Terms of Purchases Made via the startlist.pl Website

These Terms and Conditions set out the rules for purchases made via the startlist.pl website

§1 Definitions

Whenever these Terms and Conditions refer to:

1. Supplier – shall mean the company LABOSPORT Polska sp. z o.o. (NIP: 5783116536 REGON: 360937446 KRS: 0000543585), with its registered address at: ul. Browarna 86-87, 82-300 Elbląg;
2. User Account – shall mean the functionality of the Website that allows the use of the Services;
3. Terms and Conditions – shall mean these Terms of Purchases made via the startlist.pl website;
4. Website – shall mean the website available at startlist.pl;
5. Services – shall mean the ability to use the functionalities offered from time to time by the Website, including in particular the ability to enter into licence agreements for photographs from Events, purchase dedicated merchandise related to an Event (e.g. personalised sportswear and sports equipment dedicated to the Event) and books, and place orders for the preparation of training plans;
6. User – shall mean an entity that uses the Website, holds a User Account within it, and has accepted these Terms and Conditions;
7. Event – shall mean a sporting, artistic, mass, integration or other event for which the organizer enables entries to be submitted via the Website.

§2 General Provisions

1. These Terms and Conditions set out the rules for using the Services.
2. Within the Website, the User may, among other things, purchase a licence to use photographs taken during Events, purchase dedicated merchandise, clothing and sports equipment related to an Event, and books. In addition, the Website enables the User to establish contact with the Supplier in order to agree detailed rules of cooperation regarding the preparation of individual training plans or the organization of other events (services provided in this way are not subject to the provisions of these Terms and Conditions).

§3 Supplier Details

1. Supplier's e-mail address: [email protected]
2. Administrator's postal address: LABOSPORT Polska sp. z o.o., ul. Browarna 86-87, 82-300 Elbląg.
3. Supplier's telephone number: +48 793 794 552, e-mail address: [email protected].
4. Contact with the Supplier may be made using the details indicated above; however, we recommend contact via e-mail or the contact form made available on the Website, as these are the means that ensure the shortest waiting time for a message to reach the Supplier.

§4 Entering into Agreements

1. Via the Website, the User has the option of selecting the photograph for which they wish to purchase a licence.
2. In order to purchase a licence for a photograph or another benefit offered on the Website, it is necessary to add the photograph to the cart or tick the relevant check box, accept the provisions of these Terms and Conditions, and pay the price.
3. The price indicated next to the photograph is the gross price that the User is obliged to pay for the benefit being purchased. The User is obliged to pay the price in advance, before downloading the photograph or receiving the benefit.
4. In respect of the purchase of a licence or another benefit, the User is not obliged to pay any consideration other than the price referred to in paragraph 3 of this section. The licence acquired by the User is non-exclusive, granted for an indefinite period, and for the territory of the Republic of Poland. The Supplier represents that it holds, on each occasion, the copyright entitlements necessary to enter into licence agreements with the User as referred to in these Terms and Conditions.
5. The User undertakes to use the photographs that are the subject of each licence agreement entered into in a lawful manner, in particular in a manner that does not infringe the personal rights or the right to the image of persons depicted in the photographs.
6. Upon completion of the actions referred to in point 2 of this section, the User acquires a licence to use the selected photograph and may download the graphic file from the Website. The file is made available by clicking a button on the Website. Clicking the “download” button on the Website constitutes the User's expression of consent to download the file and results in the User losing the right to withdraw from the licence agreement entered into.
7. The licence referred to in point 4 entitles the User to reproduce the photograph in any quantity for personal use.
8. The licence referred to in point 4 does not entitle the User to use the photograph in any way in connection with conducted business or professional activity, including the promotion of any products or services.
9. Within the Website, the User may acquire only a licence to use a photograph. The acquisition of a licence by the User does not limit the Supplier's copyright to the photograph.
10. The User may pay the price for services available on the website via the PeP service. Payments are handled by PayLane sp. z o.o., with its registered office in Gdańsk at ul. Norwida 4, postal code: 80-280, KRS: 0000227278.
11. Other benefits purchased by the User via the Website, including merchandise, books, clothing and sports equipment related to an Event, are issued directly by the Supplier on the day and at the location of the Event.

§5 Information Concerning Withdrawal from Agreements and Complaints

1. Given that the subject of the licence which the User may acquire on the Website consists of photographs supplied in the form of electronic files (content) that the User may download before the expiry of the withdrawal period provided for by the Act of 30 May 2014 on Consumer Rights, of which the Supplier informs the User before the photograph is downloaded, the User is not entitled to withdraw from a licence agreement entered into via the Website.
2. The User is not entitled to withdraw from a sales agreement entered into via the Website, the subject of which is merchandise related to an Event (non-prefabricated, manufactured to the User's order or intended to satisfy their individualised needs: clothing or sports equipment related to the Event).
3. In the case of a sales agreement entered into via the Website concerning items other than those listed in paragraph 2 of this section, the User is entitled to withdraw from the agreement without giving a reason and without incurring any costs other than the direct costs of returning the item, within 14 days of the item being handed over. Together with the handover of the item, the Supplier provides the User with instructions on their right to withdraw and a withdrawal form. To meet the deadline, it is sufficient to send the declaration before its expiry. In the event of withdrawal from the agreement under the conditions set out in this paragraph, the agreement is deemed not to have been concluded.
4. A declaration of withdrawal from the agreement may be sent to the e-mail address indicated in § 3 of these Terms and Conditions or to the Supplier's address indicated therein. The User may use the withdrawal form template provided by the Supplier, although this is not obligatory.
5. The User may file complaints regarding the Services provided by the Administrator using the contact details specified in § 3 of these Terms and Conditions.
6. The Supplier will respond to a submitted complaint within 14 days of its receipt.
7. The Supplier is liable to the User if the service provided (downloaded photograph, purchased clothing or sports equipment) has a physical or legal defect. A User who is a consumer may exercise all rights under the statutory warranty (rękojmia) set out in the Civil Code.
8. The Supplier is not liable to a User who is an entrepreneur for defects in the service provided (the statutory warranty for defects is excluded in its entirety).
9. The Supplier's liability towards a User who is an entrepreneur for non-performance or improper performance of an agreement entered into via the Website, withdrawal from it, or any other damage caused by the Supplier, is limited to actual losses incurred (damnum emergens) and an amount equal to twice the price paid by the User for the benefit acquired.

§6 Personal Data

1. The controller of the personal data of Users provided in connection with the use of the Services is the Supplier.
2. The Administrator processes personal data for the purpose of providing the Services.
3. The User has the right to access their personal data and to request its correction.
4. The provision of personal data by the User while using the Services is voluntary but necessary in order to use them.

§7 Final Provisions

1. The licence agreement that the User may enter into via the Website is an agreement for an indefinite period.
2. The User may terminate the Agreement at any time by delivering a declaration of termination of the Agreement to the Supplier using the details indicated in § 3.
3. The Supplier undertakes not to terminate a licence agreement entered into with the User in accordance with the provisions of these Terms and Conditions, except in the event of the User breaching the conditions of use of the licence referred to in § 4. In the event of the User breaching those conditions, the Supplier may terminate the licence agreement with effect from the date on which the declaration is made to the User.