Terms and Conditions

TERMS AND CONDITION

Regulations of the online store are available at the Internet address:
• http://www.sklep.jacobbirge.eu

REGULATIONS FOR THE ONLINE STORE

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
4. PAYMENT METHODS
5. COST, TIME AND METHODS OF DELIVERY
6. CONDITIONS FOR SOLVING CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
7. COMPLAINT PROCEDURE
8. RIGHT TO WITHDRAW FROM THE AGREEMENT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS


1. GENERAL PROVISIONS


1.1. The administrator of the online store available at the internet address www.sklep.jacobbirge.eu is provided by JBV.SP. Z O.O., UL.ZELAZNA 59A / 1327, OO-848 WARSZAWA, NIP: 5272739294, e-mail: info@jacobbirge.eu.
1.2. These Regulations are addressed both to consumers and to entrepreneurs using the Online Store (with the exception of point 9 of the Regulations, which is addressed only to entrepreneurs). The provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law - any possible doubts are explained in favor of the consumer. In the event of non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions.
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data are processed for purposes within the scope and on the basis of the principles set out in the privacy policy published on the Online Store website. Providing personal information is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct them.
1.4. definitions:
1.4.1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Store enabling the creation of an Account.
1.4.3. ORDER FORM - An Electronic Service, an interactive form available in the Online Store that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER - a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality, the law of which grants legal capacity, which concluded or intends to conclude a Sale Agreement with the Seller.
1.4.5. CIVIL CODE - Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
1.4.6. ACCOUNT - Electronic Service, marked with an individual name (login) and a password provided by the Recipient of a set of resources in the Service Provider's IT system, in which the Recipient's data, including information on orders placed, is collected.
1.4.7. NEWSLETTER - Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all recipients of the Service to automatically receive the content of subsequent editions of the newsletter containing information about Products in the Online Store.
1.4.8. PRODUCT - a movable item available in the Online Store which is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS - these regulations of the Online Store.
1.4.10. ONLINE STORE - Online Store of the Service Provider available at the following Internet address: www.sklep.jacobbirge.pl.
1.4.11. DEALER; SERVICE PROVIDER - JBV.SP. Z O.O., UL.ZELAZNA 59A / 1327 OO-848 WARSZAWA, NIP: 5272739294, e-mail: info@jacobbirge.eu.
1.4.12. SALES AGREEMENT - a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Seller has the right to withdraw from the contract without giving reasons.
1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Store.
1.4.14. SERVICE RECIPIENT - a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality, the law of which grants legal capacity, using or intending to use the Electronic Service.
1.4.15. ORDER - Customer's declaration of intent submitted via the Order Form and aiming directly at the conclusion of the Product Sales Agreement with the Seller. The seller has the right to cancel the order without giving reasons.

  1. ELECTRONIC SERVICES IN THE ONLINE STORE


    2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
    2.1.1. Account - using the Account is possible after completing two consecutive steps - (1) completing the Registration Form and (2) clicking the "Create an Account" field. In the Registration Form it is necessary to provide the following data: Name and address (street, house number) / flat, zip code, city), e-mail address, contact telephone number and password. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.
    2.1.2. Order Form - the use of the Order Form begins with the moment of adding the first Product to the electronic basket in the Online Store. Placing an Order takes place after the completion of two consecutive steps - (1) after completing the Order Form and (2) clicking the "Place order" field - up to this moment it is possible to modify the data yourself (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form it is necessary to provide the following data: name and surname, address (street, house / flat number, zip code, city), e-mail address, contact telephone number, Product (s), amount of Product (s), place and method of delivery, payment method. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.
    2.1.3. Newsletter - the use of the Newsletter follows after giving the e-mail address in the "Newsletter" visible on the Online Store website, to which further editions of the Newsletter are to be sent and clicking the "Save me" box. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account or placing an Order - at the moment of creating an Account or placing an Order, the Customer is subscribed to the Newsletter.
    2.2. The use of Electronic Services by the Customer is free of charge.
    2.2.1. The Account and Newsletter in the Online Store are provided for an indefinite period.
    2.2.2. The use of the Order Form is of a one-time nature and ends upon the submission of the Order through it.
    2.3. Technical requirements necessary to cooperate with the ICT system used by the Service Provider:
    2.3.1. A computer, laptop or other multimedia device with Internet access.
    2.3.2. Access to email.
    2.3.3. Internet browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher.
    2.3.4. Recommended screen resolution: 1024x768.
    2.3.5. Enabling cookies and Javascript support in the web browser.
    2.4. The Service User is obliged to use the Online Store in a manner consistent with the law and morality with respect for personal rights as well as copyrights and intellectual property of third parties.
    2.5. The Service Recipient is obliged to enter data consistent with the actual state.
    2.6. The recipient is prohibited from providing unlawful content.


