Last updated: December 22, 2021
1. General information on newsportsclub.com
1.1 These Terms and Conditions apply to all visitors and purchases from newsportsclub.com and Tobicum S.p.Z.o.o, Polish no. 936217 - hereinafter referred to as “NewSportsClub” – setting out also the terms and conditions of membership for the membership.
1.2 Your Account reflects the balance of Membership credits. A NewSportsClub credit can be spent at any time. The amount of credits you receive is equal to the membership top-up value, based on the EUR currency (1 EUR = 1 credit). A NewSportsClub credit expires after 30 days.
1.3 By accepting our Terms and Conditions, you will be automatically subscribed to SMS and email notifications regarding your orders, personal preferences and activities related to NewSportsClub. You can unsubscribe these notifications at any moment by accessing your "My account" page on NewSportsClub website or contacting our customer support.
1.4 NewSportsClub offers members the opportunity to participate in its membership rewards program. To become a NewSportsClub member, simply purchase any NewSportsClub product at member price on this Site or through an applicable Service and you will be automatically enrolled in the NewSportsClub membership program (including every 14 days, automatic purchase feature). As a NewSportsClub member, our experts will send you a customized product offer before every top-up. You will also receive emails, newsletters, special offers and other updates to maximize your shopping experience. As a value NewSportsClub member, you will enjoy the exclusive member-only pricing and dedicated promotions. You may cancel your NewSportsClub anytime by entering your account, writing an email or by calling one of our customer service representatives at stated phone number.
2. Cookies and personal data
2.2 A cookie is a text file, enabling the storing of information or accessing data already stored on the distributor’s computer, tablet, smartphone, terminal equipment and the like, for the purpose of obtaining data on the Customer. Data accumulated by means of cookies are used to analyse the Customer’s behaviour on the website and to give the Customer an optimum experience. Further, cookies are applied within marketing.
2.3 NewSportsClub accumulates necessary cookies, preferential cookies, operational and optimizing cookies as well as cookies on targeted advertising.
2.3.1 Necessary cookies are required for the operation of certain functions on the website.
2.3.2 Preferential cookies are accumulated to support settings made by the Customer, such as e.g. login settings.
2.3.3 Operational and optimizing cookies are collected for the purpose of adding customer feedback and for web analyses comprising the Customer’s behaviour, search processes on the website and the like, the purpose thereof being to optimize the website.
2.3.4 Cookies on targeted advertising are used to follow the Customer’s browsing habits and online activities. Such information is used to show individually customized contents.
2.4 If linking further on from NewSportsClub to a third party’s website, the third party’s website may also accumulate cookies. NewSportsClub recommends the Customer to make inquiries about any third party’s cookies policy.
3. Membership perks and pricing
3.1 Your Account reflects the balance of Membership credits. A NewSportsClub credit can be spent at any time. The amount of credits you receive is equal to the membership top-up value, based on the EUR currency (1 EUR = 1 credit). A NewSportsClub credit expires after 30 days.
3.2 Gift Cards function almost identically to membership credits. Gift Cards constitute prepaid promotional certificates that are provided to Members in connection with the Membership Program. They can be used by you to purchase any products or services provided on this Site. Gift Cards are freely transferable and can be broken and applied across multiple purchases on this Site or the NewSportsClub Services.
3.3 Gift Cards expire 3 days after its acquisition date. However, if the Customer cancels the membership during your initial period, the gift card will be inaccessible on his/her account.
3.4 The Customer is responsible for ensuring that his/her account details are correct and updated at any time.
3.5 The recurring (every 14 days) member top-up price is €17.00 for STARTER, €22.00 for BASIC, €34.00 for PRIME, €44.75 for GOLD, including VAT, to be drawn on the Customer’s selected payment method every 14 days, all dependent on the Customer’s choice of package. NewSportsClub sometimes offer special welcome offers, where the introductory period usually be between 3 and 30 days. Your recurring membership price can be downgraded to a lower pricing model as an automatic service after sign up. If this change occurs your receipts will reflect the new membership price.
3.6 If the Customer wishes to terminate his/her membership, he/she may do so with immediate effect. Termination must be notified in writing to the email address statied in clause 10 or by means of the Customer’s account under “My account” / “My membership”. Use the function “Termination of membership”. Credits are non-refundable and a cancelation fee of 6.95 EUR will be charged immediately.
3.7 In case of termination, the Customer’s account will become inactive upon expiry of the period paid for, except in case of termination during the introductory period, in which case the Customer’s account will become immediately inactive. The Customer is not entitled to demand repayment of the membership price, in full or in part.
