Terms and Conditions

TERMS AND CONDITIONS OF THE SINYAPILATES.COM SERVICE

Service Provider Details:

BEPROFI GROUP limited liability company
ul. Majora Władysława Raginisa 5/8, 71-625 Szczecin (West Pomeranian Voivodeship, Poland)

• Register: District Court …, 13th Commercial Division, KRS 0001165246
• Tax ID: 851 332 81 41
• REGON: 541354199
• Email: info@test.sinyapilates.com
• Phone: +48 517 610 731
• Website: https://test.sinyapilates.com

The company operates:
* a) sale of in-person Pilates training courses and workshops – PFS ACADEMY LTD. ,
* b) sale of goods – Pilates equipment and accessories – BEPROFI GROUP.

I Definitions:

1. Business Days – days from Monday to Friday, excluding statutory public holidays;
2. Civil Code – the Act of 23 April 1964, Civil Code;
3. User Account – an individual User panel, accessible after prior registration, enabling the placement of orders for Goods without the need to enter User data each time, containing access to order and return history and status;
4. Service Provider/Seller – BEPROFI GROUP limited liability company
   with its registered office in Szczecin, ul. Majora Władysława Raginisa 5/8, 71 625 Szczecin (West Pomeranian Voivodeship, Poland), entered in the KRS register of entrepreneurs maintained by the District Court Szczecin-Centrum in Szczecin, 13th Commercial Division of the National Court Register, under KRS number 0001165246, Tax ID: 8513328141, REGON: 541354199, share capital PLN 5,000.00;
5. Service – an online store operated by the Service Provider on the website test.sinyapilates.com;
6. User/Customer – a natural person with full legal capacity, a legal person, or an organizational unit without legal personality to which specific provisions grant legal capacity, who uses the functionality of the Service;
7. Consumer – a User who is a consumer within the meaning of Article 221 of the Civil Code;
8. Entrepreneur with consumer rights – a natural person concluding a contract directly related to their business activity, when the content of that contract indicates that it does not have a professional character for that person, resulting in particular from the subject of their business activity, as disclosed under the provisions on the Central Register and Information on Business Activity;
9. Training – an in-person course or workshop organized at a specific location and date;
10. Goods – physical products in the form of Pilates equipment or accessories offered by the Seller through the Service for sale;
11. Agreement – an agreement for participation in Training or a sales agreement for Goods purchased by the User through the Service;
12. Consumer Rights Act – the Act of 30 May 2014 on consumer rights;
13. Act on the Provision of Electronic Services – the Act of 18 July 2002 on the provision of services by electronic means;
14. Order – a declaration of intent by the User, aimed directly at concluding an Agreement.

II General Provisions

1. These Terms and Conditions define the rules for using the Service and the functionalities available within it.
2. The Terms and Conditions define the rules for concluding Agreements through the Service, and also indicate the rights available to Users in relation to concluded Agreements.
3. The Terms and Conditions have been prepared taking into account the applicable provisions of the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services.
4. A condition for using the Service is acceptance of these Terms and Conditions and the Privacy Policy.
5. Information contained in the Service does not constitute an offer within the meaning of the Civil Code, but rather an invitation to conclude a sales agreement on the terms specified in the description of the Goods,
   within the meaning of Article 71 of the Civil Code.

III Registration and User Account

1. To register a User Account in the Service, you must complete the registration form provided by entering the required User personal data (first name, last name, email address).
2. Registration of a User Account is not required to browse Goods or place an Order for Goods by Users.
3. Registration of a User Account is free of charge.
4. Upon registration in the Service, an agreement for the provision of electronic services concerning the User Account is concluded between the Service Provider and the User. This agreement is concluded for an indefinite period.
5. Logging into the User Account is performed using the login and password set by the User during registration.
6. The Service Provider indicates that the public nature of the internet and the use of services provided electronically may involve risks of acquisition and modification of User data by unauthorized persons. Therefore, Users should employ appropriate technical measures to minimize the risks indicated above.
   In particular, they should use antivirus programs protecting the identity of internet users. The Service Provider never requests that the User disclose their password in any form.
7. The User may delete their User Account at any time.
8. The Service Provider may delete a User Account if the User violates the law, good practices, or the provisions of the Terms and Conditions.

