Introductory provisions
The FITIPASS website available at www.fitipass.com is operated by IMG S.A. with its registered office in Gdansk, ul. Obroncow Wybrzeza 9/4, NIP: 7010264454.
These Terms are addressed both to Consumers and Entrepreneurs using the Website and define the rules for using the Website as well as the rules and procedure for concluding distance Sales Agreements with Customers through the Website.
These Terms set out the general legal rules for using the Service on the Website. Every Customer is obliged to comply with these Terms.
The agreement is concluded for a fixed period according to the price list available at www.fitipass.com. Acceptance of the Terms constitutes a form of agreement with the Customer.
Definitions
Whenever these Terms refer to:
- Terms - these website terms.
- IMG S.A., Seller or Sellers - IMG S.A. with its registered office in Gdansk, ul. Obroncow Wybrzeza 9/4, NIP: 7010264454.
- Customers - persons who use the Seller’s services.
- Consumers - natural persons concluding an agreement with the Seller where the subject of the agreement is not directly related to their business or professional activity.
- Entrepreneurs with consumer rights - persons entered in CEIDG who make a business transaction not related to their professional activity.
- Entrepreneurs - natural persons, legal persons or organisational units with legal capacity that conduct business activity in their own name and use the Website.
- Website - the service operated by the Seller at www.fitipass.com through which the Seller sells access to a selected panel and application.
- Distance agreement - an agreement concluded with the Customer through an organised distance contracting system without the simultaneous physical presence of the parties.
- Order - the Customer’s declaration of intent submitted through the Order Form and aimed directly at concluding a Sales Agreement for a service or services with the Seller.
- Account - the Customer account on the Website where data provided by the Customer and information about Orders are stored.
- Registration form - a form available on the Website that allows an Account to be created.
- Order form - an interactive form available on the Website that allows an Order to be placed, in particular by selecting a plan and defining the Sales Agreement terms.
- Product - a service available on the Website that is the subject of a Sales Agreement between the Customer and the Seller.
- Sales Agreement - a product sales agreement concluded or to be concluded between the Customer and the Seller through the Website.
- Password - a string of characters defined by the user.
- Username (Login) - the user’s email address provided during registration.
- Login - confirmation of a registered User’s identity by entering the username and password.
Contact with the Website
- Seller address: ul. Obroncow Wybrzeza 9/4, 80-398 Gdansk.
- Seller email address: hello@fitipass.com.
- Seller phone number: +48 552329372.
- Seller bank account number: 30 1540 1098 2324 0005 0822 0001 PLN - Bank Ochrony Srodowiska Spolka Akcyjna Oddzial Operacyjny w Gdansku.
- The Customer may contact the Seller using the addresses and phone numbers provided in this section.
- The Customer may contact the Seller by phone between 8:00 and 16:00.
Technical requirements
To use the Website, including browsing the Website offer and placing Product orders, the following are required:
- an end device with Internet access and a Google Chrome type web browser,
- an active email account,
- enabled cookies.
General information
To the fullest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the Website operation, caused by force majeure, unlawful acts of third parties or incompatibility of the Website with the Customer’s technical infrastructure.
Browsing the Website offer does not require creating an Account. Placing orders for Products available on the Website is possible after creating an Account or by providing the personal and address data necessary to process the Order without creating an Account.
Prices shown on the Website are in Polish zloty and are gross prices, including VAT.
The Seller informs that for digital products the subject of sale is the ability to use the knowledge and experience of the product creator in the form of a course.
Creating an Account
To create an Account on the Website, the Registration Form must be completed. Providing an email address and phone number is required.
Creating an Account on the Website is free. Logging in to the Account takes place by entering the login and password set in the Registration Form.
Natural persons without legal capacity or with limited legal capacity may create an Account if they obtain consent from a statutory representative or legal guardian.
The Customer may delete the Account at any time, without giving a reason and without incurring any fees, by sending an appropriate request to the Seller.
Order placement rules
Orders may be placed 24 hours a day. To place an Order, the Customer should:
- select the Product that is the subject of the Order and proceed to the registration form,
- register and fill in the delivery details, choose the payment method and enter invoice details if they differ from the recipient data,
- click the “Order and pay” button or an equivalent button.
Payment methods
The Customer may use the following payment methods:
- bank transfer to the Seller’s account,
- electronic payments,
- payment card.
