Regulations of JAKULO online store
The document primarily defines the rules under which contracts are concluded in the Store, including the presentation of important information about the Seller, the Store and the rights of Consumers.
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping at the Store
§ 5 Payments
§ 6 Order completion
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal information
§ 11 Objections
Attachment No. 1: Model withdrawal form
§ 1 DEFINITIONS
Working days - days from Monday to Friday except for public holidays in Poland.
Civil Code - the Polish Act of April 23, 1964 Civil Code.
Consumer - a buyer who is a natural person, buying in the Store or taking actions aimed at making a purchase, without direct connection with his/her business or professional activity.
Account - a digital service, regulated by separate regulations, within the meaning of the Consumer Rights Act, through which the Buyer can take advantage of additional functions in the Store free of charge.
Buyer - any entity buying from the Store or taking steps to make a purchase.
Privileged Buyer - a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur - a Buyer who is an individual, concluding or intending to conclude a contract with the Seller under the Terms and Conditions directly related to his business, but not of a professional nature for him.
Regulations - these terms and conditions.
Store - JAKULO online store operated by the Seller at http://jakulo.com.
Seller - JACEK TOMASZ KUBAS, entrepreneur conducting business activity under the name Swiece i Mydlo Jacek Kubas, registered in the Central Register and Information on Business Activity conducted by the Minister of Economy and keeping the Central Register and Information on Business Activity, NIP 7272587939, REGON number 365323335, 30 Rodzynkowa Street, 92-709 Łódź.
Consumer Rights Act - Polish law of May 30, 2014 on consumer rights.
§ 2 CONTACT WITH THE SELLER
Postal address: 30 Rodzynkowa Street, 92-709 Łódź.
E-mail address: biuro@jakulo.pl
Phone: 727700275
The cost of a telephone call or data transmission made by the Buyer is based on the basic tariff of the telecommunications operator or Internet service provider used by the Buyer. The Seller notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission - depending on the tariff adopted by the telecommunications operator or ISP used by the Buyer.
§ 3 TECHNICAL REQUIREMENTS
For proper operation of the Store you need:
a device with access to the Internet
a web browser that supports JavaScript and cookies.
For placing an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is necessary.
§ 4 SHOPPING IN THE STORE
Product prices shown in the Store are the total prices for the product.
The Seller points out that the total price of an order consists of the indicated in the Store: the price for the product and, if applicable, the cost of delivery of the goods.
The product selected for purchase must be added to the shopping cart in the Store.
The Buyer then chooses the method of delivery of the goods and the method of payment for the order from among the options available in the Store, and provides the data necessary to complete the placed order.
The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
Placing an order is the same as concluding a contract between the Buyer and the Seller.
The Buyer may register with the Store, i.e. create an Account therein, or make purchases without registering by providing his/her data with each possible order.
§ 5 PAYMENTS
The following payment methods are available in the Store:
simple transfer to the Seller's bank account;
by payment card:
Visa
Visa Electron
MasterCard
MasterCard Electronic
Maestro
Through the payment platform:
Shoper Payments
eCard
dotpay
PayPal
PayU
Przelewy24
TPay.com
If the Buyer chooses to pay via the Shoper Payments platform, the online payment service provider is Autopay S.A.
If the Buyer chooses to pay in advance, the order must be paid for within 3 Business Days of placing the order.
By purchasing from the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.
§ 6 ORDER PROCESSING
The order completion date is indicated in the Store.
If the Buyer has chosen to pay in advance for the order, the Seller will proceed to fulfill the order after it has been paid.
In a situation where within one order the Buyer has purchased products with different lead times, the order will be fulfilled within the time limit applicable to the product with the longest lead time.
Countries on the territory of which the delivery is carried out:
Poland
Germany
United Kingdom
European Union
The following delivery methods are available in the Store:
via courier service;
via the Polish Post Office;
via ORLEN Parcels;
to InPost parcel machines.
The Buyer may pick up the goods in person at the company's headquarters during its opening hours.
If the Buyer chooses to collect the goods in person, the goods will be ready for collection on the indicated order completion date.
§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT
A privileged Buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
The term to withdraw from the contract expires after 14 days from the day:
on which the Priority Buyer came into possession of the goods or on which a third party other than the carrier and indicated by the Priority Buyer came into possession of the goods;
on which the Priority Buyer took possession of the last good, lot or part, or on which a third party other than the carrier and designated by the Priority Buyer took possession of the last good, lot or part, in the case of a contract obligating the transfer of ownership of multiple goods that are delivered separately, in lots or in parts.