    3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
    3.1. Advertisements, advertisements, price lists and other information about the Products provided on the Online Store's websites, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to enter into a contract within the meaning of art. 71 of the Civil Code.
    3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes all components, including VAT and customs duties. The prices, however, do not include any delivery and payment costs which are indicated when placing the Order.
    3.3. The Product price shown on the Online Store website is binding at the time the Customer places an Order. This price will not change regardless of the price changes in the Online Store, which may occur in relation to individual Products after the Customer places an Order.
    3.4. Conclusion of the Sale Agreement using the Order Form
    3.4.1. In order to conclude a Sales Agreement, it is necessary to submit an Order in advance.
    3.4.2. After placing the Order, the Seller immediately confirms its receipt, which causes the Customer to be bound by his Order and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending an appropriate message to the Customer's e-mail address provided during the ordering, which contains at least confirmation of all essential elements of the Order, the Seller's statement about the receipt of the Order and its acceptance for implementation.

3.5. Consolidation, security and making available to the Customer the content of the Sales Agreement concluded by (1) providing these Regulations on the Online Store's website, (2) sending the e-mail message referred to in point. 3.4.2. And also by (3) attaching to the parcels proof of purchase and specification of the concluded Sales Agreement. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.


4. PAYMENT METHODS


4.1. The seller provides the following payment methods:
4.1.1. Payment on delivery on delivery.
4.1.2. Payment by a traditional transfer to the Seller's bank account.
4.1.2.1. Bank
4.1.2.2. Pay Pal


5. COST, TIME AND METHODS OF DELIVERY


5.1. The Seller provides the following methods of delivery or collection of the Product:
5.1.1. Postal package, postal delivery.
5.1.2. Courier shipment, courier delivery.
5.1.3. Pallet shipment.
5.2. Possible delivery costs are indicated when placing the Order. They depend on the method of delivery and payment chosen by the customer. Delivery costs are also indicated on the Online Store website in the "Delivery costs" tab.
5.3. The deadline for delivery of the Product to the Customer is up to 14 Business Days, unless a shorter deadline is given in the description of the Product or when placing the Order. The term should be counted as follows:
5.3.1. If the Customer chooses the method of payment by bank transfer - from the date of crediting the Seller's bank account.
5.3.2. If the Customer chooses the method of payment on delivery - from the day of concluding the Sale Agreement.


6. CONDITIONS FOR SOLVING CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES


6.1. The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by agreement of the parties.
6.2. Termination of the contract for the provision of Electronic Services:
6.2.1. Termination of the Continuous Electronic Service for a continuous period (eg Account) may be terminated.
6.2.2. The Service Recipient may terminate the contract for the provision of Electronic Services without indicating the reasons by sending an appropriate statement, in particular via e-mail to the following address: info@jacobbirge.eu. In such a case, the contract expires after 7 days from the date of submitting the declaration of will on its termination (notice period), unless the parties agree on a shorter notice period.
6.2.3. In the case of Service Users who are also consumers, the Service Provider may terminate the contract for the provision of Electronic Services when the Service Provider objectively grossly or persistently violates the Regulations, in particular when providing illegal content, after ineffective at least one call to cease or remove violations with an appointment. Violation of the Regulations must be objective and unlawful. The contract for the provision of Electronic Services in such a case expires after 14 days from the date of submission by the Service Provider of the Customer's statement of will on termination (period of notice).
6.2.4. In the case of Customers who are not consumers at the same time, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending a relevant statement to the Service Recipient.

  1. COMPLAINT PROCEDURE


    7.1. Complaints for non-compliance of the Product with the Sales Agreement:
    7.1.1. The basis and scope of the Seller's liability towards the Customer being a natural person who purchases the Product for purposes unrelated to professional or commercial activity due to non-compliance of the Product with the Sales Agreement are determined in particular by the Act on special terms of consumer sales and amending the Civil Code of July 27, 2002 r. (Journal of Laws No. 141, item 1176, as amended).
    7.1.2. Notifications of non-compliance of the Product with the Sales Agreement and notification of a relevant request may be made, in particular, via e-mail to the following address: info@jacobbirge.eu or in writing to: JACOB, ŻELAZNA 59A / 1327, 00-848 WARSZAWA. When it is possible and necessary to assess the non-compliance of the Product with the contract, it should also be delivered to the above address.
    7.1.3. The Seller will respond to the Customer's request promptly, no later than within 14 days. The response to the complaint is sent to the address provided by the Customer, unless the Customer provides otherwise.
    7.1.4. In the case of Products also covered by the guarantee, the Seller informs that the guarantee for the sold consumer goods does not exclude, limit or suspend the rights of the buyer resulting from non-compliance of the goods with the contract.
    7.2. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store:
    7.2.1. Complaints related to the provision of Electronic Services via the Online Store and other complaints related to the operation of the Online Store may be submitted, in particular, via email to the following address: info@jacobbirge.eu.
    7.2.2. It is recommended to include in the description of the complaint as much information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities and contact details - it will facilitate and accelerate the consideration of the complaint by the Service Provider.
    7.2.3. Consideration of the complaint by the Service Provider takes place immediately, no later than within 14 days.
    7.2.4. The Service Provider's response to the complaint is sent to the address provided by the Customer, unless the Service Recipient provides otherwise.


