Regulamin – JAD

TERMS AND CONDITIONS OF THE ONLINE STORE

JADPUNK.PL

1. General provisions

These Terms and Conditions (hereinafter referred to as the "Regulations") define the general terms and conditions of sale through the online store operating under the domain www.jadpunk.pl (hereinafter referred to as the "Online Store") and set out the terms and conditions for the provision of electronic services within the scope of the conducted sales. The owner of the store and all rights related to its activity is the company: JAD-POL Łukasz Lipski, based in Warsaw at Kasprzaka 96/46, NIP: 5361698881.
Regardless of other definitions introduced in the content of the Regulations, the terms used in the Regulations shall mean:
1) Business days – weekdays from Monday to Friday, excluding public holidays.
2) Registration Form – an interactive form available in the Online Store, through which the Customer has the possibility to create a Customer Account.
3) Order Form – an interactive form available in the Online Store, through which the Customer places an Order.
4) Customer – a natural person, legal entity, or organizational unit that is not a legal entity, to whom specific regulations grant legal capacity, placing an Order in the Online Store, having a Customer Account in the Online Store, or using other services offered by the Seller in connection with the operation of the Online Store.
5) Customer Account – a personalized panel assigned to the Customer in the Online Store, identified by the email provided by the Customer and secured with a password, allowing the Customer to place Orders, store information about placed Orders, and edit the data provided by the Customer.
6) Consumer – a Customer who is a natural person placing an Order in the Online Store for purposes not directly related to their business or professional activity.
7) Product – a movable item presented by the Seller through the Online Store, which may be the subject of a Sales Agreement upon meeting the conditions specified in the Terms and Conditions.
8) Seller –
The email address is: jadpunks@gmail.com.
9) Sales Agreement – a contract for the sale of a Product, concluded under the terms specified in the Regulations, between the Customer and the Seller.
10) Order – a declaration of the Customer's will, submitted through the Order Form in the Online Store, constituting an offer to conclude a Sales Agreement for a Product presented by the Seller through the Online Store.

2. Services provided within the Online Store

The Seller provides free services to the Customer within the Online Store, which are electronic services within the meaning of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2016, item 1030, as amended) (hereinafter collectively referred to as: Services or individually as: Service), including, in particular:
1) The possibility to familiarize oneself with the content available in the Online Store.
a) The agreement for the provision of the service allowing familiarization with the content available in the Online Store is concluded for a specified period and is terminated when the Customer closes the domain.
jadpunk.pl, under which the Online Store operates.
2) Customer Account.
a) The agreement for the provision of the Customer Account service is concluded for an indefinite period and is terminated upon the Customer's request to delete the Customer Account. The Customer may request the deletion of the Customer Account at any time by sending a relevant statement to the Seller, in particular via email to the Seller's email address provided in § 1 section 2 point 8 of the Terms and Conditions, or in writing to the Seller's delivery address indicated in § 1 section 2 point 8 of the Terms and Conditions, which is tantamount to resigning from using the Customer Account and constitutes the termination of the agreement for the provision of the Customer Account service.
b) To create a Customer Account, the Customer must register in the Online Store. To do so, the Customer should perform the following steps:
– In the domain of the Online Store, in the top right corner, select the "Register" tab;
– After being redirected to the Registration Form, fill in the required fields, providing your first name, last name, email address, and password;
– Tick the box indicating acceptance of the Terms and Conditions, which is equivalent to the Customer's acknowledgment of and approval of the provisions contained therein;
– After completing the steps described above, select the "Register" button at the bottom of the Registration Form;
– After completing the above registration steps, the Seller will send a verification email to the email address provided by the Customer in the Registration Form, to confirm the email address provided by the Customer;
– After receiving the email from the Seller mentioned above, the Customer should click the link contained in the email, which will confirm the email address provided by the Customer in the Registration Form.
c) After creating the Customer Account, the Customer can log in by selecting the "Login" tab in the top right corner of the Online Store's domain. To log in to the Customer Account, the Customer should enter the email address provided during registration and the password.
d) After creating the Customer Account, the Customer has the ability to edit and update their data, shipping information, and billing details, such as: first name, last name, company name, phone number, street, house number, city, postal code, and country.
3) Order Form.
a) The agreement for the provision of the service for using the Order Form is one-time and is concluded for a specified period. This agreement is terminated when the Order is placed or when the Customer stops placing the Order.
b) The method of using the Order Form and placing an Order is detailed in § 4 of the Terms and Conditions.

