TERMS & CONDITIONS

jemiol.com

The online store operating at www.jemiol.com is operated by JEMIOŁ SPÓŁKA KOMANDYTOWA, with its registered office in Warsaw, Okólnik 11A /71, 00-368 Warsaw, entered in the National Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Department of the National Court Register under KRS number: 0000976850, NIP: 5252911844, REGON: 5222932450, hereinafter referred to as the "Seller".

Contact with the Seller can be obtained (working hours of the Store 8-16 on business days):

- by phone: +48 669 207 203 (the fee is the same as for a regular phone call, according to the tariff package of the service provider used by the Customer),

- using the e-mail address - online@jemiol.com,

- using the contact form, located on the site,

- using the active chat room provided within the site.

§ 1 GENERAL PROVISIONS

1. 1.The following meaning for words is established:

a.REGULATIONS - these rules and regulations,
b.CUSTOMER - a natural person, legal person or organizational unit without legal personality but with legal capacity, who, under the terms of these Regulations, makes an Order in the Online Store,
c.ENTREPRENEUR WITH CONSUMER'S PRIVILEGES - a natural person with the status of an entrepreneur, entered in the CEIDG register, who makes an Order in the framework of his/her business activity, but without relation to the professional nature of this activity. This status applies only to customers with a place of delivery or registered office in Poland.
d.CONSUMER - Customer who is a natural person using the Online Store for the purpose not directly related to his/her business or professional activity,
e.GOOD, PRODUCT - a movable item, presented in the Online Store, to which the Sales Agreement applies,
f.AGREEMENT FOR SALE - a contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer, using the website of the Store,
g.INTERNET STORE (SHOP) / SELLER - Internet service available at www.jemiol.com, through which the Customer may place an Order,
h.ORDER - the Customer's declaration of will specifying unambiguously the type and quantity of Goods, aiming directly at the conclusion of the Sales Agreement.

2.The object of the Store is to sell products currently in the assortment and to enable the Customer to place Orders for the offered products through the website. The use of this service is possible after registration and logging in of the Customer in the Store or through a properly completed Order form without logging in. The Store allows free browsing of the Store's product range on the product pages.
3.Sales are carried out via the Internet between the Orderer as the buyer and the Store as the Seller.
4.Any customer purchasing products offered by the Store is obliged to familiarize himself with the content of these Regulations.

§ 2 TECHNICAL CONDITIONS FOR PLACING ORDERS

1. Technical requirements necessary to use the services of the Store:

a) Internet connection,

b) a properly configured browser,

c) a current, active and correctly configured e-mail account,

d) cookies and Java Script enabled

e) a program to read PDF files.

2. If the Customer uses hardware or software that does not meet the technical requirements specified above, the Store does not guarantee the proper functioning of the service and stipulates that this may adversely affect the quality and course of the procedure for placing an Order.

3. The Customer may subscribe to the Store's newsletter, i.e. a periodic dispatch of information about the Store's products and services. In order to subscribe to the newsletter, the Customer enters his/her e-mail address in the newsletter form on the Store's website, at the same time confirming consent to the processing of his/her personal data for this purpose and directing promotional content to the provided e-mail. The newsletter can be unsubscribed from at any time, and for this purpose the Customer is asked to submit an unsubscribe statement via the Store's e-mail: online@jemiol.com or by selecting the unsubscribe link in the e-mail delivered with the newsletter.