In order for the privileged buyer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by mail or e-mail).
A privileged buyer may use the model withdrawal form located at the end of the Terms and Conditions, but it is not mandatory.
In order to observe the deadline for withdrawal, it is sufficient for the privileged Buyer to send information regarding the exercise of his right of withdrawal before the expiration of the deadline for withdrawal.
CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT
In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the privileged Buyer's choice of delivery method other than the cheapest ordinary delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the privileged Buyer's decision to exercise his right of withdrawal.
The Seller will refund the payment using the same means of payment that were used by the privileged Buyer in the original transaction, unless the privileged Buyer agrees to a different solution, in any case the privileged Buyer will not incur any fees in connection with the refund.
If the Seller has not offered to collect the goods from the Privileged Buyer itself, the Seller may withhold payment until it has received the goods or until it has been provided with proof of return, whichever event occurs first.
The seller asks to return the goods to the address: 30 Rodzynkowa St., 92-709 Łódź immediately, and in any case no later than 14 days from the day on which the Priority Buyer informed the Seller about withdrawal from the sales contract. The deadline is met if the privileged Buyer sends back the goods before the expiration of the 14-day period.
The privileged buyer shall bear the direct costs of returning the goods.
The privileged buyer shall be liable only for any diminution in the value of the goods resulting from the use of the goods other than what was necessary to ascertain the nature, characteristics and functioning of the goods.
If the goods, due to their nature, cannot be returned by ordinary mail, the Privileged Buyer will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.
In the event that a refund is required for a transaction made by a privileged Buyer with a payment card, the Seller will make the refund to the bank account assigned to that payment card.
§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Terms and Conditions, does not apply to a contract:
in which the subject of performance is a non-refabricated good, produced according to the specifications of the privileged Buyer or serving to meet his individualized needs;
in which the subject of the performance is goods that are subject to rapid deterioration or have a short shelf life;
in which the subject of performance is goods delivered in sealed packaging that cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
in which the subject of performance are goods, which after delivery, due to their nature, are inseparably combined with other things;
in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
for the supply of newspapers, periodicals or magazines, except for a subscription contract;
in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiration of the deadline for withdrawal from the contract.
§ 9 COMPLAINTS
I GENERAL PROVISIONS
The Seller shall be liable to the privileged Buyer for compliance of the performance with the contract, as provided for by generally applicable laws, including in particular the provisions of the Law on Consumer Rights.
The Seller requests that complaints (including those regarding the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Regulations.
If a warranty has been granted for the product, information about it, as well as its terms, is available in the Store.
The Seller will respond to the complaint within 14 days of its receipt.
II PRIVILEGED BUYERS
Goods
In case of non-conformity of the goods with the contract, the Privileged Buyer has the opportunity to exercise the rights set forth in Chapter 5a of the Consumer Rights Act.
The Seller shall be liable for the lack of conformity of the goods with the contract, existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
Pursuant to the provisions of the Law on Consumer Rights, in case of non-conformity with the contract, the privileged Buyer may demand:
replacement of the goods,
repair of the goods.
In addition, the Privileged Buyer may make a statement about:
price reduction,
withdraw from the contract
in a situation where:
The seller refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
The seller has failed to bring the goods into conformity with the contract in accordance with Article 43d Paragraphs 4-6 of the Consumer Rights Act;
the lack of conformity of the goods with the contract continues, even though the Seller has tried to bring the goods into conformity with the contract;
the lack of conformity of the goods with the contract is so significant that it justifies a reduction of the price or withdrawal from the contract without first using the means of protection specified in Article 43d of the Consumer Rights Act;
it is clear from the Seller's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the privileged Buyer.
In the case of goods subject to repair or replacement, the privileged Buyer shall make the goods available to the Seller. The Seller shall collect the goods from the Privileged Buyer at its expense.
The privileged Buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
In the event of withdrawal from the contract referred to in this section (relating to goods), the Privileged Buyer shall immediately return the goods to the Seller at the Seller's expense, to the address of 30 Rodzynkowa Street, 92-709 Łódź. The Seller shall return the price to the privileged Buyer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
The Seller shall return to the privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the privileged Buyer's statement on price reduction.