Detailed information on accepted payment methods is available on the Website pages.
Performance of the sales agreement
The Sales Agreement between the Customer and the Seller is concluded after the Customer submits an Order through the Order Form on the Website.
After an Order is placed, the Seller immediately confirms its receipt and accepts it for processing by sending the Customer an email. The Sales Agreement is concluded when the Customer receives that email.
If the Customer selects bank transfer, electronic payment or payment card, the Customer must make payment immediately when the Sales Agreement is concluded; otherwise the order may be cancelled.
The Service is performed on the date selected by the Customer from the available dates presented by the Seller. For bank transfer payments, the Service is performed from the date of conclusion of the Sales Agreement.
Right of withdrawal
A Consumer and an Entrepreneur with consumer rights may withdraw from the Sales Agreement within 14 days without giving any reason.
The period starts on the date the sales agreement is concluded. For an Agreement based on recurring payments, the period starts from the first payment.
The Consumer or Entrepreneur with consumer rights may withdraw by submitting a withdrawal statement to the Seller. Sending the statement before the deadline is sufficient.
The statement may be sent by traditional post or electronically to the Seller’s email address. If sent electronically, the Seller will promptly confirm receipt.
Effects of withdrawal
If a distance agreement is withdrawn from, the Agreement is considered not concluded.
The Seller refunds all payments without delay and no later than 14 days after receiving the withdrawal statement. If the user agreed to the start of services before the 14-day period expired, the fee will be refunded proportionally reduced by the used part of the service.
The refund will be made using the same payment methods as in the original transaction, unless the buyer expressly agrees to another solution that does not involve any costs for them.
The right of withdrawal from a distance agreement does not apply, among others, to services prepared according to the user’s specification, services fully performed with the user’s express consent, and digital content whose performance began with express consent before the withdrawal period expired.
Complaints and warranty
The Seller is obliged to provide the Customer with a defect-free service. If a defect appears in the purchased service, the Customer has the right to submit a complaint under warranty provisions of the Civil Code.
A complaint should be submitted in writing or electronically to the Seller’s addresses provided in these Terms. It is recommended to include a concise description of the defect, circumstances and date of occurrence, Customer details and the Customer’s demand.
The Seller will respond to the complaint without delay and no later than within 14 days. If the Seller does not respond within that period, the Customer’s demand is deemed justified.
If a Product is covered by a guarantee, information about it and its content will be included in the service or product description.
Out-of-court complaint and claim procedures
Detailed information on out-of-court complaint handling and claim procedures is available from consumer ombudsmen, social organisations, Provincial Inspectorates of Trade Inspection and the Office of Competition and Consumer Protection.
- The buyer may apply to a permanent consumer arbitration court to resolve a dispute arising from an Agreement concluded with the Seller.
- The buyer may apply to the provincial inspector of Trade Inspection to initiate mediation proceedings.
- The buyer may obtain free assistance from a consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
Personal data on the Website
The Seller is the controller of Customers’ personal data collected through the Website.
Customers’ personal data is collected to perform the Sales Agreement and, if the Customer consents, also for marketing purposes.
If the Customer uses electronic payments or payment card payments on the Website, the Controller provides the collected personal data to the selected payment service provider.
The Customer has the right to access and correct their data. Providing personal data is voluntary, but failure to provide data necessary to conclude the Sales Agreement prevents its conclusion.
Details and the method of data processing are available in the privacy policy in the website footer at https://fitipass.com/privacy-policy.
Final provisions
Agreements concluded through the website are concluded in Polish.
The Seller reserves the right to amend these Terms for important reasons, such as changes in law or payment methods, to the extent that those changes affect the performance of these Terms. The Seller will inform the Customer of each change at least 7 days in advance and will require confirmation.
In matters not regulated by these Terms, generally applicable Polish law applies, in particular the Civil Code, the Act on Providing Services by Electronic Means, the Consumer Rights Act and the Personal Data Protection Act.
Appendix no. 1 - withdrawal statement template
Place and date.
Consumer name and surname, consumer address, entrepreneur name and address.
I/We hereby inform about my/our withdrawal from the agreement for the sale of the following goods, the delivery agreement for the following goods, a specific work agreement or the provision of the following service.
Date of agreement conclusion or receipt. Consumer signature. Delete as appropriate.