INTRODUCTION

 

1. These regulations specify the rules of making purchases in the online store – www.johnandmary.pl from JOHN AND MARY MARIA DYBOWSKA NIP: 5342600390, REGON: 383317645.
2. The Store offers for retail sale through the website handmade bags, wallets and other accessories, produced from natural leather. The above products are available through the Store in the form of finished products.
3. Detailed product information can be found at www.johnandmary.pl. The customer can contact the Store by phone and by e-mail at: info@johnandmary.pl.

 

DEFINITIONS

 

1. Seller/Personal Data Administrator – Maria Dybowska, running an online store under the name JOHN AND MARY MARIA DYBOWSKA, 12 Szarych Szeregów Street 05-820, Piastów, NIP: 5342600390, REGON: 383317645.
2. Online Store/Service – available at www.johnandmary.pl – an Internet platform consisting of graphical elements and software that enables the provision of electronic services to Users.
3. Sales contract – a contract concluded at a distance between the Customer and the Seller through the Online Store, the subject of which is the Goods,
4. Service – electronic services provided by the Seller through the Online Store,
5. User – any natural person using the Service,
6. Customer – a natural person, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, concluding an agreement with the Seller through the Website,
7. Consumer – a natural person making a legal transaction with the Seller that is not directly related to his economic or professional activity,
8. Goods – a product, a movable thing presented with a detailed description on the Website,
9. Privacy Policy – a document that is an appendix to these Terms and Conditions,
10. Regulations – this document,
11. Civil Code – the Act of April 23, 1964, Civil Code. (Journal of Laws of 2016, item 380, as amended), Consumer Rights Act – the Act of May 30, 2014 on consumer rights. (Journal of Laws, item 827, as amended).

 

GENERAL PROVISIONS

 

1. The User may access the Terms and Conditions at any time by „clicking” on the „Terms and Conditions” tab located on the Online Store website.
2. The vendor undertakes to provide the Services to the User to the extent and under the conditions specified in the Regulations.
3. The user undertakes to comply with these Regulations and to use the Online Store in accordance with applicable laws.
4. Information about the Goods in the Online Store, among other things, descriptions, prices, constitute an invitation to conclude a contract of sale within the meaning of Article 71 of the Civil Code.
5. Goods in the Online Store are marked in detail, in particular by indicating their characteristics, price, material from which they are made.

 

TERMS AND CONDITIONS OF USE OF THE ONLINE STORE

 

1. The Seller enables the conclusion of contracts for the sale of Goods via the Internet and provides other Services specified in the Regulations.
2. In order to start using the Online Store, you must read and accept the Terms and Conditions.
3. Failure to accept the provisions of the Terms and Conditions prevents the conclusion of the Sales Agreement.
4. The technical requirements to use the Services are:
   • having a device with access to the Internet
   • Use of an up-to-date version of the browser through which the web pages are displayed. We recommend using browsers such as Chrome, Firefox, Safari, Opera, Microsoft Edge, etc.
   • having an email account
5. The Seller, by means of the Online Store, provides Services consisting of enabling the conclusion of Sales Agreements.
6. The user is obliged to use the Online Store, in a manner consistent with its purpose and refrain from any activity that could interfere with its proper functioning.
7. The Seller shall take the necessary measures to ensure the correct and flawless functioning of the Website, in particular, taking into account the current technical knowledge, and undertakes to remove irregularities reported by Users on an ongoing basis.

 

CONCLUSION OF THE SALES CONTRACT

 

1. The Seller allows you to purchase Goods on the website of the Online Store, using the ordering procedure described below via a form.
2. The contract of sale of Goods is concluded between the Customer and the Seller.
3. The seller accepts orders placed online 24 hours a day, on all days of the week. Orders placed on Saturdays, holidays and public holidays will be processed on the first business day following the day on which the order was placed.
4. In order to place an order via the order form, the Client selects the Goods available at the Online Store, specifying the quantity he intends to purchase and, if possible, indicating the characteristics (color, size) of the ordered Goods. After selecting the Goods (adding the Goods to the „shopping cart” through the functionality available in the Online Store), the Client fills out the order form indicating in it the data necessary for the Seller to execute the order and the method of delivery of the Goods.
5. Until the moment of approving the selection of Goods with the „buy and pay” button, the Customer has the possibility to make changes and modifications to the Goods in the order, as well as to the contact details for shipment or invoice. The Customer’s approval of the order by using the „buy and pay” button is tantamount to the Customer’s offer to conclude a contract of sale, in accordance with the content of the order placed by the Customer and the Regulations.
6. Upon receipt of an order, the Seller sends the Customer, via e-mail to the e-mail address provided during order placement, a statement of acceptance of the offer, which is at the same time a confirmation of the order. Upon receipt of the message by the Customer, the Contract of Sale is concluded.
7. The order confirmation indicated in paragraph 6 includes, in particular: the quantity and type of Goods ordered, the total price to be paid.
8. If the Customer wishes to receive a VAT invoice, he should inform the Seller by checking the appropriate box when placing the order.
9. The Seller reserves the right to refuse to process an order, in case the data provided is so vague that it prevents the execution of the order, in particular, prevents proper delivery of the shipment. Before refusing to process the order, the Seller will attempt to contact the customer in order to establish the data to the extent that the order can be processed.
10. The contract of sale is concluded between the parties in accordance with Polish law and with the content consistent with these Regulations and the order placed by the Customer.
11. The sales contract is concluded for a limited period of time – until the completion of the order (one-time performance).

