TERMS AND CONDITIONS OF THE WWW.JEMIOL.COM ONLINE STORE
I. INTRODUCTORY PROVISIONS
1. JEMIOŁ SPÓŁKA KOMANDYTOWA with its registered office in Warsaw, at Okólnik 11A lok. 71, 00-368 Warsaw, registered by the District Court in Warsaw, XII Commercial Division of the National Court Register under the number KRS 0000976850, NIP 5252911844, REGON 52229324500000, represented by Łukasz Marek Jemioł, enables the purchase of fashion clothes and accessories ("Goods") using the Internet electronic network (on-line) - at www.jemiol.com ("Store").
2. The provisions of these Regulations ("Regulations") apply to all users of the Store www.jemiol.com 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 the 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 on the Store's website at the address indicated in paragraph 1.
4. Information about the Goods in the Store, including their prices, constitutes an invitation to submit an offer to conclude a sales contract within the meaning of Art. 71 of the Act of 23 April 1964 Civil Code ( i.e. 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. The goods in the Store are marked in detail. The website contains information on their properties, price, material, etc., and their characteristics. The photos and stylizations of the offered Goods are intended to present the specifically indicated models, which does not prejudice the provisions of paragraph 4
II. RULES OF USING THE STORE AND CONCLUSION OF THE SALE 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 ("Customer") and Łukasz Jemioł
3. Consolidation, security and disclosure of essential provisions of the 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 ordering the Goods should be consistent with the facts and the law. Łukasz Jemioł reserves the right to refuse the order if the data and information provided are inconsistent with the actual or legal status, and also if they prevent in any way the fulfillment of the order and the delivery of the shipment containing the Goods. Before refusing to implement, Łukasz Jemioł will try to contact the customer in order to determine the correctness of the data in the scope enabling the fulfillment of the customer's order.
6. The customer using the Store is obliged to:
• not to provide and not to forward 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 sending or placing unsolicited commercial information within the Store;
• use the Store in a way that is not inconvenient for other customers;
• not to use the content of the Store's website for personal use, including copying its content and using it for commercial purposes.
III. CONCLUSION OF THE SALES CONTRACT
1. Conclusion of a sales contract between Łukasz Jemioł and the customer through one of the selected methods:
• 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. Shops offer two options for placing an order for goods, one using the Customer's 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 to fill in all the required data necessary for shipment 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 Store's available offer, their colors, sizes and quantities by adding them to the "Cart" item.
7. Until the selection of the 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 button "Confirm the order" (or "Order with the obligation to pay" after selecting the payment method "Pay") is the Customer's offer submitted to Łukasz Jemioł regarding the conclusion of the 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 (e-mail) containing information on the item in the order, the quantity of Goods, the value of the order, the selected type of delivery and payment, the time of order fulfillment and data contact details of the client. The message confirms that the Store has received the Customer's purchase offer.
10. The store sends the confirmation of the order or the refusal to accept the order, the Customer's offer, submitted via the store, by e-mail or by phone, to the e-mail address provided by him. Confirmation of the order is an e-mail confirming the shipment of products to the address provided. Upon receipt of the confirmation of the acceptance of the offer from the Store, the contract of 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 violating the Customer's statutory right to withdraw from the contract for the sale of Goods, the Customer has the right to withdraw from the order before receiving the confirmation of the purchase offer from the Store, ie before receiving the e-mail confirming the 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 the 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 working days of placing the order.
14. If the payment for the placed order is not made 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 situations, the order fulfillment time is confirmed by an employee of the Store during contact with the Customer, subject to paragraph 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 fees for the delivery of the Goods are given in the ordering process. Subject to paragraph 5, the expected delivery time is 7 business days from the day following the shipment. The total and maximum deadline for completing the order for the Goods should not exceed 21 business days and 30 days from the date of concluding the contract for the sale of the Goods. The commencement of the Customer's order fulfillment 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 payment method as an online prepayment - i.e. using the PayU payment service or online bank transfer.
3. All shipments containing the ordered Goods are carried out by insured courier.
V. PRICES AND PAYMENT METHODS
1. Information about 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 Customer's order 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 implementation. orders. The price does not change regardless of price changes in the Store that may occur after the order is confirmed, including as a result of the launch of promotional or sale campaigns. Placing an order until the goods have been shipped is an offer to buy.
2. Prices of 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, in accordance with 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 the delivery of the Goods, but failure to receive the payment to the account of Łukasz Jemioł or entities intermediating in the transaction (electronic payment service) within 2 days of placing the order, will invalidate the order, and the date of receipt of the payment is the date of receipt of the payment by Łukasz Jemioł or an intermediary entity.
• credit card
• by making the payment to the entity delivering the Goods, in the case of selecting the cash on delivery option, subject to the provisions of Chapter V, paragraph 3a of the Regulation.
