Epic Golf Terms of Service

§ 1. Subject of the Regulations

These Regulations define the rules for the provision of Services by Epic Golf, including:

i. rules for registration and service booking;

ii. rules for Epic Golf providing Services at Epic Golf facilities, in particular golf simulator rental services;

iii. Client's right to withdraw from the Agreement concluded with Epic Golf;

iv. rules for Epic Golf's liability for the provision of Services;

v. rules for submitting and handling complaints.

These Regulations also constitute the regulations for the provision of electronic services, required by the Act on the provision of electronic services.

§ 2. Definitions

Epic Golf – Fore Sport sp. z o.o., Aleja Wincentego Witosa 31/9 , 00-710 Warsaw, NIP 5213563994: e-mail: sklep@epicgolf.pl, tel.: 603729999;

Pass – a subscription entitling to repeated use of Services provided by Epic Golf

Client – a natural person with full legal capacity, as well as a legal person or an organizational unit without legal personality but with legal capacity, who enters into or intends to enter into an Agreement with Epic Golf;

Consumer – a Client who is a natural person entering into an Agreement for a purpose not directly related to their business or professional activity;

Product – means Vouchers and physical goods available for purchase in the Online Store;

Custom Product – a non-prefabricated Product, manufactured according to the Consumer's specifications or serving to meet their individualized needs (e.g., clothing or a product with individual print/embroidery, equipment configured to the Client's parameters)

Registration – the process of the Client creating an account on the Website, containing Client data, used for their identification on the Website and for making Bookings and concluding Agreements;

Regulations – these regulations;

Booking – booking a Service and its performance date, made via the Website;

Simulators – golf simulators, including Trackman, Foresight and PuttView;

Website – an internet service operated by Epic Golf, available at epicgolf.pl;

Online Store – a store operated by Epic Golf via the Website pages, where Products can be purchased remotely;

Agreement – an agreement for the provision of a Service (including the sale of a Product) concluded between the Client and Epic Golf;

Service – sale of goods (Products) via the Online Store, as well as services provided by Epic Golf, including in particular Epic Golf's golf simulator rental service, which may include additional services such as training and golf equipment fitting;

Consumer Rights Act – the Act of May 30, 2014, on consumer rights;

User – a natural person actually using the Service purchased by the Client (where the User may also be the Client themselves, if they are a natural person);

Voucher – a Product entitling to use a service offered by Epic Golf. Unless the Regulations provide for specific conditions regarding Vouchers, the provisions of the Regulations regarding Products apply to the rules of their purchase by the Client. For the purpose of interpreting the Regulations, the term "Voucher" shall also include "Passes";

Order – an order for a Product placed by the Client in the Online Store.

§ 3. Registration

Registration on the Website takes place by filling out the registration form available on the Website. After completing it, the Client will receive an email to the address provided in the form confirming Registration. The first login to the account is equivalent to its activation. In case of loss of login or password, the Client can use the recovery procedure by clicking on the appropriate fields available on the Website.
During Registration, the Client is obliged to provide true data.
The Client should keep their login and password confidential and protect them appropriately.
To the extent permitted by law, Epic Golf is not responsible for the consequences of the Client providing incorrect or incomplete data and for the consequences of a third party using the Client's login and password.
Registration is not required to browse the Website.
Only Clients who have previously registered can make Bookings and purchase Services (conclude an Agreement) via the Website.
To use the Website, including for Registration, Booking and concluding an Agreement, the Client needs an end device with internet access and a web browser (such as Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Safari, etc.). In addition, to register, book, and conclude an agreement via the Website, an active email account is required.

§ 4. General Principles

The information provided on the Website does not constitute an offer in the meaning of the civil code, but merely an invitation to conclude an Agreement.
Payment for the Service is possible using the electronic payment methods available on the Website, including in particular via the Przelewy24 service. The payment service is offered to the Client by Przelewy24, operated by DialCom24 based in Poznań. Before making a payment, the Client should familiarize themselves with and accept the Przelewy24 payment regulations.
Payment for the Service via electronic payment channels will be confirmed by Epic Golf by sending an email to the Client.
The prices of Services indicated on the Website include VAT.