 

LEAD TIME AND DELIVERY OF GOODS

 

1. The Seller shall execute orders in the order of their receipt, i.e. after the payment is credited to the Seller’s bank account or the Seller receives information from the online transfer operator about the correct payment made by the Customer.
2. Delivery on Polish territory is carried out by InPost Paczkomaty or a courier selected during the purchasing process. Foreign delivery is possible after prior e-mail or telephone contact and is priced individually. Any additional costs such as customs duty are covered by the Buyer.
3. The Goods are delivered to the address indicated by the Customer when placing the order. A receipt or invoice is delivered along with the Goods.
4. Estimated time of order processing in Poland is 2 working days, i.e. from the day of placing the order and payment (crediting the payment to the Seller’s bank account, receipt of information from the online transfer operator about the correct payment by the Customer, or in the case of card payments from the moment of obtaining positive authorization), to the day of release of the Goods to the carrier for delivery to the delivery address indicated by the Customer.
5. The delivery costs to be borne by the Customer are specified in the process of ordering the Goods.
6. Upon receipt of the parcel, the Customer should carefully check the condition of the package and its contents. If any damage or other irregularities are found, he should, in the presence of the courier, draw up a damage report and notify the Seller immediately, i.e. within 3 days from the date of drawing up the report at the latest.

 

PRICES AND PAYMENT METHODS

 

1. Information on the purchase price of the Goods provided on the Store’s website is binding from the moment the Customer receives confirmation of acceptance of the order placed by the Customer for the purchase of the selected Goods.
2. All prices indicated on the website of the Online Store are given in Polish zloty (PLN). In any case, the prices indicated are gross prices including VAT.
3. The seller allows the following payment methods:
   • by bank transfer to the Seller’s bank account
   • via online payment
   • payment card
4. The online payment service provider is Przelewy24 (PayPro S.A.).
5. Accepted payment methods are:
   • Payment card such as Visa, MasterCard
   • Digital wallet such as Apple Pay, Google Pay
   • Online payment system Przelewy 24
6. The Seller reserves the right to change prices of Goods, introduce new goods for sale, conduct and cancel promotional actions on the pages of the Online Store, or make changes to them in accordance with the norms of the Civil Code and other laws, while such changes do not affect the rights of persons who have entered into contracts of sale of goods offered by the Online Store before the aforementioned changes were made, or the rights of persons entitled to take advantage of a given promotion, in accordance with its rules and during its duration.
7. The Seller has the right to update prices on an ongoing basis and include Goods in promotions or sales of its choice.  This entitlement does not affect orders placed by Customers prior to the aforementioned actions.
8. The Customer is obliged to make payment for the Goods within 3 calendar days from the date of conclusion of the contract, i.e. receipt of the confirmation email, in accordance with paragraph V.6. In case of non-payment within the specified period, the contract of sale is terminated. To purchase the Goods it is necessary to re-submit the order in accordance with the provisions of the Terms and Conditions.

 

COMPLAINT

 

1. The Seller shall deliver the Goods free of defects.
2. The Seller shall be liable for physical and legal defects in the Goods in accordance with and in accordance with the provisions of the Civil Code, namely Article 556 et seq.
3. The Seller shall be liable under the warranty if the physical defect is discovered before the expiration of two years from the date of delivery of the Goods.
4. The consumer submits a complaint via e-mail to: info@johnandmary.pl.
5. The complaint should include: Customer’s name, mailing address, e-mail address, telephone number, the date and circumstances of the defect, and a description of the request.
6. The customer is entitled to the following claims under the complaint:
   • repair of the Goods,
   • Replacement of the Goods with Goods free of defects;
   • Reduction of the price of the Goods;
   • withdraw from the Sales Agreement.
7. Withdrawal from the Sales Agreement is possible only if the defect in the Goods is significant, and the Seller will not immediately and without excessive inconvenience to the Customer replace the defective Goods with defect-free Goods or remove the defect.
8. Along with a complaint submitted electronically, the Customer is obliged to send or bring the defective Goods to the address: JOHN & MARY ul. Oleandrów 5, 00-629 Warszawa, Poland.
9. The Seller shall respond to the Customer’s application within 14 calendar days from the date of its receipt with the Goods to which it relates.
10. The above warranty rights do not exclude the Customer from asserting its rights in accordance with applicable laws.
11. The consumer has the right to use out-of-court means of handling complaints and claims.
12. Access to out-of-court dispute resolution procedures is provided, for example, by permanent amicable consumer courts operating within the structures of the Trade Inspection. A consumer may seek legal assistance from the Municipal/Provincial Consumer Ombudsman, the Office of Competition and Consumer Protection, and other consumer organizations, such as the Consumer Federation, the Association of Polish Consumers, and the European Consumer Center, under the rules of these organizations.

