This Terms of Service contains the rules governing the operation of the MIKESPORT.PL platform.
Customers will find here, in particular, information on the rules for placing an Order, the offer, the right to withdraw from the Agreement, and liability for non-conformity of the Goods with the Agreement.
Sellers will find information in the Terms of Service, particularly about the rules for registration, placing Offers, Fees, and liability.
CHAPTER I – FOR CUSTOMERS AND SELLERS
§ 1
Definitions
1. Platform – the marketplace platform operating under the address mikesport.pl.
2. Service Provider – Sellgro limited liability company with its registered office in Poznań, at ul. Grochowska 137/7, 60-336 Poznań, entered into the register of entrepreneurs kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under the number KRS: 0000457201, with NIP: 7792413683, share capital of PLN 5,000.00, email address: office@sellgro.com, phone number: +48 607 071 941.
3. Seller – an Entrepreneur with a Seller Account, selling Goods via the Platform.
4. Customer – a natural person, legal person, or organizational unit without legal personality, which is granted legal capacity under specific regulations, placing an Order through the Platform and making purchases via the Platform.
5. Consumer – a natural person entering into an agreement with the Seller, where the subject of the agreement is not directly related to their business or professional activity.
6. Entrepreneur with Consumer Rights – a natural person running a sole proprietorship entering into an agreement directly related to their business activity, if the content of the Agreement indicates that it does not have a professional character for them.
7. Entrepreneur – a natural person, legal person, or organizational unit without legal personality, which is granted legal capacity under specific regulations, conducting business or professional activity in their own name and performing a legal act directly related to their business or professional activity.
8. Customer Account – a Customer account created on the Platform, providing access to purchased services and Goods, and allowing management of the Customer's data after entering the Login and Password.
9. Seller Account – a Seller account created on the Platform, enabling the management of Offers, Orders, and Seller's data after entering the Login and Password.
10. Sales Agreement – a Sales Agreement for the Goods concluded between the Seller and the Customer via the Platform.
11. Service Agreement – an Agreement concluded upon the Seller’s Registration on the Platform, between the Seller and the Service Provider.
12. Goods – a physical item that is the subject of sale via the Platform.
13. Offer – the presentation of the Seller's Goods, including the price and description of the Goods, used to propose the conclusion of a Sales Agreement between the Customer and the Seller.
14. Service Provider's Data – contact details of the Service Provider: Sellgro sp. z o.o., ul. Grochowska 137/7, 60-336 Poznań, email address: office@sellgro.com, phone number: +48 607 071 941.
15. User – the Customer or recipient of services provided by the Service Provider.
16. Price – the amount the Customer is obliged to pay the Seller for the purchase of the Goods, expressed in Polish zlotys, including VAT and excise duty (if applicable).
17. Business Days – days from Monday to Friday, excluding public holidays.
18. Login – the User’s identifier, allowing access to the Customer Account or Seller Account on the Platform.
19. Password – a sequence of alphabetic, numeric, or other characters selected by the Customer during Registration on the Platform, used to secure access to the Customer Account on the Platform.
20. Newsletter – a service provided by the Platform to the User, consisting of sending information about the Platform’s operation, including commercial information, after the User voluntarily provides their email address, first name, and last name, and consents to receiving it.
21. Registration – the factual act performed in the manner specified in the Terms of Service, required for the Customer to use all functionalities of the Online Platform, including placing an Order.
22. Order – the Customer's declaration of intent, expressing their desire to conclude a distance Sales Agreement, which the Customer submits to the Seller via the Platform using remote communication tools, specifying the Goods that are the subject of the Offer to conclude the Sales Agreement and the Customer's data necessary for the conclusion and execution of the Sales Agreement.
23. Marketplace Service – a service provided by the Service Provider electronically via the Platform, allowing the User to create a Customer Account and make purchases via the Platform or create a Seller Account, present and sell Goods, and acquire buyers.
24. User – the Customer or recipient of services provided by the Service Provider.
§ 2
Preliminary Provisions
1. These Terms of Service set out the rules for using the Platform, as well as the terms and procedure for concluding distance sales agreements via the Platform and the Marketplace Service.
2. The Terms of Service are continuously available on the Platform’s website in a way that allows them to be downloaded, reproduced, and saved by printing or storing them on a medium at any time.
3. Making purchases on the Platform requires access to a computer or mobile device with Internet access, a standard operating system, access to an internet browser that supports JavaScript and necessary cookies, as well as access to email. Additionally, completing the Order process requires providing the necessary information to fulfill the Order.
4. If the Service Provider offers digital content or services, and their use requires additional technical conditions, these conditions are specified in the description of those products on the Platform.
5. The specifics and characteristics of each Product are found in the Product descriptions on the Platform. Sellers are obliged to provide product specifications in a manner consistent with the actual and legal state.
6. The transmission of unlawful content via forms is prohibited.
§ 3
Contact
1. Contact with the Service Provider is possible:
1) by email at: office@sellgro.com;
2) by phone at: +48 607 071 941;
3) in writing to the address: Sellgro sp. z o.o., ul. Grochowska 137/7, 60-336 Poznań.
