Terms

ONLINE STORE REGULATIONS

1. These Regulations define the general terms, conditions and methods of sales conducted by "GO HARD" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Wrocław, through the online store store.ultraceofficial.com (hereinafter referred to as the "Online Store") and define the terms and conditions of provision of free services by electronic means by "GO HARD" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Wrocław.

§ 1 Definitions

1. Working days - means days of the week from Monday to Friday, excluding public holidays.
2. Delivery - means the actual act of delivering the Goods specified in the order to the Customer by the Seller, through the Supplier.
a) courier company;
b) InPost Sp. z o. o. with its registered office in Kraków, providing Delivery services and operating a post office box system (Paczkomat).
3. Password - means a sequence of letters, numbers or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
4. Customer - means an entity to which services may be provided electronically in accordance with the Regulations and legal provisions or with which a Sales Agreement may be concluded.
5. Consumer - means a natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
6. Customer Account - means an individual panel for each Customer, launched on his/her behalf by the Seller, after the Customer has registered and concluded an agreement for the provision of the Customer Account service.
7. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
8. Entrepreneur with Consumer Rights - means a natural person concluding a Sales Agreement directly related to his/her business activity, when the content of the Sales Agreement indicates that it is not of a professional nature for this Entrepreneur, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9. Regulations - means these regulations.
10. Registration - means an actual action performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
11. Stationary Store - means a place intended for serving Customers, the list of whom is available on the Store's Website.
12. Seller - means "GO HARD" A LIMITED LIABILITY COMPANY with its registered office in Wrocław (51-169), ul. Rafała Wojaczka 19/60, NIP: 8992795419, REGON: 365094314, entered into the register of entrepreneurs maintained by the District Court for Wrocław-Fabryczna, 6th Commercial Division of the National Court Register under the KRS number 0000630513, with the share capital of PLN 5,000.00; e-mail: hello@ultraceofficial.com, which is also the owner of the Online Store.
13. Store Website - means the websites under which the Seller runs the Online Store, operating in the domain store.ultraceofficial.com.
14. Goods - means a product presented by the Seller via the Store Website, which may be the subject of a Sales Agreement.
Each item presented by the Seller is marked as new, ex-display, or used. In the case of used or ex-display items, the Seller will always inform the Customer of any visible signs of use.
15. Durable medium - means a material or tool enabling the Customer or Seller to store information addressed personally to him, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used and which allows the reproduction of the stored information in an unchanged form.
16. Sales Agreement - means a sales agreement concluded at a distance, on the terms specified in the Regulations, between the Customer and the Seller.

§ 2 General provisions and use of the Online Store

1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its internet domain, the Store Website, as well as to templates, forms, logos posted on the Store Website (with the exception of logos and photos presented on the Store Website for the purpose of presenting goods, to which copyrights belong to third parties) belong to the Seller, and they may be used only in the manner specified in and in accordance with the Regulations and with the Seller's consent expressed in writing.
2. The Seller will endeavor to ensure that the Online Store is accessible to Internet users using all popular web browsers, operating systems, device types, and internet connection types. The minimum technical requirements for using the Store Website are a web browser version of at least Internet Explorer 11 or Chrome 89 or FireFox 86 or Opera 53 or Safari 5 or newer, with Javascript enabled, accepting cookies, and an internet connection with a bandwidth of at least 256 kbit/s. The Store Website is optimized for a minimum screen resolution of 1024x768 pixels.
3. The Seller uses cookies, which are saved by the Seller's server on the hard drive of the Customer's end device when Customers use the Store Website. The use of cookies is intended to ensure the proper operation of the Store Website on Customers' end devices. This mechanism does not damage the Customer's end device and does not cause any configuration changes in the Customers' end devices or the software installed on these devices. Each Customer may disable cookies in their end device's web browser. The Seller points out that disabling cookies may, however, cause difficulties or prevent the use of the Store Website.
4. In order to place an order in the Online Store via the Store Website, the Customer must have an active e-mail account.
5. The Customer is prohibited from providing illegal content and from using the Online Store, the Store Website or free services provided by the Seller in a manner that is contrary to the law, good practice or infringes the personal rights of third parties.
6. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized access and modification of Customer data. Therefore, Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use antivirus software and identity protection programs for Internet users. The Seller will never ask the Customer to provide their Password in any form.
7. It is not permissible for the Customer to use the resources and functions of the Online Store for the purpose of conducting activities that would infringe the interests of the Seller, i.e. advertising activities of another entrepreneur or product; activities involving the posting of content unrelated to the Seller's activities; activities involving the posting of false or misleading content.