Out-of-court means of complaint handling and claim investigation
The Seller shall inform the Consumer about the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized for out-of-court dispute resolution. The consumer may use, among others:
the assistance of the relevant European Consumer Center from the Network of European Consumer Centers. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centers is, as a rule, free of charge. A list of country-specific Consumer Centers can be found at: https://konsument.gov.pl/eck-w-europie/
the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
In addition, the following forms of support are available in the Republic of Poland:
mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which one should apply for mediation. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
assistance of a locally competent permanent conciliatory consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the conciliatory court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
The preceding provision is for information purposes and does not constitute an obligation on the part of the Seller to use out-of-court dispute resolution.
The use of out-of-court means of processing complaints and claims is voluntary for both the Seller and the Consumer.
The Consumer may additionally use the free assistance of the municipal or district consumer ombudsman.
III BUYERS OTHER THAN PRIVILEGED BUYERS
In the event of a defect in the goods, a Buyer other than a privileged Buyer has the opportunity to claim the defective goods on the basis of the warranty regulated by the Civil Code.
Against a Buyer other than a privileged Buyer, 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 to the Buyer.
Pursuant to the Civil Code, a Buyer who is an entrepreneur other than a Privileged Entrepreneur loses his rights under the warranty if he did not examine the goods in the time and manner usual for goods of this type and did not immediately notify the Seller of the defect, and if the defect came to light only later - if he did not notify the Seller immediately after its discovery. Sending notice of the defect before its expiration is sufficient to meet the above deadline.
Using the warranty, a Buyer other than a privileged Buyer may, under the terms of the Civil Code:
make a statement on price reduction,
in the case of a material defect - make a statement on withdrawal from the contract,
demand replacement of the goods with defect-free goods,
demand removal of the defect.
If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller, the Buyer other than the privileged Buyer is obliged to deliver the goods to the address Rodzynkowa 30 Street, 92-709 Łódź.
§ 10 PERSONAL DATA
The administrator of the personal data provided by the Buyer while using the Store is the Seller. Detailed information about the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as recipients of the data - can be found in the privacy policy available at the Store - due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
The purpose of the processing of Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for processing personal data in this case is:
the contract or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) RODO),
Seller's legal obligation related to accounting (Article 6(1)(c) RODO), and
Vendor's legitimate interest in processing data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) RODO).
Provision of data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will make it impossible to conclude a contract in the Store.
Buyer's data provided in connection with purchases in the Store will be processed until:
the contract concluded between the Buyer and the Seller ceases to be in force;
there ceases to be a legal obligation on the Seller, obliging him to process Buyer's data;
the possibility of vindication of claims by the Buyer or the Seller, related to the contract concluded by the Store ceases;
the Buyer's objection to the processing of his personal data will be accepted - in the case where the basis for data processing was the legitimate interest of the Seller
- whichever is applicable in a given case.
The Buyer has the right to request:
access to his personal data,
their rectification,
deletion,
restriction of processing,
transfer of data to another administrator
as well as the right to:
object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him/her, based on Article 6(1)(f) of the RODO (i.e. on legitimate interests pursued by the Seller).
In order to exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Regulations.
If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the authority competent for the protection of personal data. In Poland, this is the President of the Office for Personal Data Protection.
§ 11 DISCLAIMERS
It is prohibited for the Buyer to provide unlawful content.
Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of fulfilling the order.
All contracts concluded on the basis of these Regulations shall be governed by Polish law, subject to paragraph 4.
The choice of Polish law for contracts concluded on the basis of these Regulations with a Consumer does not abrogate or limit the rights of that Buyer to which he is entitled on the basis of mandatory provisions of law applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if national regulations applicable to a given Consumer provide for protection broader than that provided under these Regulations or Polish law - the broader protection shall apply.
Contracts concluded on the basis of these Regulations are concluded in the Polish language.
In the case of a possible dispute with a Buyer who is not a Priority Buyer, related to a contract concluded through the Store, the competent court will be the court having jurisdiction over the registered office of the Seller.
Appendix No. 1 to the Regulations
Below is a sample withdrawal form, which the Consumer or Privileged Buyer may or may not use:
MODEL WITHDRAWAL FORM
(this form should be completed and sent back only if you wish to withdraw from the contract)
Swiece i Mydlo Jacek Kubas
30 Rodzynkowa St., 92-709 Lodz
e-mail address: biuro@jakulo.pl
- I/We(*) ..................................................................... hereby inform(*) about my/our withdrawal from the contract of sale of the following goods(*) / provision of the following service(*):
..............................................................................................................................................................................
