TERMS AND CONDITIONS OF THE ONLINE STORE WWW.JEMIOL.COM
I. PRELIMINARY PROVISIONS
1. JEMIOŁ SPÓŁKA KOMANDYTOWA with its registered office in Warsaw, Okólnik 11A lok. 71, 00-368 Warszawa, registered by the District Court in Warsaw, 12th Commercial Division of the National Court Register under KRS number 0000976850, NIP 5252911844, REGON 52229324500000, represented by Łukasz Marek Jemioł, enables the purchase of clothes and fashion accessories ("Goods") via electronic network Internet (on-line) - at www.jemiol.com ("Store").
2. The provisions of these regulations ("Regulations") apply to all users of the www.jemiol.com Store and define the rules for registering and using the Store's account, the rules for making electronic reservations of Goods available in the Store's offer, placing orders in the Store and the rules for concluding contracts sale of Goods.
3. Access to the Regulations may be obtained by any user of the Internet electronic network at any time by opening the Regulations page posted on the Store's website at the address indicated in paragraph 1.
4. Information about the Goods in the Store, including their prices, constitute an invitation to submit an offer to conclude a sales contract within the meaning of Art. 71 of the Act of April 23, 1964, the Civil Code (Journal of Laws of 2014, item 121, as amended), hereinafter: the Civil Code, and based on the provisions of these Regulations and do not constitute an offer within the meaning of Art. . 66 § 1 of the Civil Code
5. Goods in the Store are marked in detail. The website contains information about their properties, price, material from which it is made, etc. their features. Photos and stylizations of the offered Goods are intended to present specific models, which does not violate the provisions of section 4
II. RULES OF USING THE STORE AND CONCLUSION OF THE SALES AGREEMENT
1. Łukasz Jemioł enables the conclusion of contracts for the sale of Goods presented in the Store via the Internet electronic network and may provide other services if provided for in these Regulations.
2. The contract for the sale of Goods is concluded between the user of the Store ("Client") and Łukasz Jemioł
3. Consolidation, security and access to essential provisions of contracts for the sale of Goods concluded as part of the Store's operations takes place by providing the Customer with a proof of purchase (receipt or VAT invoice) by e-mail.
4. The condition for placing an order from the Store is to read the Regulations and accept its terms by the Customer.
5. The information provided by the Customer when placing the order for the Goods should be consistent with the actual and legal status. Łukasz Jemioł reserves the right to refuse to process an order if the data and information provided are inconsistent with the actual or legal status, and if they prevent the execution of the order and the delivery of the shipment containing the Goods in any way. Before refusing to execute, Łukasz Jemioł will attempt to contact the Customer in order to determine the correctness of the data to the extent necessary to complete the Customer's order.
6. The customer using the Store is obliged to:
• not to provide or transmit content prohibited by applicable law, as well as content contrary to the tasks of social coexistence and established customs;
• use the Store in a way that does not interfere with its functioning;
• not to send and not to place unsolicited commercial information within the Store;
• use the Store in a way that is not inconvenient for other customers;
• not to use the content posted on the Store's pages for personal use, including copying its content and using it for commercial purposes.
III. CONCLUSION OF THE SALES AGREEMENT
1. Conclusion of a sales contract between Łukasz Jemioł and the Customer via one of the selected methods:
• the Store's website (on-line),
• by phone,
• via e-mail.
2. The store accepts orders placed online around the clock, on all days of the week via the website www.jemiol.com.
3. The Store offers two options for placing an order for goods, one using the Customer Account registered by the Customer and without the need to have such an account, using the "Purchase without registration" option.
4. The customer has the right to place an order without the need to permanently register his data in the Store's database - "Purchase without registration".
5. The condition for placing an order by the Customer is to use the order form provided by the Store and fill in all the required data necessary for shipping or system generation of a VAT invoice or fiscal receipt.
