TERMS AND CONDITIONS OF THE ONLINE STORE
The jolash.pl online store cares about consumer rights. A consumer cannot waive the rights granted to him in the Consumer Rights Act. Provisions of agreements less favourable to a consumer than the provisions of the Act on Consumer Rights are invalid, and the provisions of the Act on Consumer Rights shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the consumer's rights under the mandatory provisions of the law, and any doubts that may arise must be translated in favour of the consumer. In the event of any conflict between the provisions of these Terms and Conditions and the above provisions, those provisions shall prevail and shall apply.
CONTENTS:
1. GENERAL CONDITIONS
2. DEFINITIONS
3. CUSTOMER ACCOUNT
4. PLACING OF ORDERS - CONCLUSION OF THE CONTRACT
5. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
6. DELIVERY
7. COMPLAINT PROCEDURE
8. CHANGE, CANCELLATION OF THE ORDER AND WITHDRAWAL FROM THE CONTRACT
9. PERSONAL DATA IN THE ONLINE SHOP
10. FINAL PROVISIONS
I.GENERAL CONDITIONS
1. The internet shop owned by JoLash (hereinafter referred to as the Company, Shop, E-shop), located on the website at www.jolash.pl (hereinafter referred to as the e-shop or e-shop) may be purchased via the Internet.
2. The prices of all goods in the online store are given in Polish zloty (PLN) and are gross prices (including VAT).
3. The price shown next to the product at the time of order is binding.
4. The presented prices of products in the store are only an invitation to submit offers within the meaning of Article 71 of the Civil Code and do not constitute an offer within the meaning of Article 66 paragraph 1 of the Civil Code.
5. The owner of the online store is JoLash (Company, Shop) entered in the business register of JoLash, Wrocławska 22 B, 67-100 Nowa Sól, NIP: 9252001073, REGON: 520777217, e mail: info@jolash.pl
6. The products sold in the JoLash store are for professional use only and it is necessary to have appropriate qualifications for their use.
7. The JoLash trademark is registered.
II. DEFINITIONS
1 Workday - one day from Monday to Friday, excluding public holidays and public holidays.
2. REGISTRATION FORM - a form available in the Online Store which enables the creation of a Customer Account.
3. Buyer - a User who has concluded a Sales Agreement as part of the Store.
4. ACCOUNT - Electronic Service, marked with an individual name (login) and password given by the Customer, a set of resources in the Service Provider's ICT system, in which the data given by the Customer and information on Orders placed by him/her in the Online Shop are collected.
5. PRODUCT - a movable item available in the Online Store which is the subject of the Sales Agreement between the Client and the Seller.
6. Regulations - these Online Shop Regulations referred to in article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
7. INTERNET SHOP - Service Provider's Internet shop available at the following Internet address: www.jolash.pl.
8. SELLER; SERVER - JoLash company entered in the business register of JoLash, Wrocławska 22 B, 67-100 Nowa Sól, Tax Identification Number (NIP): 9252001073, REGON: 520777217.
9. SALE AGREEMENT - a contract of sale of the Product concluded or concluded between the Customer and the Seller through the Online Store.
10. CUSTOMER - a natural person or a company having full capacity to perform legal actions, and in cases provided for by generally applicable regulations also a natural person having limited capacity to perform legal actions; a legal person; or an organizational unit without legal personality, to which legal capacity is granted by law; - using or intending to place an order.
11. Order - a declaration of will of the Customer made by means of the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
III. CLIENT'S ACCOUNT
1. The Customer may create an individual Customer Account in the Store. However, setting up a Customer Account is not required to make a purchase in the Store.
2. The opening of a Customer Account shall be tantamount to the conclusion by the Customer and the Seller of an agreement on the provision of electronic services under the terms of these Regulations.
3. When setting up a Customer Account, the Customer shall fill out a dedicated form providing: personal data such as: name, surname, address, contact telephone, as well as e-mail address and password, which constitute Authorization Data for verification of the Customer on the website of the Store's Internet Service. The Ordering Party's data is remembered in the Store's Customer Account.
4. After entering the registration data, the Customer is required to read the Terms and Conditions, the acceptance of which is a condition for placing an Order.
5. The establishment of the Customer Account is confirmed by the Seller via e-mail.
6. By completing the registration form, the Customer declares that the data provided in it is complete and consistent with the facts, that it does not violate the rights of third parties, that it has read the Regulations and undertakes to comply with them, as well as agrees to the processing of its personal data in the scope of these Regulations.
7. By completing the registration form, the Customer agrees to receive information and confirmations related to Orders placed in the Store (without commercial information unrelated to the subject of the concluded Sales Agreement, unless he or she has consented to it) by e-mail to the mail account provided during registration.
