Last updated: February 2, 2023
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 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.com. You can unsubscribe from these notifications at any time by accessing from "My Account" area of the newsportsclub.com user account or by contacting our customer support.
1.3 NewSportsClub offers members the opportunity to participate in a membership program. You can become a newsportsclub.com member, by purchasing any newsportsclub.com product at the selected member price on the Site or through an applicable Service such as external offers and promotions or immediate purchase access on our site. With the acceptance of these terms, You will be automatically enrolled in the newsportsclub.com membership program (including the feature of automatic debit every 14 days). As a newsportsclub.com 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 valued newsportsclub.com member, you will enjoy exclusive member-only pricing and dedicated promotions. You may cancel your membership on newsportsclub.com at any time by accessing your account, writing an email, or calling us.
1.4 By subscribing to our newsletters and notifications, You agree to receive recurring SMS/text messages to the phone number registered when you sign up for the services or any other phone number in connection with your membership. Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with newsportsclub.com. Your participation in this program is completely voluntary.
1.5 We do not charge for the SMS/text Service, but you are responsible for all charges and fees associated with text messaging imposed by your provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your provider for more information. You are solely responsible for all charges related to SMS/text messages, including charges from your provider.
1.6 You may opt out of the SMS/text Service at any time. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
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 analyze 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 content.
2.4 If linking further on from newsportsclub.com to a third party’s website, the third party’s website may also accumulate cookies. NewSportsClub recommends the Customer make inquiries about any third party’s cookies policy.
3. Memberships pricing and benefits
3.1 Your Account reflects the balance of Membership credits. The amount of credits you receive is equal to the membership top-up value, based on the EUR currency (1 EUR equal to 1 credit). A newsportsclub.com credit expires after 30 days.
3.2 Charges related to the Membership services will be automatically debited to the registered payment method every 14 days, and we will send you a notification for your records.
3.3 The Customer is responsible for ensuring that his/her account details are correct and updated at any time.
3.4 The membership plans offered on this site are the following: €17.00 for STARTER, €22.00 for BASIC, €34.00 for PRIME, €44.75 for GOLD, €64.75 for VIP, including VAT.
3.5 Charges for the membership will be debited from the Customer’s registered payment method (every 14 days), and the deducted amount will depend on the type of plan selected by the user. The membership price may be downgraded to a lower pricing plan as an automatic service after signing up. If this change occurs your receipts will reflect the new membership price.
3.6 NewSportsClub sometimes gives special welcome offers, where the introductory period is between 3 and 30 days.
3.7 If the Customer wishes to cancel the membership, he/she may do so with immediate effect by notifying in
writing to the email address stated
in clause 15 or by accessing the account, under “My Account”, “Cancel membership”, Using the function
“Cancel”, and the request will be processed with immediate effect.
After submission of a cancellation request, the customer will have available the following two options:
- Cancel the membership service without incurring extra fees, by keeping the current membership plan
active for a period of thirty (30) days
starting the date of the request of cancellation, or
- Cancel the membership service immediately by paying a fee of 6.95 EUR.
3.8 Unspent purchased credits are not refundable. Including credits acquired by the automatic feature every 14 days.
3.9 Membership with a limited offer period will be converted into full membership upon completion of the term, and automatic charges will apply at the stipulated price. To avoid automatic charges at the full-price, the membership must be cancelled before the end of the limited period.
3.10 In event of membership cancellation, the Customer’s benefits will become inactive at the expiration of the paid period, also applicable to the memberships cancelled during the initial period.
4. Gift cards and promotions
4.1 You may obtain Gift Cards or promotional offers from us or a third party to be applied on this site.
4.2 Gift Cards constitute prepaid promotional certificates that are provided to registered Members of the Program, and can be used to purchase any products or services provided on this Site.
4.3 Gift Cards balance can be applied across one or multiple purchases until the balance on the gift card is depleted or the expiration date has ended.
4.4 Gift Cards expire within 3 days from the acquisition date. Gift cards will be inaccessible on the customer's account if the membership plan is cancelled during the initial period.
5. Prices, payment, and order confirmation
5.1 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.
5.2 The prices specified for each product may vary depending on the Customer's membership status on this site.
5.3 The European price guarantee offered on newsportsclub.com is associated with the prices for first purchases as a member. The European markets to be taken into consideration are the 27 member states of the European Union, together with Iceland, Norway, Switzerland, and the United Kingdom. The European price guarantee does not take into consideration external prices resulting from temporary offers, promotions, or campaigns. In order to be entitled to compensation for the price difference, the Customer needs to document the difference by the time of the purchase or the following days, as well as report the price difference to our Customer Support within 7 days upon the purchase. In order to prove the price difference, our Customer Support should be able to access the external price through a valid online link.
