Choose language

Terms and conditions

Customer area

TERMS AND CONDITIONS OF THE ONLINE STORE ACTIVESHOP.COM.PL

I. GENERAL PROVISIONS

II. ORDERS

III. SHIPPING AND DELIVERY COSTS

IV. PAYMENT

V. RIGHT OF WITHDRAWAL

VI. COMPLAINTS

VII. PERSONAL DATA PROTECTION

VIII. COPYRIGHTS

IX. NEWSLETTER

X. RESERVATIONS AND FINAL PROVISIONS

XI. TERMS OF USING DISCOUNT COUPONS

XII. RECYCLING


I. GENERAL PROVISIONS

  1. These regulations define the rules for placing orders and selling goods offered through the online store activeshop.pl, as well as the rights and obligations of the parties resulting from the conclusion of the relevant contract electronically. By placing an order, the BUYER is obliged to confirm familiarity with these regulations by checking the box called "Acceptance of the regulations."
  2. The operator of the store is ACTIVESHOP Limited Liability Company (formerly ACTIV Tomasz Pacholczyk) with its registered office in Wrocław, ul. Graniczna 8B bud. DC2A 54-610 Wrocław, entered into the Register of Entrepreneurs kept by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register under number: 0000924072, REGON: 520066491, TAX ID: 8943173971 with a share capital of PLN 1,000,000.00 (hereinafter referred to as the "SELLER"). Other contact details: email: biuro@activeshop.pl, tel .: 71 725 41 71.
  3. BUYERS may be natural persons and organizational units with full legal capacity within the meaning of the provisions of the Civil Code.
  4. The SELLER provides, by electronic means, services related to online orders for offered goods and their implementation, as well as a newsletter service.
  5. The recipient of the content of services provided electronically may resign from services provided by the Store Operator at any time.
  6. BUSINESS OWNER AS A CONSUMER is a natural person, entering into an agreement directly related to his economic 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 economic activity carried out by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity
  7. Orders in the online store can be placed through the website, by phone, or by email.
  8. The technical requirements necessary to use the services provided by the BUYER are:
  9. a) mobile device with internet access,
  10. b) internet browser.
  11. The SELLER, in connection with the possibility of malicious software penetrating the BUYER'S ICT system, recommends the use of antivirus software.
  12. The BUYER is prohibited from providing the SELLER with content of an unlawful nature.

II. ORDERS

  1. Orders for the offered goods are accepted on the website of the store by filling in the order form by the BUYER.
  2. The BUYER is obliged to provide the following data in the order form: a) First name and last name, b) Residential address, c) Correspondence address, d) Email address, e) Phone number
  3. The BUYER can register in the store using the "Register" link placed on the store's website, which allows logging in and placing orders without the need to fill out the order form each time, as mentioned in point.
  4. Orders can be placed 24 hours a day, 7 days a week, via the Internet or by phone on business days from 8:00 a.m. to 5:00 p.m.
  5. Orders for which the payment options selected during placing the order are transfer or credit card payment will be processed after the payment for the ordered goods is credited to the SELLER's bank account.
  6. After placing an order, the BUYER will receive an email confirmation of the order to the email address provided in the order, in which the SELLER will inform the BUYER about the amount due for the goods, shipping costs, and the bank account number to which the BUYER should make the payment.
  7. The agreement between the BUYER and the SELLER is considered to be effectively concluded upon receiving a confirmation of the order acceptance sent by the SELLER to the email address provided by the BUYER.
  8. Commercial information, price lists, and product descriptions placed on the store's website do not constitute an offer within the meaning of Article 66 of the Civil Code, but are an invitation to conclude an agreement.
  9. The conditions for fulfilling non-standard orders are determined individually with the BUYER each time.
  10. The BUYER agrees to receive an electronic invoice and have it sent to the email address provided during the order placement. Placing an order is synonymous with a request for issuing an invoice as a document confirming the purchase.
  11. The SELLER is obliged to deliver goods free from defects.