2. Contact details for each Seller are provided in their profile under the "Contact" section, accessible to Users.
§ 4
Personal Data Protection
1. For services related to the operation of the Platform, the administrator of personal data collected via the Platform for Customers and Sellers is the Service Provider.
2. Regarding the placement and execution of orders, the administrator of personal data is the Seller.
3. The principles for processing personal data and the related rights of data subjects are contained in the Platform’s Privacy Policy.
CHAPTER II – FOR CUSTOMERS
§ 5
Registration – Customer Account
1. Creating a Customer Account is possible after the Customer completes a free Registration process.
2. Registration is carried out by the Customer filling in the registration form provided by the Service Provider on the Platform and submitting it by selecting the appropriate function labeled “Register”.
3. During Registration, the Customer sets a unique Password for accessing the Account. The Customer is obliged not to disclose the Password to third parties.
4. During Registration, the Customer can review the Terms of Service and the Privacy Policy.
5. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by checking the appropriate box in the registration form. In such a case, the Service Provider clearly informs the Customer of the purpose for collecting their personal data and the known or anticipated recipients of this data.
6. After Registration, the Customer will immediately receive a confirmation of Registration from the Service Provider via email to the address provided in the registration form. At this point, an Agreement for the provision of the electronic service of maintaining the Customer Account is concluded, and the Customer gains access to the Customer Account and the ability to make changes to the data provided during Registration.
7. The Service Provider and Seller are entitled to implement discounts, promotions, and special Offers exclusively for registered Customers.
§ 6
Making Purchases via the Platform
1. The Customer can make purchases on the Platform after logging into their Customer Account or without registration.
2. The gross price of the Goods, including VAT, is provided on the Platform's website. The prices of the Goods do not include delivery costs, which are indicated each time during the ordering process.
3. Information about the Goods provided on the Platform's website, in particular their descriptions, technical and usage parameters, and prices, constitute an invitation to conclude an Agreement.
4. After selecting the Goods, to make a purchase, the Customer should follow the steps displayed on the Platform's pages. If the Customer has a discount code, they can enter it in the cart or during the ordering process. The Customer can then recalculate the cart costs and proceed to payment.
5. To place an Order, the Customer must provide the required information in the forms marked as mandatory. Until the button to complete the Order is clicked, the Customer has the option to modify the Order or the provided information.
6. To finalize the Order, the Customer must place the Order by clicking the "Buy and Pay" button on the Order summary page. To place an Order, it is required to first add the Goods to the cart, fill in the details, and provide the necessary consents, including acceptance of the terms and conditions.
7. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. The confirmation of receipt and acceptance of the Order is made by sending an appropriate email message from the Seller to the email address provided by the Customer during the ordering process. The email contains at least the Seller's statement of receipt of the Order, acceptance for processing, and confirmation of the conclusion of the Sales Agreement. At the moment the Customer receives this email, a Sales Agreement between the Customer and the Seller is concluded.
8. The recording, securing, and making available to the Customer the content of the concluded Sales Agreement occurs by making these Terms of Service available on the Platform’s website and sending the Customer an email. The content of the Sales Agreement is additionally recorded and secured in the Service Provider's IT system on the Platform.
9. The Service Provider and the Seller reserve the right to suspend the execution of the Order in case of justified doubts about the accuracy and reliability of the data entered by the Customer in the registration form. In such cases, the Service Provider or the Seller will promptly contact the Customer.
10. The Seller is not authorized to publish content on the Platform that directly or indirectly encourages Customers to purchase Goods outside the Platform.
11. The Seller is obliged to promptly update their data, no later than within 5 days from the date of the change.
§ 7
Delivery
1. The Goods are shipped from the Seller's warehouse or the warehouses of the Sellers whose Goods the Customer has ordered.
2. Delivery of the Goods is available within the European Union.
3. The Customer can choose from the delivery options indicated by the Seller during the ordering process, which may include:
1) courier service;
2) delivery to a parcel locker.
4. Delivery of the Goods to the Customer is chargeable if the Goods require physical shipment unless otherwise stated in the Sales Agreement. The delivery costs of the Goods (including transport, delivery, and postal service fees) are indicated to the Customer on the Platform's pages, in the informational section concerning delivery costs, and during the ordering process, including at the moment the Customer expresses their intention to enter into the Sales Agreement.
5. In justified cases, the Seller may send several separate shipments as part of one Order at no additional cost to the Customer.
6. The delivery time of the Goods to the Customer is indicated each time during the ordering process. If the ordered Goods have different delivery times, the longest delivery time applies.
7. The delivery times mentioned in paragraph 4 above are calculated from the day the payment is credited to the Seller's account.
§ 8
Payments for Customers
1. The prices presented with the Goods do not include delivery costs, which Customers are informed about each time during the ordering process.
2. The forms of payment available on the Platform are those offered during the ordering process, including, in particular, bank transfer and electronic payments, including BLIK electronic payments.
