TERMS AND CONDITIONS
TERMS AND CONDITIONS
OF THE ONLINE STORE AND THE PROVISION
OF OTHER SERVICES BY ELECTRONIC MEANS
effective from: 06.10. 2022
- The terms used in these Regulations have the following meanings:
- Katarzyna Wiklanska, providing Services available via the Website to the extent and on the terms described in these Regulations;
- Website – a website administered by Katarzyna Wiklanska, available at avolarsport.com, through which Katarzyna Wiklanska provides Services electronically;
- Client – a natural person with full legal capacity, a legal person or an entity without legal personality, but having legal capacity, using the Services provided electronically on the terms described in these Regulations;
- Store – an online store run by Katarzyna Wiklanska at: avolarsport.com;
- Account – an individual Customer account in the Store created by completing and sending the Registration Form to Katarzyna Wiklanska Avolar Sport, enabling the submission of Orders, editing personal data, viewing the history of Orders placed by the Customer and access to Digital Content;
- Registration Form – a form available in the Store, enabling the creation of an Account;
- Login – entering an individual identifier (login) and password allowing access to the content of the Account;
- Order Form – a form available in the Store, both via the Account and outside of it (without logging in) that allows you to place an Order, in particular by adding Products to the Cart;
- Cart – an element of the Store in which the Products selected by the Customer are visible, and it is also possible to determine and modify the Order data;
- Order – Customer’s declaration of will submitted via the Order Form, aimed directly at concluding a Product sales contract or booking a service provided by Katarzyna Wiklanska Avolar Sport;
- Product – Digital Content available in the Store or movable items being the subject of a sales contract between the Customer and Katarzyna Wiklanska Avolar Sport or services provided by Katarzyna Wiklanska Avolar Sport, which are booked by the Customer via the Store;
- Digital Content – products available in the current offer of the Store in electronic formats, including in particular e-Books (works saved in digital format, available for download by the Customer) and webinars (saved in the form of a video or audio recording content to be downloaded by the Customer or made available in the form of a link to the website, sent to the Customer via e-mail);
- Contact Form – A service that allows the Customer to send a message to Katarzyna Wiklnska via the dialog box available on the Website at: avolarsport.com;
- Messenger – a service that allows the Customer to send messages to Katarzyna Wiklanska via the messenger available on the Website ;
- Comment – a service consisting in enabling the Customer to leave an opinion about the Product in the Store;
- Service – each service provided by Katarzyna Wiklanska AvolarSport electronically via the Website;
2. GENERAL PROVISIONS
- These Regulations define the type and scope of Services provided by Katarzyna Wiklanska Avolar Sport, the conditions for the provision of these Services via the Website, the conditions for concluding and terminating contracts for the provision of Services and the complaint procedure, and thus constitutes the document referred to in art. 8 sec. 1 point 1 ATS.
- Katarzyna Wiklanska Avolar Sport provides the following Services electronically via the Website:
- reading the content published on the Website;
- setting up and running an Account;
- running the Cart;
- placing Orders in the Store;
- enabling the use of the Messenger;
- providing the Contact Form;
- enabling the publication of Comments.
- Contact with Katarzyna Wiklanska Avolar Sport is possible:
- in writing to the following address: c. Mare De Deu de Port 114, 1-2, 08038 Barcelona, Spain;
- via e-mail at the e-mail address: firstname.lastname@example.org;
- via Messenger, WhatsApp or direct messages on Instagram and TikTok (profile Avolar Sport).
- These Regulations are available free of charge via the Website that enables the acquisition,, and recording of the content of the Regulations using the IT system used by the Customer.
- The Regulations constitute a model of a distance contract. The content of the Regulations, in the case of using the Services indicated in the Regulations, is the content of the contract for the provision of electronic services concluded between the parties.
- When using the Services, it is forbidden for the Customer to provide illegal content.
- Before using the Services, the Customer is obliged to read the Regulations and accept its provisions by clicking the appropriate box (checkbox) before using the Services.
3. TECHNICAL REQUIREMENTS
- To use the Services, it is necessary to:
- the Customer’s possession of a device with Internet access (computer, tablet, telephone) and the current version of the web browser that supports cookies – e.g. Microsoft Edge, Opera, Mozilla Firefox, Google Chrome, Safari,
- an active e-mail account (e-mail),
- enabled supportcookies
- The costs of providing the above technical conditions necessary to use the Services are borne by the Customer.
- Additionally, for the safety of using the Services, it is recommended that the Customer’s device additionally has:
- up-to-date antivirus system,
- an effective firewall,
- installed operating system and web browser updates related to security,
- an activated function of accepting cookies and Java Script in the web browser.
- In order to properly use the Digital Content in the form of e-books, it is necessary for the Customer’s device to have additional software that allows – depending on the specificity of the Digital Content – to read files in the .PDF, .EPUB, .MOBI, .docs, .xls format.
