GENERAL CONDITIONS OF CONTRACTS

The following terms and conditions govern the principles of cooperation between the owner of the website fitshaker.pl and www.fitshaker.eu (hereinafter referred to as: the Owner) and the client (hereinafter referred to as: the Ordering Party). The owner of the fitshaker.pl website is Fitchoice.eu sp. z o.o. based in Lusin, address: ul. Krakowska 81, 30-698 Lusina, with NIP: 6772375625 and REGON: 122882072, entered into the register of entrepreneurs of the National Court Register by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the number: 0000474364. These General Terms and Conditions of Contracts do not apply to consumer contracts, i.e. contracts concluded by the Owner with a natural person acting for purposes not directly related to his or her business or professional activity.

§ 1 ORDERS

1.a Orders are accepted only on the designated order form made available to the Ordering Party by the Owner, providing the Ordering Party’s detailed data, names of the persons handling the order on the Ordering Party’s part, delivery address, e-mail address and telephone number. The Owner always verifies the Ordering Party’s data in publicly available commercial registers or other databases to ensure that they are correct and up-to-date.

1.b Individual login details in the order panel are sent to the e-mail address provided by the Ordering Party: https://fitchoice.eu/pwprodukcji.

1.c Upon acceptance of the order by the Ordering Party in the order panel, a contract is concluded between the Ordering Party and the Owner. Acceptance of the terms of the order by the Ordering Party is tantamount to authorizing the Owner to issue VAT invoices without the Ordering Party’s signature.

1.d The person accepting the order declares that he or she has a valid authorization to represent the ordering company and incur financial obligations on behalf of the Ordering Party, including to conclude contracts such as those covered by the order. If this person is not listed in publicly available commercial registers as authorized to represent the Ordering Party, the Ordering Party will send the Owner by e-mail a scan of the power of attorney for the person accepting the order, signed in accordance with the principles of representation of the Ordering Party when concluding contracts such as those covered by the order. In such a case, the contract is concluded when the Owner receives an e-mail containing a scan of the power of attorney in question.

1.e If the Ordering Party is in arrears with any payments, the Owner reserves the right not to accept another order before the outstanding amounts are paid.

1.f The goods purchased by the Ordering Party remain the property of the Owner until the payment for the goods is fully settled.

1.g An order accepted by the Ordering Party cannot be canceled. The Parties exclude the possibility of the Ordering Party withdrawing from the contract before the production of the Goods is completed.

1.h In the event that the parties agree on a deferred payment for the goods, the Ordering Party undertakes that the person authorized to represent him will sign one copy of the invoice received from the Owner and return it to the Owner by registered mail within 7 days from the date of its receipt, under pain of being obliged to payment of a contractual penalty to the Owner in the amount of twice the amount of the Owner’s remuneration for the performance of the contract. The owner may demand compensation exceeding the stipulated amount of the contractual penalty.

1.i The delivery date depends on the quantity ordered, but will not exceed 20 business days (for orders of 3,000 pcs and more) and 10 business days for orders below 3,000 pcs. The Owner undertakes to confirm the delivery date within 2 business days after placing the order by the Ordering Party. . If it is necessary to extend the completion date and the Ordering Party does not consent to this, the order may be canceled and the fees paid by the Ordering Party will be refunded.

§ 2 PAYMENTS

2.a New contractors are obliged to pay an advance payment of 100% of the order value, based on a pro forma invoice, for the first three orders. Once these orders are completed, the customer can request a custom payment term. If payment for the goods is made in advance, the deadline for completing the order by the Owner begins when the Owner’s bank account is credited with the amount of the remuneration agreed by the parties.

2.b If the Owner agrees to cancel the order, the Ordering Party is obliged to cover all costs incurred by the Owner in the execution of this order.

2.c The Parties agree that the date of payment of any payment to the Owner is the day on which the Owner’s bank account is credited with the payment amount. If the Ordering Party exceeds any payment deadline, the Owner has the right to charge maximum interest for the delay and to charge the Ordering Party with the costs of reminders.

2.d In the event of any disputes between the Owner and the Ordering Party, including filing a complaint, the Ordering Party is not entitled to withhold payment or part of the payment for the purchased goods. Any settlements arising from disputes will take place only after mutual agreement of the parties’ positions and settlement conditions.