Rules for purchasing Products via the Online Store

§ 5. Ordering Products; price

To place an Order, the Client should select a Product or Products. Optionally, the Client may indicate additional wishes during the Order placement, according to the options available on the Website, in particular a delivery address other than the Client's place of residence or registered office, a request for an invoice, etc.
When purchasing a Product, select its appropriate options, described on the Website, such as size, color, etc. In the case of Custom Products, the Client is obliged to provide the specification necessary to manufacture the product in accordance with the personalization options available on the Website. In the case of Vouchers or Passes, the type must be selected, depending on the type and scope of the service the Client wishes to purchase, and additional options, such as the days or hours of the week when the Service covered by the Voucher can be used, the number of minutes, the location of the Service, etc., may be selected.
The Order is placed when the Client clicks the "Order and Pay" button or another equivalent button.
The Agreement concluded between the Client and Epic Golf regarding the purchase of a Product is concluded for a definite period for the performance by the Parties of their obligations under the Agreement and is concluded at the moment Epic Golf submits the order for processing or shipment, of which the Client is informed by a separate email. The Agreement may be terminated in the manner and under the terms resulting from these Regulations, the civil code, and the Act. In the case of purchasing Vouchers or Passes, the agreement also expires upon the expiry of the Voucher or Pass validity period, without further claims by either Party. The validity period of the Voucher may be stated on the Website or on the Voucher.
The subject of the Product sales Agreement are Products whose main features are provided on the Website. Before placing an Order, the costs of Product delivery (in the case of physical Product delivery to the Client's place of residence or other place indicated by the Client) are also visible on the Website, and after the Client selects a delivery option, the Client is informed and accepts the final sum to be paid, which consists of the gross price for the Product, delivery cost, and any additional costs always indicated on the Website.

§ 6. Delivery; Product quality

The order fulfillment time for a physical Product (clothing, accessories, Vouchers and Passes in card form, etc.) is up to 5 business days (days from Monday to Friday, excluding public holidays). For Custom Products, this time may be extended, of which the Client is informed in the description of the given Product.
The Product is sent to the Client by courier service, to the address indicated by the Client in the Order.
The provisions of paragraphs 1 and 2 do not apply to Vouchers and Passes, if the Client chose the electronic delivery option (electronic Voucher and Pass). Electronic Vouchers are sent in electronic form to the email address indicated by the Client, immediately after the Order is paid for. Credits and minute packages can be used by the Client immediately after payment.
If, after placing the Order, it turns out that the Product is not available, Epic Golf will notify the Client via email and refund the funds paid by the Client. If some Products indicated in the Order are unavailable or if the Product can be delivered but within a longer period than indicated in paragraph 1, the Client may decide to cancel part or all of the Order.
Epic Golf provides for the possibility of shipping Products only to recipients within the territory of Poland. If you wish to order Products abroad, please contact Epic Golf. This limitation does not apply to products sold in electronic form.
In case of damage to the shipment, it is recommended to draw up a damage report, which will facilitate claiming any potential damages.
Epic Golf undertakes to deliver Products free from defects.
In case of physical defects of the Product:

i. if the Client is a Consumer – Epic Golf is liable to the Client under the rules resulting from the Regulations, the Civil Code and the Act. In particular, Epic Golf is liable to the Consumer under the warranty for defects, in accordance with the principles of the Civil Code;

ii. if the Client is not a Consumer, in the event of a Product defect, Epic Golf undertakes – at its discretion – to replace the Product with a defect-free one or to refund the price paid by the Client for the defective Product (withdrawal from the Agreement). In the remaining scope, Epic Golf's liability for physical defects of the Product, including in particular liability under the warranty, is excluded.

In the case of legal defects of the Product, the provisions of the Civil Code apply.

§ 7. Withdrawal from the contract

Subject to § 8 sections 4 – 7 of the Regulations, a Client who is a Consumer has the right to withdraw from the Product purchase Agreement concluded via the Online Store, without giving a reason and without incurring costs, with the exception of costs specified in Articles 33, 34 section 2 and 35 of the Act, within 14 days from the date of receiving the Products. To meet the deadline, it is sufficient to send a declaration of withdrawal from the agreement before its expiry.
The declaration of withdrawal from the contract can be sent by traditional mail or email to sklep@epicgolf.pl.
The Client may use the following withdrawal form:

- Addressee: Epic Golf, 03-994 Warsaw, Wał Miedzeszyński 608, e-mail: sklep@epicgolf.pl

- I/We(*) hereby inform/inform(*) of my/our withdrawal from the contract of sale of the following products: __________________

- Date of conclusion of the contract(*)/receipt(*)

- Name and surname of the Consumer(s)

- Address of the Consumer(s)

- Signature of the Consumer(s) (only if the form is sent in paper version)

- Date

(*) delete as appropriate.

