REGULAMIN SKLEPU INTERNETOWEGO WWW.JEMIOL.COM

I. Preliminary provisions

1. Łukasz Marek Jemioł conducting the business activity under the business name Łukasz Marek Jemioł, ul. Okólnik 11A apt. 71, 00-368 Warsaw, REGON 100966219, NIP 9482330171 (“Łukasz Jemioł”), enables the purchase of clothes and fashion accessories (“Goods”) via the Internet (on-line) - under the address www.jemiol.com (“Store”).

2. The provisions of these terms and conditions (“Terms and Conditions”) shall apply to all users of the Store www.jemiol.com and specify the rules for registration and use of the account with the Store, rules for electronic reservation of the Goods available in the offer of the Store, placing orders in the Store and rules for concluding contracts for the sale of Goods.

3. Each Internet user may obtain an access to these Terms and Conditions at any time by opening the website containing these Terms and Conditions available on the website of the Store under the address specified in paragraph 1 as well as by downloading and then saving their contents in PDF on the electronic data carrier selected by the user.

4. Information on the Goods in the Store, including their prices, shall constitute the invitation to submit the offer of concluding the sale contract within the meaning of Article 71 of the Act of 23rd April 1964 - Civil Code (consolidated text: Journal of Laws of 2014, item 121, as amended), hereinafter referred to as the Civil Code and based on the provisions of these Terms and Conditions, and shall not constitute the offer within the meaning of Article 66 § 1 of the Civil Code.

5. 5. The Goods in the Store have detailed marking. The website contains information on their properties, price, material from which the Goods were manufactured, etc. and their features. Photos and styling of the offered Goods aim at presenting specific models shown there which is without prejudice to the provisions of paragraph 4.

II. Rules for the use of the Store and conclusion of the sale contract

1. Łukasz Jemioł enables the conclusion of contracts for the sale of Goods presented in the Store via the Internet and may provide other services if these Terms and Conditions provide for it.

2. The contract for the sale of Goods shall be concluded between the user of the Store (“Client”) and Łukasz Jemioł.

3. Recording, securing and making material provisions of the contract for the sale of Goods concluded as a part of the Store activity available shall take place by printing and providing the Client with the proof of purchase (receipt or VAT invoice) together with the delivery of the Goods.

4. The Client shall be bound to read these Terms and Conditions and accept them in order to start using the Store.

5. Information provided by the Client when placing the order for the Goods should comply with the legal and factual state. Łukasz Jemioł reserves the right to refuse to complete the order in case the specified data and information is not compliant with the legal and actual situation or prevents the execution of the order or delivery of the shipment containing the Goods in any way. Prior to the refusal to complete the order, Łukasz Jemioł shall make an attempt to contact the Client in order to establish whether the data is correct to enable the execution of the order placed by the Client.

6. The Client using the Store is obliged to:

  • refrain from submitting and communicating the content forbidden by the applicable provisions of law as well as contents contrary to the principles of social co-existence and established convention;
  • use the Store in a manner that does not disturb its functioning;
  • refrain from sending or submitting to the Store trade information that has not been ordered;
  • use the Store in a manner that is not offensive to other clients;
  • refrain from using the contents published on the websites of the Store for personal use, including copying its contents and using for commercial purposes.

III. Conclusion of the sale contract

1. The sale contract between Łukasz Jemioł and the Client shall be concluded in one of the following methods:

  • on the website of the Store (on-line),
  • by phone,
  • by electronic mail.

2. The Store accepts orders submitted on-line in 24/7 mode.
Orders placed by phone or by electronic mail are accepted on business days between 11 a.m. and 7 p.m. Orders placed on off work days shall be completed on the first business day following the day on which the order was placed.

3. The Client shall have the right to place the order without the necessity to permanently record its data in the Store database – “Purchase without registration”.

4. The use of the order form specified by the Store and completion of all required data necessary for dispatch or generation of the VAT invoice or tax receipt by the system shall be the condition for placing the order by the Client.

5. In order to place the order the Client should select the Goods from the available Store offer, their colours, sizes and quantities by adding them to the "Shopping Cart".

6. Until the approval of the selection of the Goods with "Approve Order" button (or "Continue" after choosing payment method “Pay”), the Client has the right to change or modify the Goods to be ordered as well as contact data for dispatch or invoice.

7. Sending the order by the Client (approval with "Approve Order" or "Continue" button after choosing payment method “Pay”) is an offer of the Client made to Łukasz Jemioł regarding the conclusion of the sale contract.

8. After the submission by the Client of the order in the Store, the Client is provided, on the website of the Store or by electronic mail, with the information regarding the ordered item, quantity of the Goods, the value of the order, selected type of delivery and payment, order delivery time and contact details of the Client. The message is the confirmation of receipt by the Store of the purchase offer made by the Client.

9. The Store sends a confirmation of acceptance or refusal of acceptance of the offer of the Client submitted via the Store, electronic mail or by phone ("Confirmation of receipt of the order for execution") or refusal to accept the offer of the Client to e-mail address indicated by the Client. After receiving the confirmation of acceptance of the offer of the Client the contract for the sale of Goods ordered by the Client is concluded.