6. In order to place an order, the Customer should select the Goods from the available Store offer, their colors, sizes and quantities by adding them to the "Basket".
7. Until the selection of Goods is confirmed with the "Confirm order" button (or "I order with the obligation to pay" after selecting the "Pay" payment method), the Customer has the right to change or modify the Goods in the order, as well as contact details for shipment or invoice.
8. Sending the order by the Customer (confirmation with the "Approve the order" button (or "I order with the obligation to pay" after selecting the "Pay" payment method) is the Customer's offer made to Łukasz Jemioł regarding the conclusion of a sales contract
9. After the Customer places an order in the Store, the Customer receives a message on the Store's website and by e-mail containing information on the items in the order, the number of Goods, the value of the order, the selected type of delivery and payment, the time of order completion and data the Customer's contact details. The message is a confirmation of receipt of the Customer's purchase offer by the Store.
10. The store sends confirmation of the order or refusal to accept the order of the Customer's offer, submitted via the store, by e-mail or by phone, to the e-mail address indicated by him. Confirmation of the order is an e-mail confirming the shipment of products to the indicated address. Upon receipt of confirmation of acceptance of the offer from the Store, a contract for the sale of the Goods ordered by the Customer is concluded.
11. The contract for the sale of Goods is concluded in Polish, based on the content in accordance with the Regulations.
12. Without prejudice to the Customer's statutory right to withdraw from the contract for the sale of Goods, the Customer has the right to cancel the order before receiving confirmation of acceptance of the purchase offer from the Store, i.e. before receiving e-mail confirming acceptance of the order for execution. In such a situation, the Customer is obliged to immediately contact the Store in any way chosen by the Customer.
13. The store has the right to refuse to process an order under a sales contract if:
• the Buyer's contact details are so imprecise that they prevent the delivery of the Goods,
• the transaction has not been authorized in the PayU electronic payment system,
• The customer has not paid for the orders placed within 2 business days of placing the order.
14. In the absence of payment for the order placed by the Customer within 2 working days from the date of placing the order, the submitted offer ceases to be binding.
IV. DELIVERY AND COLLECTION
1. The deadline for completing the order in the Store, placed on the order summary is the approximate time of preparing the Goods for shipment to the Customer. In exceptional cases, the time of order fulfillment is confirmed by an employee of the Store during contact with the Customer, subject to section 2.
2. The Store delivers the Goods to the address indicated by the Customer in the territory of the Republic of Poland or in any country in the world. All charges for the delivery of the Goods are provided in the ordering process. Subject to section 5 the estimated delivery time is 7 working days from the day following the shipment. The total and maximum term of the order for the Goods should not exceed 21 working days and 30 days from the date of concluding the contract for the sale of Goods. The commencement of the execution of the Customer's order may be delayed by the Store until the amount of the sale price or shipping costs is credited to the Store's bank account, if the Customer selects the form of payment as an online prepayment - i.e. via the PayU payment service or by online bank transfer.
3. All shipments containing the ordered Goods are delivered by insured courier.
V. PRICES AND PAYMENT METHODS
1. Information on the sale price of the Goods in the Store provided on the Store's website is binding from the moment the Customer receives a message confirming the shipment of the order placed by the Customer for the purchase of selected Goods, containing the final confirmation of all essential elements of the order for the quantities specified in the order, until the end of the execution orders. The price does not change regardless of price changes in the Store that may occur after confirming the order, including as a result of the start of promotional or sale campaigns. Placing an order until the shipment of the goods is confirmed is an offer to purchase.
2. The prices of the Goods in the Store are given in Polish zlotys and are gross prices, including in particular the amounts of tax on goods and services and other public law burdens. The given prices of the Goods do not include the costs of their shipment, pursuant to the provisions of Chapter IV.