3. Conditions for using the Online Store

The Seller will make every effort to ensure that the Customer can use the Services, including placing Orders within the Online Store, in a fully comfortable and secure manner. The Seller guarantees the operation of the IT system used, enabling the Customer to use the Online Store in a way that prevents unauthorized access (including obtaining and modifying) to the content of the communication that constitutes the provided Service, particularly by using technical means such as cryptographic techniques appropriate for the nature of the service provided, ensuring clear identification of the parties involved in the electronically provided Service. However, the Seller declares that using the electronic Services described in the Terms and Conditions may involve typical, commonly known risks associated with the use of computer equipment and the Internet. Therefore, the Seller recommends that the Customer use measures to increase security and minimize the likelihood of such risks occurring.
The Seller declares that to cooperate with the IT system used, in order to be able to use the Services offered within the functioning Online Store, including placing Orders, the Customer's hardware and software must meet the following technical requirements:
1) A computer, laptop, or other multimedia device with internet access;
2) Any web browser updated to the latest version, without add-ons that modify the browser’s functionality, such as Chrome, Firefox, Internet Explorer.
3) JavaScript and Cookies technology;
4) Active internet access (internet connection).
5) To use the Customer Account service, place an Order through the Order Form, and subscribe to the Newsletter service, the Customer must have an active email account.
The Seller declares, and the Customer acknowledges, that the Customer is prohibited from providing unlawful content while using the Services available in the Online Store, particularly content that violates the personal rights of third parties, is false, vulgar, contrary to good manners, violates social norms, misleads, or could expose the Seller or third parties to harm.
The Customer is entitled to submit a complaint regarding the Services provided by the Seller and the operation of the Online Store (excluding complaints related to the warranty for the purchased Product, which is described in §7 of the Terms and Conditions).
1) The complaint mentioned above can be submitted by the Customer in any form; however, in order to expedite the complaint process, it is recommended to submit the complaint in electronic form to the Seller's email address provided in § 1 section 2 point 8 of the Terms and Conditions or in writing to the Seller's delivery address indicated in § 1 section 2 point 8 of the Terms and Conditions.
2) The Customer should include in the complaint a description of the issue for which the complaint is being submitted.
3) The Seller will consider the complaint submitted by the Customer without unnecessary delay, but no later than within 30 days, and will inform the Customer about the outcome of the complaint via email or in writing to the address provided by the Customer, depending on the form in which the complaint was submitted, unless the Customer specified a preferred method for receiving a response to the complaint.

4. Zamówienia

The information contained in the domain
The information contained in the domain jadpunk.pl, under which the Online Store operates, including the Products presented by the Seller, does not constitute an offer by the Seller within the meaning of the Act of April 23, 1964, the Civil Code (Journal of Laws of 2017, item 459) (hereinafter: the Civil Code), but merely an invitation for Customers to submit offers to conclude a sales agreement for the Product.
The Customer can place Orders in the Online Store 7 days a week, 24 hours a day.
The prices listed in the Online Store, displayed next to a given Product, are gross prices and do not include the cost of delivering the Product to the Customer.
The Customer will be informed of the total price of the ordered Product, including the delivery charge, after specifying the country of delivery, the postal code of the location to which the Product is to be delivered, as well as the chosen delivery and payment method (step described in § 4 section 5 point 5 of the Terms and Conditions). The amount to be paid, which will appear after completing these actions, includes all costs that the Customer will be required to bear in connection with the conclusion of the sales agreement for the ordered Product.
To place an Order, the Customer should perform the following steps in the domain of the Online Store:
1) Select the size, color, and any other elements that define the desired Product, if there is an option to choose them, and then click the "Add to Cart" button.
2) In the top right corner, select the "Cart" tab.
3) After being redirected to the cart, a summary of the Products added to the cart, their quantities, and prices will be displayed. Then, the "Proceed to Checkout" button should be selected.
4) The Order can be continued by logging into the "Customer Account" or proceeding as a "guest" by selecting the "Login" or "Continue as Guest" button, respectively.
5) Po przekierowaniu do Formularza Zamówienia, należy wypełnić pola, takie jak: kraj dostawy, kod pocztowy, adres e-mail w przypadku kontynuowania jako „gość”, sposób dostawy oraz sposób płatności, po czym wyświetli się łączna cena do zapłaty, obejmująca cenę Produktu oraz koszt dostawy. Od tego momentu przy wszystkich dalszych czynnościach opisanych poniżej, Klient posiada podgląd informacji o łącznej cenie, którą zobowiązany będzie zapłacić. Następnie należy wybrać polecenie „Kontynuuj”;
6) Fill in the remaining fields of the Order Form, such as: first name, last name, phone number, street, house number, and city. If a VAT invoice is required, provide the necessary company details for its issuance, such as the company name, tax identification number (NIP), street, house number, and city.
7) Tick the box indicating acceptance of the Terms and Conditions, which signifies that the Customer has read and agrees to the provisions contained therein.
8) After completing the above steps, to place the Order, the "Buy and Pay" button should be selected.
After placing the Order, the Seller will send the Customer a confirmation of the acceptance of the Order for processing to the email address provided by the Customer. This confirmation constitutes the acceptance of the offer made by the Customer. Once the Customer receives the confirmation of the Order acceptance, a sales agreement (hereinafter: the Sales Agreement) is concluded between the Seller and the Customer.
The Seller will send the Customer a confirmation of the conclusion of the Sales Agreement along with its terms to the email address provided by the Customer.