3. The Service Provider offers Customers the following payment methods for the ordered Goods and delivery:
1) payment by bank transfer;
2) electronic payment via BLIK;
3) payment by credit card via the TPay payment gateway, operated by Krajowy Integrator Płatności Spółka Akcyjna with its registered office in Poznań, plac Andersa 3, 61–894 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under number KRS: 0000412357, NIP: 7773061579. The TPay terms and conditions are available at: https://tpay.com/user/assets/files_for_download/regulamin.pdf.
4. In the case of choosing payment by bank transfer or electronic payments, the Seller is entitled to cancel the order if the Customer does not make the payment within the time specified by the Seller.
5. The Customer agrees to receive the invoice electronically.
6. The available payment methods may vary depending on the delivery address and whether the Customer is a Consumer or an Entrepreneur.
§ 9
Non-conformity of Goods with the Agreement; Complaints
1. Complaints are handled by the Seller with whom the Customer placed the Order. The Service Provider does not handle Customer complaints regarding Goods ordered via the Platform.
2. If the Seller has their own complaint procedures, the Customer should follow them. The complaint handling procedures introduced by the Seller are available in the Seller's profile.
3. The basis and scope of the Seller's liability towards the Customer, if the sold Goods have a defect, are determined by generally applicable legal provisions.
4. The Seller hereby informs of the Entrepreneur's liability for the conformity of the performance with the Agreement, as provided by law. The Consumer has the right to use the warranty if granted.
5. Before submitting a complaint and sending the Goods to the Seller, the Customer is requested to contact the Seller by phone or email to expedite the complaint process and resolve the issue.
6. The correspondence address for complaints and the return address for the Goods are each time indicated on the Platform, in the Seller's Account details, available to all Users.
7. The Goods conform to the Agreement if, in particular, their description, type, quantity, quality, completeness, and functionality are in accordance with the Agreement.
8. If the Goods do not conform to the Agreement, the Consumer may request their repair or replacement.
9. The Seller may replace the Goods when the Consumer requests a repair, or the Seller may repair the Goods when the Consumer requests a replacement if bringing the Goods into conformity with the Agreement in the manner chosen by the Consumer is impossible or would involve excessive costs for the Seller. If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the Agreement.
10. The Seller will carry out the repair or replacement within a reasonable time after being informed by the Consumer of the non-conformity with the Agreement, without excessive inconvenience to the Consumer, taking into account the nature of the Goods and the purpose for which the Consumer purchased them. The costs of repair or replacement, including, in particular, postage, transport, labor, and materials, are borne by the Seller.
11. The Consumer makes the Goods available to the Seller for repair or replacement. The Seller collects the Goods from the Consumer at their own expense. The Consumer is not obliged to pay for the ordinary use of the Goods, which are later replaced.
12. In the cases specified in the Consumer Rights Act, the Consumer may submit a statement of price reduction or withdrawal from the Agreement. This applies in particular to situations where the Seller has refused to bring the Goods into conformity with the Agreement or has not brought the Goods into conformity with the Agreement.
13. The Seller shall refund the Consumer the amounts due as a result of exercising the right to a price reduction without undue delay, no later than within 14 days from the date of receiving the Consumer's statement regarding the price reduction.
14. In the event of withdrawal from the Agreement, the Consumer shall immediately return the Goods to the Seller at their expense. The Seller shall refund the Consumer the price without undue delay, no later than within 14 days from the date of receiving the Goods or proof of their return.
15. The Consumer may not withdraw from the Agreement if the non-conformity of the Goods with the Agreement is insignificant. It is presumed that the non-conformity of the Goods with the Agreement is significant.
16. The Seller is liable for the non-conformity of the Goods with the Agreement existing at the time of delivery and revealed within two years from that moment unless the period of usability of the Goods, as specified by the Seller, its legal predecessors, or persons acting on their behalf, is longer.
17. It is presumed that the non-conformity of the Goods with the Agreement, which becomes apparent before the expiration of two years from the time of delivery of the Goods, existed at the time of delivery unless proven otherwise or this presumption is incompatible with the nature of the Goods or the nature of the non-conformity of the Goods with the Agreement.
18. The Seller is required to respond to the Consumer's complaint within 14 days from the date of its receipt.
19. If the Goods are covered by a warranty, information about it, as well as its content, will be included in the description of the Goods on the Platform.
20. The rights related to the non-conformity of the Goods with the Agreement are available to both the Consumer and the Entrepreneur with Consumer rights.
§ 10
Right to Withdraw from the Agreement
1. The Customer has the right to withdraw from this Agreement without giving any reason within 30 days from the day of taking possession of the purchased goods. The withdrawal period expires 30 days after the day on which the Customer took possession of the goods or on which a third party other than the carrier and indicated by the Customer took possession of the goods.
2. Returns should be made to the address indicated in the Seller's profile where the Customer placed the Order. If the Seller has introduced their own rules regarding withdrawal from the Agreement, the Customer should follow them. The Seller’s rules for withdrawal from the Agreement are available in the Seller’s profile.
3. To exercise the right to withdraw from the Agreement, the Customer may use the ONLINE RETURNS option available in the Store, through which they can inform the Seller of their decision to withdraw from the Agreement.