3.8 NewSportsClub offers members the opportunity to participate in its membership rewards program. To become a NewSportsClub member, simply purchase any NewSportsClub product at member price on this Site or through an applicable Service and you will be automatically enrolled in the NewSportsClub membership program (including every 14 days, automatic purchase feature). As a NewSportsClub member, our experts will send you a customized product offer before every top-up. You will also receive emails, newsletters, special offers and other updates to maximize your shopping experience. As a value NewSportsClub member, you will enjoy the exclusive member-only pricing and dedicated promotions. You may cancel your NewSportsClub anytime by entering your account, writing an email or by calling one of our customer service representatives at stated phone number.
4. Prices, payment and order confirmation
4.1 The prices for the products are those specified on the website on the date of the order and are inclusive of VAT, taxes, dues and fees, but exclusive of transport costs.
4.2 The prices and descriptions of products are subject to typographic errors on the part of NewSportsClub.
4.3 The Customer may pay by VISA or MasterCard.
4.4 When payment has been effected, the Customer will within a reasonable time receive a written confirmation of the purchase by email, including these Terms and Conditions as an integrated part.
4.5 The amount will not be withdrawn from the Customer’s credit card, until the order has been dispatched from NewSportsClub’s place of business.
5. Cancellation right
5.1 The Customer is entitled to regret his/her purchase under section 18(1) of the European Act on Consumer Contracts. If the Customer wishes to exercise his/her cancellation right, the Customer must give notice thereof to NewSportsClub within 14 days upon receipt of the product.
5.2 You can always cancel your current membership, there is no binding period. Termination can occur through the "My account" area on NewSportsClub. Please be aware if you do not unsubscribe your NewSportsClub membership membership before the end of an eventual introductory period, then your introductory membership will automatically turn into a membership at the normal price.
5.3 The product must be returned to the address specified in clause 10 no later than 14 days after the date, when the Customer has given notice to NewSportsClub of the Customer’s wish to exercise the cancellation right.
5.4 The direct expenses incurred in connection with returning the product are payable by the Customer – this applies also in case the Customer fails to collect the product in due time. The Customer carries the risk in case of accidental loss of or damage to the product during return thereof.
5.5 The Customer is not permitted to return the product COD or by means of a parcels office. Returned products must be sent to the address stated in clause 13. The product must specify the sender’s name and address and be marked “return” if the return of the product is due to the exercise of the cancellation right, or be marked “replacement” if a replacement of the product is requested.
5.6 The Customer is liable for any diminution in the value of the product if the commencement of use thereof exceeds any handling required for determining the nature and features of the product and in the course of testing the product. The cancellation right hereunder remains in force, provided, however, that NewSportsClub is entitled to sett of any such diminution in value in the refund amount.
5.7 The purchase price will be repaid to the Customer’s account no later than 14 days after the date when the Customer has given notice of his/her regret about the purchase. However, NewSportsClub reserves the right withhold the purchase price for the products, until these have been returned and received, or until the Customer has produced proper documentation for return thereof.
6.1 The time of delivery is stated under the individual products on the website. If not otherwise stated, the time of delivery will be approx. 2-5 working days.
6.2 All products are sent by an acknowledged carrier for delivery at the address indicated in the order.
6.3 Delivery of the product is considered effected, when the product has come into possession of the Customer.
6.4 In case of a missing package or product, the Customer is responsible for contacting NewSportsClub's Customer Support within 30 days from the purchase.
6.5 Tobicum S.p.Z.o.o have the right to subcontract third party suppliers to provide the transportation services required hereunder to other carriers, provided any such carrier shall be reasonably acceptable to the shipper and qualified to perform the required transportation services. All subcontractors appointed by the carrier shall be subject to the terms and conditions set forth herein. In no event shall carrier subcontract any of its transportation logistics services, including its services as a transportation services broker.
6.6 In case of any returns of products please review please refer to the return policy.
7.1 Tobicum S.p.Z.o.o requires existing framework agreements with one or more companies with which Tobicum S.p.Z.o.o cooperates to deliver services (hereinafter: Contractual Companies).
7.2 Tobicum S.p.Z.o.o maintains existing framework agreements with one or more transport companies with which Tobicum S.p.Z.o.o cooperates (hereinafter: Contractual Companies).
7.3 Tobicum S.p.Z.o.o commissions the transport company selected according to clause 6.5 of these Terms and Conditions.
8.1 Returns can be done on items that are in original condition and unopened, within 14 days of receiving your order. Due to hygiene reasons, we do not accept returns on any opened products (unless your item arrived damaged or is deemed faulty). Any product you return must be in the same condition you received it in and unopened. Returned items must not be used, opened or damaged after delivery. All items will be reviewed individually upon return.
8.2 If your return is accepted, we will refund the price you paid for your item back to your original payment method. If we receive wrong items, broken or used, the refund won’t be applicable. The items you wish to return are your responsibility until we receive them. It’s a good idea to get insurance for the value of the items you are returning, and obtain proof of postage. We are not responsible for any items that are returned to us by mistake. The Customer is obliged to provide the Company and the carriers with all information required to complete the customs formalities and to provide the necessary documents.