3a. A customer ordering Goods with delivery outside the territory of the Republic of Poland 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 the delivery of the Goods, and failure to receive the payment to the account of Łukasz Jemioł or entities intermediating in the transaction (electronic payment service) within 2 days of placing the order, will invalidate the order, and the date of receipt of the payment is the date of receipt of the payment by Łukasz Jemioł or an intermediary entity.
◦ by credit card
4. Łukasz Jemioł reserves the right to make any changes to the prices of the Goods placed in the Store, to post new Goods for sale, to carry out and cancel promotional campaigns on the Store's websites, or to introduce changes to them in accordance with the applicable provisions of generally applicable law.
available at jemiol.com/pl/faq
VI. WARRANTY, COMPLAINTS AND RETURNS
1. Łukasz Jemioł ensures that the Goods offered in the Store are brand new and original.
2. Łukasz Jemioł as the 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 that the Store functions properly, 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 Product purchased in the Store may be subject to a complaint in compliance with the terms and conditions of the complaint specified by law. Complaints may be submitted by mail 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 shipment, to the following address: Online Order Service Office, ul. Elektoralna 12A, 00-139 Warsaw, with the annotation: "Complaint e-shop www.jemiol.com". The customer will receive information on the method of considering the complaint within 14 days from the day following the receipt by the Store of the parcel containing the goods complained about. In the event of a positive consideration of the complaint submitted by post, Łukasz Jemioł will send the Customer a full-fledged product (repaired or replaced with a new one), and in the event that it is impossible to replace it with a new product (e.g. when stocks are exhausted), the Store will refund the full amount of the price paid to the Customer. The goods.
5.If the complaint submitted by post is approved, Łukasz Jemioł will send the Customer the full value Goods (repaired or replaced with a new one), and in the event that it is impossible to replace the Goods with a new one (e.g. when stocks are exhausted), the Store will refund the full amount to the Customer. the paid price of the Goods. In the event of a positive consideration of the complaint, the Store undertakes to cover the shipping costs incurred by the Customer, taking into account the costs of the cheapest shipment.
6. If the complaint is not accepted by the Store, the Goods will be sent back together with the opinion as to the unjustified nature 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 any reason within 14 days from the date of receipt of the Goods and return the Goods as soon as possible , but not later than on time. 14 days from the date of receipt of the withdrawal from the contract of sale . In order to withdraw from the contract of sale of the Goods, the Customer should submit a declaration of withdrawal from the contract . The customer may use the form provided by Łukasz Jemioł for this purpose . In order to withdraw from the contract, the Goods must be returned to the following address: BIURO, ul. Elektoralna 12A, 00-139 Warsaw, with the annotation: "Return e-shop www.jemiol.com", at the cost and risk of the customer, unchanged. Order refunds including the cost of the cheapest shipment on www.jemiol.com, will be made immediately within 14 days from the date of receipt of the Good or delivery of proof of its return ; depending on which on which event 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 a return to a bank account). With the consent or at the request of the Customer, refund of the payment maybe be made 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 replace 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 price or higher. 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 annotation: "Exchange e-shop www.jemiol.com", at the cost and risk of the customer, unchanged.
9. Each Product purchased in the Store at a bargain price, during a promotion during the sale period or a promotional campaign may be returned. The Customer is obliged to return the Goods according to the Return procedure.
VII. INFORMATION ON ELECTRONIC SERVICES
1. The Store provides the following services to customers by electronic means:
▪ Enabling on-line conclusion of contracts for the sale of Goods in the Store in accordance with these Regulations,
▪ Enabling the creation of Customer accounts in the Store,
▪ Sending the 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 ceases to provide the services indicated in paragraph 1 (a). to beat).
3. The technical conditions for the provision of services by the Store by electronic means 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 Store's e-mail address: email@example.com. The customer's note should include the customer's name 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 by e-mail about the method of considering the comments.
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, technical and organizational measures to protect the personal data of customers, in particular to prevent access by unauthorized persons, in order to ensure the highest standard of protection of personal data provided by the customer during the use of the website.
4. If you choose the delivery method using the courier service, your personal data will also be processed by the carrier in order to provide its services.
5. Failure to accept the provisions of these Regulations makes it impossible to make any purchase of the Goods offered by the Store. The store will enable the customer to read the Regulations before placing an order for the Goods. Customers who have an account in the Store will be informed about the change in the Regulations via e-mail to the e-mail address provided by the Customer. A 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 provisions of Polish law shall apply to the contract for the sale of products in the Store, which does not infringe the rights of consumers under the generally applicable provisions of 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 date of their publication on the Store's website. Any changes to the Regulations apply to orders for Goods placed after the amendment of these Regulations, subject to the provisions of paragraph 3.