Epic Golf will confirm receipt of the declaration of withdrawal from the Agreement by sending an email to the Client's email address.
The Consumer is obliged to return the Product immediately, but no later than 14 days from the day on which they withdrew from the contract. The Product should be returned to the Epic Golf address indicated in the definitions of the Regulations. In the case of Vouchers delivered electronically, as well as Passes, there is no need to return them. Upon receipt of the Client's declaration of withdrawal from the Agreement by Epic Golf, Epic Golf will block the code visible on the Voucher, enabling the use of the service, and will block the possibility of using minutes purchased under the Pass.
In the event of withdrawal from the agreement by the Consumer, Epic Golf will immediately refund the payments made by them, including the costs of delivering the Product, in accordance with the provisions of the Act. If the Consumer chose a method of Product delivery other than the cheapest ordinary method of delivery offered on the Website, Epic Golf is not obliged to refund the additional costs incurred by them.
The direct costs of returning the Product are borne by the Consumer. Epic Golf does not accept parcels sent cash on delivery and is not responsible for costs associated with such parcels.
Epic Golf will refund the payment using the same payment method used by the Consumer.

The Consumer is liable for any diminished value of the Product resulting from using it in a manner exceeding what is necessary to ascertain the Product's nature, characteristics, and functioning.

Withdrawal from the Agreement is not possible for any purchases made at brick-and-mortar stores operated by Epic Golf.

The right to withdraw from the contract, as referred to in this paragraph, does not apply to the Consumer in relation to Contracts whose subject of performance is a Personalized (Custom) Product – i.e., a non-prefabricated item manufactured according to the Consumer's specifications or serving to satisfy their individualized needs (in accordance with Article 38 point 3 of the Consumer Rights Act). This applies in particular to products with individual engraving, embroidery, printing, or equipment configured to order according to the Customer's physical parameters.

§ 8. Special Conditions for Vouchers and Season Passes

A Voucher – during its validity period – entitles the holder to use services offered by Epic Golf, in accordance with the description provided on the Website for that specific Voucher. To use such Services, it is necessary to make a Reservation on the Website for the date of Service performance.
Unless a specific Voucher explicitly states otherwise, it will be valid for a period of 12 months from the date of its purchase and, during this period, entitles the holder to make reservations for Services.
The Customer may change a reservation made by them (no later than 1 day before the reserved date), but only if the dates for the given service are available and with the proviso that making such a change may be subject to an additional fee, the amount and payment method of which will be indicated on the Website. The amount of the fee may, in particular, depend on how much time before the reserved flight the Customer wishes to make the change.
In accordance with Article 38 point 12) of the Act, after using the Voucher to make a service reservation (i.e., selecting the date of service use and providing the Voucher code), the Customer is not entitled to withdraw from the Agreement, including when the consumer is a party to the agreement.
Subject to clauses 6 and 7 below, the Customer has the right to withdraw from the Agreement for the purchase of Services, acquired under Season Passes, without giving any reason and without incurring costs, within 14 days from the date of concluding the agreement. The rules described in § 7 above apply accordingly to submitting a declaration.
Commencement of the Service before the expiry of the withdrawal period will be possible only if the Customer – by checking the appropriate checkbox – submits an express statement containing such a request. In the above situation, if the Customer exercises the right of withdrawal after submitting the request, the Customer will be obliged to pay for the services rendered up to the moment of withdrawal, provided that the price of such services (in particular, the price of simulator rental) will be determined according to their market value on the day the Customer used the service or on the day the Agreement was concluded (whichever price is more favorable to the Customer). Information on prices is available on the Website or at the reception or, upon the Customer's request, can be sent to the e-mail address provided by them.
In the event of making a Reservation using a Season Pass, the Customer is not entitled to withdraw from the contract regarding the Reservation made, in accordance with Article 38 point 12 of the Consumer Rights Act. The Customer may change reservations according to the paragraph below.

§ 9. Service Reservation

By selecting the appropriate options on the Website, the Customer can make a Reservation, in particular by choosing a Service and its performance date.
When selecting a Service, attention should be paid to the details provided on the Website, including reservation hours.
After selecting a specific field with the Service performance date (before accepting the Reservation), the Customer will receive information about the Service price.
Acceptance of the Reservation, including the Service price, occurs by checking the "Reserve" box or an equivalent. Subsequently, the Customer is redirected to a page containing a link to the Regulations. After the Customer confirms having read the Regulations and the content of the statement, as well as confirming the desire to make a Reservation, the Customer is redirected to the payment page.
After making a Reservation, the Customer will receive an email confirmation of the reserved Service details, including its type, date, and price.
The conclusion of the Agreement between the Customer and Epic Golf occurs at the moment of payment for the Service.
If the Customer does not pay for the Service covered by the Reservation within 1 hour of placing the Reservation, such Reservation will be cancelled, without any further claims by either Party.
The agreement concluded between the Client and Epic Golf is for the duration of the Service performance.
In the event of making and paying for a Reservation (concluding an Agreement with Epic Golf), the Customer is not entitled to withdraw from the Agreement. In accordance with Article 38 point 12 of the Consumer Rights Act, such a right does not apply to the Customer even if the Consumer is a party to the Agreement.
The Customer may change their reservation no later than 24 hours before the scheduled reservation time. Exceeding this deadline is equivalent to using the reservation, both paid and reserved using a Season Pass.

Other Rules Regarding Service Provision

§ 10. Service Quality; Complaints

Epic Golf undertakes to perform the Services in accordance with the terms of the Agreement, the rules arising from the Regulations and applicable law, and with due diligence, assessed by taking into account the professional nature of the activity performed. In particular, Epic Golf undertakes to provide Products free from defects.
The Customer has the right to file a complaint regarding the Services, as well as other activities carried out by Epic Golf in connection with the Services.
The exclusion of the right to withdraw from the contract in the case of Personalized Products does not limit the Consumer's rights to file a complaint if the Product has physical defects or does not comply with the ordered specification.
Complaints can be submitted via email to: sklep@epicgolf.pl or by mail to Epic Golf's address, as specified in the definitions.
The complaint should include, in particular, the Customer's details and a description of the complaint.
Epic Golf will consider the complaint within 14 days of its receipt, notifying the Customer of the outcome by email to the address provided in the Customer's account on the Website, unless the Customer requested in the complaint that the response be sent to a different address.
In the case of golf simulator rental services, if the Service cannot be performed due to reasons not attributable to the Customer, in particular due to power outages, Epic Golf will offer the Customer the possibility of performing the Service at another date agreed upon by the Parties.
In matters not regulated by the Regulations, the provisions of the Civil Code apply to the guarantee of proper Service performance by Epic Golf and the rights of the Customer or Users in case of any irregularities in Service performance, and if the Service is acquired by a Consumer – also the provisions of the Consumer Rights Act.

§ 11. Changes

To the extent described on the Website and subject to paragraph 2 below, Epic Golf allows the Customer to make changes to the Agreement. Changes may concern, in particular:

i. the date of the Service Reservation, including in cases where the User did not appear at the Epic Golf facility on the reserved Service performance date;

ii. changing a made Reservation to a Voucher;

iii. renewing the Voucher's validity period (after the expiry date);

iv. changes to other principles of Service provision specified on the Website.

Making the changes referred to in paragraph 1 above involves an additional fee, the amount of which is derived from the price list available on the Website. The amount of the fee depends primarily on the type of change, including the time remaining until the reserved Service performance date.