§ 3 Registration

1. In order to create a Customer Account, the Customer is obliged to complete a free Registration.
2. Registration is not necessary to place an order in the Online Store.
3. To register, the Customer must complete the registration form provided by the Seller on the Store's Website and submit the completed registration form electronically to the Seller by selecting the appropriate function on the registration form. During registration, the Customer sets an individual Password.
4. When filling out the registration form, the Customer has the opportunity to read the Regulations and accept their content by marking the appropriate box in the form.
5. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by checking the appropriate box on the registration form. In such a case, the Seller will clearly inform the Customer of the purpose of collecting their personal data, as well as any known or anticipated recipients of such data.
6. The Customer's consent to the processing of their personal data for marketing purposes does not condition the conclusion of an agreement with the Seller for the electronic provision of the Customer Account Management service. Consent may be withdrawn at any time by submitting an appropriate declaration to the Seller. The declaration may, for example, be sent to the Seller's address via email.
7. After submitting the completed registration form, the Customer will immediately receive confirmation of Registration from the Seller via email to the email address provided in the registration form. At this point, an agreement for the electronic provision of the Customer Account Management service is concluded, and the Customer will be able to access the Customer Account and make changes to the data provided during Registration.

§ 4 Orders

1. The information contained on the Store Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation for Customers to submit offers to conclude a Sales Agreement.
2. The Customer may place orders in the Online Store via the Store Website 7 days a week, 24 hours a day.
3. A Customer placing an order via the Store Website completes the order by selecting the Product(s) they are interested in. Products are added to the order by selecting the "ADD TO CART" button under the Product(s) presented on the Store Website. After completing the entire order and selecting the delivery and payment method in the "CART," the Customer places the order by sending the order form to the Seller and selecting the "Order with payment obligation" button on the Store Website. Before each order is sent to the Seller, the Customer is informed of the total price for the selected Product(s) and Delivery, as well as any additional costs they are obligated to incur in connection with the Sales Agreement.
4. Placing an order constitutes the Customer's submission to the Seller of an offer to conclude a Sales Agreement for the Goods that are the subject of the order.
5. After placing the order, the Seller sends confirmation of its submission to the e-mail address provided by the Customer.
6. Then, after confirming the order, the Seller sends information about the order being accepted for processing to the email address provided by the Customer. Information about the order being accepted for processing constitutes the Seller's declaration of acceptance of the offer referred to in §4 section 4 above, and upon its receipt by the Customer, a Sales Agreement is concluded.
7. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or placing an order.
8. When making payments for purchased Goods listed in Annex No. 15 to the Act of 11 March 2004 on tax on goods and services (consolidated text: Journal of Laws of 2018, item 2174, as amended), which are documented by an invoice in which the total amount due exceeds PLN 15,000 gross or the equivalent of this amount - taxpayers are obliged to use the split payment mechanism, in accordance with applicable regulations, if it applies to the Customer placing the order.

The invoice issued by the Seller referred to above should include the words: "split payment mechanism". The parties to such a transaction are required to have a settlement account referred to in Article 49, Section 1, Item 1 of the Act of 29 August 1997 - Banking Law, or a personal account at a cooperative savings and credit union opened in connection with the conducted business activity, kept in Polish currency.