3. The Customer is obliged to pay the price for the ordered Goods, according to his choice:
• by bank transfer, via electronic payment made in the Store's payment system before delivery of the Goods, however, failure to receive the payment to the account of Łukasz Jemioł or intermediaries in the transaction (electronic payment service) within 2 days of placing the order will result in the cancellation of the order, and the date of receipt of the payment shall be the date of receipt of the payment by Łukasz Jemioł or an intermediary.
• credit card
• by paying the amount due to the entity making the delivery of the Goods, in the case of choosing the cash on delivery option, subject to the provisions of Chapter V, section 3a of the Regulations
3a. The customer ordering Goods for delivery outside the Republic of Poland is obliged to pay the price for the ordered Goods according to his choice:
◦ by bank transfer, via electronic payment carried out in the Store's payment system before delivery of the Goods, however, failure to receive the payment to the account of Łukasz Jemioł or intermediaries in the transaction (electronic payment service) within 2 days of placing the order will result in the cancellation of the order, and the date of receipt of the payment shall be the date of receipt of the payment by Łukasz Jemioł or an intermediary.
◦ by credit card
4. Łukasz Jemioł reserves the right to make any changes to the prices of the Goods posted in the Store, to post new Goods for sale, to carry out and cancel promotional campaigns on the Store's website, or to make changes to them in accordance with the applicable provisions of generally applicable law.
5. Shipping costs are available at jemiol.com/pl/wysylka
VI. WARRANTY, CLAIMS AND RETURNS
1. Łukasz Jemioł ensures that the Goods offered in the Store are brand new and original.
2. Łukasz Jemioł as a seller is liable to the Customer who is a consumer within the meaning of art. 22(1) of the Civil Code for physical and legal defects of the sold item.
3. Łukasz Jemioł takes steps to ensure the proper functioning of the Store, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by customers within a reasonable time.
4. Each Good purchased in the Store may be subject to a complaint subject to the deadlines and conditions for complaints specified by law. Complaints can be submitted by post by returning the Goods together with a written description of the defect or a complaint form downloaded from the Store's website and the order number in the Store, by registered mail or other form of delivery, to the following address: Online Order Service Office, ul. Elektoralna 12A, 00-139 Warsaw, with the note: "Complaint e-shop www.jemiol.com". The customer will receive information about the method of considering the complaint within 14 days from the day following the receipt by the Store of the shipment containing the complained Goods. In the case of a positive consideration of the complaint submitted by post, Łukasz Jemioł will send to the Customer a full-fledged Good (repaired or replaced with a new one), and in the case
5. In the event of a positive consideration of the complaint submitted by post, Łukasz Jemioł will send the Customer a full-fledged Good (repaired or replaced with a new one), and if the exchange for a new Good is impossible (e.g. when stocks are exhausted), the Store will refund the Customer the full amount the price of the Goods paid. In the event of a positive consideration of the complaint, the Store undertakes to cover the shipping costs incurred by the Customer, including the cost of the cheapest shipment.
6. If the complaint is not considered by the Store, the Goods will be sent back together with an opinion on the unfoundedness of the complaint.
7. A customer who is a consumer within the meaning of art. 22(1) of the Civil Code has the right to withdraw from the sales contract without giving a reason within 14 days from the date of receipt of the Goods and return the Goods as soon as possible, but not later than within 14 days from the date of receipt of the withdrawal from the sales contract. In order to withdraw from the contract for the sale of Goods, the Customer should submit a statement of withdrawal from the contract. The customer has the option of using the form provided by Łukasz Jemioł for this purpose. In order to withdraw from the contract, the Goods should be returned to the following address: BIURO, ul. Elektoralna 12A, 00-139 Warsaw, with the note: "Return e-sklep www.jemiol.com", at the expense and risk of the Customer, in an unchanged state. Cashback for the order including the cost of the cheapest shipment at www.jemiol.com, will take place immediately within 14 days from the date of receipt of the Goods or delivery of proof of its return; whichever occurs first, in the manner in which the Customer made the payment. We make refunds using the same method as the payment was made (PayU, PayPal or refund to a bank account). With the consent or at the Customer's request, the payment may be returned to the bank account indicated by the Customer.