§ 3 REGISTRATION

1.Registration in the Store is free of charge and optional.
2.Registration in the Store takes place on the basis of a properly completed registration form, in which the Customer provides the necessary identification data (name, surname), e-mail address and password; accepted, current Rules of the Store and a statement of consent to the processing of personal data to the extent necessary for the proper implementation of the Customer's Orders. Account registration can also be done by unchecking the appropriate box in the process of placing an Order. A message confirming the creation of an account will be sent to the Customer's e-mail address placed in the registration form. Upon receipt of the message confirming registration, a contract for account maintenance between the Customer and the Store is concluded.
3.After registration in the Store, logging in takes place using the data provided in the registration form or changed based on a subsequent request by the Customer.
4.In order to remove the Customer's account from the Store (termination of the contract), it is necessary to send an e-mail with a request to remove the account to the e-mail address: online@jemiol.com with the identification data of the Customer currently registered in the Store. The above does not apply to situations in which the Store is in the process of processing an Order placed by the Customer. In such a case, the effect of termination of the contract will occur when the Order in question is processed.
5.The Store allows placing Orders without registering and logging in the Store. For this purpose, each time in the process of placing an Order, the Customer is obliged to fill in an electronic form by entering the data required by the Store necessary for its identification and the conclusion and execution of the Sales Contract (name and surname, electronic mail address (e-mail), telephone number - optionally, delivery address). The Customer is obliged to accept the current Terms and Conditions together with a statement of consent to process personal data for the purposes of the Order. Failure to register with the Store means that the Customer does not have a Customer account, which allows access to automatic tracking of the Order.

§ 4 ORDERING

1.Information about the available assortment in the Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
2.The Customer, by placing an Order, makes an invitation to conclude a contract of sale of the ordered Products in the Store. The process of ordering a Product begins with the confirmation of the features of performance through the Product Page. The Customer is informed about the expected time of execution of the Order, the availability of the product, the price and methods of payment, as well as possible delivery options. In order to deliver the product, the Customer is required to provide his address information or verify it if he has previously registered an account. Before placing an order (by using the "Order with obligation to pay" button), the Customer confirms that he/she has familiarized himself/herself with these Regulations, together with consent to the processing of personal data for the purposes of the Order.
3.The Store sends confirmation of acceptance of the Order or refusal of the Customer's Order, placed through the Store, by e-mail or telephone, to the e-mail address indicated by the Customer. Confirmation of Order acceptance is an e-mail confirming the shipment of products to the indicated address.
4.The confirmation of acceptance of the Order sent by the Store to the e-mail address provided by the Customer shall constitute a statement of acceptance of the invitation referred to above. If, before the confirmation of the Order (the "Order with obligation to pay" button), the Customer terminates the use of the service in question and leaves the Store, the contract will not be concluded.
5.Customer purchasing as an entrepreneur, is required to provide Tax Identification Number when placing an Order, otherwise it is assumed that he buys as a Consumer.
6.Assessment whether the Customer who is an entrepreneur registered in the CEIDG register has the status of an Entrepreneur with consumer rights is made by the Store in relation to the individual case and on the basis of any statements made by the Customer in the course of Ordering Products
7.In order to place an Order, the Customer is obliged to select, from among the available in the Store: the ordered products, the method of delivery, the method of payment and indicate the delivery address. The selection is made by: selecting a product and adding it to the shopping cart.
8.The Customer may select an unlimited number of products for the Order from among the quantity of a given Product available for Orders, and will receive a summary of the selected Products in the Shopping Cart after proceeding to the Cart. If the quantity of Products is limited, the Store will mark such information on the product page.
9.The Store does not bear any responsibility for the incorrect provision of address data by the Customer. If it is not possible to confirm them, the Order will be cancelled and the money will be refunded.
10.The Store reserves the right to verify the order in the event of technical errors on the site, in particular for sudden and unplanned price changes resulting from a technical error. In this case, the Store will inform the customer about this fact and allow him to continue the Order in accordance with the appropriate price or withdraw from the contract with the refund of the funds paid.
11.As part of the Store's offer, pre-sale Products are available. These Products are purchased in the same way as the others, with the difference that they will be delivered to the Customer after the date indicated in the description, due to the need for their manufacture. After placing an order, the Store will as soon as possible confirm the exact date of delivery of the product to the customer. The Store reserves that the delivery date may be extended due to the Production of the ordered product and will inform the Customer on an ongoing basis.
12.In the case of unavailability of the Products covered by the Order in the warehouse, at the Store's suppliers or for other reasons and inability to fulfill the Customer's Order, the Store will notify the Customer of this fact no later than within 14 (fourteen) days, counting from the date of placing the Order. In this case, the Customer has the right to decide whether he agrees to carry out the Order within the period proposed by the Store or withdraws from the contract. If it is not possible to carry out part of the Order as mentioned above, the Customer is informed about the status of the Order and decides how to carry it out. The Customer can choose between:

a)partial fulfillment - the Customer's choice of this option results in the fulfillment of the Order concerning only available Products;
b)cancellation of the entire Order (withdrawal).