§ 5 Payments

1. The prices on the Store Website displayed next to a given Product are gross prices and do not include information on Delivery costs and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when selecting the Delivery method and placing the order.
2. The Customer may choose the following payment methods for the ordered Goods:
a) by payment card (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro), bank transfer or BLIK via the external payment system Przelewy24, operated by PayPro SA with its registered office in Poznań (in this case, the execution of the order will be initiated after the Seller sends the Customer a confirmation of acceptance of the order and after the Seller receives information from the Przelewy24 system about the payment made by the Customer);
b) cash on delivery, payment to the Supplier upon Delivery (in this case, the execution of the order will be initiated after the Seller sends the Customer confirmation of acceptance of the order).
3. The Customer should pay for the order in the amount resulting from the concluded Sales Agreement within 72 hours if he has chosen the form of prepayment.
4. If the Customer fails to make payment within the time limit specified in the Terms and Conditions, the Seller will set an additional payment deadline for the Customer and inform the Customer of this on a Durable Medium. Information about the additional payment deadline also states that upon the unsuccessful expiration of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the unsuccessful expiration of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the contract on a Durable Medium pursuant to Article 491 of the Civil Code.

§ 6 Delivery

1. The Seller carries out Delivery worldwide.

If the delivery address for the Goods is a country outside the European Union, the total order value does not include any fees or taxes that may be imposed by the government of the country where the Customer resides or is located. The Customer may be required to pay, in particular, local fees or taxes in accordance with applicable local law.

2. The Seller is obliged to deliver the Goods that are the subject of the Sales Agreement free from defects.
3. The Seller shall post information on the Store Website about the number of Business Days required for Delivery and order fulfillment.
4. The delivery and order fulfillment deadline indicated on the Store Website is counted in Business Days in accordance with §5 section 2 of the Regulations.
5. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.

If InPost Sp. z o. o. with its registered office in Krakow is selected as the Supplier, the Delivery address will be the address of the parcel locker selected by the Customer when placing the order.

6. On the day the Goods are sent to the Customer, information confirming the shipment by the Seller is sent to the Customer's e-mail address.
7. The Customer is obligated to inspect the delivered shipment within the time and manner customary for that type of shipment. If any loss or damage is detected, the Customer has the right to request that an employee of the Supplier prepare an appropriate report.
8. The Seller will send a VAT invoice to the Customer's email address provided on the order form, in the form of an electronic PDF file. To open the file, the Customer must have free software compatible with the PDF format. The Seller recommends Adobe Acrobat Reader, which can be downloaded free of charge at http://www.adobe.com

To receive a VAT invoice, the Customer may opt in to receive the invoice electronically at the time of purchase. This can be done by sending an email to the Seller at hello@ultraceofficial.com.

9. If the Customer is not present at the address provided by them when placing the order as the Delivery address, the Supplier's employee will leave a delivery notice or attempt to contact them by telephone to arrange a date when the Customer will be present. In the event that the Supplier returns the ordered Goods to the Online Store,

The Seller will contact the Customer by e-mail or telephone, re-agreeing with the Customer on the date and cost of Delivery.

§ 7 Warranty

1. The Seller guarantees Delivery of Goods free from physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
2. If the Goods have a defect, the Customer may:
a) submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with defect-free ones or removes the defect.

This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or if the Seller has failed to fulfill the obligation to replace the Goods with defect-free ones or to remove the defects. Instead of the Seller's proposed removal of the defect, the Customer may request replacement of the Goods with defect-free ones, or instead of replacement of the Goods, request removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive costs, the value of the defect-free Goods, the type and significance of the identified defect, and the inconvenience to which the Customer would be exposed under another method of satisfaction are also taken into account.

The Customer may not withdraw from the Sales Agreement if the defect is insignificant.

b) request the replacement of the defective Goods with defect-free ones or the removal of the defect. The Seller is obligated to replace the defective Goods with defect-free ones or remove the defect within a reasonable time without undue inconvenience to the Customer.

The Seller may refuse to satisfy the Customer's request if bringing the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the other possible method of bringing the Goods into compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.

3. A Customer who exercises warranty rights is obligated to deliver the defective item to the Seller's address. In the case of a Customer who is a Consumer or an Entrepreneur with Consumer rights, the Seller covers the delivery costs.
4. The Seller is liable under the warranty if a physical defect is discovered within two years of the Goods being delivered to the Customer. A claim for removal of the defect or replacement of the Goods with defect-free goods expires after one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration of price reduction due to the defect in the Goods. If the Customer requested replacement of the Goods with defect-free goods or removal of the defect, the period for withdrawal from the Sales Agreement or submission of a declaration of price reduction begins upon the ineffective expiry of the period for replacement of the Goods or removal of the defect.