4. In the case of withdrawal from the Agreement by a Customer outside of Poland, the Customer must inform the Seller of their decision to withdraw from this agreement by means of a clear statement (for example, by completing the withdrawal form attached as Annex 1 or by sending a letter by post or email). The Customer may use the withdrawal form template, but it is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the Customer to send the Seller the information regarding the exercise of their right to withdraw from the Agreement via the Store, electronically or by phone, before the withdrawal period expires.
6. In the case of withdrawal from the Agreement, the Seller will refund the Customer all payments received from them, including the costs of delivering the goods (except for any additional costs arising from the Customer’s chosen method of delivery, which is different from the cheapest ordinary delivery method offered by us), without undue delay and in any event no later than 14 days from the day on which the Seller was informed of the Customer's decision to exercise the right of withdrawal from the Agreement.
7. The Seller will refund the payment using the same payment methods used by the Customer in the original transaction, unless the Customer expressly agrees otherwise; in any case, the Customer will not incur any fees as a result of this refund.
8. The Seller may withhold the refund until they have received the goods or until proof of return is provided to them, whichever occurs first.
9. The goods should be returned to the address indicated in the Seller's account.
10. Please return or hand over the goods to the Seller immediately, but in any case no later than 14 days from the day on which the Customer informed the Seller of their withdrawal from this Agreement. The deadline is met if the Customer returns the goods before the 14-day period has expired.
11. The Customer is only responsible for the direct cost of returning the goods.
12. The Customer is liable for any diminished value of the goods resulting from handling them in a way other than what is necessary to establish the nature, characteristics, and functioning of the goods.
13. According to applicable regulations, the right of withdrawal from the Sales Agreement does not apply to the Consumer in relation to, among others, the following Agreements:
1) for the provision of services for which the Consumer is required to pay the price, if the Entrepreneur has fully performed the service with the Consumer’s prior express consent, and the Consumer was informed before the performance began that after the Entrepreneur has fully performed the service, they will lose the right to withdraw from the Agreement, and the Consumer acknowledged this;
2) where the price or remuneration depends on fluctuations in the financial market that are beyond the Entrepreneur’s control, and which may occur before the withdrawal period expires;
3) where the subject of the performance is a non-prefabricated good produced according to the Consumer’s specifications or serving to meet their individualized needs;
4) where the subject of the performance is a good that deteriorates rapidly or has a short shelf life;
5) where the subject of the performance is a good delivered in sealed packaging, which, after being opened, cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
6) where the subject of the performance is goods that, after delivery, are inseparably mixed with other items due to their nature;
7) where the subject of the performance is alcoholic beverages, the price of which was agreed upon at the time of concluding the Sales Agreement, and their delivery can only take place after 30 days, and their value depends on fluctuations in the market beyond the control of the Entrepreneur;
8) where the Consumer specifically requested the Entrepreneur to visit them to carry out urgent repairs or maintenance; if the Entrepreneur provides additional services other than those requested by the Consumer, or delivers goods other than replacement parts necessary for the repair or maintenance, the right of withdrawal from the Agreement applies to the additional services or goods;
9) where the subject of the performance is audio or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
10) for the supply of newspapers, periodicals, or magazines, except for subscription agreements;
11) concluded by public auction;
12) for the provision of services related to accommodation, other than for residential purposes, the transport of goods, car rental, catering, services related to leisure activities, entertainment events, sports events, or cultural events, where the agreement specifies the date or period of performance;
13) for the supply of digital content not provided on a tangible medium, for which the Consumer is required to pay the price, if the Entrepreneur has begun the performance with the Consumer’s prior express consent, and the Consumer was informed before the performance began that after the Entrepreneur has fully performed the service, they will lose the right to withdraw from the Agreement, and the Consumer acknowledged this, and the Entrepreneur provided the Consumer with confirmation of receipt of consent to supply the digital content in circumstances causing the loss of the right to withdraw from the Agreement;
14) for the provision of services for which the Consumer is required to pay the price, in cases where the Consumer expressly requested the Entrepreneur to visit them for a repair, and the service has already been fully performed with the Consumer’s prior express consent.
14. The right of withdrawal from an Agreement concluded remotely does not apply to entities other than Consumers or Entrepreneurs with Consumer rights.
§ 11
Provision of Services by Electronic Means
1. The Service Provider undertakes efforts to ensure the correct operation of the Platform to the extent of current technical knowledge and commits to resolving any irregularities reported by Customers within a reasonable time, using the Service Provider's contact details indicated in § 3 of these Terms of Service.
2. The free services provided electronically by the Service Provider include:
a) the ability to create an Account on the Platform,
b) the ability to conclude an Agreement with the Seller electronically,
c) the ability to receive the Newsletter (if the option to sign up for the Newsletter is available on the Platform's website).
3. Creating an Account is done by filling out the registration form or, if such an option is provided, by selecting the appropriate consent during the ordering process. Upon successful Account registration on the Platform, a free Agreement for the provision of electronic services is concluded for an indefinite period.
4. The Customer may delete their account at any time via the Customer panel or by sending a deletion request to the Platform's email address.