8. The Customer is responsible for the security and proper use of Authorization Data, which should be kept confidential. If there are circumstances indicating a suspicion that the Customer's Authorization Data has been held by an unauthorized person, the Customer is obliged to immediately notify the Seller of this fact. The Seller shall not be liable for damages related to the disclosure of the Authorization Data by the Client.
9. After registration, the Customer may at any time log into the Customer Account and make changes to the data provided by him.
10. In order to remove the Customer's Account from the Store should be sent an email to info@jolash.pl with a request to remove the Customer's Account together with the email address currently registered in the Store.
11. no more than one Customer Account may be opened in the Store at the same e-mail address
IV PLACING OF ORDERS - CONCLUSION OF CONTRACT
1. The user has the ability to make orders in the store 24 hours/7 days a week/365 days a year, subject to the other provisions of the Regulations, in particular those relating to technical breaks.
2. Users have the opportunity to use the Store, including the conclusion of Agreements, after registration in the Store. There is also the possibility of individual agreement on the characteristics of the goods between the Buyer and the Seller, provided that such changes are possible due to the nature of the goods.
2. Before placing an order, the user places in a virtual shopping cart selected by him/her, which intends to purchase. The virtual shopping cart is a tool that allows the User to aggregate selected goods before purchase, convert the value of the goods stored in the basket and calculate the cost of delivery. During the selection of goods the User can freely manage the content of the basket by adding more goods to the basket or removing them from the basket.
4. After the final selection of goods to be purchased, the User is directed to the online form used to place orders in the Store. The form for placing an order can be composed of component forms used to determine:
a. delivery address,
b. the method of delivery,
c. the method of payment for the goods.
5. Placing an order constitutes an offer within the meaning of the Civil Code, made by the User of the Seller. After receiving an order, the Seller verifies whether the order was placed correctly (in accordance with the provisions of the Regulations). If the Seller finds that the order has been placed incorrectly, the Seller shall inform the User about it.
6. Special attention should be paid when giving the shipping data and invoice data by the Buyer as these data are not subject to change after making purchases.
7. After placing a correct order, the Seller shall immediately (not later than within 3 working days) send the User information about the acceptance of the order (acceptance of the offer) to the e-mail address (e-mail) provided when placing the order. The agreement is concluded as soon as the Seller sends the User information about accepting the order.
V METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
1. All prices of the Goods in the Store's offer are expressed in Polish zloty and include VAT at the appropriate rate.
2. The price given for each Merchandise is binding from the moment the Customer places an Order. The price binds both the Client and the Seller.
3. Each Order is issued with a VAT invoice or receipt whose data given by the Buyer is not subject to change.
4. In the case of issuing a VAT invoice, the Customer authorizes the Seller to issue a VAT invoice without the recipient's signature.
5. The Customer may choose the following forms of payment for the ordered Goods:
a. cash on delivery (payable to the Supplier) - on the day of delivery of the shipment
b. electronic payment via the Przelewy24 service - it is possible to pay by payment card or on-line banking - on the day of placing the Order. Electronic payments are handled by the service Przelewy24 belonging to the DialCom24 Group. More information on the method of payment execution can be found at http://www.przelewy24.pl/ (the payment card operator is PayPro SA Settlement Agent, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under the number KRS 0000347935, NIP 7792369887, Regon 301345068).
c. through a Paypal account
6. In the case of choosing by the Customer payment Przelewy24, the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement.
7. In the case of choosing by the Customer payment against cash on delivery upon receipt of the consignment, the Customer is obliged to make payment upon receipt of the consignment.
VI DELIVERY
1. The ordered Goods are delivered to the Customer through the Supplier to the address indicated in the order form under "Shipping Data".
2. It is necessary to unpack the package in the presence of the Supplier to check the condition and quantity of products inside. If the Customer finds that the Goods have been lost or damaged during shipment, the Customer is obliged to perform the actions necessary to establish the responsibility of the Supplier. Pursuant to art. 74 section 3 of the Transport Law Act (Journal of Laws of 2012, item 1173) immediately after receiving the parcel, in the presence of the Supplier. The Customer has the right to demand from the Supplier to draw up a protocol in case of loss or damage of the consignment which cannot be noticed from the outside during collection. Writing down the protocol in the presence of the Supplier is the basis for the complaint procedure in case of irregularities.
3. Payment for the Goods and formalities related to the settlement of purchases sent on delivery are made in the place of receipt of the ordered Goods and are conducted by an employee of the Supplier.
4. The cost of delivery of the ordered Merchandise is each time given during the assembly
Orders by the Customer on the Website.
5. The delivery date of the ordered Goods is a maximum of 14 working days from the date of submission
Orders. Typical delivery time is 1-3 working days.
6. The Seller shall attach a VAT invoice or a receipt covering the subject of the Order only in the Internet form to the e-mail address. The VAT invoice is also available on the Customer's account in the online store.