IV Conclusion of Agreement for Participation in Training

1. An agreement for participation in Training is concluded upon successful crediting by the Seller of the full fee or the agreed deposit amount.
2. The Customer receives an email message at the indicated address confirming the reservation of a place
   in the Training for the User, along with organizational details (exact address, date, duration, list of required accessories).
3. The Seller reserves the right to change the Training date for important reasons (e.g., instructor illness, force majeure). In such cases, the Customer receives from the Seller a proposal to participate in the Training at a different date or to receive a full refund of the fee paid.
4. Training takes place if the appropriate number of participants, as previously indicated in the Training description, reserves participation. In the event of insufficient minimum number of participants, the Seller provides Customers with a full refund of the fee paid.
5. The Customer’s absence from Training for reasons attributable to them does not constitute grounds for a refund of costs, unless the description of the given Training states otherwise.
6. The Customer may transfer their place in the Training to another person indicated by them, after prior email notification made no later than 3 business days before the Training date.
7. The training organizer is PFS Academy LTD.

V Orders, Conclusion of Sales Agreement

1. To conclude a sales agreement, the User selects Goods by adding them to the cart.
2. After the User provides all necessary data, they will be presented with an Order summary containing information about the selected Goods, the total price for the selected Goods, and the chosen delivery method and its costs.
3. Placing an Order for Goods occurs upon sending the Order form for the Goods selected by the User to the Seller, which is done by the User by selecting the buy and pay option.
4. The sales agreement is concluded upon the Customer receiving an email with the content “Order accepted for processing,” constituting the Seller’s declaration of intent to accept the offer.
5. The Seller reserves the right to refuse to accept an offer to conclude a sales agreement submitted by the Customer and to refund the payment made, in the event of unavailability of Goods, pricing error, or unauthorized payment.
6. In the event that a given Good is available only upon prior order, contact with the Seller via the contact form available to the User by selecting the contact option visible in the description of the given Good is necessary to place an Order.

VI Prices and Payment Methods

1. All prices are quoted in Polish zloty (PLN) and include VAT.
2. Prices do not include delivery costs.
3. The Customer may make payment by bank transfer to the bank account indicated by the Seller or using electronic payment methods provided by Tpay, a payment service provider cooperating with the Seller.
4. The Seller issues a VAT invoice in electronic form (PDF). The User consents to the preparation and sending of an electronic invoice to the email address provided by them. The User may withdraw their consent.

VII Delivery of Goods

1. The Seller, in accordance with the Customer’s wishes, includes in the shipment that is the subject of Delivery a VAT invoice covering the delivered Goods.

VII Right of Withdrawal from Agreement

1. A Customer who is a Consumer or an Entrepreneur with consumer rights who has concluded a sales agreement for Goods may withdraw from it within 14 days without stating a reason.
2. The period indicated in Section 1 is calculated from the day the Goods are taken into possession by the Customer specified in Section 1, a third party indicated by them other than the carrier, or in the case of a sales agreement covering multiple Goods that are delivered separately, in batches, or
   in parts – from taking possession of the last Good, its batch, or part.
3. The Customer specified in Section 1, when withdrawing from the agreement, is obliged to submit to the Seller,
   within the period indicated in Section 1, a declaration of withdrawal from the agreement, which may be sent in written form (to the address: ul. Jagiellońska 85/4, 70-435 Szczecin) or electronically (to the email address: info@test.sinyapilates.com).
4. To meet the deadline indicated in Section 1, it is sufficient to send the declaration before its expiry.
5. The Company will send the Customer specified in Section 1 confirmation of receipt of the declaration of withdrawal from the agreement submitted electronically to the email address indicated by them.
6. The declaration of withdrawal from the agreement may be prepared using the template withdrawal form attached to these Terms and Conditions, available below.
7. In the event of withdrawal from the agreement, the agreement is deemed not to have been concluded.
8. After the Customer specified in Section 1 successfully submits a declaration of withdrawal from the agreement, the Parties to the agreement return the benefits received. The Seller immediately refunds to the Customer all payments received from them, including the costs of shipping the Goods to the Customer specified in Section 1, no later than within 14 days from the date of receipt of the declaration of withdrawal from the sales agreement.
9. The refund will be made using the same payment method used by the Customer specified in Section 1, unless they consent to a different method of refund that will not involve any costs on their part.
10. If the Customer specified in Section 1, exercising the right of withdrawal, chose a method of delivering the Goods other than the cheapest standard Delivery method offered by the Seller, the Seller is not obliged to refund the Customer for the additional costs incurred by them.
11. The Customer specified in Section 1 is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the day on which they withdrew from the sales agreement. To meet the deadline, it is sufficient to send the Goods back to the Seller’s address before the expiry of this period.
12. The returned Goods should be packaged appropriately to ensure the shipment is not damaged during transport.
13. The Seller may withhold the refund of payment until receipt of the Goods
    back or until the Customer specified in Section 1 provides proof of their return,
    depending on which event occurs first.
14. In the event of withdrawal from the agreement, the Customer specified in Section 1 bears only the direct costs of returning the Goods.
15. If the Customer specified in Section 1 chose a method of delivering the Goods other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Customer.
16. The Customer specified in Section 1 is liable for any diminished value of the goods resulting from handling them in a manner exceeding what is necessary to establish the nature, characteristics, and functioning of the goods.
17. The right of withdrawal from the agreement does not apply to the Customer specified in Section 1 in cases exhaustively listed in Article 38 of the Consumer Rights Act, in particular
    in relation to agreements:

