Newsletter regulations
1. The newsletter service is provided by GYM FREAKS GROUP s.c., ul. Kazimierza
Dzięcielskiego 6B/14, 84-200 Wejherowo NIP: 5882519355, REGON: 529706510
represented by Sebastian Zakurzewski and Jakub Białas, owners of the civil partnership.
2. You can contact the Service Provider by writing to the email address: store@gym-freaks.eu.
§2 Definitions
1. Client/User - an entity that plans to subscribe to the newsletter service or makes a
purchase of product(s), a natural person with full legal capacity, and in
cases provided for by universally applicable regulations also a natural person
with limited legal capacity, a legal person, and an organizational unit without legal personality
to whom the law grants legal capacity -
who has entered into or intends to enter into an Agreement with the Service Provider, also known as the User.
2. Consumer - a natural person making a purchase for purposes not directly related
to their business/professional activity.
3. Newsletter - a type of online bulletin sent periodically to interested
Users. The newsletter service consists of delivering to subscribed Users
via email messages, to the User's address provided as part of the registration procedure,
current information about products, services, news, updates, promotions, and other content
relevant to the Client offered by the Service Provider. Used
to build relationships and maintain regular communication with the Client. The service is provided
using the gym-freaks.eu website, free of charge and for an indefinite period.
4. Privacy Policy - a document or subpage of the Service specifying the rules for processing
personal data, available at https://gym-freaks.eu/pl/content/2-legal-notice.
5. Entrepreneur - a natural person, legal person, or organizational unit not being a legal entity
to whom a separate law grants legal capacity, conducting business activities on their own behalf
who uses the Store.
6. Entrepreneur acting as a consumer - a natural person entering into a contract directly
related to their business activity, when it follows from the content of this contract that
the contract does not have a professional nature for them, arising in particular from the subject
of the business activity carried out by them, made available on the basis of the provisions on
the Central Register and Information on Economic Activity.
7. Distance contract - a contract concluded within an organized system
conclusion of distance contracts without the simultaneous physical presence of the parties, with the exclusive
use of one or more means of distance communication until the conclusion of the contract inclusive.
8. Electronic service - a service provided electronically through the Service;
service within the meaning of art. 2 point 4 of the Act on the provision of electronic services.
9. Regulations - these Newsletter Regulations.
10. Service Provider - GYM FREAKS GROUP s.c., ul. Kazimierza Dzięcielskiego 6B/14, 84-200
Wejherowo NIP: 5882519355, REGON: 529706510 represented by Sebastian
Zakurzewski and Jakub Białas, owners of a civil partnership.
11. Contract - mutual agreements of the Service Provider and the Client specifying mutual rights and
obligations.
12. Offer - digital content or other goods that the Client receives in exchange for subscribing to
the Newsletter. Detailed conditions of the Offer are presented on the Service.
§3 Principles of cooperation and conclusion of the contract
1. The principles of cooperation and the terms of contract performance are specified in the Regulations and the Offer.
2. Before starting to use the newsletter service, at the very bottom of the website
the Client is provided with the Regulations free of charge. The content of the Regulations may
be recorded by the Client by downloading, saving on a storage medium, or printing
at any time from the website.
3. The Client may not use the newsletter service using incorrect personal data, in
an anonymous manner or under a pseudonym.
4. The Regulations do not exclude or limit the rights of the Client who is a Consumer or Entrepreneur
under the absolute provisions of the law.
5. The contract is concluded upon the Client's acceptance of the Regulations, subject to
the provision below.
§4 Technical conditions
1. The Client may use the newsletter service in accordance with the Regulations and applicable
regulations.
2. The Service Provider declares that the public nature of the Internet and the use of the Service
newsletter may involve the risk of obtaining and modifying Customer data by
unauthorized persons, therefore Customers should use appropriate technical measures to
minimize the above-mentioned risks.
3. In order to use the newsletter service, the Client must have:
the current version of a web browser supported by the manufacturer with access to
the Internet (e.g. Opera, Mozilla Firefox, Google Chrome);
an active email account.
current tool/program for handling electronic files in the format
specified in the Offer (e.g. in *.zip, *.pdf, *.mobi, *.pub, *.doc, *.docx, *.xsl format);
recommended minimum screen resolution: 1024x768;
enabling the browser to save Cookies files and support
Javascript.
4. In the event that additional technical requirements are necessary to use the newsletter Service, the Client will be informed before
using the newsletter Service.
§5 Registration
1. Registration for the service is equivalent to the User's acceptance of this
Regulations and Privacy Policy.
2. The Service Provider, through the Website, enables the User to enter into
an agreement for the delivery of digital content in the form of a Newsletter, for which the User
does not pay any monetary fee, but provides the Service Provider with their personal data and
consents to receiving the Newsletter.
3. If the User does not want to consent to receiving the Newsletter, in exchange for their
personal data, they may purchase it by paying a specified price, in accordance with
the price list indicated by the Service Provider. Purchasing in this way requires individual
contact with the Service Provider.
