- These regulations define the rules for making purchases in the online store – www.johnandmary.pl from JOHN AND MARY MARIA DYBOWSKA NIP: 5342600390, REGON: 383317645
- The store offers retail sale through its website handcrafted bags, wallets and other accessories made of natural leather. The above products are available through the Store in the form of ready-made products.
- Detailed information about the products is available on the website www.johnandmary.pl. The Customer may contact the Store by phone and by e-mail at the following e-mail address: firstname.lastname@example.org.
- Seller / Personal Data Administrator – Maria Dybowska, running an online store under the name JOHN AND MARY MARIA DYBOWSKA, ul. Szarych Szeregów 12 05-820, Piastów, NIP: 5342600390, REGON: 383317645.
- Online Store / Website – available at www.johnandmary.pl – an internet platform consisting of graphic elements and software enabling the provision of electronic services to Users.
- Umowa sprzedaży – umowa zawierana na odległość pomiędzy Klientem a Sprzedawcą za pośrednictwem Sklepu internetowego, której przedmiotem jest Towar,
- Service – electronic services provided by the Seller via the Online Store,
- User – any natural person using the Website,
- Customer – a natural person, legal person or an organizational unit without legal personality, the law of which grants legal capacity, concluding an agreement with the Seller via the Website,
- Consumer – a natural person who performs a legal transaction with the Seller not directly related to its business or professional activity,
- Goods – a product, a movable item presented with a detailed description on the Website,
- Terms & Conditions – this document,
- Civil Code – the Act of 23 April 1964 Civil Code. (Journal of Laws of 2016, item 380, as amended), the Consumer Rights Act – the Act of May 30, 2014 on consumer rights. (Journal of Laws, item 827, as amended).
- The User may access the Regulations at any time by “clicking” on the “Regulations” tab on the Online Store website.
- The Seller undertakes to provide Services to the User to the extent and under the conditions specified in the Regulations.
- The User undertakes to comply with these Regulations and use the Online Store in accordance with applicable law.
- Information about the Goods in the Online Store, incl. descriptions, prices constitute an invitation to conclude a sales contract within the meaning of art. 71 of the Civil Code.
- Goods in the Online Store are marked in detail, in particular by marking their properties, prices, and the material from which they are made.
- The Seller enables the conclusion of contracts for the sale of Goods via the Internet and provides other Services specified in the Regulations.
- The condition to start using the Online Store is to read and accept the Regulations.
- The lack of acceptance of the provisions of the Regulations prevents the conclusion of the Sales Agreement.
- The technical requirements necessary to use the Services are:
- having a device with access to the Internet
- using the current version of the browser through which the websites are displayed. We recommend using browsers such as: Chrome, Firefox, Safari, Opera, Microsoft Edge, etc.
- having an e-mail account
- The Seller, via the Online Store, provides Services consisting in enabling the conclusion of Sales Agreements
- The User is obliged to use the Online Store in a manner consistent with its intended use and refrain from any activity that could disrupt its proper functioning.
- The Seller takes the necessary actions to ensure the correct and error-free 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
- The Seller enables the purchase of Goods on the Online Store website, using the ordering procedure described below via the form.
- The contract for the sale of Goods is concluded between the Customer and the Seller.
- The seller accepts orders placed on-line 24 hours a day, all days of the week. Orders placed on Saturdays, non-working days and holidays will be processed on the first business day following the day on which the order was placed.
- In order to place an order via the order form, the Customer selects the Goods available in the Online Store, specifying the quantity he intends to purchase and, if possible, indicating the features (color, size) of the ordered Goods. After selecting the Goods (adding the Goods to the “basket” through the functionality available in the Online Store), the Customer fills out the order form, indicating the data necessary for the order by the Seller and the method of delivery of the Goods.
- Until the selection of the Goods is confirmed with the “buy and pay” button, the Customer has the option of making changes and modifications to the Goods in the order, as well as 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 submitting an offer to conclude a sales contract, in accordance with the content of the order placed by the Customer and the Regulations.
- After receiving the order, the Seller shall send the Customer by e-mail to the e-mail address provided when placing the order, a declaration of acceptance of the offer, which is also the order confirmation. Upon receipt of the message by the Customer, a Sales Agreement is concluded.