8. A customer who is a consumer within the meaning of art. 221 of the Civil Code has the right to exchange the product purchased in the online store www.jemiol.com without giving any reason within 14 days from the date of receipt of the Goods. Exchange is possible only for a product of the same or higher price. The Customer is obliged to submit a written statement on the replacement of the product according to the form provided by Łukasz Jemioł, and then send the Goods to the following address: BIURO, ul. Elektoralna 12A, 00-139 Warsaw, with the note: "Wymiana e-sklep www.jemiol.com", at the expense and risk of the Customer, in an unchanged state.
9. Each Good purchased in the Store at a bargain price, on promotion during the sale period or during a promotional campaign can be returned. The Customer is obliged to return the Goods according to the Return procedure.
VII. INFORMATION ON SERVICES PROVIDED ELECTRONICALLY
1. The store provides the following electronic services to customers:
▪ Enabling the conclusion of online contracts for the sale of Goods in the Store in accordance with these Regulations,
▪ Enabling the creation of Customer accounts in the Store,
▪ Sending ordered commercial information regarding the Goods.
2. The Customer is entitled to withdraw from contracts for the sale of Goods in accordance with the relevant provisions of law and on the terms set out in these Regulations. In addition, the Customer is entitled at any time to demand that the Store cease to provide the services indicated in paragraph 1 lit. to beat).
3. The technical conditions for the provision of services by the Store electronically are as follows:
▪ access to the Internet electronic network,
▪ using a web browser that allows you to edit hypertext documents, e.g. Internet Explorer, Chrome, Opera, FireFox or similar,
▪ having an e-mail account.
4. Comments on the functioning of the Store may be submitted by sending a message to the e-mail address of the Store: marketing@jemiol.com. The Customer's note should contain the designation of the service recipient and a short description. The Store will make every effort to ensure that the submitted comments are considered as soon as possible, but not later than 14 days from the date of receipt of the message by the Store. The Customer will be notified about the manner of consideration of the comment in the form of an e-mail.
5. Łukasz Jemioł informs that depending on the settings of the Customer's web browser, he may introduce cookies to the ICT system used by the Customer, which are not a component of the content of the services provided by the Store, and which enable subsequent identification of the Customer entering the Store's website and are used by the Store to facilitate the use of the Store by the Customer, as well as to monitor Customer traffic on the Store's website. The customer may at any time disable the use of cookies by the Store through the appropriate settings in his web browser.
VIII. FINAL PROVISIONS
1. Łukasz Jemioł is the administrator of the personal data of the Store's customers.
2. The Administrator ensures that he takes all legal and technical as well as organizational measures to protect Customers' personal data, in particular to prevent access by unauthorized persons, in order to ensure the highest standard of protection of personal data provided by the Customer when using the website.
3. Full information on the methods, rules and purposes of processing Customers' personal data can be found in the privacy policy posted on the Store's website.
4. If you choose the method of delivery using the courier service, your personal data will also be processed by the carrier in order to provide services.
5. Failure to accept the provisions of these Regulations makes it impossible to purchase any Goods offered by the Store. The Store will enable the Customer to read the Regulations before ordering the Goods. Customers who have an account in the Store will be informed about the change in the Regulations via e-mail correspondence to the e-mail address indicated by the Customer. The Customer who does not accept the changes introduced in the Regulations has the right to delete the account in the Store at any time.
6. The applicable provisions of Polish law shall apply to the contract for the sale of products in the Store, which does not affect the rights of consumers under generally applicable law. The contract for the sale of Goods is concluded in Polish.
7. Łukasz Jemioł reserves the right to make changes to the Regulations. Amendments to the Regulations come into force within 7 days from the moment of their publication on the Store's website. Any changes to the Regulations apply to orders for Goods placed after amending these Regulations, subject to the provisions of paragraph 3.