5.4 The prices and descriptions of products are subject to typographic errors on the part of newsportsclub.com.
5.5 Orders for products described as license keys are limited to the purchase of one (1) activation key per user account.
5.6 Digital products including but not limited to digital keys may require an activation that must be completed by following the instructions provided in the order confirmation notification sent to the email address registered in the user account. If you do not receive activation instructions by email, you may need to contact customer service for assistance.
5.7 Digital products are available immediately after the activation is completed and no returns or refunds are allowed for these types of products.
5.8 NewSportsClub, in its sole discretion, will establish the available stock for the products based on availability and may vary as it deems appropriate.
5.9 The accepted payment methods are VISA, MasterCard, or Direct Debit.
5.10 Once the payment has been effected, the amount is withdrawn from the Customer's payment method, and the Customer will receive written confirmation of the purchase by email within a reasonable time, including these Terms and Conditions as an integral part.
5.11 NewSportsClub will only issue receipts once the purchase has been completed and will contain the information registered by the customer on the newsportsclub.com account.
6. Cancellation right
6.1 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.com within 14 days upon receipt of the product.
6.2 The Customers can always cancel their current membership, there is no binding period. Cancellation can be requested via the self-service area on newsportsclub.com or by contacting customer support.
6.3 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, newsportsclub.com is entitled to set off any such diminution in value against the refund amount.
6.4 The purchase price shall be refunded to the Customer’s payment method no later than 14 days after the date when the Customer has given notice of the withdrawal of the purchase. However, newsportsclub.com reserves the right to withhold the purchase price refund of the products until the products have been returned and received, or until the Customer has submitted the appropriate documentation for their return.
6.5 Once the order has been dispatched, newsportsclub.com reserves the right to refuse a request for cancellation. Notwithstanding, If the customer still wishes to cancel the order, the customer shall refuse the shipment at the delivery stage.
6.6 The Customer accessing digital content including but not limited to digital keys with immediate access acknowledged that in doing so, they would lose their right of withdrawal.
6.7 NewSportsClub reserves the right to cancel orders for activation of digital products if we notice any activity that we consider abusive, fraudulent, or in violation of these Terms.
7.1 The time of delivery is stated under the individual products on the website. If not otherwise stated, the time of delivery will be approx. 2-7 working days.
7.2 All products are sent by an acknowledged carrier for delivery at the address indicated in the order.
7.3 Delivery of the product is considered effected when the product has come into possession of the Customer.
7.4 In case of a package is undelivered, the Customer is responsible for contacting newsportsclub.com Customer Support within 30 days from the purchase date.
7.5 In case of a missing, damaged or incorrect product, the Customer is responsible for contacting newsportsclub.com Customer Support within 24 to 72 hours after receiving it as indicated in clauses 8.2 and 8.3.
7.6 Tobicum S.p.Z.o.o has 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 the carrier subcontract any of its transportation logistics services, including its services as a transportation services broker.
7.7 The direct expenses incurred in connection in case the Customer fails to collect the product in due time are payable by the customer. The Customer carries the risk in case of accidental loss of or damage to the product during return thereof.
7.8 In case of non-delivery of digital products due to some mailing issues of your e-mail provider or your own mail server, we recommend contacting us for assistance as you might not receive a delivery e-mail from us.
7.9 Our Digital products are thoroughly tested before release, but unexpected errors may occur. We reserve the right to rectify the error or defect within 72 hours. If any deficiency is approved and we fail to correct it within 72 hours from the date of the initial complaint letter or any other notification provided by a Customer to our customer support team, the refund will be issued at our sole discretion to the customer in full without any extra compensation or reimbursements, or at the customer’s choice, replacement of the product of the same value can be offered; Please be advised that temporary access to your web host/server can be requested by our technicians in order to identify and fix the possible issues with our products. Failure to provide such access in a timely manner may result in a delayed resolution of the issue. Refusal to provide access to your server will result in your inability to qualify for a refund.
7.10 In case of any returns of products please review please refer to the return policy.
8.1 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).
8.2 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).
8.3 Tobicum S.p.Z.o.o commissions the transport company selected according to clause 6.6 of these Terms and Conditions.
8.4 Tobicum S.p.Z.o.o is a direct seller and does not provide additional services to third parties in case of resale.
9.1 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 through our email [email protected]
9.2 The Customer must inspect the Goods on received and submit a claim within (24 to 72 hours) from the delivery in order to investigate the case. The customer must inform of any alleged defects, shortage in quantity or damage, including but not limited to products with visible functionality, casing or packaging damage, wrong product, or missing product.