- The order confirmation indicated in sec. 6 includes in particular: the quantity and type of the ordered Goods, the total price to be paid.
- If the Customer wants to receive a VAT invoice, he should inform the Seller about it by checking the appropriate box when placing the order.
- The seller reserves the right to refuse to process the order if the data provided is so general that it prevents the order from being processed, in particular prevents the correct delivery of the parcel. Before refusing to fulfill the order, the Seller will try to contact the Customer in order to determine the data in the scope enabling the order to be processed.
- The sales contract is concluded between the parties in accordance with Polish law and in accordance with these Regulations and the order placed by the Customer.
- The sales contract is concluded for a definite period – until the order is completed (one-off service).
TIME OF ORDER COMPLETION AND DELIVERY OF GOODS
- The Seller carries out orders in the order in which they were received, i.e. after the payment is credited to the Seller’s bank account or after receiving information from the online transfer operator about the correct payment by the Customer.
- Delivery in Poland is carried out by InPost Paczkomaty or a courier selected during the shopping process. Foreign delivery is possible after prior e-mail or telephone contact and priced individually. Any additional costs, such as customs duties, are covered by the Buyer.
- The goods are delivered to the address indicated by the customer when placing the order. A receipt or invoice is delivered together with the Goods.
- The estimated time of order fulfillment in Poland is 2 business days, i.e. from the date of placing the order and payment (posting the payment on the Seller’s bank account, receiving information from the online transfer operator about the correct payment by the Customer or when paying by card from the moment of obtaining positive authorization), until the date of release of the Goods to the carrier for delivery to the delivery address provided by the Customer.
- The delivery costs to be borne by the Customer are specified in the process of ordering the Goods.
- After receiving the package, the customer should carefully check the condition of the package and its contents. In the event of any damage or other irregularities, he should prepare a damage report in the presence of the courier and notify the Seller immediately, i.e. within 3 days from the date of the report at the latest.
PRICES AND PAYMENT METHODS
- Information on the purchase price of the Goods provided on the Store’s website is binding from the moment the Customer receives confirmation of the Customer’s order for the purchase of selected Goods.
- All prices on the Online Store website are given in Polish zlotys (PLN), euro (€) or in US dollars ($). In any case, the indicated prices are gross prices including VAT.
- The seller allows the following payment methods:
- by bank transfer to the Seller’s bank account
- through online payments
- credit card
- The entity providing online payment services is Przelewy24 (PayPro S.A.).
- The accepted payment methods are:
- Payment card such as Visa, MasterCard
- Electronic wallet such as Apple Pay, Google Pay
- Przelewy24 online payment system
- The Seller reserves the right to change the prices of the Goods, introduce new goods for sale, carry out and cancel promotional campaigns on the websites of the Online Store, or make changes to them in accordance with the standards of the Civil Code and other laws, and such changes do not violate the rights of persons who concluded contracts. sale of goods offered by the Online Store before the above-mentioned changes or rights of persons entitled to use a given promotion, in accordance with its rules and during its duration.
- The Seller has the right to update the prices on an ongoing basis and to cover the Goods with selected promotions or sales. This right does not affect orders placed by customers before the above-mentioned activities.
- The customer is obliged to pay for the Goods within 3 calendar days from the date of the contract, i.e. receipt of a confirmation e-mail, in accordance with point V.6. In the event of non-payment within the specified period, the sales contract is terminated. To purchase a given Product, it is necessary to place the order again in accordance with the provisions of the Regulations.
COMPLAINT OF GOODS
- The Seller delivers the Goods free from defects.
- The Seller is liable for physical and legal defects of the Goods in accordance with the principles set out in the provisions of the Civil Code, and this is Art. 556 et seq.
- The Seller is liable under the warranty if a physical defect is found before the expiry of two years from the date of delivery of the Goods.
- The consumer submits a complaint via e-mail to the following address: email@example.com.
- The complaint should include: Customer’s name and surname, correspondence address, e-mail address, telephone number, date and circumstances of the defect occurrence and a description of the request.
- As part of the complaint, the customer is entitled to the following claims:
- repair of the Goods,
- replacement of the Goods with Goods free from defects;
- lowering the price of the Goods;
- withdraw from the Sales Agreement.