- Katarzyna Wiklanska Avolar Sport is not responsible for the Customer’s failure to meet the above technical requirements necessary to use the individual Services.
- Katarzyna Wiklanska Avolar Sport, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Services, caused by force majeure, unlawful actions of third parties or incompatibility of the Services with the Customer’s technical infrastructure.
- Katarzyna Wiklanska Avolar Sport makes every effort to ensure that the Services provided are at the highest level, however, it does not exclude the possibility of temporarily suspending the availability of the Services in the event of the need for maintenance, inspection or in connection with the need to modernize or expand the Website. Katarzyna Wiklanska Avolar Sport will make every effort to ensure that the scheduled technical breaks related to the maintenance of software, telecommunications equipment and servers used by Katarzyna Wiklanska Avolar Sport for the needs of the Website, are planned at night, if possible. Katarzyna Wiklanska Avolar Sport will inform customers in advance about the date and expected duration of the break, if technically possible.
4. CONTENT PUBLISHED ON THE WEBSITE
- As part of the Service, the Customer may read all content published by Katarzyna Wiklanska Avolar Sport on the Website for free.
- The contract for the provision of this Service is concluded for the period of actual use of the Website, each time the Customer enters the Website.
- The contract for the provision of this Service is terminated when the Customer leaves the Website, which does not require any additional statements either on the part of Katarzyna Wiklanska Avolar Sport or on the part of the Customer.
- The Service may be used by any Customer, without the need to create an Account and Log in.
5. MAINTENANCE OF THE CART
- This service is based on the possibility for the Customer to keep the Products that interested him in the Cart free of charge.
- The contract for the provision of this Service is concluded when the Customer adds Products to the Cart, and is terminated when the Customer removes the Products from the Cart.
- Termination of the Agreement does not require any additional statements either on the part of Katarzyna Wiklanska Avolar Sport or on the part of the Client.
- The Service may be used by any Customer, without the need to create an Account and Log in.
6. OPENING AND MAINTENANCE OF AN ACCOUNT
- This service includes the possibility for the Customer to set up an Account and use its functionalities free of charge. Through the Account, the Customer may independently correct his personal data indicated in the Registration Form or later when using the Account, place Orders, and have access to the history of his Orders.
- The contract for the provision of this service is concluded upon the creation of the Account by providing the required personal data in the Registration Form, ie:, login and password, accepting the required statements and confirming the creation of the Account by the Customer. After the Customer completes and confirms the correctness of personal data in the Registration Form, to the e-mail address provided therein, he will send an e-mail containing a request for the Customer to confirm the creation of an Account.
- An account can only be assigned to one customer. The Client may have only one Account.
- Logging in to the Account is possible after the Customer provides an individual ID (login) and password. If the password is lost or forgotten, the Customer has the option of reminding the password. The password may also be changed independently by the Customer via the Account, after logging in.
- The Customer may not share his login and password to the Account with other people.
- The Account maintenance agreement is concluded for an indefinite period. The Customer may at any time, without giving any reason and without incurring any fees, delete the Account by sending an appropriate request to Katarzyna Wiklanska Avolar Sport through one of the communication channels indicated in point. II.3. The account will be deleted by Katarzyna Wiklanska Avolar Sport immediately, no later than within 14 days from the request made by the Customer.
7. PLACING ORDERS IN STORE AND SHIPPING ORDERS
- The prices given in the Store are expressed in euro (EUR) and are gross prices.
- Katarzyna Wiklanska Avolar Sport issues VAT invoices.
- Katarzyna Wiklanska Avolar Sport undertakes to deliver Products free from physical and legal defects.
- The customer is obliged to use the Products offered by Katarzyna Wiklanska Avolar Sport in a manner consistent with the provisions in force in the territory of Spain and in accordance with the provisions of the Regulations.
- Viewing the Products available in the Store does not require an Account.
- Placing an Order in the Store is possible both after creating an Account and without creating an Account, after providing the necessary identification, contact and address data enabling the Order to be processed.
- In the course of using the Store via the Account, in particular when placing an Order, the Customer may be asked to provide additional data, not included in the Registration Form, necessary to complete the Order or to issue a VAT invoice.
- As soon as the Customer confirms the creation of the Account, customer acquires the right to use the Store’s functionalities provided by Katarzyna Wiklanska Avolar Sport, in particular to purchase Products currently available in the Store. At the same time, a contract for the use of the Store is concluded between Katarzyna Wiklanska Avolar Sport and the Customer.
- In order to place an Order:
- log into the Store (optional) ;
- select the Product that is the subject of the Order, and then click the “Add to Cart” button (or equivalent) ;
- log in or use the option of placing an Order without registration;
- complete the Order Form,
- click the “Order and pay” button,
- choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period.