§ 3 GOODS AND DECORATIONS

3.a Due to the specificity of the production process, the Owner has the right to deliver +/- 5% of the ordered quantity of goods. The Ordering Party undertakes to accept all manufactured goods and pay for them. The price of surplus goods is equal to the price specified in the contract for one item, multiplied by the number of surplus items of goods. If the Ordering Party requires the Owner to produce the exact quantity of the ordered goods, the Ordering Party must stipulate this circumstance before concluding the contract and undertakes to incur additional costs necessary for the Owner to meet this requirement.

3.b 1. The owner is not responsible for temporary shortages of goods from suppliers. 2. If it is impossible to complete the order due to the lack of goods from the supplier, the Owner will notify the Ordering Party about this, proposing an alternative offer. If the Ordering Party does not use it, he will only be entitled to a refund of the amounts paid to the Owner.

3.c The owner is not liable for the difference between the colors of the goods in the catalog and the actual color of the goods being the subject of the order, as well as for slight differences in shades within the ordered assortment.

3.d The company logo, the content of the print and any graphic layout required by the Ordering Party should be delivered by e-mail with a detailed description of the pattern size and colors. Preparation of the project contrary to the above requirements of the Owner will result in additional fees from the Ordering Party according to the current hourly rate of the graphic designer’s work.

§ 4 PACKING

4.a Standardly, shakers are packed collectively, loosely in cardboard boxes. Any other packaging method incurs additional fees.

§ 5 TRANSPORT

5.a The prices of goods included in the price list are established on an ex-works basis in Kraków, the Owner’s registered office. The ordering party may collect the goods using his own transport. The Ordering Party undertakes to provide the Owner with the contact details of the selected carrier and the date of the planned collection of the Goods. The above notice should be signed by a person authorized to represent the Ordering Party and sent by e-mail to the Owner.

5.b At the request of the Ordering Party, the goods may be sent via post, railway or forwarding companies. Delivery costs are covered by the Ordering Party. In the event of a delay in delivery for any reason beyond the control of the Owner, the Ordering Party will be informed immediately.

5.c 1. In the event that the Ordering Party collects the goods using its own transport from the warehouse of the Owner’s company, the risk of accidental destruction or loss of the goods passes to the Ordering Party at the moment when, in accordance with the contract, the Ordering Party or a carrier authorized by him should collect the goods placed at his disposal. . 2. If, at the request of the Ordering Party, the goods are sent to the Ordering Party via post, railway or forwarding companies, the risk of accidental destruction or loss of the goods passes to the Ordering Party at the moment when the Owner entrusts the goods to a carrier engaged in the transport of goods of this type.

§ 6 COMPLAINTS

6.a Complaints regarding the quantity, quality and compliance of the goods with the order may only be submitted in writing or by e-mail within 3 days from the date of receipt of the goods from the Owner’s warehouse, and if, at the request of the Ordering Party, the goods are sent to the Ordering Party via post. , railways or forwarding companies – within 3 days from the date of delivery of the goods to the Ordering Party by the carrier. The Owner is not liable for any defects or destruction of the goods occurring after their delivery to the carrier indicated by the Ordering Party in accordance with § 5 section 5.a, as well as after the expiry of the deadline for collecting the goods by the Ordering Party or the carrier indicated by him. A letter or e-mail containing a complaint must be delivered to the Owner within the time specified above. The complaint should include a detailed description of the defect in the goods, and in the case of quality defects and non-compliance with the order, the complaint should additionally include photos of the goods revealing the reported defects. The owner undertakes to resolve the complaint within 7 days of its receipt. All transport costs related to the return of the complained goods are borne by the Ordering Party. Items deemed defective by the Owner will be repaired or re-manufactured and prepared for delivery to the Ordering Party within the time specified by the Owner. The choice of how to remove defects rests with the Owner. If the Owner considers the returned goods to be defective, the repaired or re-manufactured goods will be delivered to the Ordering Party at the Owner’s expense.

6.b After the ownership of the goods is transferred to the next recipient, the liability for any physical and legal defects of the goods passes to the Ordering Party. It is the responsibility of the Ordering Party to check the goods before handing them over to anyone. The same applies to goods subjected to further processing (printing) if the Ordering Party purchases goods from the Owner without additional markings or decorations. Returns of goods processed in any way are not accepted. The owner does not accept exceptions to this rule.