..............................................................................................................................................................................
..............................................................................................................................................................................
- Date of conclusion of the contract(*)/ receipt(*)
..............................................................................................................................................................................
- Name of the Consumer(s)/Entrepreneur(s) privileged:
..............................................................................................................................................................................
- Address of the Consumer(s)/privileged Entrepreneur(s):
..............................................................................................................................................................................
..............................................................................................................................................................................
.............................................................................................
Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if the form is sent in hard copy)
Date ............................................
(*) Delete unnecessary.
Regulations of the Account
in JAKULO store
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of Revocation
§ 7 Personal Information
§ 8 Changes in Terms and Conditions or Account
§ 9 Final provisions
§ 1 DEFINITIONS
Consumer - a Customer who is a natural person and who has concluded an agreement on Account under the Terms and Conditions, or who takes steps to conclude such an agreement, without direct connection with his/her business or professional activity.
Account - a digital service within the meaning of the Consumer Rights Act, provided free of charge electronically by the Service Provider to the Customer, through which the Customer can take advantage of additional features in the Store.
Privileged Entrepreneur - a Service Recipient who is a natural person who enters into an Agreement for an Account under the Terms and Conditions (or who takes steps to enter into such an Agreement), directly related to his/her business, but not of a professional nature for him/her.
Regulations - these regulations of the Account.
Store - JAKULO online store operated by the Service Provider at http://jakulo.com.
Customer - any entity that has entered into an agreement to maintain an Account or is taking steps to enter into such an agreement.
Privileged Customer - a Customer who is a Consumer or a Privileged Entrepreneur.
Service Provider - JACEK TOMASZ KUBAS, Entrepreneur conducting business under the name Swiece i Mydlo Jacek Kubas, registered in the Central Register and Information on Business Activity conducted by the Minister responsible for the economy and maintaining the Central Register and Information on Business Activity, NIP 7272587939, REGON number 365323335, 30 Rodzynkowa Street, 92-709 Łódź.
Consumer Rights Act - the Polish Consumer Rights Act of May 30, 2014.
§ 2 CONTACT WITH THE SERVICE PROVIDER
Postal address: 30 Rodzynkowa Street, 92-709 Łódź
E-mail address: biuro@jakulo.pl
Phone: 727700275
The cost of a telephone call or data transmission made by the Service Recipient is based on the basic tariff of the telecommunications operator or Internet service provider used by the Service Recipient. The Service Provider notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission - depending on the tariff adopted by the telecommunications operator or ISP used by the Service Recipient.
§ 3 TECHNICAL REQUIREMENTS
For the proper functioning and establishment of the Account you need:
an active e-mail account,
a device with access to the Internet,
a web browser that supports JavaScript and cookies.
§ 4 ACCOUNT
The creation of an Account is completely voluntary and depends on the will of the Service Recipient.
An Account gives the Customer additional opportunities, such as: viewing the history of orders placed by the Customer in the Store, checking the status of the order or self-editing the Customer's data.
In order to set up an Account, the appropriate form must be filled in the Store.
When an Account is created, a contract for an indefinite period of time is concluded between the Client and the Service Provider for the maintenance of the Account under the terms specified in the Terms and Conditions.
The Service Provider shall begin to provide the service of maintaining the Account under the terms of the Terms and Conditions immediately after the conclusion of the contract for the Account.
The Service Recipient may cancel the Account at any time without incurring any costs.
The deletion of the Account shall result in the termination of the contract for Account maintenance. In order to remove the Account by the Service Provider, you must send your resignation from the Account to the Service Provider's email address provided in § 2 of the Terms and Conditions, which will result in the immediate removal of the Account and termination of the Account Agreement.
§ 5 COMPLAINTS
I GENERAL PROVISIONS
Service Provider requests that complaints regarding the Account be submitted to the postal or electronic address specified in § 2 of the Terms and Conditions.
The Service Provider will respond to the complaint within 14 days of receiving the complaint.
II PRIVILEGED RECIPIENTS
The Service Provider shall be liable to the Privileged Client for the compliance of the performance with the contract, as provided for by generally applicable laws, including in particular the provisions of the Consumer Rights Act.
In the event of improper performance of the Account contract by the Service Provider, the Privileged Customer has the option to exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
If the Service Provider has failed to deliver the digital service, the Privileged Customer may call on the Service Provider to deliver it. If, despite this, the Service Provider fails to deliver the digital service immediately or within an additional period of time expressly agreed upon by the Service Provider and the Privileged Customer, the Privileged Customer may withdraw from the Account Agreement.