10. The contract for the sale of Goods is concluded in Polish, based on the contents compliant with these Terms and Conditions.

11. Without prejudice the legitimate right of the Client to withdraw from the contract for the sale of Goods, the Client shall have right to cancel the order before receiving the confirmation of acceptance of the purchase offer from the Store, i.e. before receiving e-mail confirming that the order was accepted for execution. In this situation the Client shall be obliged to immediately contact the Store in any manner selected by the Client.

12. The Store has the right to refuse to complete the order under the sale contract if:

  • the contact details of the Buyer are so imprecise that prevent delivery of the Goods,
  • the transaction has not been authorized in PayU electronic payment system,
  • The Client failed to make the payment for the placed order within 2 business days from the order placement.

IV. Delivery and acceptance

1. The deadline for the completion of the order in the Store, placed on the order summary is the approximate time when the Goods will be prepared for shipment to the Client. In exceptional cases, the order delivery time is confirmed by the employee of the Store while contacting the Client, subject to paragraph 2.

2. The Store shall deliver the Goods to the address in the Republic of Poland or in any country in the world indicated by the Client. Any charges for the delivery of the Goods shall be specified upon placing the order. Subject to paragraph 5, the expected delivery time is 7 business day from the day following the day of posting the shipment. The total and the maximum order completion period with respect to the Goods should not exceed 21 business days and 30 days from the date of conclusion of the contract for the sale of Goods. Commencement of the completion of the order of the Client may be delayed by the Store until the sale price or shipment costs are credited to the bank account of the Store in case the Client selects the internet prepayment as the payment form - i.e. using PayU payment processing service or internet bank transfer.

3. All shipments containing the ordered Goods are executed by insured courier mail.

V. Prices and payment methods

1. Information on the sale price of the Goods in the Store given on the website of the Store is binding from the moment of the receipt by the Client of the message with a confirmation of acceptance of the purchase order placed by the Client for the selected Goods containing the final confirmation of all relevant elements of the order for the quantities indicated in the order until the end of the completion of the order. The price is not subject to change regardless of price changes in the Store that may arise after the order confirmation, including as a result of the start of the promotional campaigns or sale.

2. The prices of the Goods in the Store are given in PLN and are gross prices, containing in particular the amount of the tax on goods and services and other statutory liabilities. The prices of the Goods do not include the cost of the shipment pursuant to the provisions of chapter IV.

3. The Client is obliged to pay the price for the ordered Goods, at its discretion:

  • by bank transfer via electronic payment handled by the Store payment system prior to the delivery of the Goods, however, lack of payment to the account of Łukasz Jemioł or intermediaries in the transaction (electronic payment processing service) within 2 days from the order placement will result in cancelling the order, while the date of receipt of the payment shall be the date of receipt of the receivables by Łukasz Jemioł or the intermediary
  • by credit card
  • by payment of receivables to the entity delivering the Goods, if the declared-value shipment was selected, subject to the provisions of chapter V paragraph 3a of these Terms and Conditions.

3a. The Client ordering the Goods to be delivered outside the Republic of Poland is obliged to pay the price for the ordered Goods at its discretion:

  • by bank transfer via electronic payment handled by the Store payment system prior to the delivery of the Goods, however, lack of payment to the account of Łukasz Jemioł or intermediaries in the transaction (electronic payment processing service) within 2 days from the order placement will result in cancelling the order, while the date of receipt of the payment shall be the date of receipt of the receivables by Łukasz Jemioł or the intermediary
  • by credit card

4. Łukasz Jemioł hereby reserves the right to any changes in the prices of the Goods in the Store, adding new Goods for sale, conducting and cancelling promotional campaigns on the websites of the Store, or introducing changes in them according to the provisions of generally applicable law.

VI. Guarantee, complaints and returns

1. Łukasz Jemioł ensures that the Goods offered in the Store are band new and original.

2. Łukasz Jemioł as the seller shall be liable to the Client being the consumer within the meaning of Article 221 of the Civil Code for physical and legal defects of a sold item.

3.Łukasz Jemioł shall take measures to ensure fully correct functioning of the Store, in so far as it results from the current technical knowledge and undertakes to remove within a reasonable period of time any irregularities reported by the Clients.

4. All Goods purchased in the Store may be subject to complaint within the time limits and under the terms and conditions of complaints specified by provisions of law. The complaint may be submitted by post by returning the Goods with a written description of the defect or complaint form downloaded from the website of the Store and a proof of purchase in the Store, by registered letter or other form of shipment, to the following address: Sklep Internetowy www.jemiol.com, ul. Mokotowska 26, 00-561 Warsaw, with a note: "Complaint e-store www.jemiol.com". The Client shall receive information about the manner of the complaint examination within 14 days from the day following the day on which the Store receives the shipment containing the Goods subject to complaint. In the event of a positive examination of the complaint made by post, Łukasz Jemioł shall send the Client the Goods of full quality (repaired or replaced with a new one) and if it not possible to replace the Goods with the new one (e.g. due to stock unavailability), the Store will reimburse the Client for the full amount of the paid price of the Goods.