 

III. SHIPPING AND DELIVERY COSTS

  1. The shipment of goods takes place within 48 hours after the payment is credited to the SELLER's bank account (applies to electronic payment options). In the case of choosing cash on delivery, the shipment is carried out within 48 hours after placing the order.
  2. The shipping costs are covered by the BUYER.
  3. The ordered goods are delivered through the courier company selected by the BUYER when placing the order, to the address indicated in the order form.
  4. The delivery time for goods is up to 3 business days from the date of handing over the shipment to the carrier for domestic shipments and up to 7 business days for international shipments. The BUYER is always clearly and explicitly informed about the transportation costs before placing the order.
  5. The BUYER has the option of personally collecting the purchased goods at the company's headquarters, after agreeing on the date with the SELLER. To pick up the order personally, the BUYER is required to check the option: personal collection in the order form. Personal collection of goods at the company's headquarters is free of charge.
  6. The delivery of goods is carried out only on business days.
  7. It is recommended that the BUYER report any damages, quantitative shortages, or incompleteness of the goods that may be related to the delivery, in order to expedite the complaint procedure, within 24 hours from the date of receiving the shipment, to the SELLER via email at biuro@163.com.pl and within 7 days directly to the chosen courier company.
  8. In the case of a BUYER who is not a consumer or a consumer entrepreneur, failure to report any damages, quantitative shortages, or incompleteness of the goods within 3 days from the date of delivery of the goods to the address indicated by the BUYER is considered to be equivalent to the BUYER's declaration of accepting the goods without any reservations and results in the loss of claims in this regard.
  9. The SELLER declares that it makes every effort to ensure that the delivery costs specified on the order page of the online store correspond to the actual costs, however, due to the diversity of the assortment, quantity of ordered goods, and characteristics and dimensions of some goods, the actual delivery costs may differ from the costs specified on the order page. Therefore, the SELLER undertakes to inform the BUYER immediately about the actual delivery costs before concluding the agreement. In such a situation, the order will be processed after the BUYER accepts the actual delivery costs.


IV. PAYMENTS

1. The prices of goods presented on the website are given in Polish zloty and include VAT. These prices do not include shipping costs.

2. The price valid at the time of order fulfillment by the SELLER is binding for both parties of the transaction.

3. The payment methods accepted by the SELLER are:

   a) bank transfer - making a transfer in the amount equal to the value of the order along with the shipping costs to the SELLER's bank account;

   b) cash on delivery in the amount equal to the value of the order along with the shipping costs - executed by the courier upon delivery of the shipment;

   c) cash in the amount equal to the value of the order upon personal collection of the goods at the company's headquarters;

   d) the following payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.

4. Regarding transactions with foreign entities, the only acceptable currency for the SELLER is euro.

5. In the event that a refund must be made in a currency other than euro to a foreign account number, the SELLER will charge the other party with an administrative fee of PLN 150, equivalent to the commission charged by the bank to the SELLER.

6. The entity providing online payment services is Blue Media S.A.

7. In the event that a refund is required for a transaction made by the customer using a payment card, the SELLER will refund the amount to the bank account linked to the customer's payment card.

8. The form of payment when placing an order is chosen by the BUYER.

9. The SELLER's data and account number for payments for ordered goods will be provided to the BUYER after the successful completion of the transaction in the activeshop.pl store.

 

 

V. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  1. The BUYER may withdraw from the agreement without stating any reasons within 14 days from the date of receiving the goods by the BUYER or by a third party designated by the BUYER, other than the carrier. If the BUYER, as part of one order, purchased multiple items that were delivered separately, in batches, or in parts, the withdrawal period starts from the day of receiving the last item, batch, or part. After the expiration of the specified period, the BUYER loses the right to withdraw from the agreement.
  2. The right to withdraw from the agreement does not apply to the BUYER in cases specified in art. 38 of the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827), including in relation to agreements where the subject of the agreement is a non-prefabricated item, produced according to the consumer's specifications or serving to satisfy their individual needs; where the subject of the performance is an item liable to deteriorate rapidly or having a short shelf-life; where the subject of the performance is an item delivered in a sealed package, which, after opening the package, cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; where the subject of the performance is items that, due to their nature, become inseparably connected with other items after delivery.
  3. In order to withdraw from the agreement, the BUYER should send a written declaration of withdrawal to the SELLER's address or email address, e.g., in the form of a completed withdrawal form (withdrawal from the agreement form) or the form attached as annex No. 2 to the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827). The date of the postmark determines compliance with the withdrawal deadline. The address of the SELLER to which the declaration of withdrawal should be sent and the goods should be returned is: ACTIVESHOP Sp. z o.o., ul. Graniczna 8B, building DC2A, 54-610 Wrocław.
  1. The BUYER is obligated to return the goods immediately, no later than within 14 days from the date of withdrawal from the agreement. The returned goods should be complete and free from any signs of use. The costs of returning the items are borne by the BUYER. If the goods cannot be sent by regular mail, the BUYER bears the costs associated with the chosen method of return.
  2. In the event of withdrawal by the BUYER from the agreement, the SELLER will refund all payments received from the BUYER, including the costs of delivering the goods, except for additional costs resulting from the BUYER's chosen method of delivery other than the least expensive standard delivery offered by the SELLER. The refund will be made within 14 days from the date of receiving the returned goods or providing proof of sending the goods back, whichever occurs earlier.
  3. The money will be refunded via the same online payment method used by the BUYER or to the account indicated by the BUYER in the withdrawal form.
  4. The provisions of this chapter do not apply to BUYERS who are not consumers and are not CONSUMERS AS ENTREPRENEURS.