The Privileged Customer may withdraw from the Account contract without calling for delivery of the digital service if:
it is clear from the Service Provider's statement or circumstances that it will not deliver the digital service, or
the Privileged Customer and the Service Provider agreed or it is clear from the circumstances of the Account Agreement that the specified date for the delivery of the digital service was of material importance to the Privileged Customer, and the Service Provider failed to deliver the digital service by that date.
The Service Provider shall be liable for the non-conformity with the Account agreement of the digital service delivered on a continuous basis, which occurred or became apparent at the time when, according to this agreement, the service was to be delivered.
If the digital service is not in compliance with the Account agreement, the Privileged Customer may demand that it be brought into compliance with this agreement.
If the digital service does not comply with the Account agreement, the Privileged Customer has the obligation to cooperate with the Service Provider, to a reasonable extent and with the least burdensome technical means, to determine whether the failure of the digital service to comply with the Account agreement in a timely manner is due to the characteristics of the Privileged Customer's digital environment.
In addition, if the digital service is not in compliance with the Account agreement, the Privileged Customer may submit a statement of withdrawal from the agreement when:
bringing the digital service into conformity with the Account agreement is impossible or requires excessive costs pursuant to Article 43m (2) and (3) of the Consumer Rights Act;
the Service Provider has failed to bring the digital service into compliance with the Account agreement within a reasonable time from the time the Service Provider was informed by the Priority Customer of the non-compliance with such agreement, and without undue inconvenience to the Priority Customer, taking into account the nature and purpose of such digital service for which it is used;
the non-compliance of the digital service with the Account Agreement continues, even though the Service Provider has attempted to bring the digital service into compliance with this Agreement;
the lack of compliance of the digital service with the Account agreement is so significant as to justify cancellation of the Account agreement without first availing oneself of the measure of protection set forth in Article 43m of the Consumer Rights Act (i.e., requesting that the digital service be brought into compliance with the agreement);
it is clear from the Service Provider's statement or circumstances that the Service Provider will not bring the digital service into compliance with the Account agreement within a reasonable time or without undue inconvenience to the privileged Customer.
III OUT-OF-COURT MEANS OF HANDLING COMPLAINTS AND REDRESS OF GRIEVANCES
The Service Provider shall inform the Consumer of the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized for out-of-court dispute resolution. The consumer may use, among others:
the assistance of the relevant European Consumer Center from the Network of European Consumer Centers. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centers is, as a rule, free of charge. A list of country-specific Consumer Centers can be found at: https://konsument.gov.pl/eck-w-europie/
the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
In addition, the following forms of support are available in the Republic of Poland:
mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which one should apply for mediation. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: >https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
assistance of the locally competent permanent conciliatory consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the conciliatory court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: >https://uokik.gov.pl/stale_sady_polubowne.php
The preceding provision is for informational purposes and does not constitute an obligation on the part of the Service Provider to use out-of-court dispute resolution.
The use of out-of-court ways to resolve complaints and claims is voluntary for both the Service Provider and the Consumer.
The Consumer may additionally use the free assistance of the municipal or district consumer ombudsman.
§ 6 RIGHT OF WITHDRAWAL FROM THE CONTRACT
The Privileged Customer has the right to withdraw from the contract for Account with the Service Provider, within 14 days without giving any reason.
The period for withdrawal from the Account contract expires after 14 days from the date of conclusion of this contract.
In order for a Priority Customer to exercise the right of withdrawal, he must inform the Service Provider, using the data provided in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by mail or e-mail).
A privileged Customer may use the model withdrawal form located at the end of the Terms and Conditions, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient for the Priority Customer to send information regarding the exercise of his/her right of withdrawal before the expiration of the withdrawal period.
§ 7 PERSONAL DATA
The administrator of the personal data provided by the Customer in connection with the conclusion of the contract for the Account is the Service Provider. Detailed information about the processing of personal data by the Service Provider - including other purposes and grounds for data processing, as well as recipients of the data, can be found in the privacy policy available in the Store - due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
The purpose of processing the Customer's data is to maintain the Account. The basis for the processing of personal data in this case is the contract for the operation of the Account or actions taken at the request of the Client to conclude the contract (Article 6(1)(b) of the DPA), as well as the legitimate interest of the Service Provider, consisting of the processing of data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) of the DPA).