5. The Customer’s Account stores information about the Customer’s data and placed orders. In the event of Account deletion, the Seller will retain information about placed Orders until the expiration of possible claims arising from the specific legal relationship or for as long as the Platform operates, unless the Customer objects to the storage of this information, and the Seller does not have a legally justified overriding interest in storing it.
6. Newsletter sign-up can be done by submitting a completed Newsletter sign-up form or by checking the consent box during the ordering process. Upon successful sign-up for the Newsletter, the Seller provides an electronic service of sending the Customer emails containing information about the Seller's products, promotions, or services. The Customer may unsubscribe from the Newsletter at any time by clicking the unsubscribe button included in the email or by sending an unsubscribe request to the Platform's email address.
7. In the event of a desire to file a complaint, the Customer should provide their name, correspondence address, type, and date of the irregularity related to the operation of the Platform.
8. The Seller commits to handling every complaint regarding the operation of the Platform within 14 days. The Customer is asked to send complaints to the Seller's email address.
9. The content contained in the Newsletter is protected by copyright. Copying, recording, or distributing it without the Seller’s consent is prohibited.
10. The Consumer may withdraw from the Agreement for the provision of digital content within 14 days of its conclusion without providing a reason by informing the Seller. Additionally, the user may submit a statement of resignation from the services at any time.
§ 12
Amicable Dispute Resolution
1. The Consumer has the option to use out-of-court methods for handling complaints and pursuing claims. The Consumer can, for example:
1) refer to a permanent consumer arbitration court with a request to resolve the dispute,
2) refer to the provincial inspector of the Trade Inspection with a request to initiate mediation for amicable settlement of the dispute,
3) use the assistance of the district (municipal) Consumer Ombudsman or a social organization whose statutory tasks include consumer protection.
2. The Consumer may use the EU's online ODR platform, available at: https://ec.europa.eu/consumers/odr/.
3. More detailed information is available at: https://polubowne.uokik.gov.pl/.
CHAPTER III – FOR SELLERS
§ 13
Registration – Seller Account
1. Creating a Seller Account is possible after completing a free registration by individuals conducting business activities, legal entities, or organizational units without legal personality, granted legal capacity by law.
2. Registration is carried out by filling out the registration form provided by the Service Provider on the Platform and submitting it by selecting the appropriate function labeled “Register.”
3. The Seller is required to provide data consistent with the entry in the Central Register and Information on Business Activity or the National Court Register.
4. During Registration, the Seller sets an individual Password to access the Account. The Seller is obligated not to disclose the Password to third parties.
5. During Registration, the Seller has the opportunity to review the Terms of Service and Privacy Policy.
6. During Registration, the Seller may voluntarily consent to the processing of their personal data for marketing purposes by selecting the appropriate checkbox in the registration form. In such a case, the Service Provider clearly informs the Seller of the purpose of collecting personal data and the known or anticipated recipients of this data.
7. Completing Registration requires verification and acceptance of the Account by the Service Provider. Verification may involve the necessity to submit relevant documentation within a time frame specified by the Service Provider.
8. After completing Registration, the Seller promptly receives, by email to the address provided in the registration form, confirmation of Registration from the Service Provider. At this moment, an Agreement for the provision of electronic services for managing the Seller Account is concluded, and the Seller gains access to the Account and the ability to modify the data provided during Registration.
9. The Seller is not authorized to publish content on the Platform that directly or indirectly encourages Customers to purchase Goods outside the Platform.
10. The Seller is required to promptly update their data, no later than 5 days after the change occurs.
§ 14
Seller Account Functionalities
1. After completing Registration, the Seller can log into the Seller Account and use the Marketplace Service and Seller Account functionalities.
2. The functionalities of the Seller Account include:
1) managing the Seller's data;
2) publishing Offers on the Platform to present the Seller's Goods;
3) managing Offers, particularly by specifying their availability, price, quantity of Goods, and delivery methods;
4) the ability to determine sales conditions with Customers, in areas not regulated by these Terms of Service, provided that these conditions cannot be less favorable to Customers than those resulting from generally applicable legal regulations and the Terms of Service;
5) concluding Sales Agreements with Customers.
§ 15
Publishing Offers
1. Publishing Offers is possible from the Seller Account level.
2. Each Offer for Goods presented for sale via the Platform must include:
1) a description of the Goods and a product photograph;
2) detailed information about the Goods along with specifications;
3) the number of units available for purchase under the Offer;
4) the processing and delivery time of the Order.
3. If the Seller introduces discounts, promotions, or rebates, they are obligated to inform about the lowest price of the Goods during the 30-day period before the price reduction in accordance with applicable regulations.
4. The Seller may not take actions that could mislead Customers, particularly regarding the total cost of the Goods and the lowest possible delivery cost. This includes a total ban on artificially lowering prices by reducing the price of the Goods while inflating delivery costs, in such a way that the offered conditions appear more favorable than other Offers, even though the total cost of the Goods and shipping is not actually more favorable for the Customer.