In the case of Goods that were marked by the Seller as used, the Seller is liable under the warranty if a physical defect is found within one year of the delivery of the Goods to the Customer.

5. Any complaints related to the Goods or the performance of the Sales Agreement may be submitted by the Customer in writing to the Seller's address.
6. The Seller will respond to the complaint regarding the Goods or the complaint related to the performance of the Sales Agreement submitted by the Customer within 14 days from the date of the request containing the complaint.
7. The Customer may submit a complaint to the Seller regarding the use of free services provided electronically by the Seller. Complaints may be submitted electronically and sent to hello@ultraceofficial.com. The Customer should include a description of the problem in the complaint. The Seller will review the complaint and respond to the Customer promptly, but no later than within 14 days.
8. The Seller does not use out-of-court dispute resolution, referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.

§ 8 Warranty

1. Goods sold by the Seller may be covered by a warranty granted by the manufacturer of the Goods or the distributor.
2. In the case of Goods covered by a warranty, information regarding the existence and content of the warranty is always presented on the Store's Website.

§ 9 Withdrawal from the Sales Agreement

1. A Customer who is a Consumer and an Entrepreneur with Consumer rights who has concluded a Sales Agreement may withdraw from it within 30 days without giving any reason.
2. The period for withdrawal from the Sales Agreement begins from the moment the Consumer, the Entrepreneur with the rights of the Consumer or a third party indicated by them other than the carrier takes possession of the Goods.

A Consumer or an Entrepreneur with Consumer rights may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This declaration may be submitted, for example, in writing to the Seller's address: GO HARD Sp z o. o., ul. Śniadeckich 18/2, 51-604 Wrocław, Poland, or via email to the Seller's address: ultraceofficial.com. The declaration may be submitted using the form provided by the Seller on the Store's Website at: Withdrawal Form. To meet the deadline, it is sufficient to send the declaration before its expiry.

A Consumer or an Entrepreneur with Consumer Rights may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller using the form available on the website at: Electronic Withdrawal Form. To meet the deadline, it is sufficient to send the declaration before its expiry. The Seller will immediately confirm receipt of the form submitted via the website to the Consumer or the Entrepreneur with Consumer Rights.

3. In the event of withdrawal from the Sales Agreement, it is considered not to have been concluded.
4. If the Consumer or Entrepreneur with Consumer rights submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
5. The Seller is obligated to immediately, and no later than 14 days from the date of receipt of the Consumer's or Entrepreneur's declaration of withdrawal from the Sales Agreement, refund all payments made by the Consumer, including the cost of delivery of the Goods to the Consumer or Entrepreneur with Consumer rights. The Seller may withhold the refund of payments received from the Consumer or Entrepreneur with Consumer rights until the Goods are returned or the Consumer or Entrepreneur with Consumer rights provides proof of sending back the Goods, whichever occurs first.
6. If the Consumer or Entrepreneur with Consumer rights exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest standard method of Delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer or Entrepreneur with Consumer rights for the additional costs incurred by him.
7. The Consumer or Entrepreneur with Consumer rights is obligated to return the Goods to the Seller immediately, but no later than 14 days from the date on which they withdrew from the Sales Agreement. To meet this deadline, it is sufficient to return the Goods to the Seller's address before the expiry of this deadline.
8. In the event of withdrawal, the Customer who is a Consumer or an Entrepreneur with Consumer rights shall bear only the direct costs of return.
9. If, due to their nature, the Goods cannot be returned by regular mail, the Seller shall inform the Consumer and the Entrepreneur with the rights of the Consumer about the costs of returning the goods on the Store's Website.
10. The Consumer and the Entrepreneur with the rights of the Consumer are liable for any reduction in the value of the Goods resulting from their use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
11. The Seller shall refund the payment using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of refund that does not involve any costs for him.
12. The right to withdraw from the Sales Agreement does not apply to the Consumer and the Entrepreneur with the rights of the Consumer in relation to agreements in which the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery.