5. Płatność

The Seller offers the Customer the following payment methods for the concluded Sales Agreement:
1) Payment by bank transfer to the Seller's bank account, at the number: [bank account number]. In the transfer title, the Customer should indicate the Order number provided by the Seller in the email confirming the acceptance of the Order for processing.
W przypadku wyboru metod płatności, o których mowa w § 5 ust. 1 pkt. 1 Regulaminu, Klient zobowiązany jest dokonać płatności w terminie 48h , od dnia otrzymania od Sprzedawcy potwierdzenia przyjęcia Zamówienia do realizacji.
W przypadku niedokonania przez Klienta płatności w terminie, o którym mowa w § 5 ust. 3 Sprzedawca mam prawo do anulowaniu zamówienia co równa się odstąpieniu od Umowy Sprzedaży. Anulowanie zamówienia przez Sprzedawcę będzie miała miejsce poprzez sklep internetowy, z którego to automatycznie zostanie wysłane do klienta powiadomienie o anulowaniu zamówienia.

6. Dostawa

The seller is obliged to deliver the product subject to the sales agreement without any defects.
The seller will deliver the product to the address specified by the customer in the order form, and if the order is placed through the customer's account, to the shipping address provided by the customer, if it differs from the customer's address.
The seller delivers within the territory of the Republic of Poland and the territory of the European Union.
The delivery time for the purchased product to the customer within Poland is from 1 to 3 business days, unless a longer delivery time is specified for the purchased product in the online store. The delivery time indicated in the online store includes business days.
The start of the delivery period begins in the following manner:
1) In the case of the customer choosing the payment method via bank transfer to the seller's account – from the day the payment for the concluded sales agreement is received in the seller's bank account;
2) In the case of choosing payment upon delivery – from the day the order confirmation is sent to the customer’s specified email address, confirming the acceptance of the order for processing.

7. Rękojmia

The seller is obliged to deliver the product subject to the sales agreement without any defects.
The seller is responsible towards the customer if the product purchased has a physical or legal defect, based on the warranty, in accordance with the rules set out in Articles 556–576 of the Civil Code.
The seller is liable under the warranty for physical defects that existed at the moment the risk passed to the customer or arose from a defect inherent in the sold product at that same moment.
In the event of a defect that justifies the seller's liability under the warranty, the customer has the option to file a complaint with the seller.
The customer may submit a complaint statement in any form; however, to facilitate the complaint process, it is recommended to submit the complaint via email to the seller’s email address provided in § 1 sec. 2 item 8 of the Terms and Conditions, or in writing to the seller’s delivery address indicated in § 1 sec. 2 item 8 of the Terms and Conditions.
The customer submitting a complaint is required to deliver the defective product at the seller's expense to the delivery address provided in § 1 sec. 2 item 8 of the Terms and Conditions.
The seller will respond to the submitted complaint within 14 days and inform the customer about the way the complaint was handled, either via email or in writing to the address provided by the customer, depending on the form of the complaint submission, unless the customer specified a preferred form for the seller’s response to the complaint.

8. Alternative dispute resolution methods

The customer has the option to use out-of-court methods for resolving complaints and pursuing claims. For detailed information on how to access these procedures, the customer may, among other things, contact the District (Municipal) Consumer Ombudsman, the Provincial Inspectorate of the Trade Inspection, consumer organizations such as the Consumers Federation or the Polish Consumers Association, or review the information available on the website of the Office of Competition and Consumer Protection at the following domain: https://uokik.gov.pl/spory_konsumenckie.php.
The seller informs that at the address http://ec.europa.eu/consumers/…The seller informs that at the address, there is an EU-wide functioning online dispute resolution platform for resolving disputes between consumers and businesses (ODR platform).
The seller also declares that it does not use out-of-court consumer dispute resolution methods referred to in the Act of September 23, 2016, on out-of-court consumer dispute resolution (Journal of Laws of 2016, item 1823).