5. Throughout their use of the Platform, the Seller may only present Goods via the Platform that:
1) have been legally introduced and approved for sale;
2) for which all public law dues arising from the introduction of the Goods to the market, including taxes and customs duties, have been settled before the Offer is published on the Platform;
3) are not subject to legal, securing, or enforcement proceedings, and are not encumbered by third-party rights;
4) are not subject to any third-party claims;
5) meet the requirements of generally applicable legal regulations, particularly concerning safety and compliance with essential and specific requirements;
6) have full documentation and markings compliant with applicable laws, appropriate to the nature of the Goods, particularly: manufacturer or importer markings, an instruction manual in the target language, maintenance instructions, and other documentation containing clear and understandable information necessary for the proper use of the Goods, origin documentation, compliance mark, information on market approval, energy consumption specification, information on the ingredients of the Goods, expiration date, information on potential hazards associated with the use of the Goods and ways to mitigate them, all necessary markings and documentation regarding electrical and electronic equipment, as well as all required approvals, homologations, certificates, and permits – if required by the nature of the Goods;
7) are original, brand new, and in original packaging;
8) are stored and transported in accordance with the manufacturer’s requirements;
9) do not violate in any way the generally applicable laws.
6. The Seller is not authorized to offer Goods that do not meet the requirements listed in point 6, including as “free gifts” with an Order.
7. The Seller is obligated to provide full and accurate information and documentation to the Service Provider upon request, confirming compliance with the requirements listed in point 6.
8. By providing any information about the Goods, including when creating an Offer, the Seller declares that the information is true, up-to-date, and does not violate applicable laws or third-party rights. The content may only concern the subject of the Offer.
9. The content published in the Offers does not constitute an Offer but rather commercial information understood as an invitation to conclude a Sales Agreement.
§ 16
Delivery Requirements for Sellers
1. It is prohibited to offer Goods through the Platform using the dropshipping model. The Seller may only offer Goods through the Platform that they have in stock and are responsible for directly shipping to the Customer.
2. The Seller is responsible for the complete and timely shipment of the Goods from their warehouse and for updating the information on the available delivery methods in their Seller Account.
3. The Seller must indicate the total time after which the Customer will receive the Order, which includes the Order processing time and the time for the Order to be delivered by the carrier. The total time for the Customer to receive the Order must not exceed 30 days, subject to paragraph 4.
4. Sellers wishing to offer Goods in presale must make individual arrangements with the Service Provider. The Service Provider has the right to refuse permission for the sale of Goods in presale.
5. The Seller is required to comply with the terms of service of the courier company they choose.
6. The Seller has the option to integrate their Offers with courier companies that cooperate with the Service Provider if this option is available in the Seller Account.
§ 17
Fees and Settlements
1. Sellers placing a Goods Offer on the Platform are required to pay a Sales Commission Fee of 10% of the value of each Order placed by the Customer via the Platform for the Seller's Goods.
2. Payments for completed Sales Agreements will be made in real-time to the Seller's bank account via the TPay electronic payment service, operated by Krajowy Integrator Płatności Spółka Akcyjna, based in Poznań, plac Andersa 3, 61–894 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under number KRS: 0000412357, NIP: 7773061579. The TPay terms and conditions are available at: https://tpay.com/user/assets/files_for_download/regulamin.pdf.
3. The Sales Commission Fee will be automatically deducted from the payouts mentioned in paragraph 2 above, and the payments to the Seller's bank account will reflect this deduction.
4. The Sales Commission Fee is charged for each placed Order, regardless of whether the Seller accepts the Order for processing.
§ 18
Authorizations and Licenses
1. The Seller authorizes the Service Provider to grant authorization on their behalf to payment operators through which Customers can pay for Orders and who receive funds from Customers for placed Orders. The authorization is necessary to process the Order and for the Seller to receive the payment for the sold Goods in their Seller Account on the Platform.
2. The Seller grants the Service Provider a non-exclusive license to use the materials and content provided on the Platform in connection with the presentation and sale of the Seller’s Goods. The Seller declares that they are authorized to grant this license and that the materials and content provided are free from physical and legal defects and claims from third parties and do not infringe upon the rights and property of third parties. The license is granted for promotional and marketing purposes.
3. The Service Provider may grant the Seller a non-exclusive license to use the Platform's name and logo solely to inform others about the activities conducted through the Platform. The license is granted solely based on an individual decision by the Service Provider, after prior contact with the Seller.
4. The licenses referred to in paragraphs 4 and 5 are granted for the duration of the Agreement between the Seller and the Service Provider, on the following fields of exploitation:
1) in terms of recording and reproducing the work – producing copies of the work using a specific technique, including printing, reprographic, magnetic recording, and digital techniques;
2) in terms of trading in the original or copies on which the work has been recorded – distributing, lending, or renting the original or copies;
3) in terms of distributing the work in ways other than those specified in point 2 – public performance, exhibition, display, playback, broadcasting and rebroadcasting, and making the work available to the public in such a way that anyone can access it at a place and time of their choosing.
§ 19
Seller’s Liability Towards the Customer
1. The basis and scope of the Seller’s liability towards the Customer, if the sold Goods have defects, are determined by generally applicable laws, particularly the Consumer Rights Act.
2. The Seller is required to implement complaint processes and procedures for the Customer’s withdrawal from the Sales Agreement in accordance with applicable laws and the Terms for Customers, which is Annex No. 2 to these Terms of Service.