7. In the case of the absence of the Customer at the address indicated by the Customer, indicated in the order form under the item "Shipping Details", the Supplier will leave a notice. The Supplier will make another attempt to deliver the shipment, after which it will be sent back to the Seller. This does not release the Client from the obligation to pay for the ordered Goods, which may be collected by the Client at the Seller's office or sent to the Client again after the Client has ordered a new shipment. Due to the situation described in the previous sentence, it will be possible to pay an additional fee for re-sending the Goods to the Client. The Customer will be immediately informed about this fact.
VII. COMPLAINT PROCEDURE
1. The Purchaser may submit complaints to the Seller regarding the ordered goods.
2. The Buyer may submit a complaint, inter alia, by e-mail, traditional mail or through the form available on the website www.jolash.pl.
3. The goods under complaint should always be accompanied by a proof of purchase or its copy, a description of the defect in the goods, the date of its occurrence and the Buyer's request.
4. The Buyer will be informed about the resolution of the complaint within 14 days from the date of receipt by the Seller of the complaint via e-mail or post. Lack of response from the Seller after the expiry of the deadline indicated in the previous sentence shall result in recognition of the complaint as justified.
5. Costs related to the complaint procedure shall be covered by the Seller.
VIII AMENDMENT, CANCELLATION OF THE ORDER AND WITHDRAWAL FROM THE CONTRACT
1. The Client may resign from the whole order until the moment when the Goods have not yet been sent by telephone contact with the JoLash store staff, which is open from 9:00 a.m. to 4:00 p.m. (telephone number 884 024 104 for stationary and mobile phones - fee at the operator's rate).
2. The Client shall have the right to withdraw from the contract, without giving reasons, by making a relevant statement in writing or by e-mail within 14 days from the date of taking possession of the Goods by the Client or a third party other than the carrier indicated by the Client. In the case of a contract which includes multiple Goods which are delivered separately, in batches or parts, the period for withdrawal from the contract starts from taking possession of the last Goods, batch or part. The Goods must be unsealed and brand new.
3. The statements of withdrawal from the contract in the Online Store may be made in writing (to the address: JoLash ul. Wrocławska 22 B, 67-100 Nowa Sól) or by e-mail {address e -mail: info@jolash.pl }.
4. The Seller shall immediately send to the Client by e-mail a confirmation of receipt of the statement of withdrawal from the contract submitted electronically.
5. The Seller shall immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the agreement, return payments made by the Client to JoLash, excluding costs of delivery of the Goods to the Client. The Client shall bear direct costs of returning the Goods.
6. The payment shall be returned using a bank transfer.
7. The Client shall be obliged to return the Goods to JoLash immediately, but no later than 14 days from the day on which he withdrew from the Agreement. To meet the deadline, it shall be sufficient to return the Goods before its expiry.
8. JoLash shall return the payment after receiving the Goods back from the Client.
9. the Goods shall be sent to the address: JoLash, Wrocławska 22 B, 67-100 Nowa Sól together with a VAT invoice or other document confirming the purchase of the Goods in the Online Store.
IX. PERSONAL DATA IN THE ONLINE STORE
1. The Seller shall be the administrator of the personal data of the Customers/Users collected through the Online Store.
2. Personal data of Clients/Users collected by the administrator via the Online Store is collected - at the will of the Client/User - for the purpose of performing a Sales Agreement or contract for the provision of an Electronic Service.
3. Possible recipient of personal data of customers of the Online Store:
a. In the case of a Customer who uses the method of delivery by courier service in the Online Store, the Administrator shall make the collected personal data of the Customer available to a selected carrier or intermediary carrying out shipments on behalf of the Administrator.
b. In the case of a Customer who uses the method of electronic payment or payment card in the Online Store, the Administrator shall make the collected personal data of the Customer available to a selected entity handling the above payments in the Online Store.
c. The Service Recipient/Customer has the right to access and correct their data. A request in this respect may be made for example:
d. Writing to the following address: JoLash, Wrocławska 22 B, 67-100 Nowa Sól
e. Enter DATA EDITION in electronic form by e-mail to: info@jolash.pl of the message;
4. providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement or an agreement for the provision of Electronic Services results in the impossibility of concluding such an agreement. The data necessary to conclude a Sales Agreement or an agreement for the provision of an Electronic Service are also indicated each time on the website of the Online Shop before concluding a given agreement.
X. FINAL PROVISIONS
1. The contracts concluded through the Online Shop are concluded in the Polish language.
2. In matters not covered by these Regulations, the generally applicable provisions of Polish law apply, in particular: Civil Code; Act on the provision of electronic services of 18 July 2002. (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers - provisions of the Act on Consumer Rights of 30 May 2014. (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.