9. Exchange

Regardless of the withdrawal procedure specified in § 10 of the Regulations, the Customer has the option to exchange the purchased Product (hereinafter: Product Exchange).
The product exchange can be made for the same product or any other product, provided that it is available in the online store and the exchanged product shows no signs of use.
To proceed with the Product Exchange, the Customer must express their desire to exchange by contacting the Seller via the email address provided in § 1(2)(8) of the Regulations. The message sent to the Seller via email should include the Product Exchange form (Annex No. 2 to the Regulations) and specify, among other things, the order number, the delivery date of the Product being exchanged, and the Product the Customer wishes to exchange for.
The Customer must submit a statement of intent to exchange the Product within 14 days from the date the Product was delivered to the Customer.
The seller, after receiving the email mentioned in § 9 sec. 3 of the Terms and Conditions, will inform the customer via email whether the product they wish to exchange for is available.
After receiving an email from the Seller confirming the availability of the Product for the exchange, the Customer must promptly, but no later than 14 days, return the Product being exchanged to the Seller’s delivery address specified in § 1(2)(8) of the Regulations.
After the exchanged Product is delivered to the Seller, the Seller will promptly, but no later than 14 days, deliver the desired Product to the Customer. The Seller may delay the delivery of the Product to the Customer until the Customer pays the price difference, as referred to in § 9(8) of the Regulations, if the Product being exchanged for is more expensive than the Product being returned.
Any price difference between the Product being exchanged and the Product for the exchange creates an obligation for the Seller to refund the price difference to the Customer if the Product being exchanged for is cheaper, or for the Customer to pay the price difference to the Seller if the Product for the exchange is more expensive than the returned Product.
The Seller is obligated to refund the price difference, as referred to in § 9(8) of the Regulations, to the Customer within 7 days from the date the exchanged Product is delivered to the Seller. The refund of the price difference will be made via bank transfer to the bank account specified by the Customer in the Product Exchange form.
The Customer is obligated to pay any price difference, as referred to in § 9(8) of the Regulations, to the Seller within 7 days from the date they receive confirmation from the Seller regarding the availability of the desired Product for the exchange. The payment of the price difference should be made via bank transfer to the Seller's account specified in § 5(1)(1) of the Regulations.
The customer is responsible for the delivery costs of the product to be exchanged.

Shipping address:
Łukasz Lipski
ul. Krucza 23/31
00-525 Warszawa

10. Withdrawal from the Agreement

A Customer who is a Consumer may withdraw from the concluded Sales Agreement and the contract for the provision of Services within 14 days without providing any reason and without incurring any costs, except for the costs specified in § 10(12) of the Regulations (hereinafter: Withdrawal from the Agreement).
The right to withdraw from the agreement does not apply to the Consumer in relation to contracts specified in Article 38 of the Act of May 30, 2014, on Consumer Rights (Journal of Laws 2014, item 827, as amended). Therefore, the Consumer will not, for example, be entitled to withdraw from the agreement in the following cases:
a) when the purchased Product is not prefabricated, has been manufactured according to the Consumer's specifications, or is intended to meet their individualized needs.
b) when the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or intended to satisfy their individualized needs;
c) when the subject of the service is a perishable item or one with a short shelf life;
d) when the subject of the service is an item delivered in a sealed package, which cannot be returned once the packaging is opened due to health protection or hygiene reasons, if the packaging has been opened after delivery;
e) in which the subject of the service involves items that, due to their nature, are inseparably connected with other items after delivery and show signs of use, such as t-shirts, sweatshirts, hats.
The withdrawal period for the Sales Agreement begins on the day the Product is delivered to the Customer or the day of personal pickup, and for the contract for the provision of Services, it begins on the day the agreement is concluded.
The Consumer may withdraw from the agreement by submitting a withdrawal statement to the Seller.
The withdrawal statement may be submitted in writing to the Seller’s delivery address specified in § 1(2)(8) of the Regulations. The Customer also has the option to submit the withdrawal statement electronically to the Seller’s email address provided in § 1(2)(8) of the Regulations.
The Seller is obligated to promptly, but no later than 14 days from the date of receiving the Consumer's withdrawal statement, refund all payments made by the Consumer, including the costs of delivering the Product to the Consumer.
If the Consumer chose a delivery method other than the cheapest standard delivery option offered by the Seller, the Seller is not obligated to refund the additional costs incurred by the Consumer.
The seller will refund the payment using the same method of payment used by the consumer, unless the consumer explicitly agrees to a different refund method that does not incur any costs for them. The refund does not include the shipping costs incurred by the seller.
The Seller may withhold the refund of payments received from the Consumer until the Product is returned or the Consumer provides proof of its return, depending on which event occurs first.
The seller is obliged to refund the payment after confirming that the returned product shows no signs of use.
The Consumer is obligated to return the Product to the Seller promptly, but no later than 14 days from the day they withdrew from the agreement. To meet the deadline, it is sufficient to send the Product back before the 14-day period expires.
The Consumer bears the direct costs of returning the Product to the Seller.
The Consumer is responsible for any decrease in the value of the Product resulting from use beyond what is necessary to determine the nature, characteristics, and functionality of the Product.