1. in which the subject of performance is goods delivered in sealed packaging that cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
2. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery.

1. The Seller indicates that a Customer who is a Consumer or an Entrepreneur with consumer rights has the right to withdraw from the Agreement for participation in training within 14 days from the conclusion of the agreement, but no later than 7 business days before the commencement of the Training. After this period, withdrawal from the Agreement for participation in training is not possible.
2. In cases where the Customer specified in Section 17 concludes an Agreement for participation in training less than 7 business days before the Training commencement date, they do not have the right to withdraw from the agreement.

IX Complaints

1. The Seller is obliged to deliver Goods to the Customer without defects.
2. All complaints arising from violations of User rights, from the organization and quality of Training, as well as from the functioning of the Service, including the provision of electronic services, should be sent in written form (to the Seller’s address: ul. Jagiellońska 85/4, 70-435 Szczecin) or electronically (to the email address: reklamacje@test.sinyapilates.com).
3. Complaints related to the organization or quality of Training should be sent to the Seller
   within 7 days from the end of the Training.
4. The Seller is obliged to consider each complaint within 14 days of its receipt.
5. Customers who are Consumers or Entrepreneurs with consumer rights may use out-of-court methods of resolving disputes concerning complaint handling
   and pursuing claims, in particular through:

1. referring matters to Permanent Consumer Arbitration Courts operating at provincial inspectorates of the Trade Inspection (WIIH) and at their branch offices. Consumer arbitration courts resolve disputes between consumers
   and entrepreneurs if they arise from a concluded sales agreement or
   a service agreement. The consent of both parties to the dispute is necessary to consider the case. A list with address details of the Courts is available on the website www.uokik.gov.pl;
2. referring the matter to mediation at provincial inspectorates of the Trade Inspection.

1. Goods sold by the Seller may be covered by a warranty granted by the manufacturer of the Goods or the distributor.
2. Information regarding the granting of a warranty for a given Good by the manufacturer or distributor is available in each case in the description of the Good available in the Service.
3. In the case of Goods for which the manufacturer or distributor has granted a warranty, the Customer may complain about defects in the delivered goods by exercising rights arising
   from the granted warranty.
4. The terms and method of reporting and considering defects reported by the Customer are specified in the warranty granted by the manufacturer or distributor of the given goods.
5. The granted warranty does not exclude the possibility for the Customer to exercise rights related to the Seller’s liability to the Customer for the sold Goods, which are specified in applicable legal provisions, appropriate in the case of:

1. Goods purchased by a Consumer or an Entrepreneur with consumer rights, the principles of the Seller’s liability in the event of non-conformity of Goods with the sales Agreement are defined by the provisions of the Consumer Rights Act, in particular Articles 43a and following of the indicated act;
2. Goods purchased by a Customer other than a Consumer or an Entrepreneur with consumer rights, the principles of the Seller’s liability in the event of a defect in the Goods are defined by the provisions of the Civil Code, in particular Articles 556 and following of the indicated act.

X Complaint of Goods by a Consumer or Entrepreneur with Consumer Rights

1. The Seller is liable for non-conformity of Goods with the agreement existing at the time of their delivery and revealed within 2 years from that time.
2. If the Goods are not in conformity with the agreement, the Customer who is a Consumer or an Entrepreneur with consumer rights (Entitled Customer) may request their repair or replacement.
3. The Seller may:

a) replace the Goods when the Entitled Customer requests repair;

b) repair the Goods when the Entitled Customer requests replacement,

if bringing the goods into conformity with the agreement in the manner chosen by the Entitled Customer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the entrepreneur, they may refuse to bring the goods into conformity with the agreement.