3. If the Seller fails to meet the requirements outlined in the previous paragraphs, the Service Provider has the right to terminate the Agreement with the Seller for the provision of services under the terms of § * of these Terms of Service.
§ 20
Seller’s Liability
1. The Seller is legally and factually responsible for all actions taken through the Platform or Seller Account, including safeguarding the access data to the Seller Account and preventing unauthorized third parties from gaining access.
2. The Seller is responsible for the truthfulness, accuracy, and timeliness of the content published via the Platform.
3. The Service Provider is not responsible for:
1) the unavailability of the Platform or Seller Account due to technical interruptions, failures, or the actions or omissions of third parties;
2) the content published in the Listings by the Seller, particularly for the truthfulness, accuracy, and reliability of the information provided by the Seller;
3) the legal status, legality, safety, and physical condition of the Seller's Goods;
4) statements made to Customers by the Seller;
5) the ability of the Seller and the Customer to conclude and fulfill the Sales Agreement;
6) the lack of interest in the Goods offered by the Seller, including Goods that are the subject of Auctions and Job Advertisements;
7) the Seller's actions towards Customers, particularly for improper fulfillment or non-fulfillment of the Seller's obligations under the Sales Agreement and resulting from non-compliance of the Goods with the Agreement, warranty, and guarantee concerning the subject of the Sales Agreement concluded between the Seller and the Customer;
8) improper processing and safeguarding of the Customers' personal data by the Seller, who placed an Order with the Seller or contacted the Seller via the Platform;
9) the improper safeguarding of access data or the disclosure of it to third parties;
10) the operation of the Seller's IT systems and devices;
11) force majeure.
§ 21
Processing of Customers' Personal Data by the Seller
1. The Seller is required to process the personal data of Customers who contact them or place Orders via the Platform in accordance with the provisions of this paragraph.
2. The collected personal data is processed in accordance with applicable law, particularly in compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, as well as the Platform’s Privacy Policy, which is Annex No. 3 to these Terms of Service.
3. The Seller is required to exercise the highest care in processing the personal data of Platform Customers and ensure an adequate level of data security. The Seller is obligated to ensure the fulfillment of legal obligations related to the processing of personal data, such as maintaining documentation, handling requests from data subjects, entering into data processing agreements, and authorizing employees.
4. The Seller declares that they will use the personal data of Customers using the Platform solely for purposes necessary for the efficient conduct of online sales via the Platform, i.e., to perform the Sales Agreement and ensure the highest level of post-sales service to Customers.
§ 22
Services Provided Electronically for Sellers
1. The Service Provider undertakes efforts to ensure the correct operation of the Platform to the extent of current technical knowledge and commits to resolving any irregularities reported by Sellers using the Service Provider’s contact details.
2. The free services provided electronically by the Service Provider include:
a) the ability to create an Account on the Platform,
b) the ability to conclude an Agreement with the Seller electronically,
c) the ability to receive the Newsletter (if the option to sign up for the Newsletter is available on the Platform's website).
3. The Seller is required to exercise the highest level of care in processing the personal data of Platform Customers and to ensure an adequate level of data security. The Seller is obligated to fulfill legal obligations related to the processing of personal data, such as: maintaining documentation, fulfilling data subject requests, entering into data processing agreements, and authorizing employees.
4. The Seller declares that they will use the personal data of Customers using the Platform solely for purposes necessary for the efficient conduct of online sales via the Platform, i.e., to perform the Sales Agreement and ensure the highest level of post-sales service to Customers.
§ 22
Electronic Services for Sellers
1. The Service Provider undertakes efforts to ensure the correct operation of the Platform to the extent of current technical knowledge and commits to resolving any irregularities reported by Sellers using the Service Provider's contact details.
2. The free services provided electronically by the Service Provider include:
a) the ability to create an Account on the Platform,
b) the ability to conclude an Agreement with the Seller electronically,
c) the ability to receive the Newsletter (if the option to sign up for the Newsletter is available on the Platform's website).
3. Account creation is done by filling out the registration form or, if such an option is provided, by selecting the appropriate consent during the ordering process. Upon successful registration of the Account on the Platform, a free Agreement for the provision of electronic services is concluded for an indefinite period.
4. The Seller may delete their account at any time via the Seller panel or by sending a deletion request to the Platform's email address.
5. The Seller Account stores information regarding the Seller's data, Customers, and Orders placed. In the event of the Seller Account's deletion, the Service Provider will retain information about Orders placed until the expiration of any possible claims arising from a specific legal relationship or for the duration of the Platform’s operation—unless the Customer or Seller objects to the storage of this information, and the Service Provider has no overriding legitimate interest in continuing to store it.
6. Newsletter sign-up can be completed by submitting the Newsletter sign-up form or by selecting consent during the ordering process. Upon successful sign-up for the Newsletter, the Service Provider provides an electronic service by sending the Seller and Customer emails containing information about the Seller’s products, promotions, or services. The Seller and Customer can unsubscribe from the Newsletter at any time by clicking the unsubscribe button in the email or by sending an unsubscribe request to the Platform’s email address.