The administrator of personal data collected during the provision of services and in connection with placing an order and concluding a sales agreement is the seller.
The processing of personal data will include the scope of data covered by the Registration Form, as specified in § 2 sec. 1 point 2 letter b of the Terms and Conditions, the scope of data that can be edited and supplemented after creating the Customer Account, as specified in § 2 sec. 2 point letter d of the Terms and Conditions, and the scope of data covered by the Order Form, as specified in § 4 sec. 5 points 5 and 6 of the Terms and Conditions.
Personal data collected during the provision of Services and in connection with the placed Order and the concluded Sales Agreement will be processed solely for the purpose of their execution, in particular for delivering the Product to the Customer and processing the payment.
Providing personal data by the Customer as specified in the Registration Form and the Order Form is voluntary; however, it is a necessary condition for creating a Customer Account, placing an Order, and executing the Sales Agreement.
The Customer, in cases and to the extent provided by generally applicable law, has the right to request access to their personal data from the Seller, as well as its rectification, deletion, or restriction of processing, to object to processing, and the right to data portability. The exercise of these rights is carried out through the Seller, either directly by logging into the Customer Account or by contacting the Seller in any chosen manner using the contact details specified in § 1 sec. 2 point 8 of the Terms and Conditions.
The Customer has the right to file a complaint with the President of the Personal Data Protection Office.
The Customer has the right to withdraw consent at any time without affecting the lawfulness of processing carried out based on consent before its withdrawal.
By registering a Customer Account in the Online Store and placing an Order, the Customer may consent to the processing of their personal data by the Seller for marketing purposes. Giving this consent is voluntary and can be withdrawn at any time.
Independently of the consent referred to in § 11 sec. 8 of the Terms and Conditions, the Customer may consent to receiving commercial information from the Seller via electronic means in accordance with Article 10 of the Act of July 18, 2002, on the Provision of Electronic Services (Journal of Laws of 2016, item 1030, as amended).
The Seller ensures the security of the Customer's personal data processed by the Seller, including by implementing technical measures that prevent unauthorized persons from accessing and modifying personal data transmitted electronically. In particular, the Seller guarantees that the forms used in the Online Store are secured with an SSL protocol and stored on a secure server.
The detailed principles of Customer data protection are specified in the Privacy Policy.

12. Final Provisions

The Terms and Conditions are available to Customers in the domain.
The Terms and Conditions are available to Customers at **jadpunk.pl**, where the Online Store operates, in a manner that allows them to review, obtain, reproduce, and store its content. Additionally, they are available at the Seller's place of business, as specified in § 2 sec. 1 point 8 of the Terms and Conditions. Furthermore, in the event of concluding a Sales Agreement, the Terms and Conditions will be sent to the Customer at the email address provided by them, in a format that allows for its retrieval and storage.
The Terms and Conditions become binding for the Customer upon their acceptance, as specified in § 2 sec. 1 point 2 letter b or § 4 sec. 5 point 7 of the Terms and Conditions.
The Seller is entitled to make changes to the Terms and Conditions. Any changes to the Terms and Conditions shall take effect 7 days after being published in the Online Store. The Seller will inform the Customer about the changes 7 days before they come into effect by sending a notification to the email address provided by the Customer, along with the new version of the Terms and Conditions. If the Customer does not accept the new Terms and Conditions, they should inform the Seller, which will result in the termination of the Service Agreement. The provisions of the previously applicable Terms and Conditions shall apply to Sales Agreements concluded before the new Terms and Conditions take effect.
The Terms and Conditions come into effect on December 1, 2018.

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