In the event of withdrawal from the contract, the Store will return to the Customer the amount paid as price. Notification will be sent to the e-mail address indicated by the Customer in the Order or registration form. If no decision is made within 7 (seven) days of notification, the Order will be cancelled in the part of the Products not available.

§ 5 PRICE OF PRODUCTS AND FORMS OF PAYMENT

1.The price listed next to each Product is binding at the time the Customer places an Order. The prices of the Goods displayed on the Store's website include VAT (if VAT is charged due to the place of delivery of the Goods) and do not include delivery costs. The price may include an individually calculated discount or rebate, assigned to the Customer in an automated manner - this information is provided in the summary of the Order.
2.Delivery of goods is carried out in the following variants offered in the Store:

a)via courier company (DHL),
b)via parcel machines from InPost.

Information on delivery costs is available in the ordering process before placing such Order.

3.Delivery costs will be included in the prices of the Products depending on the goods ordered and the Customer's choice of delivery method when placing the Order.
4.The Seller shall make available to the Customer the following methods of payment for the Products:

a)Traditional bank transfer,

b)Cash on delivery payment by card or cash, depending on the technical capabilities of the courier.

c)Electronic and credit card payments via Przelewy24.pl - payments are handled by PayPro Spółka Akcyjna with its registered seat in Poznań at ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, VIII Economic Department of the National Court Register under KRS number 0000347935, NIP number 7792369887, with a share capital of PLN 5,476,300.00, fully paid up, entered in the register of national payment institutions kept by the Polish Financial Supervision Authority under the number UKNF IP24/2014.

d)Electronic payments through the PayPal virtual wallet system - payment processing is carried out by PAYPAL POLSKA SPÓŁKA Z O.O. KRS: 0000289372, NIP: 5252406419, REGON 14110822500000 with registered office: 53 Emili Plater Street, 00-113 Warsaw,

e)Payments in the form of credit, installments and deferred payments in the PayPo system - payment processing is carried out by PayPo Sp. z o.o. with its registered office in Warsaw, address: 39 Domaniewska Street, Warsaw (postal code: 02-672), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under the number KRS 0000575158, with a share capital of PLN 1,075,650.00, NIP: 5213705997, REGON: 362485126, e-mail address: bok@paypo.pl, electronic delivery address AE:PL-48263-64036-THSCJ-22. PayPo is a lending institution registered in the register of lending institutions kept by the Financial Supervision Commission under number RIP000135 and a small payment institution registered in the register of small payment institutions kept by the Financial Supervision Commission under number MIP43/2019.

5.If an Order is made and a payment option other than cash on delivery is selected and the payment for that Order is not credited within three (3) days, the Order shall be cancelled. After three (3) working days from the completion of the Order, if the payment is not credited, the Customer will receive an e-mail reminder to make the payment.
6.W przypadku problemów technicznych przy składaniu Zamówienia Sklep skontaktuje się z Klientem w celu potwierdzenia zamówienia w ciągu 48 godzin. W przypadku braku potwierdzenia zamówienie zostanie anulowane.
7.The release of the Order shall take place at the time specified in the confirmation of the Order and accepted in advance by the Customer, but no later than within 30 (thirty) days from the date of conclusion of the contract.