- Katarzyna Wiklanska Avolar Sport provides the Customer with the following payment methods in the Store:
- electronic payments via PayPal ;
- payment card, i.e. Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro, American Express;
- In the event of withdrawal from the contract, the reimbursement is made using the same channel with which the payment was made, unless the customer has agreed to a different form of reimbursement, which does not involve any additional costs for him.
- If the Customer has expressed a desire to receive a VAT invoice, it is delivered electronically together with the confirmation of the Order, to the e-mail address provided by the Customer when placing the Order.
- Information on delivery costs is provided at the time of determining the details of the order and depends on the type and quantity of products and the choice of the Supplier who is to deliver the Product to the Buyer.
- Katarzyna Wiklanska Avolar Sport carries out the delivery of goods via Katarzyna Wiklanska Avolar Sport. Shipment is carried out on behalf of the Buyer. The buyer gives the seller’s power of attorney to conclude a contract with post office or a courier company on his behalf.
- When collecting the delivered parcel, the Customer is obliged to check its technical and physical condition. In the event of damage to the parcel, it is recommended to draw up a damage report in the presence of the courier and notify Katarzyna Wiklanska Avolar Sport about it. The damage report is helpful in carrying out the complaint procedure, and its absence may make it difficult for the Customer to pursue possible claims and determine the person responsible for the damage. Complaints regarding damage caused during the shipment submitted by a Customer who is not a Consumer will not be considered without an attached damage report.
- If the Customer has asked for an invoice, invoice or invoice without VAT, it will be delivered to the Customer by e-mail to the e-mail address provided in the order or attached to the shipment. The customer may request an invoice or invoice immediately with the order or for three months following the month in which he made the purchase.
- The implementation of an order covering physical products consists in completing the ordered products (if they are available in the store) or making them in accordance with the order placed (and at the time agreed between Katarzyna Wiklanska Avolar Sport and the Customer), and then packing them for delivery to the Customer and sending the shipment to the Customer in accordance with the chosen form of delivery of the order.
- The order is considered completed at the moment of sending the shipment to the Customer (entrusting the shipment to the carrier involved in the transport).
- The order fulfilment time depends on the product and is individually agreed with the customer. The ordered products should be delivered to the customer within 30 days, unless it has been clearly marked in the product description for longer period. In such a situation, by placing an order, the Customer agrees to a longer order fulfilment period resulting from the product description.
8. THE RIGHT TO WITHDRAW FROM THE CONTRACT
- A customer who is a consumer within the meaning of art. 22 1 of the spanish Civil Code (a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity) or a natural person concluding a contract directly related to his business activity, if the content of this contract shows that it does not have a professional nature for him, resulting from in particular, from the subject of the business activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Activity, has the right to withdraw from the sales contract or the contract for the reservation of services within 14 days, without giving any reason.
- The running of the time limit specified in sec. 1 begins with the delivery of the Product to the Customer.
- To meet the deadline for withdrawal from the contract, it is enough to send a statement of withdrawal to Katarzyna Wiklanska Avolar Sport, before its expiry, to the e-mail address: email@example.com.
- If the Customer sends a declaration of withdrawal from the contract by traditional mail (post office, courier), for the 14-day withdrawal period, the date of sending the correspondence is counted.
- The customer may use the model withdrawal form attached to these Regulations, but it is not obligatory.
- In the event of withdrawal from the contract, the contract is considered void.
- The right to withdraw from a distance contract is not entitled to the Customer in relation to the contract:
- for the provision of services, if Katarzyna Wiklanska Avolar Sport has fully performed the service with the express consent of the Customer, who was informed before the commencement of the service that after the performance of the service by Katarzyna Wiklanska Avolar Sport, Customer will lose the right to withdraw from the contract,
- for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the express consent of the Customer before the deadline to withdraw from the contract and after informing him by Katarzyna Wiklanska Avolar Sport about the loss of the right to withdraw from the contract.
9. CONTACT FORM
- This service is available to every customer without the need to have an account.
- In order to use the Service, the Customer should provide correct, current and marked with Katarzyna Wiklanska Avolar Sport as required personal data, via a dedicated dialog (form) at the address: https://avolarsport.com/contact/.
- The service is free of charge, and the contract for the provision of this Service is concluded each time the Customer sends a message to Katarzyna Wiklanska Avolar Sport via a dedicated form.
- The contract for the provision of the Service is terminated upon its performance (sending a message) and does not require any additional statements either on the part of Katarzyna Wiklanska Avolar Sport or on the part of the Customer.
- This service can be used free of charge by a Customer who has an active Account and has logged in / each Customer, without the need to have an Account.
- This service allows the Customer to post an opinion about the Product.
- The contract for the provision of this Service is concluded between Katarzyna Wiklanska Avolar Sport and the Customer along with the posting of the Comment and is terminated upon deletion of the Account.