6.c If the Ordering Party files a complaint regarding physical or legal defects of the goods, and the goods (including their shipment) have not been paid for by the Ordering Party in accordance with the contract, the Owner may suspend the performance of the obligations arising from § 6 section 6.a. Regulations until the amount due from the Ordering Party is credited to the Owner’s bank account.

6.d The Owner and the Ordering Party exclude the Owner’s liability under the warranty for physical and legal defects of the goods to the extent exceeding the liability provided for in this § 6.

6.e For any damage resulting from non-execution or improper execution of the order, the Owner is liable only up to the amount of the remuneration reserved to the Owner for the performance of the contract. Claims in this respect may be submitted within the time limit specified in § 6 section 6a sentence 1.

§ 7 INTELLECTUAL PROPERTY RIGHTS

7.a If, in accordance with the order, any logo, trademark or other marking of the Ordering Party or his company is placed on the goods, the Ordering Party consents to the free use of products made by the Owner marked in the above manner in advertising materials on the Owner’s website, fanpage on Facebook and on other social networking sites and websites, as part of the exhibition at trade fairs and as samples of the Owner’s technical capabilities regarding print quality. The Owner also has the right to place information on the performance of the contract for the Ordering Party in its advertising materials (including on the Owner’s website, Facebook fan page and other social networking sites and websites).

7.b The Ordering Party is fully responsible for having the copyright and/or the right of protection for a trademark or the right to use another sign to the extent necessary for the Owner to perform the order.

7.c In the event of infringement of the rights of third parties resulting from the Owner’s use of the logo, trademarks or other markings of the Ordering Party or his company pursuant to this § 7, the Ordering Party undertakes to release the Owner from any liability in this respect, and in the event of such necessity expressed by the Owner – to join a court or arbitration dispute on the Owner’s side. If the Owner is required to pay any amounts of money to third parties in connection with the above, the Ordering Party undertakes to pay the Owner an amount corresponding to the amount awarded from the Owner, together with the costs of court proceedings or arbitration proceedings, interest due and the costs of possible enforcement within 14 days from the date of sending by the Owner by e-mail requesting payment. The compensation stipulated in this section also includes the payment by the Ordering Party to the Owner of an amount corresponding to the costs of legal assistance, which are charged to the Owner in connection with the need to protect its rights against third parties.

§ 8 PRICES

8.a The prices of individual goods given on the Owner’s website are established on an ex-works basis in Krakow and do not include value added tax (VAT) in the amount specified by applicable law, which tax should be added to these prices.

8.b The prices indicated on the Owner’s website do not include shipping and packaging costs, unless other information is included in the price list.

8.c 1. The prices given on the Owner’s website do not constitute an offer. They are for informational purposes only. 2. The owner reserves the right to change the prices of articles included in the catalog as a result of: devaluation of the Polish zloty in relation to the euro, an increase in applicable customs and tax rates or the introduction of other additional tax or public law burdens, a significant increase in prices from suppliers and other important reasons .

§ 9 OTHER TERMS AND CONDITIONS

9.a Disputes arising in connection with contracts concluded on the basis of these General Terms and Conditions of Contracts will be settled through amicable arrangements. In the event of failure to reach an agreement, the dispute will be resolved in court by the court competent for the registered office of the Owner. This also applies to claims of a party to these contracts arising from non-contractual obligations.

9.b The law applicable to all contracts with the Ordering Party is Polish law. This also applies to claims of a party to these contracts arising from non-contractual obligations.

9.c The administrator of personal data provided by the Ordering Party is Fitchoice.eu sp. z o. o., ul. Krakowska 81, 30-698 Lusina.

9.d The Owner and the Ordering Party exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980).

9.e These General Terms and Conditions have been prepared in two language versions: Polish and English. In the event of any discrepancies between the meaning of both language versions of the contract, the Polish version shall prevail.

9.f By placing an order on the fitshaker.pl website (www.fitshaker.eu), the Ordering Party accepts the arrangements contained in these General Terms and Conditions.

9.g The Owner will inform about each change to the General Terms and Conditions of Contracts via the website www.fitshaker.pl (www.fitshaker.eu).