VI. COMPLAINTS

  1. The SELLER is liable to the BUYER for defects in the goods in accordance with the rules specified in the Civil Code.
  2. In order to make an effective complaint, the customer is required to complete the form at activeshop.com.pl/dodaj-zwrot according to the instructions provided at activeshop.com.pl/zwroty. After completing the form, a code will be generated, which should be included in the shipment.
    2a. Complaints concerning goods purchased from our distributors should be submitted through those distributors, as communicated to the customer by the entity from which the goods were purchased.
    2b. In case of delivering the shipment to the SELLER's address without following the above paragraphs, the shipment will be returned, and the distributor from which the goods originate will be charged with delivery costs and an administrative fee of 50 PLN net.
    2c. Complaints concerning shipments that do not allow for the correct identification of the sender will not be processed.
  3. The BUYER may request a replacement of the defective item or the removal of the defect. If the sold item has a defect, the BUYER may also submit a statement about a price reduction or withdrawal from the agreement, unless the SELLER immediately replaces the defective item with a defect-free one or removes the defect. The BUYER cannot withdraw from the agreement if the defect is minor.
  4. If the complaint is accepted, the cost of returning the claimed item will be borne by the SELLER. The method of returning the claimed item will be determined by the SELLER.
  5. The complaint will be processed within 14 days from the day of its receipt by the SELLER. If the complaint is not accepted, the goods will be returned to the BUYER along with an opinion explaining the rejection of the complaint.
  6. The SELLER is not liable for warranty obligations towards BUYERS who are not consumers. In such cases, the SELLER provides a warranty according to the terms specified in the warranty card.
  7. In the case of selling used items, the SELLER's liability towards the BUYER who is a consumer or a CONSUMER AS ENTREPRENEUR is limited to 1 year from the date of delivering the goods to the BUYER.
  8. In the case of selling items within the outlet, the BUYER is informed about the defects of the goods, and the SELLER is exempt from liability for defects disclosed in the outlet range.

VII. PERSONAL DATA PROTECTION

  1. The Administrator of personal data is the SELLER, whose registration and contact details are indicated in point I.1.
  2. Personal data is processed in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as GDPR) and other applicable regulations.
  3. The data obtained by the Administrator during the process of placing an order and concluding a sales contract or a newsletter subscription contract is processed for the purposes of:
  • necessity to fulfill agreements concluded by you with the Administrator, as well as actions taken prior to the conclusion of said agreements at your request (Art. 6(1)(b) of the GDPR),
  • necessity to fulfill a legal obligation incumbent on the Administrator (Art. 6(1)(c) of the GDPR),
  • your consent to the processing of personal data for marketing purposes related to sending commercial information in the form of a newsletter (Art. 6(1)(a) of the GDPR).
  1. The Buyer's personal data may be processed in connection with the Administrator's legitimate interest for the purpose of marketing their own products and services, as well as securing and pursuing claims (Art. 6(1)(f) of the GDPR).
  2. Providing personal data is voluntary, but necessary for placing an order, concluding a sales contract, and its execution. Providing personal data for newsletter subscription is also voluntary but necessary for the proper delivery of the newsletter.
  3. The Administrator declares that the Buyer's personal data may be disclosed, depending on the chosen method of order delivery and payment, to the selected carrier or intermediary executing shipments on behalf of the Administrator for the purpose of delivery, as well as to entities processing electronic payments or credit/debit card payments, financial institutions providing credit for purchases or leasing, entities providing hosting/server services, entities from the IT industry maintaining the online store, entities providing legal services, and entities involved in the recovery of claims, as well as to the entity responsible for sending SMS messages about the order status.
  4. The Buyer's personal data is stored for a period necessary for: (1) securing or pursuing any claims arising from the contract, (2) post-sales customer service (handling complaints), (3) compliance with the legal obligation imposed on the Administrator (resulting, e.g., from accounting and tax regulations). Personal data processed for marketing purposes (e.g., newsletter) and other purposes not mentioned above will be processed until the previously given consent for such processing is withdrawn, until the objection is raised, or until unsubscribing from the newsletter.
  5. The Buyer or Newsletter Subscriber has the right to request access to their personal data, their rectification, erasure, or restriction of processing, the right to object to processing, as well as the right to data portability. The Buyer or Subscriber also has the right to lodge a complaint with the supervisory authority.
  6. In the event that the Administrator plans to further process personal data for purposes other than those for which the personal data was collected, the Buyer will be informed about this other purpose and provided with any other relevant information.
  7. Additional information is available in the Privacy Policy accessible at this link: https://activeshop.com.pl/polityka-prywatnosci.