Provision of data by the Service Recipient is voluntary, but at the same time necessary to conclude a contract for the Account and to provide the services covered by it. Failure to provide data means that the contract for the Account cannot be concluded, the Service Provider will not be able to provide the services covered by it.
The Customer's data will be processed until:
the contract for the Account ceases to be in force;
the possibility of asserting claims by the Client or the Service Provider related to the Account ceases;
the Client's objection to the processing of his/her personal data is accepted - if the basis of the processing was the legitimate interest of the Service Provider
- whichever is applicable in a given case.
The Service Recipient has the right to request:
access to his/her personal data,
their rectification,
deletion,
restriction of processing,
transfer of data to another administrator
as well as the right to:
object at any time to the processing of data for reasons related to the Service Recipient's particular situation - to the processing of personal data concerning him/her, based on Article 6(1)(f) of the RODO (i.e. on legitimate interests pursued by the Service Provider).
In order to exercise its rights, the Service Recipient should contact the Service Provider.
If the Service Recipient believes that his/her data is being processed unlawfully, the Service Recipient may file a complaint with the authority competent for the protection of personal data. In Poland, this is the President of the Office for Personal Data Protection.
§ 8 CHANGE IN THE REGULATIONS OR ACCOUNT
The Service Provider reserves the right to change the Terms and Conditions only for important reasons. An important reason is understood to be the necessity to change the Regulations caused by:
a change in the functionality of the Account, requiring modification of the Terms and Conditions, or
a change in the law, affecting the implementation of the contract for the operation of the Account by the Service Provider or adaptation of services to the recommendations, guidelines, orders or prohibitions, rulings, provisions, interpretations or decisions of authorized public authorities or
change of contact or identification data of the Service Provider.
Information about the planned change to the Terms and Conditions will be sent to the e-mail address of the Service Recipient assigned to the Account at least 7 days before the changes take effect.
If the Service Recipient does not object to the planned changes by the time they take effect, he/she is deemed to accept them, which does not constitute any obstacle to the termination of the contract in the future.
If the Client does not accept the planned changes, the Client should send a notice to the Service Provider's e-mail address specified in § 2 of the Terms and Conditions, which will result in the termination of the Agreement for Account maintenance as soon as the planned changes take effect.
The Service Provider may make changes to the Account that are not necessary for its compliance with the Account agreement, for the reason indicated in paragraph 1(b) or due to a change in the functionality of the Account. The implementation of the change referred to in the preceding sentence shall not incur any costs on the part of the Privileged Customer. The provisions of paragraphs 2-4 shall apply accordingly.
If the change referred to in paragraph 5 materially and adversely affects the Privileged Customer's access to or use of the Account, the Service Provider shall send to the Privileged Customer's e-mail address, well in advance, on a durable medium, information about the characteristics and timing of the change and the rights of the Privileged Customer in connection with the change.
§ 9 FINAL PROVISIONS
The provision of unlawful content by the Customer is prohibited.
The Agreement for maintaining an Account is concluded in the Polish language.
The Agreement concluded under these Terms and Conditions shall be governed by Polish law, subject to Section 4.
The choice of Polish law for an agreement concluded on the basis of these Terms and Conditions with a Consumer does not waive or limit the Consumer's rights under mandatory provisions of law applicable to the Consumer in a situation where there is no choice of law. This means, in particular, that if the national regulations applicable to a given Consumer provide for protection that is broader than that under these Regulations or Polish law - the broader protection shall apply.
In the event of a possible dispute with a Customer who is not a privileged Customer, related to the contract for the operation of the Account, the competent court will be the court of competent jurisdiction for the seat of the Service Provider.
Appendix No. 1 to the Terms and Conditions
Below is a sample withdrawal form, which the Consumer or Privileged Business may or may not use:
MODEL WITHDRAWAL FORM
(this form should be completed and sent back only if you wish to withdraw from the contract)
Swiece i Mydlo Jacek Kubas
30 Rodzynkowa St., 92-709 Lodz
e-mail address: biuro@jakulo.pl
- I/We(*) ..................................................................... hereby inform(*) about my/our withdrawal from the contract for the provision of the following service(*) / for the supply of digital content in the form(*):
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- Date of conclusion of the contract(*)
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- Name of the Consumer(s)/Entrepreneur(s) privileged:
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- Address of the Consumer(s)/privileged Entrepreneur(s):
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Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if the form is sent in hard copy)
Date ............................................
(*) Delete unnecessary.