1. The Seller performs repair or replacement within a reasonable time from the moment
   they were informed by the Entitled Customer about the non-conformity with the agreement, and without undue inconvenience to the Entitled Customer, taking into account the specifics of the goods and the purpose for which the Entitled Customer acquired them. The costs of repair or replacement, including in particular costs of postage, transport, labor, and materials, are borne by the Seller
2. The Entitled Customer makes the goods subject to repair or replacement available to the Seller; the Seller collects the goods from the Entitled Customer at their own cost.
3. If the Goods are not in conformity with the agreement, the Entitled Customer may make a declaration of price reduction or withdrawal from the agreement when:

a) the Seller refused to bring the Goods into conformity with the agreement in accordance with Sections 2 and 3 above;

b) the Seller did not bring the Goods into conformity with the sales Agreement in accordance with Section 4 above;

c) the non-conformity of the Goods with the agreement persists despite the Seller’s attempt to bring the Goods into conformity with the sales Agreement;

d) the non-conformity of the Goods with the sales Agreement is so significant that it justifies a price reduction or withdrawal from the sales Agreement without prior use of the remedies specified in Sections 2 and 3 above;

e) it is clear from the Seller’s statement or circumstances that they will not bring the Goods into conformity with the sales Agreement within a reasonable time or without undue inconvenience to the Entitled Customer.

1. The reduced price remains in such proportion to the price resulting from the sales Agreement as the value of the Goods not in conformity with the sales Agreement remains to the value of Goods in conformity
   with the sales Agreement.
2. The Seller refunds to the Entitled Customer the amounts due as a result of exercising the right of price reduction immediately, no later than within 14 days from the date of receipt of the Entitled Customer’s declaration of price reduction.
3. The Entitled Customer may not withdraw from the sales Agreement if the non-conformity of the goods with the sales Agreement is insignificant. It is presumed that the non-conformity of the Goods with the sales Agreement is significant.
4. If the non-conformity with the sales Agreement concerns only some of the Goods delivered under the agreement, the Entitled User may withdraw from the agreement only in relation to those Goods, as well as in relation to other Goods purchased together with the non-conforming Goods, if it cannot reasonably be expected that the Entitled User would agree to retain only the Goods conforming with the sales Agreement.
5. The Seller is not liable for non-conformity of the Goods with the sales Agreement if the Entitled Customer, no later than at the time of concluding the sales Agreement, was expressly informed that a specific characteristic of the Goods deviates from the requirements of conformity with the sales Agreement, and expressly and separately accepted the lack of a specific characteristic of the goods.

XI Liability and Training Safety

1. The Customer declares that their state of health allows them to participate in Pilates classes; in case of doubt, they will consult a doctor and inform the instructor of any contraindications.
2. The Customer undertakes to follow the instructor’s instructions and the facility regulations (indoor footwear, order, equipment disinfection).

XII Copyright

All training materials (scripts, photographs, recordings) are the intellectual property of the Service Provider or its licensors. The license is non-exclusive, non-transferable, and intended solely for the Customer’s personal use. Copying, sharing, or public reproduction without the written consent of the Service Provider is prohibited.

XIII Final Provisions

1. Any disputes arising between the Seller and a Customer who is a Consumer will be resolved by courts with jurisdiction in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
2. Any disputes arising between the Seller and a Customer who is not a consumer will be resolved by courts with jurisdiction based on the Seller’s registered office.
3. The principles of personal data protection are specified in the Privacy Policy located in the Service.
4. In matters not regulated in these Terms and Conditions, the provisions of the Polish Civil Code, the Consumer Rights Act, the Act on the Provision of Electronic Services, and other relevant provisions of Polish law shall apply.
5. The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for processing before the date of entry into force of the new Terms and Conditions are processed on the basis of the Terms and Conditions that were in force on the date the Customer placed the order. The amendment to the Terms and Conditions enters into force within 7 days from the date of publication in the Service. The Seller will inform the Customer 7 days before the entry into force of the new Terms and Conditions about the amendment to the Terms and Conditions by means of a message sent electronically containing a link to the text of the amended Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact, which results in termination of the agreement for the provision of electronic services.
6. These Terms and Conditions are effective from 30 June 2025