8.3 The Customer must inspect the Goods on delivery and notify the Company within (24 to 72 hours) of delivery of any alleged defects, shortage in quantity or damage. If the customer fails to comply with these provisions, the Goods shall be deemed conclusively to be in accordance with the Contract and free from any defect or damage which would be apparent on a reasonable examination of them.
8.4 Where a defect would not have been apparent on a reasonable examination, the customer notifies the Company as soon as reasonably possible when the defect becomes apparent or within 24 to 72 hours of delivery whichever is earlier; and the customer provides all information and assistance required by the Company to investigate any suspected defect and, if required, permits the Company to inspect the Goods concerned at any premises where the same are located.
8.5 Further details of the Company’s returns policy will be communicated to the customer on a regular basis.
9.1 NewSportsClub Customers are entitled to a refund within 14 days from the day of purchase. If the purchase is a membership service with a recurring charge, then the users have the right to cancel the service and all future charges by following the instructions given in the message sent after the purchase. Please note that, the Refund amount in some cases may differ from the paid amount due to currency exchanges and third-party fees, and we shall not be responsible for the differences caused by such rates or fees. To the extent permitted by law, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for Services or credits or goods has been received and enjoyed, we reserve our right to reject Customer’s Refund request. Refunds can be claimed by using the Support line or email address. Refund depends on case to case.
10. Security and personal data
10.1 Protection of the Customer’s privacy is important to NewSportsClub. Consequently, our payment solution is based on the SSL standard, meaning that the information submitted by the Customer in connection with his/her payment is protected by means of encryption. The SSL standard is a widespread form of encryption in e-trade and is therefore considered a very secure solution.
10.2 The completion of a purchase from NewSportsClub requires the submission of personal information in order for NewSportsClub to deliver the product to the Customer. You can find more about NewSportsClub’s personal data policy on the following link https://newsportsclub.com/privacy-policy
10.3 NewSportsClub limits the creation of Customer's accounts by one per person and two per address or IP. NewSportsClub reserves the right to monitor any attempt to establish multiple accounts. In case of duplicated accounts, NewSportsClub reserves the right to act on it without notice nor limitations. Continued violation will result in the termination of all the Customer accounts involved.
11. Right to claim compensation for defective products
11.1 If alleged defects of the goods become apparent after the notification period stated by the company in the Article 8.3, but no longer than two years maximum period of time stated according to the European consumer law, the customer has the right to claim the guarantee for the defective products.
11.2 If the Customer wishes to invoke a defect, the Customer must give due written notice to NewSportsClub within a reasonable time upon the Customer’s establishment of any such defect.
11.3 Notwithstanding the remedies for defective performance provided by the European Sale of Goods Act, NewSportsClub reserves the right to remedy defects, including the right to replace.
11.4 Reasonable transport costs hereunder may be payable by NewSportsClub. The products must specify the sender’s name and address and be marked “complaint”.
11.5 Any notice of defect must be sent to the contact information stated in clause 10 within 48h upon delivery.
12. Exclusion of liability
12.1 NewSportsClub is excluded from liability in case of changes in duties and prices, shortage in the availability of products, errors in proof, technical defects and force majeure, e.g. industrial conflicts with sub suppliers, defective deliveries and products, or sub suppliers who fail to deliver or cause delay in delivery. Likewise, NewSportsClub is not liable for any failure in the receipt of emails in connection with purchases or requests for or termination of membership. It is the Customer’s responsibility to ensure that an email does not end in the junk email box or similar places.
13. Fraudulent/Abusive Activity:
13.1 If we suspect that fraudulent or abusive activity has taken place within your Account, to protect you, you understand that we may temporarily freeze your NewSportsClub Account to prevent any further or continuing unauthorized activity.
13.2 If you have placed an order and we suspect that fraudulent or abusive activity has taken place within your Account, your order may be canceled immediately.
13.3 If you suspect fraudulent or abusive activity at your NewSportsClub account, you agree to notify our Customer Service immediately in order that we can investigate the issue and attempt to resolve it.
13.4 NewSportsClub agrees that transactions found to be associated with suspicious activity will be refunded back to the original payment method, subject always to the terms of this Agreement.
13.5 NewSportsClub may render its Members ineligible to receive services at NewSportsClub's sole discretion subject always to the terms of this Agreement.
14. Contact details
Polish Reg. no. 936217
Email: [email protected]
Terms and conditions of this agreement may be amended by the Newsportsclub.com without prior notice to the user. Newsportsclub.com reserves the right to any grammatical or spelling errors in the agreement.
Applicable law and jurisdiction
These Terms and Conditions are governed by the laws of Poland and will be interpreted in accordance with the Polish courts. The Polish courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.