§ 6 COMPLAINTS

1.The Store is obliged to deliver the Product in accordance with the contract and without defects, and to duly perform the agreed services.
2.The Store shall be liable for the lack of conformity of the goods with the contract existing at the time of delivery and disclosed within two years from that time, unless the term of usefulness of the Product, as determined by the Store, its legal predecessors or persons acting on their behalf, is longer. In doing so, it shall be presumed that the lack of conformity of the goods with the contract, which became apparent before the expiration of two years from the time of delivery of the Product, existed at the time of delivery of the Product, unless the contrary is proven or this presumption cannot be reconciled with the specifics of the goods or the nature of the lack of conformity of the goods with the contract.
3.In the case of contracts concluded with Consumers and Entrepreneurs with consumer rights, the Store shall be liable under warranty and/or contractual liability for services rendered. It is excluded in relation to the Customer with other status.
4.In case of defects in the delivered product or provided services, the Customer may file a complaint and inform the Store of the observed irregularities and document the irregularities in order to verify the objections. The complaint can be submitted electronically or in writing to the address of the Store.
5.The store undertakes to consider the complaint within 14 days from the date of its filing and to inform the Customer about the settlement and further proceedings in writing or by e-mail to the e-mail address provided in the complaint or on any other permanent medium.
6.If the Product is not in compliance with the contract, the Customer may request repair or replacement. The Store may replace the goods if the Customer has requested repair, or repair the goods when the Customer has requested replacement only if ensuring the conformity of the goods with the contract in the way originally chosen by the Customer is impossible or would require incurring excessive costs. If repair and replacement are impossible or would require excessive costs for the entrepreneur, he may refuse to bring the goods into conformity with the contract. In such a case, the customer may submit a statement to reduce the price or withdraw from the contract. When assessing the excessive cost to the Store, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the Product with the contract, the value of the Product in conformity with the contract and the excessive inconvenience to the Customer resulting from the change in the manner of bringing the Product into conformity with the contract.
7.The Customer may make a statement of price reduction or withdrawal from the contract if the Product is not in conformity with the contract when:

- - -The Store refused to bring the Product into conformity with the contract;
  - -The Store failed to bring the Product into conformity with the contract;
  - -the Product's lack of conformity with the contract continues even though the Store has tried to bring the Product into conformity with the contract;
  - -the lack of conformity of the Product with the contract is so significant that it justifies an immediate reduction of the price or withdrawal from the contract;
  - -it is clear from the Store's statement or circumstances that it will not bring the Product into conformity with the contract within a reasonable time or without undue inconvenience to the Customer.

8.The reduced price must remain in such proportion to the contract price as the value of the non-conforming goods remains to the value of the conforming goods. The store shall return the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 days from the date of receipt of the Customer's statement on price reduction.
9.The customer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant. It is presumed that the lack of conformity of the goods with the contract is material.
10.The store is obliged to repair or replace the goods within a reasonable time from the moment it is informed by the Customer of the lack of conformity with the contract, and without undue inconvenience to the Customer, taking into account the specific nature of the goods and the purpose for which the Customer purchased them. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be borne by the Store. The Customer is obliged to make the Product subject to repair or replacement available to the Store. The Store collects the goods from the Customer at its own expense. The Store does not accept shipments sent back cash on delivery. In some cases, it is not necessary to send the advertised Product, and the Store may stop at the inspection of the photos provided by the Customer, which it will inform the Customer about after receiving the complaint notification.
11.The Customer shall not be obliged to pay for the mere use of the goods, which are subsequently replaced.
12.If the non-conformity with the contract applies only to some of the goods supplied under the contract may withdraw from the contract only with respect to these goods, as well as with respect to other goods purchased by the Customer together with the non-conforming goods, if the Customer cannot reasonably be expected to agree to keep only the goods conforming to the contract
13.In the event of withdrawal from the contract, the Customer shall immediately return the goods to the Store at its expense. The store shall return the price to the Customer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return, using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of return that does not involve any costs for the Customer.
14.In the event of a dispute between the Store and the Customer as to the legitimacy of the refusal to consider a complaint, the Customer, being a Consumer, has the right to use out-of-court means of processing complaints and claims. The customer may use mediation or amicable courts by providing the institution before which the proceedings will be held with an appropriate form - a request for mediation or a request for consideration of the case before an amicable court. A list of sample institutions with contact information is available at www.uokik.gov.pl. In addition, at http://ec.europa.eu/consumers/odr the Consumer has access to the settlement of consumer disputes electronically through the EU online platform (ODR platform). Such right is not available to the Entrepreneur with consumer rights.