VIII. COPYRIGHT

  1. The content of the Seller's websites listed in point I, subpoint 1, is protected by copyright law and may not be modified, reproduced, distributed, or published in accordance with the "Act on Copyright and Related Rights of February 4, 1994", unless the Seller provides written consent for such actions.
  2. The names of companies, their trademarks, logos found on the store's website belong to their respective owners and have been used solely for informational purposes.

IX. NEWSLETTER

  1. The SELLER, with the Subscriber's consent, may send a free informational newsletter (the so-called "newsletter") to their electronic address.
  2. The purpose of sending the newsletter is to provide Subscribers with information about promotions, news, and trainings organized by the SELLER, including marketing information related to the SELLER's business activities.
  3. Newsletter subscription can be made on the store's website by providing the Subscriber's email address.
  4. The Subscriber may change the address to which the newsletter is to be sent or unsubscribe from the subscription by clicking the "unsubscribe" link included in the newsletter or by sending a resignation or a change of address to the following email address: biuro@activeshop.pl.
  5. Starting the newsletter subscription is synonymous with accepting these Terms and giving consent to the processing of personal data in accordance with the GDPR regulations for the proper delivery of the newsletter.
  6. The SELLER reserves the right to discontinue sending the newsletter after prior notification to the user, without stating a reason.

 

X. RESERVATIONS AND FINAL PROVISIONS

  1. This regulation of the online store activeshop.pl is universally available on the activeshop.pl website, and the BUYER may save it on their computer memory or print it.
  2. In matters related to order fulfillment, the BUYER may contact the SELLER via email addressed to: biuro@activeshop.pl, or by phone at 71 725 41 71.
  3. In matters not regulated by this Regulation, the provisions of universally applicable law shall apply, in particular the provisions of the Civil Code of April 23, 1964 (Journal of Laws of 1964, No. 16, item 93, as amended), and the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827).
  4. The applicable law for the sales agreement is Polish law. This Regulation is an integral part of the sales agreement concluded between the BUYER and the SELLER. The content of this Regulation is binding for the parties as of the moment the BUYER places the order. This provision does not deprive the consumer of the protection granted to them under the provisions which cannot be excluded by agreement under the law of the country in which the consumer has their habitual residence.
  5. All disputes arising from the execution of the sales agreement will be resolved by the court having jurisdiction over the SELLER's registered office. This provision does not apply to the agreement concluded with a BUYER who is a consumer or a consumer entrepreneur.
  6. A BUYER who is a consumer has the possibility of using out-of-court complaint resolution and claim enforcement methods. Detailed information regarding the possibility of using out-of-court complaint resolution and claim enforcement methods, as well as the rules for accessing these procedures, is available at the offices and websites of district (city) consumer ombudsmen, social organizations responsible for consumer protection, Regional Inspectorates of Trade Inspection, and on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl).