9.3 In order for the complaint to be deemed valid the customer has to provide a photograph indicating the missing piece(s) on the image of the product; a Photograph of the opened box, where the protective seal can be seen; a Photograph of the label attached from the courier; a Photograph of the visible damage or mistaken product; Image of the list of products with stamps; image of the EAN code; A video is also accepted in these cases, as long as all the previous required information is clearly captured and easy to view. 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.
9.4 Where a defect would not have been apparent on a reasonable examination under clause 8.2, the customer shall notify newsportsclub.com as soon as reasonably possible when the defect becomes apparent; and the customer shall provide all information and assistance required by newsportsclub.com to investigate any suspected defect and, if required, permits newsportsclub.com to inspect the Goods concerned at any premises where the same are located.
9.5 The Customer is not permitted to return the product COD or by means of a parcels office. When a return of a product is been made by a customer with a Non-Member account additional transport costs may apply. If the return of the product is been made by a customer enrolled in the members club, the transport cost will be covered by newsportsclub.com. In any case, the products must specify the sender’s name, and address and be marked “complaint”. Products shall be marked “return” if the return of the product is due to the exercise of the cancellation right.
9.6 At the time of delivery of the package, please check the package carefully. In case you notice that there have been signs of damage or manipulation of the box make sure the carrier notes the damage on the delivery note and refuses the package and contacts us.
9.7 In case of returns requests for digital products please refer to clause 5.6 of these terms.
9.8 Further details of the Company’s returns policy may be communicated to the customer on a regular basis.
10.1 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. 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 that have been received and enjoyed, we reserve our right to reject Customer’s Refund request.
10.2 Refunds can be claimed by using our email address [email protected] Refund depends on case to case. Please note, the Refunded amounts 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.
10.3 If a refund claim has been assessed by us as due for Customers that have used newsportsclub.com credits as a Payment Method, the refund will be processed as credits to the same account.
10.4 If a refund claim has been assessed by us as due for Customers that have used a mixed Payment, including newsportsclub.com credits and debit/credit card or direct debit, the refund will be processed corresponding to the equivalent of the portion paid from each payment method selected.
10.5 If a refund claim has been assessed by us as due for Customers that have selected Direct Debit as a Payment Method, the refund will be processed to the selected bank account, Ten (10) business days after the payment has been confirmed by the issuing bank.
10.6 If a refund claim has been assessed by us as due for Customers that have used credit/debit cards as a Payment Method, it will be processed and credited back to the original payment method selected.
10.7 Refunds request coming from orders rejected by the customers at the delivery stage as stated in clause 5.5, will be issued once the order has reached the logistics warehouse of origin and has passed the quality inspection.
10.8 When the shipment has not been successfully delivered to the customer for any logistical reasons caused by newsportsclub.com, the customer shall submit a claim to newsportsclub.com and after evaluating the request shall process the refund to the original payment method if the claim has been assessed by us as due.
10.9 Purchased digital product sales are final and non-refundable.
11. Security and personal data
11.1 Protection of the Customer’s privacy is important to newsportsclub.com. 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.
11.2 The completion of a purchase from newsportsclub.com requires the submission of personal information in order for newsportsclub.com to deliver the product to the Customer. You can find more about newsportsclub.com’s personal data policy on the following link https://newsportsclub.com/privacy-policy
11.3 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.com reserves the right to act on it without notice nor limitations. Continued violation will result in the termination of all the Customer accounts involved.
12. Right to claim compensation for defective products
12.1 The Customer has two years right to claim compensation for defective and non-conforming products after the products have been delivered in accordance with Directive 85/374/EEC.
12.2 If the Customer wishes to invoke a defect, it must notify newsportsclub.com in writing within a reasonable time after the Customer has become aware of the defect.
12.3 Notwithstanding the remedies for defective products in accordance with Directive 85/374/EEC. NewSportsClub reserves the right to remedy defects, including the right to repair and replace products.
12.4 Any notice of defect must be notified by contacting [email protected]
13. Exclusion of liability
13.1 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.com 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.
14. Fraudulent/Abusive Activity:
14.1 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.com Account to prevent any further or continuing unauthorized activity.
14.2 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.
14.3 If you suspect fraudulent or abusive activity at your newsportsclub.com account, you agree to notify our Customer Service immediately in order that we can investigate the issue and attempt to resolve it.
14.4 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.
14.5 NewSportsClub may render its Members ineligible to receive services at newsportsclub.com's sole discretion subject always to the terms of this Agreement.
15. 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 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.