5. If the complaint is not considered by the Store, the Goods shall be send back with the opinion on finding the complaint unjustified.

6. If the Client identifies any damage to the Goods during transport, the Client shall prepare the shipping damage report in the presence of the courier.

7. The Client being a consumer within the meaning of Article 221 of the Civil Code has the right to withdraw from the sale contract without giving any reason within 30 days from the date of receipt of the Goods and return the Goods as soon as possible, not later than within 14 days from the date of withdrawal from the contract. In order to withdraw from the contract for the sale of Goods, the Client shall submit a written statement on withdrawal from the concluded sale contract according to the form made available by Łukasz Jemioł and then send the Goods in the unaltered condition to the Store address at the cost and risk of the Client. The shipment must be accompanied by a document confirming that the time limit of 30 days in relation to specific returned Goods was observed. The Store shall immediately return any money paid within 5 business days from the date of receipt of the Goods or delivery of the proof of its return, whichever is the earlier, in the same way that the Client made the payment. With the consent or at the request of the Client the payment may be returned to the bank account indicated by the Client.

VII. Information on services provided electronically

1. The Store provides the following electronic services to the Clients:

  • opportunity to conclude on-line contracts for the sale of Goods in the Store in accordance with these Terms and Conditions,
  • opportunity to create the Clients’ accounts in the Store,
  • transfer of ordered trade information concerning the Goods.

2. The Client has the right to withdraw from the contract for the sale of Goods in accordance with the relevant provisions of the law and under the conditions laid down in these Terms and Conditions. In addition, the Client is entitled at any time to require that the provision of services indicated in paragraph 1(b) and (c) by the Store be ceased.

3. The technical conditions of the provision of services by the Store by electronic means:

  • Internet access,
  • use of the web browser enabling editing the hypertext documents, e.g. Internet Explorer, Chrome, Opera, FireFox or similar,
  • electronic mail account.

4. Complaints regarding the services provided by the Store by electronic means may be submitted by sending the complaint to the e-mail address of the Store: esklep.jemiol@gmail.com. The complaint made by the Client should include the designation of the Client and a brief description of the complaint. The Store shall make every effort to examine the reported complaints as soon as possible but not later than 14 days from the date of receipt of the complaint by the Store. The Client shall be notified of the manner of handling the complaint at the option of the Client by phone or through a message sent to the e-mail address indicated by the Client.

5. Łukasz Jemioł informs that depending on settings of the web browser of the Client, he may enter into an IT system used by the Client, cookies that are not a component of the contents of the services provided by the Store but which allow for later identification of the Client entering the website of the Store and are used by the Store to facilitate the use of the Store by the Client as well as for monitoring the traffic of the Clients on the websites of the Store. The Client may at any time turn off the possibility to use the cookies by the Store by appropriate settings in the web browser of the Client.

VIII. Final provisions

1. Łukasz Jemioł is an administrator of the personal data of the Clients of the Store.

2. The Store ensures that it shall take all legal, technical and organizational measures to protect personal data of the Clients, in particular to prevent access by unauthorized persons, communicated by the Client during the registration in the Store.

3. Personal data of the Clients given during registration in the Store are processed by Łukasz Jemioł solely for the purpose of the completion of orders and may also be processed for marketing purposes unless the Clients agrees to it in a separate declaration. The Client shall be entitled to supplement, update, correct his/her personal data, temporary or permanent withholding of the consent for personal data processing or demand that the personal data be removed, if they are incomplete, outdated, false or were collected in breach of the provisions of law or are unnecessary for the purpose for which they were collected, and the right to object to the personal data processing for marketing purposes.

4. In the case of selection of delivery using the courier services of DHL Express Poland Sp. z o.o. with its registered office in Warsaw, ul. Osmańska 2, personal data of the Clients will be processed also by DHL Express Poland Sp. z o.o. with its registered office in Warsaw in order to provide services by DHL Express Poland Sp. z o.o. with its registered office in Warsaw.

5. The non-acceptance of the provisions of these Terms and Conditions makes it impossible to purchase any Goods offered by the Store. The Store shall enable he Client to read these Terms and Conditions prior to placing the order for the Goods. The Clients that have an account with the Store will be informed of the amendments to these Terms and Conditions via e-mail to the e-mail address indicated by the Client. The Client that does not accept the amendments introduced to these Terms and Conditions shall have the right to delete his/her account with the Store at any time.

6. The applicable regulations of the Polish law shall apply to the contract for the sale of products in the Store, which does not violate the consumer rights arising from the provisions of generally applicable law. The contract for the sale of Goods is concluded in Polish.

7. Łukasz Jemioł reserves the right to make amendments to these Terms and Conditions. Amendments to these Terms and Conditions shall become effective within 7 days from their publication on the website of the Store. Any amendments to these Terms and Conditions shall apply to orders of Goods made after introduction of the amendment to these Terms and Conditions, subject to the provisions of paragraph 3.



Published on April 18, 2017.