    8. RIGHT TO WITHDRAW FROM THE AGREEMENT


    8.1. The Service Recipient / Customer who is also a consumer who has concluded a distance contract may withdraw from it without giving reasons, by submitting a relevant written statement within ten days. To comply with this deadline, it is enough to send a statement before its expiry. The statement may be sent, in particular, via e-mail to the following address: info@jacobbirge.eu.
    8.2. In the event of withdrawal from the contract, the contract is considered void and the consumer is released from any obligations. What the parties have rendered is returned unchanged, unless a change was necessary within the limits of ordinary management. The return should take place immediately, not later than within fourteen days. If the consumer has made any prepayment, statutory interest shall be due from the date of prepayment.
    8.3. The Service Provider / Seller will refund the number of the bank account indicated by the consumer, unless the consumer indicates otherwise.
    8.4. The 10-day period, in which the consumer may withdraw from the contract, counts in the case of the Purchase Agreement from the date of the release of the Product, and when the contract concerns the provision of Electronic Services from the date of its conclusion.
    8.5. The right to withdraw from a distance contract is not granted to the consumer in cases of: (1) the provision of services commenced, with the consumer's consent, before the deadline referred to in points 8.1 and 8.4 above; (2) regarding audio and video recordings and recorded on IT data carriers after the consumer has removed their original packaging; (3) contracts for services for which the price or remuneration depends exclusively on price movements in the financial market; (4) services with properties specified by the consumer in his order or closely related to him; (5) benefits which due to their nature can not be returned or whose subject is quickly spoiled; (6) supplying the press; (7) gambling services.
  2. PROVISIONS CONCERNING ENTREPRENEURS


    9.1. This section of the Regulations and the provisions contained herein apply only to Customers who are not consumers at the same time.
    9.2. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer in the Order Form and the conclusion of the Sales Agreement.
    9.3. A customer who is not a consumer is obliged to perform his obligations under the Sales Agreement (ie in particular to pay the price and receive the Product) immediately, no later than within 7 days from the date of its conclusion, unless the Sales Agreement provides otherwise.
    9.4. The products being the subject of the Sales Agreement concluded with the Customer who is not also a consumer remain the property of the Seller to pay the price and delivery costs under the Sales Agreement.
    9.5. Upon the release of the Product by the Seller, the carrier shall pass to the Customer who is not also a consumer the benefits and burdens associated with the thing and the risk of accidental loss or damage to things. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product arising from its acceptance for transport until its delivery to the Customer and for delay in transporting the shipment.
    9.6. In the event of sending the Product to the Customer via the carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such shipments. If he determines that during the transport there was a loss or damage to the Product, he is obliged to perform all actions necessary to determine the liability of the carrier.
    9.7. The liability of the Service Provider / Seller in relation to the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the price paid and delivery costs under the Purchase Agreement . The Service Provider / Seller is liable to the Service Recipient / Customer who is not also a consumer only for typical damage predictable at the time of conclusion of the contract and shall not be liable for lost profits in relation to the Service Recipient / Customer who is not also a consumer.


    10. FINAL PROVISIONS


    10.1. Contracts concluded via the Online Store are concluded in accordance with Polish law and in Polish.
    10.2. Amendments to the Regulations:
    10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, that is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
    10.2.2. The amended regulations are binding for the Service Recipient if the requirements specified in art. 384 of the Civil Code, i.e. the Service Recipient was correctly informed about the changes and the Service Recipient did not terminate the contract for the provision of Electronic Service of a continuous nature within 14 days from the date of notification.
    10.2.3. Amendments to the Regulations shall not in any way affect the acquired rights of Customers who are also consumers and use the Online Store before the amendments enter into force, in particular amendments to the Regulations shall not affect already placed or placed Orders and concluded, executed or executed Sales Agreements.
    10.2.4. In the event that a change in the Regulations would result in the introduction of any new fees or increase in the existing Customers who is a consumer has the right to withdraw from the contract.
    10.3. In matters not covered by these Regulations, the provisions of the Civil Code shall apply; The Act on Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended); Act on the protection of consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws No. 22, item 271, as amended); Act on special terms of consumer sales and amendments to the Civil Code of July 27, 2002 (Journal of Laws No. 141, item 1176, as amended) and other relevant provisions of Polish law.
    10.4. Disputes arising between the Service Provider / Seller and the Service Recipient / Customer who is also a consumer shall be subjected to the appropriate common courts. Disputes arising between the Service Provider / Seller and the Service Recipient / Customer who is not a consumer at the same time shall be subject to a court having jurisdiction over the seat of the Service Provider / Seller.