7. In the event of a complaint, the Seller should provide their name, correspondence address, the type, and the date of the issue related to the operation of the Platform.
8. The Service Provider commits to addressing any complaint regarding the operation of the Platform within 14 days. The Customer is asked to send complaints to the Seller's email address.
9. The content included in the Newsletter is protected by copyright. Copying, recording, or distributing it without the Service Provider's consent is prohibited.
10. The Consumer may withdraw from the Agreement for the provision of digital content within 14 days of its conclusion without providing a reason by informing the Service Provider. Regardless, the user may submit a statement of resignation from the services at any time.
§ 23
Termination of the Agreement Between the Seller and the Service Provider
1. The Agreement for the provision of services is concluded for an indefinite period. The Seller's obligations towards Customers, related to post-sales services resulting from the conclusion of a Sales Agreement with the Customer, do not expire after the termination of the Agreement for the provision of services with the Service Provider.
2. The Service Provider and the Seller may terminate the Agreement for the provision of services at any time without providing a reason, with one month’s notice, effective at the end of the settlement period. After the notice period has expired, logging into the Seller Account and restoring the content posted by the Seller will be impossible.
3. The Agreement may be terminated by the Service Provider without notice in the event of the Seller's breach of the provisions of these Terms of Service.
4. The Service Provider may refuse to re-register a Seller with whom it previously terminated the Agreement as described in paragraph 3 of this section.
5. In the event of changes to these Terms of Service, the Seller has the right to terminate the Agreement for the provision of services within 14 days of receiving notification of the changes. If the Seller does not terminate the Agreement within the specified period, the changes to the Terms of Service will become effective for the Seller after the 14-day period has elapsed.
CHAPTER IV – FINAL PROVISIONS – FOR CUSTOMERS AND SELLERS
§ 24
Final Provisions
1. All rights to the Platform and the Goods offered, including intellectual property rights, proprietary and personal copyrights, belong to the Service Provider. Without the Service Provider's consent, it is prohibited to, among other things, reproduce or modify the content offered by the Service Provider.
2. The Service Provider reserves the right to make changes to the Terms of Service for significant reasons, such as changes in the Offer or changes in the law. The new terms and conditions take effect on the date of publication. Registered Users will be notified of changes to the Terms of Service via email.
3. The Seller has the right to change the prices of Goods and introduce promotions without prejudice to the agreements concluded before these changes.
4. In matters not regulated by these Terms of Service, the generally applicable laws of Poland shall apply.
5. None of the provisions of the Terms of Service are intended to limit the rights of the Consumer or Entrepreneur with Consumer rights, guaranteed by the Consumer Rights Act and other applicable legal acts.
6. In the event of a dispute arising from a Sales Agreement, the parties will seek to resolve the matter amicably. The Service Provider has indicated the possibility of using out-of-court methods of handling complaints and pursuing claims in § 12 of these Terms of Service.
7. In the event of a dispute arising from the Service Agreement between the Seller and the Service Provider, the parties will seek to resolve the matter amicably. If the parties are unable to resolve the matter amicably, disputes between the Service Provider and the Seller will be resolved by the court of general jurisdiction for the Service Provider's registered office.
CHAPTER V – COMPLAINT FORMS AND DECLARATIONS OF WITHDRAWAL FROM THE AGREEMENT
The sample complaint form and withdrawal declaration from the Agreement – using the templates below is not mandatory, but recommended.
ANNEX NO. 1
TO THE TERMS OF SERVICE OF THE MIKESPORT.PL ONLINE PLATFORM
City, date
First name, Last name
Consumer's Address
Order Number
To (please fill in the recipient's name and address)
……………………………………………
……………………………………………
……………………………………………
DECLARATION OF WITHDRAWAL FROM THE DISTANCE CONTRACT
I hereby declare that I am withdrawing from the Agreement No. ...................., concluded on ....................
regarding the purchase of the Goods ……………………………………………
Please refund the amount of ……………… to the bank account number:
……………………………………………………………………………………………………………
…………………...............................
Consumer's signature
ANNEX NO. 2
TO THE TERMS OF SERVICE OF THE MIKESPORT.PL ONLINE PLATFORM
City, date
First name, Last name
Consumer's Address
Order Number
To (please fill in the recipient's name and address)
……………………………………………
……………………………………………
……………………………………………
PRODUCT COMPLAINT FORM
Hereby, I notify that the Goods purchased by me on ……………. are inconsistent with the Agreement (defective). The defect consists of:
……………………………………………………………………………………………………………………………………………………………………………
………………………………………….........................................................................................................…….
Order Number (available after logging in or in the order confirmation email)
…………………………………………………………………………………………………………………………………………
The defect was discovered on ……………………….. . Due to the above:
• I request a free repair of the Goods
• I request a replacement of the Goods with a new one
In cases specified by law:
• I am submitting a declaration of a price reduction for the Goods by the amount of ……….. (in words: ………) PLN,
• I am submitting a declaration of withdrawal from the Agreement
Please refund the stated amount to the account
………………………………………………………….........................................................................................……………
/via postal transfer to my address ……………………………………………………....
…………………...............................
Consumer's signature