4. To register for the newsletter Service, you must:
fill out the registration form available on the Website by completing
the field: email address;
Accept these Regulations.
Accept the Privacy Policy.
Consent to receiving the Newsletter to the email address provided by the User
as commercial information within the meaning of the Act of 18 July 2002 on the provision
of electronic services.
Confirm the intention to subscribe to the Newsletter by clicking on the confirmation link
sent to the email address provided by the User in the registration form
6. Expressing consent to receive the Newsletter is entirely voluntary, however
without the consents mentioned above, you will not be able to use the newsletter Service.
6. Registering for the newsletter Service according to the procedure indicated above results in
adding the User's email address to the mailing list. The User's email address
will be used to send Newsletters to the User.
§6 Complaint
1. Complaints regarding the newsletter Service can be submitted by the User in
the following way:
in writing to the address of the Service Provider, i.e. Kazimierz Dzięcielski 6B/14, 84-200 Wejherowo,
via email to the address: store@gym-freaks.eu.
2. The complaint should include a clear description, the User's request, and their data, in accordance with
Annex 2 to these Terms and Conditions.
3. The Service Provider will respond to the complaint without delay, but no later than within 14 days from the
day of receiving the complaint from the User and will inform the User about the further course of action.
§7 Personal data
1. Personal data provided by Users in the course of signing up and using the Service
newsletter are processed by the Service Provider.
2. Providing personal data by the User is voluntary, but necessary for
the Service Provider to provide the newsletter Service. Failure to provide data will result in the Service
newsletter not being able to be provided.
3. The User has the right to access their personal data and to correct and
delete them, in accordance with applicable law.
4. Detailed provisions regarding the protection of the User's personal data can be found in the
Privacy Policy available on the website
https://gym-freaks.eu/pl/content/2-legal-notice.
5. Personal data may be transferred to the entity from which the Service Provider uses
for sending the Newsletter.
§8 Withdrawal from the contract
1. This chapter defines the rules for withdrawal from the contract by the Consumer and the Entrepreneur
as a consumer.
2. The Client who is a Consumer or an Entrepreneur acting as a consumer has
the right to withdraw from the contract within 14 days, subject to the provisions below. In order to
exercise the right to withdraw from the contract, the Client should inform the Service Provider
of this by means of an unambiguous statement, for example by sending an email or letter to the address indicated
in the Terms and Conditions. The withdrawal form template is included in
the Terms and Conditions.
§9 Changes to the terms and conditions
1. The Service Provider reserves the right to change the Terms and Conditions only for valid reasons. A
valid reason is understood as the necessity to change the Terms and Conditions due to:
change in the functionality of the Newsletter, requiring modification of the Terms and Conditions or
change in the legal provisions affecting the performance of the Agreement by the Service Provider or
adjustment of services to recommendations, guidelines, orders or prohibitions, judgments,
provisions, interpretations or decisions of competent public authorities or
change of contact or identification data of the Service Provider.
2. Information about the planned change of the Regulations will be sent to the Service Recipient's email address
provided at the time of concluding the Agreement at least 7 days before the changes take effect.
3. If the Service Recipient does not object to the planned changes until they come into effect,
it is assumed that they accept them, which does not constitute any obstacle to terminating the Agreement
in the future.
4. If there is no acceptance for the planned changes, the Service Recipient should send
this information to the Service Provider's email address, i.e., store@gym-freaks.eu, which will result in
termination of the Agreement upon the entry into force of the planned changes.
5. The Service Provider may make changes to the Newsletter that are not necessary to maintain its
compliance with the Agreement due to changes in the Newsletter's functionality. Introducing the change
referred to in the previous sentence will not incur any costs on the part of the Service Recipient.
6. If the change mentioned in the previous provision significantly and negatively affects
the Service Recipient's access to the Newsletter or its use, the Service Provider will send to the Service Recipient's email address
with appropriate notice, on a durable medium, information about
the nature and timing of this change and the rights accruing in connection with this
change to the privileged Service Recipient.
§10 Detailed provisions concerning entrepreneurs
1. The provisions indicated in this paragraph apply to an Entrepreneur who
is not a Consumer Entrepreneur.
2. The competent court to settle any disputes arising between the Service Provider
and an Entrepreneur who is not a Consumer Entrepreneur is the court competent due to
the Service Provider's registered office.
3. The parties exclude the Service Provider's liability for non-compliance of the Goods with the contract/defects
of the item with respect to an Entrepreneur who is not a Consumer Entrepreneur.
4. The Service Provider has the right to terminate the contract with an Entrepreneur who is not a
Consumer Entrepreneur immediately. For this purpose, the Service Provider sends
to the Entrepreneur's email address or mailing address a statement regarding
the termination of the contract. The Entrepreneur waives any claims in this regard.
5. The Service Provider is not liable for lost profits in relation to
Entrepreneurs who are not Entrepreneurs within the meaning of a consumer.
