subject, as long as such objection is lawful. In such case, the Controller shall no longer process the personal data unless the Controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of the data subject.
43. More details on User data protection can be found in our Privacy Policy.

     PROVISIONS CONCERNING ENTREPRENEURS

44. The provisions in this chapter shall apply only to Buyers (Customers) who are not consumers at the same time (Entrepreneurs).
45. The Seller reserves the right to limit the available methods of payment and to require a full of a partial pre-payment, regardless of a payment method selected in the order form and the  conclusion of a sales contract.
46. The Buyer is obliged to meet obligations arising out of the sales agreement – in particular, to make payment and to collect the consignment. The payment should be made immediately, but not later than 14 days from the day of the conclusion of the agreement, unless otherwise provided for in the sales contract.
47. Goods which are subject of the sales contract concluded with an Entrepreneur, remain in the ownership of the Seller until the payment which relates to that agreement is made.
48. All and any profits and burdens related to the goods as well as risk of accidental loss or damage to the goods shall be transferred to the Entrepreneur (the Buyer) upon handing over of the goods by the Seller to the carrier. In such case, the Seller accepts no liability for the loss, partial loss or damage to the goods occurring between the acceptance of the consignment for handling by the carrier and its delivery as well as for the late delivery of the consignment.
49. If the goods are shipped via carrier, the Recipient (a Customer who is not a consumer) is required to inspect the shipment upon its delivery (in time and in a manner generally accepted for deliveries of this kind). Should it be found that shortages or damage to the goods occurred during transport, the Purchaser shall be obliged to take any and all actions necessary to determine the carrier’s responsibility.
50. Any liability of the Seller resulting from conclusion of the agreement or from the sales of goods, regardless of the liability type, is limited, for both an individual claim and claims in aggregate, up to the amount of total contractual payments (goods and delivery costs).The Seller is liable to the Buyer only for the actual loss. This responsibility does not include any expected benefits or lost profits.

    FINAL PROVISIONS

51. In matters not covered by these regulations, the provisions of the Civil Code and the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) shall apply.
52. On free shipping days, free of charge delivery is offered for orders which total weight does not exceed 30 kg.