XI. TERMS OF USING DISCOUNT COUPONS AND PROMOTIONS

  1. Discount coupons cannot be combined with products on promotion. If a product not covered by the promotion and a product on promotion are added to the cart, the discounted price will apply only to the first product.
  2. Discount coupons do not cover delivery costs.
  3. Discount coupons are for single use, except for coupons specified as multiple-use intended for retail customers, unless stated otherwise.
  4. The validity of discount codes is indicated with the coupon. If no validity date is specified on the coupon, it is valid for no longer than 30 days, except for coupons specified in point 5.
  5. Special Coupons: PROMO2015 -10% off regular price - valid until 30.11.2015, SYIS15 -10% off regular price - valid until 31.12.2016, W10 - valid until 30.04.2017, D10 - valid until 30.04.2017, MC10 - valid until 31.10.2016, B10 - valid until 30.04.2017, MP10 - valid until 30.04.2017
  6. The "Free Delivery" offer applies to orders placed and fulfilled no later than 28.02.2017. It is available for retail and salon customers. Minimum order value is 100 PLN gross. In case the minimum value is not reached, delivery costs will be charged according to the applicable price list. ACTIV company reserves the right to end the offer before the indicated date without stating a reason.
  7. The "Black Friday" offer applies to orders placed from 8:30 AM on 24.11.2017 to 11:59 PM on 26.11.2017. It is available for retail customers. It cannot be combined with products on promotion. The discount value is 13% off the regular price.
  8. The "Boss's Birthday" promotional offer applies to orders placed from 9:00 AM on 23.08.2018 to 11:59 PM on 26.08.2018. The order must be fulfilled no later than 31.08.2018. It cannot be combined with products on promotion. The discount value is 13% off the regular price. Unfulfilled orders after 31.08.2018 will be canceled.
  9. The "Free Delivery September" offer applies to orders placed by 30.09.2018 and fulfilled no later than 03.10.2018. It is available for retail and salon customers. Minimum order value is 100 PLN gross. In case the minimum value is not reached, delivery costs will be charged according to the applicable price list. ACTIV company reserves the right to end the offer before the indicated date without stating a reason.
  10. The "Boss's Birthday" promotional offer applies to orders placed from 8:15 AM on 23.08.2019 to 11:59 PM on 25.08.2019. The order must be fulfilled no later than 30.08.2019. It cannot be combined with products on promotion. The discount value is 13% off the regular price. Unfulfilled orders after 30.08.2019 will be canceled.
  11. The "Halloween15" promotional offer applies to orders placed by 11:59 PM on 03.11.2021. The order must be fulfilled no later than 05.11.2021. It cannot be combined with products on promotion. The discount value is 15% off the regular price. Unfulfilled orders after 05.11.2021 will be canceled.
  12. The "Black Friday" promotional offer applies to orders placed by 11:59 PM on 29.11.2021. The order must be fulfilled no later than 30.11.2021. It can be combined with products on promotion. The discount value varies depending on the product group and customer group. Unfulfilled orders after 01.12.2021 will be canceled.
  13. The "Christmas Sale" promotional offer applies to orders placed by 23.12.2021. The order must be fulfilled no later than 28.12.2021. It can be combined with products on promotion. The discount value varies depending on the product group and customer group. The discount will be applied automatically in the cart. Unfulfilled orders after 28.12.2021 will be canceled.
  14. The "Black Friday 2022" promotional offer applies to orders placed by 11:59 PM on 27.11.2022. The order must be fulfilled no later than 30.11.2022. It applies to selected products marked with the "Black Friday" attribute. The discount value varies depending on the product group and customer group. Unfulfilled orders after 01.12.2022 will be canceled.
  15. The discount coupon BLACK25 applies to orders placed by 11:59 PM on 25.11.2022. The order must be fulfilled no later than 30.11.2022. It applies to selected products. It cannot be combined with other promotions. The discount value varies depending on the product group and customer group. Unfulfilled orders after 01.12.2022 will be canceled. It is intended for retail and professional customers, e.g., beauty salons. It does not apply to wholesale groups.
  16. The discount coupon SANTA15 applies to orders placed by 11:59 PM on 06.12.2022. The order must be fulfilled no later than 06.12.2022. It applies to selected products. It cannot be combined with other promotions. The discount value varies depending on the product group and customer group - maximum 15% off the base price. Unfulfilled orders after 12.12.2022 will be canceled. It is intended for retail and professional customers, e.g., beauty salons. It does not apply to wholesale groups.
  17. The discount coupon XMAS20 applies to orders placed by 11:59 PM on 26.12.2022. The order must be fulfilled no later than 31.12.2022. It applies to selected products. It cannot be combined with other promotions. The discount value varies depending on the product group and customer group - maximum 20% off the base price. Unfulfilled orders after 31.12.2022 will be canceled. It is intended for retail and professional customers, e.g., beauty salons. It does not apply to wholesale groups.
  18. The discount coupon LOVE14 applies to orders placed by 11:59 PM on 17.02.2023. The order must be fulfilled no later than 22.02.2023. It applies to selected products. It cannot be combined with other promotions. The discount value varies depending on the product group and customer group - maximum 14% off the base price. Unfulfilled orders after 23.02.2023 will be canceled. It is intended for retail and professional customers, e.g., beauty salons. It does not apply to wholesale groups.

XII. RECYCLING

"According to the Act of 23 October 2015 on Used Electrical and Electronic Equipment (Journal of Laws 2015, item 1688):

  1. The SELLER is obliged to accept used equipment from households free of charge at the point of sale, provided that the used equipment is of the same type and performs the same functions as the equipment being sold (the cost of delivering the used equipment to the SELLER's facility is borne by the BUYER),
  2. When delivering equipment intended for households to the BUYER, the SELLER is obliged to accept used equipment from households free of charge at the place of delivery of this equipment, provided that the used equipment is of the same type and performs the same functions as the equipment delivered."