§ 10 Free services

1. The Seller provides free services to Customers electronically:
a) Newsletter;
b) Maintaining the Customer Account.

2. The services indicated in §10 section 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to select and change the type, form, time and method of granting access to selected services listed, about which it will inform Customers in a manner appropriate to the amendment of the Regulations.
4. The Newsletter service is available to any Customer who enters their email address using the registration form provided by the Seller on the Store's website. After submitting the completed registration form, the Customer will immediately receive an activation link via email to the email address provided in the registration form to confirm their subscription to the Newsletter. Upon activation of the link by the Customer, an agreement for the electronic provision of the Newsletter service is concluded.

During Registration, the Customer may additionally check the appropriate box in the registration form to subscribe to the Newsletter service.

5. The Newsletter service involves the Seller sending electronic messages to an email address containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who have subscribed.
6. Each Newsletter addressed to specific Customers contains in particular: information about the sender, a completed "subject" field specifying the content of the message, and information on the possibility and method of unsubscribing from the free Newsletter service.
7. The Customer may at any time resign from receiving the Newsletter by unsubscribing via the link provided in each e-mail sent as part of the Newsletter service or by deactivating the appropriate field in the Customer Account.
8. The Customer Account Management service is available after Registration on the terms described in the Regulations and consists of providing the Customer with a dedicated panel on the Store Website, enabling the Customer to modify the data provided during Registration, as well as to track the status of orders and the history of orders already completed.
9. A Customer who has registered may submit to the Seller a request to delete the Customer Account, and if the Seller submits a request to delete the Customer Account, it may be deleted within 14 days of submitting the request.
10. The Seller is entitled to block access to the Customer Account and free services if the Customer acts to the detriment of the Seller, i.e., advertises another entrepreneur or product; posts content unrelated to the Seller's business; posts false or misleading content, as well as if the Customer acts to the detriment of other Customers, violates legal provisions or the Terms and Conditions, and also when blocking access to the Customer Account and free services is justified by security reasons – in particular: if the Customer breaches the security of the Store Website or engages in other hacking activities. Blocking access to the Customer Account and free services for the above reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller will notify the Customer of blocking access to the Customer Account and free services electronically to the address provided by the Customer in the registration form.

§ 11 Personal data protection

1. The principles of Personal Data protection are set out in the Privacy Policy.

§ 12 Termination of the contract (does not apply to Sales Agreements)

1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the aforementioned contract and the provisions below.
2. The Customer who has registered terminates the contract for the provision of services electronically by sending an appropriate declaration of intent to the Seller, using any means of distance communication, enabling the Seller to become familiar with the Customer's declaration of intent.
3. The Seller terminates the contract for the provision of services electronically by sending an appropriate declaration of intent to the Customer to the e-mail address provided by the Customer during Registration.

§ 12 Final provisions

1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional damage and within the limits of the losses actually incurred by the Customer who is an Entrepreneur.
2. The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Store's Website.
3. In the event of a dispute arising under the Sales Agreement, the parties will endeavor to resolve the matter amicably. Polish law shall apply to all disputes arising under these Terms and Conditions.
4. The Seller informs the Customer who is a Consumer about the possibility of using out-of-court complaint and redress procedures. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to provide out-of-court dispute resolution. These entities may include, in particular, consumer ombudsmen or the Provincial Inspectorates of Trade Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection.

The Seller informs that a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/.

5. The Seller reserves the right to amend these Regulations. All orders accepted by the Seller for fulfillment before the date the new Regulations come into effect will be fulfilled based on the Regulations in force on the date the Customer places the order. Amendments to the Regulations come into effect within 7 days from the date they are published on the Store's Website. The Seller will inform the Customer 7 days prior to the entry into force of the new Regulations about the amendment to the Regulations by means of an electronic message containing a link to the amended Regulations. If the Customer does not accept the new Regulations, they are obligated to notify the Seller of this fact, which will result in the termination of the contract in accordance with the provisions of these Regulations.

§13 Regulations

1. Agreements with the Seller are concluded in Polish.
2. The Regulations enter into force on November 28, 2022.