§11 Final provisions
1. During the force majeure, the Parties to the contract shall be exempt from any liability for
its non-performance or improper performance, if only the circumstances of force majeure
will constitute an obstacle to the performance of the contract. The above also applies during the
period directly preceding or immediately following the occurrence of force majeure,
if only during the specified period the impact of force majeure will constitute an obstacle to
the performance of the contract.
2. By "force majeure" is meant an event of a sudden or natural nature,
independent of the will and actions of the Parties, which could not have been foreseen and its
prevention was impossible, in particular events such as: flood, war, act of terror, imposition
of a state of emergency.
3. In the course of using the newsletter service, actions contrary to
law, good manners or infringing the personal rights of third parties are prohibited, as well as providing
information of an unlawful nature.
4. Amicable settlement of disputes and consideration of complaints. The consumer has the possibility
to address:
a permanent consumer arbitration court with a request for resolution of a dispute
arising from the concluded contract;
the voivodeship inspector of the Trade Inspection with a request to initiate proceedings
mediation, in a case of amicably resolving a dispute between the Client and
Service Provider;
the district (city) consumer rights ombudsman or social organization, to
whose statutory tasks include consumer protection in order to obtain assistance in
the matter of the contract;
or has the right to use the ODR platform. The platform is used to resolve disputes
between consumers and entrepreneurs http://ec.europa.eu/consumers/odr.
5. The applicable law is Polish law, with the reservation of point 8.
6. The competent court is the Polish court, with the reservation of point 8.
7. In the case of a Client who is a consumer, the provisions of the Regulations do not deprive
the consumer of the protection granted by the laws of the country of his habitual residence, which
cannot be excluded on the basis of the contract. In the event that the provisions that apply in
the consumer's country are more favorable to him, and these provisions cannot be excluded in
under the agreement, they will apply to the contract concluded between the Client and
Service Provider.
8. The regulations apply from 2024-11-22.
§12 Copyrights and licenses
1. All materials provided by the Service Provider, including Electronic Products and Services,
photos, texts, graphics, multimedia, and trademarks are a work within the meaning of the law on
copyright and related rights, subject to legal protection.
2. The copyrights to the above materials are held by the Service Provider or another entity, from
which the Service Provider obtained the appropriate license. The materials may also be used
by the Service Provider based on another legal basis.
3. All materials provided by the Service Provider may only be used
by the Client for personal use, unless otherwise specified in the Offer. Unauthorized distribution,
provision, copying, and downloading of materials in any way
beyond the scope of permitted use is prohibited.
4. The Service Provider grants the Client a non-exclusive license, without the right to grant sublicenses and
without territorial restrictions. Time restrictions arise from the Offer or this
Regulations. The fee for granting the license is included in the price.
5. The Client has the right to use the materials in the following fields of exploitation:
fixation and multiplication of the work - production of specified technique copies
of the work, including printing, reprographic, magnetic recording, and digital techniques
trade in the original or copies on which the work is fixed - introduction into
trade, lending, or renting the original or copies,
distribution of the work in a manner other than specified in point b - public performance,
exhibition, display, reproduction, broadcasting and re-broadcasting, as well as
public provision of the work in such a way that everyone can access it at
a place and time of their choosing.
6. In case of violation of the prohibition mentioned in this paragraph, including violation
of copyrights, the Service Provider has the right to demand compensation and
satisfaction from the Client. The Client may be liable civilly or criminally in this
scope.
7. The Service Provider has the right to periodically update the Products, including
in particular Electronic Products.
Attachment no. 1.
WITHDRAWAL FORM TEMPLATE
Complete the form if you wish to withdraw from the Agreement.
Date and city:
Your first and last name:
Your address:
Your email:
Your phone number:
GYM FREAKS GROUP CIVIL PARTNERSHIP
Kazimierza Dzięcielskiego 6B/14
84-200 Wejherowo
Withdrawal from the contract
I, the undersigned, hereby withdraw from the contract for the provision of the Newsletter service by
GYM FREAKS GROUP c.p., ul. Kazimierza Dzięcielskiego 6B/14, 84-200 Wejherowo, NIP:
5882519355, REGON: 529706510 represented by Sebastian Zakurzewski and Jakub
Białas, owners of the civil partnership.
Attachment no. 2.
COMPLAINT FORM
Fill out the form if you wish to make a complaint regarding the non-conformity of the Goods with the Contract.
Date and city:
Your first and last name:
Your address:
Your email:
Your phone number:
Order number:
Date of placing the order:
GYM FREAKS GROUP CIVIL PARTNERSHIP
Kazimierza Dzięcielskiego 6B/14
84-200 Wejherowo
Complaint notification
I hereby inform that the Newsletter service provided by Kazimierza Dzięcielskiego 6B/14, 84-200 Wejherowo
is not in accordance with the Contract.
The non-conformity of the Newsletter service with the Contract consists of:
The non-conformity was identified on the date:
Therefore, I kindly request: