1. General provisions
- Internet store operating under the following address: jacktar.eu is run by the company Project 1091 Sp. z o. o., National Court Register Number: KRS0000385196, REGON 301737147, NIP 9721228488, address: ul. Dziekonskiego 1, 00-728 Warszawa, Poland, firstname.lastname@example.org, tel. 00 48 519 587 583.
- This retail store sells products via Internet worldwide.
- The store operates under the terms and conditions specified herein.
- The Customer is obliged to read these Regulations prior to their use of the Store.
- Starting to use this Store shall be tantamount to your consent for those Regulations.
The terms listed herein below shall mean as follows:
Electronic address – designation of an ICT system enabling you to communicate via electronic means, in particular via e-mail;
Customer – service beneficiary who made or intends to make the sales agreement with the Service Provider on terms and conditions listed herein;
Consumer – natural person making acts in law with the Service Provider which is not directly connected with their business operations or professional activity;
Regulations – these Regulations;
Vendor – entity specified in §1 section 1 hereof;
Store – Internet store specified in §1 section 2 hereof;
ICT system – the group of interacting IT devices and software ensuring processing and storing as well as dispatching and receiving data sent via telecommunications networks via appropriate for a given type of telecommunications network end device as defined in the Act on Telecommunications as of 16 July 2004 (Journal of Laws as of 2016 item 1489 as amended);
Goods – movables offered by the Vendor that may be the object of the Sales Agreement to be concluded by and between the Vendor and the Customer.
3. Price and Fees
- The prices of Goods are gross, that is, VAT is included.
- The cost of delivery shall be borne by the Vendor.
- The Store shall accept the payments:
a) made with ordinary wire transfer to the bank account with the number of order in the title.
b) made by Dotpay platform
c) made by PayPal platform
- The Customer shall pay for the ordered Goods after placing an order with maximum period of 7 days.
- The date of payment shall be the date of crediting the Vendor’s bank account.
- The advance invoice and final VAT invoice shall be considered the proof of purchase if the Customer is the Consumer.
- VAT invoice shall be the proof of purchase if the Customer is not the Consumer.
- The prerequisite for placing an Order in the Store shall be to read these Regulations by the Customer and approving the content thereof.
- The Orders may be placed 24/7.
- The content of the website of the Store shall not be an offer as defined in relevant laws; it only constitutes an invitation to make an agreement referred to in Art. 71 of the Civil Code. Placing the Order by the Customer shall be tantamount to the conclusion of the Sales Agreement.
- The Orders may be placed in the following ways, such as: electronic mail –email@example.com or a form available at the website of the Store;
By clicking the icon PLACE ORDER the Customer accepts the Order and undertakes thereby to make the Sales Agreement. The Customer shall be entitled to modify their Order until they have received the Order confirmation.
- Having placed the Order, the Customer shall receive from the Store a confirmation of the Order receipt to the e-mail address inclusive of the list of the ordered Goods, total gross price, cost of delivery, forms of payment and the manner for the Order completion.
- The confirmation by the Store of the Order receipt shall confirm the fact of receiving the Order. Having received the payment, the Store shall start completing the Order taking account of the deadlines for the completion for each of the Goods.
- Sending the confirmation for the Order completion shall be tantamount to the conclusion of the Sales Agreement.
- The Store completes Orders worldwide with exclusion of countries that are not compliant with AML procedures or are supporting terrorists. Orders from those countries would be individually monitored and rejected in reason.
- The Store shall complete the Order within maximum 4 weeks since the money for the ordered were received (excluding pre-sales where expected delivery date can be longer).
- If the Order cannot be fully completed within the time specified above, the Customer shall be entitled to rescind the Agreement or take a decision to complete the remaining part of the Order.
- At the time of the delivery the Customer shall check in the presence of a courier if the parcel has not been damaged. Should any damages be identified, the Customer shall not accept the parcel, make the damage report and immediately notify the Vendor about the damaged parcel.
6. Right to Rescind the Agreement
- The Consumer who had bought the Goods remotely via Internet store shall be entitled to rescind the Agreement with no need to justify their decision or with no costs to be incurred within maximum 14 days.
- The time limit run to the rescission of the Agreement shall start at the time of taking possession of the Goods by the Customer or any other person indicated by them other, however, than the carrier. For deliveries in tranches – from the time of taking possession of the last piece of Goods. For regular Goods delivery for a definite time – from taking possession of the first piece of Goods. For other cases – from the Agreement date.
- The form shall constitute Return Form template.
- The declaration on the rescission of the Agreement may be submitted via registered mail to be sent to the Vendor’s address or via e-mail to the Vendor’s e-mail address. The Store shall immediately forward the confirmation of the receipt of the declaration on the rescission of the Agreement.
- Along with the form on the rescission of the Agreement, the Customer shall attach the original or copy of the purchase proof.
- In the case of the rescission of the Agreement, the Agreement shall be deemed not concluded. If the Customer had filed the declaration on the rescission of the Agreement before the Store accepted their offer, the offer shall cease to bind.
- The returned Goods may not bear any traces of usage other than those which are indispensable to ascertain the nature, features and functionality of the Goods.
- The Vendor shall – within 14 days at the latest as of receiving the declaration on the rescission of the Agreement from the Customer – reimburse them for any and all payments made by them including the costs of Goods delivery. The Store shall make reimbursement with the manner of payment corresponding with the one used by the Customer unless the Customer has explicitly consented to some other manner of reimbursement which shall not entail any costs for them.
- Should the Customer have chosen the manner for reimbursement other than the cheapest ordinary manner for delivery offered by the Store, then the Store shall not reimburse for the Customer any additional costs incurred by them.
- The Customer shall immediately, but not later than 14 days as of the date of the rescission of the Agreement, return the Goods or forward them to the person duly authorised by the Store. Sending the Goods back before the lapse of the deadline shall be sufficient for the meeting thereof.
- The Customer shall bear the direct costs of the Goods return.
- The Customer shall be liable for the diminished value of the Goods being the consequence of using it in the manner that goes beyond what is necessary to establish the nature, features and functioning of the Goods.
- The Goods shall be returned to the following address: Beethovena City Space, ul. Dziekonskiego 1, 00-728 Warszawa, Poland optimally in their original and undamaged packaging.
- The reimbursement of costs shall correspond with the form of purchase. The Store shall not accept the COD Goods or those sent at the expense of the Vendor.
- The Vendor shall be liable towards the Customer under the implied warranty should the Goods be defective, that is, there is a physical or legal defect.
- The physical defect shall stand for the incompatibility of the Goods with the Agreement. The Goods shall be incompatible with the Agreement in particular but not limited to the following cases, namely:
a) they do not have the properties they should have due to their purpose defined in the Agreement or arising from the circumstances or intention of use;
b) they do not have the properties whereabout the Vendor assured the Customer by presenting a specimen or a sample;
c) they cannot be used for the purpose whereabout the Customer notified the Vendor when making the Agreement and the Vendor made no reservations as to such intention of use;
d) they have been released to the Customer in the imperfect condition;
- Should the Consumer have bought the Goods wherein the physical defect has been identified before the lapse of one year as of releasing the Goods, it shall be presumed that the defect or reason existed at the time of the passage of peril to the Consumer.
- Should the Goods be defected, the Customer shall be entitled to the following, namely:
a) demand that the price be reduced unless the Vendor immediately and without excessive inconvenience for the Customer replaces the defected object with the defect-free one or removes this defect. The reduced price should be in the same proportion with the price arising from the Agreement as the value of the defected Goods against the value of the defect-free Goods.
b) withdraw from the Agreement unless the Vendor immediately and without excessive inconvenience for the Customer replaces the defected object with the defect-free one or removes this defect;
c) have the Goods replaced with the defect-free ones unless the Goods replacement is not possible and it entailed excessive costs in comparison with the manner suggested by the Store;
d) removal of the defect unless making the Goods compatible with the Agreement is not possible and it entailed excessive costs in comparison with the manner suggested by the Store;
- For options in point 4 c. the restriction pertaining to the replacement with the defect-free Goods or defect removal shall not apply if the Goods had already been replaced or repaired.
- The Customer shall not be allowed to rescind the Agreement if the defect is immaterial.
- The Vendor shall be liable under implied warranty if the defect has been identified before the lapse of two years. In the case of the replacement of Goods with the new ones this period shall run anew.
- The Vendor shall make a complaint to the e-mail address of the Store referred to in §1 section 1 hereof.
- The Customer should submit to the Store the demand under the implied warranty not later than within a year as of the defect identification.
- The Store shall consider the legitimacy of the complaint within 14 days as of placing thereof. Should the complaint not be considered within 14 days, it shall be deemed legitimate.
- As the complaint has been approved, the Customer should deliver the defected object to the destination indicated by the Store at the expense of the Store.
- The costs of replacement or repair of the Goods shall be borne by the Store.
8. Personal data
- The controller of Client personal data is Project Sp. z o.o. with its registered office in Warsaw at Dziekonskiego 1, 00-728, Poland entered into the register of entrepreneurs under KRS number: 385196.
- Client personal data will be processed in order to provide information in connection with the completion of your contact form, conducting direct marketing and sending commercial information.
- The legal basis for the processing of Client data is your consent.
- Recipients of Client personal data are:
a) persona authorized by the Controller to process data as part of the performance of their official duties;
b) entities to whom the Controller commissions the performance of activities, which involve the necessity to process data (processing entities).
- The data will be stored for the period necessary to achieve the aforementioned objectives, but no longer than until the withdrawal of the consent.
- Client have the right to access your personal data and, subject to the law, the right to rectify, delete, limit the processing, the right to transfer data, the right to object to the processing.
- Client have the right to withdraw your consent at any time, without affecting the lawfulness of the processing, which was made on the basis of the consent before its withdrawal.
- Client have the right to lodge a complaint to the supervisory body.
- Provision of data is voluntary, but necessary to achieve the objectives for which they will be collected.
- Client data will be processed in an automated manner and will not be profiled.
- The content inserted in the website of the Store shall belong to the Store or to third parties from whom the Store has obtained the consent for use.
- Any and all content inserted in the website of the Store shall be protected with the copyright and without the consent of the owner may not be used or modified.
- The logo of the Store shall be legally protected.
- Should the Customer violate the copyright, then the Store shall assert their claim by means of civil or/and penal law proceedings.
10. Technical Requirements
- Customers may not provide any illegitimate content.
- The Customer shall have electronic mail via which the Parties shall communicate.
11. Cookies Files and Other Technical Issues
- The Store shall use so-called Cookies files on terms and conditions referred to in the Communication.
- The purpose of Cookie files is to deliver statistical data for the Store about the Customer’s activity based on the recently viewed products, session-related information, to align the offer tailored to the needs and interests of the Customer.
- Should the Customer – when using the website of the Store – come across any hyperlinks, then the Store shall not be liable for their content or incompatibility with the laws being currently in effect.
- Using the Store and downloading files shall be at the Customer’s liability.
12. Other Provisions
- These Regulations are an inseparable part of the Sales Agreement.
- The Parties hereto shall be bound by the Polish law.
- The Parties hereto shall in the first place resolve any and all disputes in an amicable way. Should the dispute not be resolved amicably or should there be any undue delay of one of the Parties hereto in the process of amicable dispute resolution, then the Party shall be entitled to assert claims before the court. The details can be found in the offices or on the websites on the district (municipal) consumer advocates as well as on the website of the Office for Competition and Consumer Protection uokik.gov.pl
- These Regulations may be amended. For the Agreements made before the amendment hereto, the version of the Regulations effective as at the date of placing the Order by the Customer shall apply.
- These Regulations shall come into effect at the time of their publishing on the website of the Store.