§ 12. Personal Data Protection

The administrator of Customers' and Users' personal data is Epic Anna Kulikowska with its registered office in Warsaw, 03-994, Wał Miedzeszyński 608, NIP: 5252533508, email: sklep@epicgolf.pl.
Customers' personal data will be processed by Epic Golf for purposes necessary for the performance of the Agreement. Furthermore, Epic Golf may use personal data for purposes arising from the legitimate interests pursued by the administrator, in particular the marketing of services provided by Epic Golf, including profiling personal data for the aforementioned purposes, provided that the Customer has the right to object at any time to the processing of their personal data for the purposes referred to in this sentence.
For marketing purposes, Epic Golf may also process personal data based on a separately expressed consent from the Customer, to the extent resulting from such consent. Giving consent is voluntary, and the Customer may withdraw it at any time, however, the withdrawal of consent will not affect the lawfulness of processing personal data based on consent before its withdrawal.
Personal data may be transferred to entities processing them on behalf of Epic Golf, in particular subcontractors that Epic Golf uses for the purpose of providing Services.
In the event of purchasing a golf simulator rental service, the Customer's personal data (first and last name) may be visible on the scoreboard located inside the Epic Golf premises.
Subject to paragraphs 7 - 11 below, Customers' personal data will be stored by Epic Golf for the duration of the Agreement, and thereafter – for the period required by law.
For Customers who have registered on the Website, personal data will be stored by Epic Golf for the period of using the Website, provided that Epic Golf may delete the account on the Website and the personal data contained therein after 12 months from the last login to the Website.
With regard to personal data processed for marketing purposes, Epic Golf will process it until the Customer possibly objects or withdraws their consent.
A visual monitoring system operates within Epic Golf facilities to ensure the safety of people on the premises, as well as the protection of their property and Epic Golf's property. Personal data collected as a result of monitoring may be transferred to entities authorized by law to access such data. The Administrator stores monitoring recordings for a period not longer than 3 months, with the proviso that recordings that may constitute evidence in proceedings conducted under law may be stored longer, until the final conclusion of the proceedings. After the expiry of the above periods, image recordings containing personal data obtained as a result of monitoring are destroyed, unless separate regulations provide otherwise.
In addition to other rights referred to in this article of the Regulations, the Customer or User has the right to request from Epic Golf access to their personal data, its rectification, erasure or restriction of processing, as well as the right to data portability and to lodge a complaint with a supervisory authority.
Providing personal data is voluntary, however, it is necessary for the purposes of performing the Agreement with Epic Golf and using the Service.
In matters not regulated by the Regulations, the provisions of the Privacy Policy and applicable law apply to data processing rules.

§ 13. Final Provisions

Epic Golf reserves the right to temporarily suspend the availability of the Website, particularly in cases of maintenance, repairs, or expansion of the Website.
Epic Golf reserves the right to change the Regulations with future effect, if this results from legal or technical circumstances, including changes to the scope of Services provided by Epic Golf, increased security of Services, or if such changes are justified for other reasons.
Epic Golf will notify Users of proposed changes to the Regulations by email to the Customer addresses provided during the Registration process no later than 14 days before the planned entry into force of the amended Regulations.
The amended version of the Regulations is binding on the Customer if they did not object before the new version of the Regulations came into force. If such an objection is submitted, all Services acquired by the Customer before the effective date of the new version of the Regulations will be provided according to its previous version.
Changes to the Regulations may also be made by the User expressing consent to the new version of the Regulations proposed by Epic Golf.
To the fullest extent permitted by law, Epic Golf shall not be liable for the blocking of messages sent to the Customer's email address by email server administrators, nor for the deletion and blocking of emails by software installed on the computer used by the Customer.
To the fullest extent permitted by law, Epic Golf shall not be liable for disruptions, including interruptions, in the functioning of the Website caused by force majeure, unauthorized actions of third parties, or incompatibility of the Website with the Customer's technical infrastructure.
For statistical purposes and to ensure the highest quality of services, the Website uses information saved by the server on the Customer's end device, which is then read each time the web browser connects (so-called cookies). The Customer can change their browser settings at any time to not accept such files or to notify them about their transmission. Not accepting cookie files may cause difficulties in using the Website. The Customer's use of a browser whose settings allow for saving cookie files on the Customer's device means consent to saving the above files on that Customer's device. Other information on the use of cookies can be found in the Privacy Policy.
The Customer is obliged to refrain from actions that could disrupt the proper functioning of the Website, in particular from interfering with the software ensuring the Website's operation or with the content presented on the Website, as well as from providing illegal content.
Disputes arising from the Agreement shall be resolved by the competent common court. If the Client and Epic Golf agree, the dispute may be submitted for out-of-court resolution; in particular, the case may be referred to a permanent consumer arbitration court agreed upon by the Parties.
Matters not regulated by the Terms and Conditions shall be governed by Polish law.

Epic Golf Online Store Regulations