 

GUARANTEE

 

1. The Seller guarantees the Goods for a period of 24 months from the date of delivery of the Goods to the Customer.
2. The Seller undertakes to remove physical defects free of charge, if the defects become apparent within 24 months from the date of its issuance or from the delivery of defect-free Goods.
3. Liability under the warranty covers only defects arising from causes inherent in the Goods.
4. The Customer is obliged to report a defect in the Goods immediately after its discovery, i.e. within 3 days at the latest.
5. The Seller agrees to perform the obligations under this warranty within 21 days from the date of delivery of the Goods.
6. Warranty is not covered:
   • Mechanical damage caused by the customer,
   • damages and defects caused by the use and storage of the Goods contrary to their intended use.
   • repairs undertaken by the customer on his own.
7. The warranty does not exclude the Customer’s rights under the non-conformity of the Goods with the contract.

 

WITHDRAWAL FROM THE SALES CONTRACT

 

The consumer has the right to withdraw from the Sales Agreement without giving any reason, under the terms described below.

1. The Consumer has the right to withdraw from the Sales Agreement within 14 days from the moment the Goods take possession of the Customer or a third party designated by the Customer other than the carrier.
2. The consumer can withdraw from the contract by making a clear and unambiguous statement to this effect. For this purpose, he must formulate the statement himself and send it by e-mail to info@johnandmary.pl.
3. The Seller will immediately send the Consumer an acknowledgement of receipt by electronic means of the statement of withdrawal from the Sales Agreement by sending him an appropriate e-mail message.
4. The consumer is obliged to return the Goods to the Seller immediately, but no later than 14 days from the day on which he received the purchased goods. Goods should be sent to the address: JOHN & MARY ul. Oleandrów 5, 00-629 Warszawa, Poland.
   You can also make a return in person by bringing it to our boutique at the same address during its opening hours.
5. As a result of the withdrawal from the Sales Contract by the Consumer, the contract ceases to be in force.
6. The seller, no later than within 7 working days from the date of receipt of the return of the goods from the Consumer, will refund the amount for the purchases made, including the cost of shipping, if such was incurred by the customer (the lowest available).
7. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different solution that does not incur additional costs for the Consumer. If a refund is required for a transaction made by the Consumer with a payment card, the Seller shall make the refund to the bank account assigned to the Consumer’s payment card.
8. Goods, in respect of which the right of withdrawal is exercised, should be adequately protected for shipment in order to avoid the risk of damage during transport. Returned Goods should be accompanied by a proof of purchase, if included in the package (receipt or invoice) and any accessories that were provided with the Goods (gifts).
9. The costs associated with the return of the Goods (direct costs incurred by the Consumer to deliver the Goods to the Seller’s premises, shipping costs, packaging) shall be borne by the Consumer.
10. The consumer shall be liable for any diminution in the value of the item resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
11. The Seller has the right to withhold reimbursement of payments received from the Consumer until he receives the Goods back.

 

PERSONAL DATA

 

1. The store takes all possible and prescribed by the relevant legislation technical and organizational measures to protect customers’ personal data, in particular to prevent acquisition and modification by unauthorized persons of the data provided during registration.
2. Detailed information on the protection of personal data can be found in the Privacy Policy attached as Appendix 1 to the Regulations.

 

FINAL PROVISIONS

 

1. Any content posted on the website of the Online Store (including graphics, texts, page layout, logos, photos) enjoy the protection provided for copyright and are the exclusive property of the Seller. Use of such content without the written consent of the Seller shall result in civil and criminal liability.
2. Any comments and complaints regarding the functioning of the Service can be sent via e-mail to: info@johnandmary.pl. The Seller will provide information in the feedback within 14 days at the latest via e-mail.
3. In all matters not regulated in the above Regulations, the relevant provisions of Polish law, including the Civil Code and the Law on Consumer Rights shall apply.
4. The Seller reserves the right to amend these Terms and Conditions. Changes may not violate the rights of customers resulting from orders placed before the introduction of the change. Amendments to the Terms and Conditions shall come into effect within 14 days of publication on the Online Store website.

 

ANNOUNCEMENTS

1. PRIVACY POLICY