- The Customer has the right to submit a complaint regarding the Product.
- The customer may submit a complaint to Katarzyna Wiklanska Avolar Sport using the following communication channels:
– by e-mail – to the following address: firstname.lastname@example.org ;
– in writing – to the following address:. Avolar Sport, c. Mare de Deu de Port 114, 1-2, 08038 Barcelona, Spain.
The complaint should contain at least the name, surname and e-mail address of the Customer or correspondence address to which Katarzyna Wiklanska Avolar Sport is to answer the complaint, company name in the case of a Customer who is an entrepreneur, order number, Product description and a description of the objections raised along with the Customer’s request related to the submitted complaint.
Katarzyna Wiklanska Avolar Sport reserves the right to leave without consideration complaints that do not meet the conditions set out in paragraph 3, in particular when the information provided does not allow the Customer to be identified or contacted in order to resolve the complaint.
Katarzyna Wiklanska Avolar Sport considers submitted complaints within 14 days from the date of receipt of all information necessary for its consideration. In particularly complicated cases, making it impossible to consider the complaint within 14 days, Katarzyna Wiklanska Avolar Sport reserves the right to extend the deadline for considering the complaint to 30 days. In this case, Katarzyna Wiklanska Avolar Sport will inform the Customer about the extension of the deadline for considering his complaint before the expiry of the 14-day period, stating the reason for the delay.
12. DISPUTE SETTELEMENT
- In the event of disputes with the participation of a Customer who is a consumer, it is possible to use out-of-court complaint and redress methods as well as settle disputes, i.e .:
1.1. In order to resolve a dispute amicably, the consumer may, for example, submit a complaint via the ODR online platform (European Online Dispute Resolution platform);
1.2. the consumer has the right to use out-of-court dispute resolution, in particular by submitting a request to initiate mediation or an application for consideration of the case by an arbitration court after the end of the complaint procedure.
13. PROCESSING OF PERSONAL DATA
- The administrator of Customers’ personal data is Katarzyna Wiklanska Avolar Sport.
- In connection with the use of online payments via Paypal, in connection with the payment, this entity becomes a separate administrator of the Customer’s personal data.
- Digital Content works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights and is subject to protection provided for in this legal act.
- The proprietary copyrights to the Digital Content are vested in Katarzyna Wiklanska Avolar Sport, and moral rights – to the authors.
- Exclusive rights to the content provided as part of the Store, in particular copyrights to photos, names, trademarks of the Store and its Products, including graphic elements, software and database rights are legally protected and are vested in Katarzyna Wiklanska Avolar Sport or third parties with whom Katarzyna Wiklanska Avolar Sport has concluded appropriate agreements.
- It is forbidden to copy as well as other forms of using any elements of the Store without the consent of Katarzyna Wiklanska Avolar Sport.
- The Customer may use the purchased Digital Content only for his own needs.
- In particular, the Customer is not allowed to:
- Remove security features and markings on Digital Content.
- Reproduce or distribute Digital Content, both in printed and electronic form.
- Share Digital Content with others, both in printed and electronic form.
- Rent and lend Digital Content, both in printed and electronic form.
- Interfere with the content and content of the Digital Content.
15. FINAL PROVISIONS
- Katarzyna Wiklanska Avolar Sport reserves the right to make changes to the Regulations for important reasons, in particular changes to the law, changes in payment methods – to the extent to which these changes affect the implementation of the provisions of these Regulations. Katarzyna Wiklanska Avolar Sport will inform the Customer about each change at least 7 days in advance.
- In matters not covered by these Regulations, the generally applicable provisions of Spanish law shall apply, in particular: the Civil Code, AEU, the Act on consumer rights, the Act on the protection of personal data.
INFORMATION ABOUT THE RIGHT TO WITHDRAW FROM THE AGREEMENT
You have the right to withdraw from the contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the date of conclusion of the contract. To exercise the right of withdrawal, you must inform Katarzyna Wiklanska Avolar Sport, e-mail: email@example.com, of your decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by traditional mail or e-mail).
You can use the model withdrawal form, which is provided below, but it is not obligatory. To keep the deadline for withdrawing from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract. In the event of withdrawal from the contract, all payments received from you, if any, will be returned to you immediately, and in any case not later than 14 days from the date of receipt of the notification of your decision to exercise the right to withdraw from this contract. Refund, if any, will be made using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise. You will not incur any fees related to this return.
Model withdrawal form:
I [NAME AND SURNAME] on behalf of my own / company [company name] hereby inform about the withdrawal from the contract [please describe the subject of the contract]. The contract date is [contract date]. [NAME AND SURNAME] [ADDRESS] [DATE] [SIGNATURE] (only if the form is sent in paper version)
WITHDRAWAL FROM THE CONTRACT: The form for download can be found here: DOWNLOAD