- Withdrawal from the Sales Agreement is possible only when the defect of the Goods is significant, and the Seller will not replace the defective Goods with Goods free of defects or remove the defect immediately and without undue inconvenience to the Customer.
- Along with the complaint submitted electronically, the Customer is obliged to return the defective Goods to the following address: JOHN & MARY ul. Nowogrodzka 8/56, 00-513 Warsaw.
- The Seller responds to the Customer’s notification within 14 calendar days from the date of its receipt, along with the Goods it concerns.
- The above-mentioned rights under the warranty do not exclude the possibility for the Customer to assert his rights in accordance with applicable regulations.
- The consumer has the right to use extrajudicial means of dealing with complaints and redress.
- Access to out-of-court dispute resolution procedures is ensured, for example, by permanent consumer arbitration courts operating within the structures of the Trade Inspection. The consumer may apply for legal assistance to the Municipal / Poviat 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, on the terms applicable in these organizations.
- The Seller provides a warranty for the Goods within 24 months from the date of delivery of the Goods to the Customer.
- The Seller undertakes to remove physical defects free of charge if the defects appear within 24 months from the date of its issue or from the delivery of the Goods free from defects.
- The liability under the warranty covers only defects resulting from causes inherent in the Goods.
- The Customer is obliged to report a defect in the Goods immediately after its detection, i.e. within 3 days at the latest.
- The Seller undertakes to perform the obligations arising from this warranty within 21 days from the date of delivery of the Goods.
- The warranty does not cover:
- mechanical damage caused by the customer,
- damage and defects resulting from the use and storage of the Goods not in accordance with their intended use.
- repairs undertaken by the customer on his own.
- The warranty does not exclude the Customer’s rights resulting from the non-compliance 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, on the terms described below.
- The consumer has the right to withdraw from the Sales Agreement within 14 days from the moment the Customer or a third party designated by him other than the carrier takes possession of the Goods.
- The consumer may withdraw from the contract by submitting a clear and unambiguous statement in this regard. For this purpose, he must independently formulate a statement and send it by e-mail to the address firstname.lastname@example.org.
- The Seller will immediately send the Consumer a confirmation of receipt by electronic means of a declaration of withdrawal from the Sales Agreement by sending him an appropriate e-mail.
- The consumer is obliged to return the Goods to the Seller immediately, but not later than 14 days from the date on which he received the purchased goods. The goods should be sent to the following address: JOHN & MARY ul. Piękna 11b / 7, 00-549 Warsaw, POLAND.
- As a result of the Consumer withdrawing from the Sales Agreement, the agreement ceases to apply.
- The Seller, not later than within 7 business 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 shipping cost, if the customer has incurred it (the lowest available).
- The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different solution that does not entail additional costs for him. If there is a need to return funds for a transaction made by the Consumer with a payment card, the Seller will be refunded to the bank account assigned to the Consumer’s payment card.
- The goods for which the right to withdraw from the contract is exercised should be properly secured for shipment in order to avoid the risk of damage during transport. The returned Goods should be accompanied by a proof of purchase, if it was attached to the package (receipt or invoice) and any accessories that were provided with the Goods (gifts).
- The costs related to the return of the Goods (direct costs borne by the Consumer of delivering the Goods to the Seller’s premises, shipping costs, packaging) are borne by the Consumer.
- The consumer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
- The Seller has the right to withhold the reimbursement of payments received from the Consumer until receiving the Goods back.
- The store takes all possible technical and organizational measures required by the relevant provisions of law to protect the personal data of customers, in particular to prevent unauthorized persons from obtaining and modifying the data provided during registration.
- All content posted on the Online Store website (including graphics, texts, page layout, logos, photos) is protected by copyright and is the sole property of the Seller. The use of this content without the written consent of the Seller shall result in civil and criminal liability.
- All comments and complaints regarding the functioning of the Website may be sent by e-mail to the following address: email@example.com. The seller will provide feedback within 14 days via e-mail.
- In all matters not regulated in the above Regulations, the relevant provisions of Polish law shall apply, including the Civil Code and the Act on consumer rights.
- The Seller reserves the right to amend these Regulations. The changes may not violate the rights of customers resulting from orders placed before the change was introduced. The amendment to the Regulations comes into force within 14 days of publication on the Online Store website.