§ 7 RIGHT OF WITHDRAWAL

1.Customer who is a Consumer or an Entrepreneur with consumer rights may withdraw from the contract without giving a reason within 14 days from the date of receipt of the shipment. He should then submit a statement of withdrawal from the contract and return the goods to the store. In order to submit a declaration of withdrawal, you can use the withdrawal form set out in the annex to the regulations. The deadline is considered to be met if the Consumer or Entrepreneur with consumer rights sends a statement of withdrawal in writing to the address of the Seller or electronically to e-mail: online@jemiol.com, at the latest on the last day of the 14-day period. The Store after receipt of the declaration of withdrawal in electronic form to the above-mentioned e-mail or postal address will immediately confirm its impact by sending information to the internet address of the withdrawing party. A statement of withdrawal from the contract submitted after the above-mentioned date does not have legal effects.
2.The Goods should be returned unchanged and complete, without traces of use, unless the change was necessary within the limits of ordinary management, i.e. the consumer or an entrepreneur with consumer rights should deal with the Goods taking into account the need for its possible subsequent return. He is responsible for the decrease in the value of the thing resulting from the use of it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the thing. If the returned goods are incomplete or bear traces of use beyond the ordinary management of the item, the store reserves the right to refuse to accept the shipment or reduce the returned amount by the equivalent of the damaged goods, at the choice of the store.
3.The right of the consumer or the Entrepreneur on the rights of the consumer to withdraw from the contract does not apply if the subject of the order concerns:

-provision of services for which the Consumer is obliged to pay the price, if the Entrepreneur has fully performed the service with the explicit and prior consent of the consumer, who was informed before the start of the service that after the performance of the service by the Entrepreneur will lose the right to withdraw from the contract, and;
-in which the subject of the service is non-prefabricated goods, manufactured to the specifications of the Consumer or to meet his individual needs;
-in which the subject of the service is Goods delivered in a sealed package, which after opening the package can not be returned for health or hygiene reasons, if the package was opened after delivery;
-in which the subject of the service are Goods that, after delivery, due to their nature, are inseparably connected with other things;

4.The returned Goods must be returned no later than within 14 days of withdrawal from the contract together with a statement of withdrawal to the address of the Store's warehouse, i.e. 12A Elektoralna Street, 00-139 Warsaw, Poland. The Consumer or an Entrepreneur with consumer rights bears only the direct costs of returning the product to the store (return costs). In case of return, the prices for the shipment from the date of return apply
5.In the event of withdrawal from the contract, all payments made by the Consumer or Entrepreneur with consumer rights, including delivery costs, will be transferred to the Consumer or Entrepreneur with consumer rights immediately, but no later than within 14 days from the date of receipt by the store of a statement of withdrawal from the contract.
6.The refund of payments made by credit card or electronic transfer is made to the bank account from which the payment was made, unless the Customer expressly submits another refund order that does not generate additional costs for him / her before making the refund (e.g. in the statement of withdrawal).
7.The Store may withhold the refund of payments received from the buyer until the buyer receives the ordered Goods back from the buyer or the buyer provides proof of its return, depending on which event occurs earlier.

§ 8 PROTECTION OF PERSONAL DATA

Postanowienia dotyczące ochrony danych osobowych Klientów przez Sprzedającego znajdują się w Polityce prywatności i cookies zamieszczonej na stronie Internetowej Sklepu. Provisions regarding the protection of personal data of Customers by the Store are contained in the Privacy Policy posted on the Store's website.

§ 9 FINAL PROVISIONS

1.For each Product sold by the Store, a VAT invoice or other settlement document in accordance with applicable tax regulations is issued. The VAT invoice is delivered electronically to the e-mail address provided by the Customer or in traditional form with the delivery of the Goods. At the same time, acceptance of the regulations constitutes consent to the sending of invoices in electronic form.
2.The applicable law is Polish law. Disputes arising between the Customer and the Store will be resolved by the court competent for the Store's Registered office, with the proviso that in relation to Consumers, these disputes will be resolved before the court competent under the rules of Civil Procedure. These Terms and conditions are subject to the provisions of Polish law and will be interpreted in accordance with them. These Terms and conditions do not limit any Consumer protection rights that you may have under the mandatory laws in your country of residence.
3.The Store reserves the right to change the terms and conditions. The Store will notify the registered Customers about the change of the terms and conditions by e-mail with the right to terminate the agreement within 14 days. Amendments to the regulations shall enter into force 14 days after notification. Orders placed before the date of entry into force of amendments to these regulations shall be executed on the basis of the provisions in force on the date of placing the order.

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Previous version of the Terms & Conditions