TERMS AND CONDITIONS OF THE ON-LINE STORE
The present Terms and Conditions describe the general conditions, rules and mode of sale conducted by Justyna Brzozowska, conducting business activity under the company name JOY MARKETING SOLUTIONS JUSTYNA BRZOZOWSKA with seat in Łódź, Poland, via the on-line store www.feeljoy.pl (referred to in the contents as the „On-line store”) and describes the terms and conditions of provision by Justyna Brzozowska, conducting business activity under the company name JOY MARKETING SOLUTIONS JUSTYNA BRZOZOWSKA with seat in Łódź, Poland, free services by e-mail.
§ 1 Definitions
Business days – designates days of the week from Monday to Friday, excluding statutory off days.
Carrier – describes an entity, with which the Retailer cooperates in terms of effecting Deliveries of the Goods:
a delivery service;
Poczta Polska S. A. with seat in Warsaw, Poland.
Consumer – denotes a natural person concluding a legal transaction with an entrepreneur, not directly related with their business or professional activity.
Customer – denotes an entity, to the benefit of which, according to the Terms and Conditions, and the provisions of the law, services may be provided by electronic means, or with whom a Sales contract can be concluded.
Customer Account – denotes an access panel, individual for each Customer, put into operation for their benefit by the Retailer, following the conclusion of Registration by the Customer and the conclusion of the contract for the provision of the service of Customer Account Keeping.
Delivery – designates an actual activity entailing delivery to the Customer, by the Retailer, via a Carrier, the Goods designated in the order.
Entrepreneur – denotes a natural or legal person, or an organisational entity without legal personality, which is statutorily provided with legal identity, conducting in own name business or professional activity, and conducting a legal act related directly to their business or professional activity.
Goods – denotes a product presented by the Retailer by way of the Store website, which can be the object of sale.
Password – denotes a string of letters, digits or any other characters chosen by the Customer during Registration with the On-line store, used for the purpose of securing access to the Customer Account in the On-line store.
Permanent carrier – denotes a material or tool permitting the Customer or Retailer to store information directed personally at them, in a manner permitting access to the information in the future over a time appropriate for the purposes, which this information serves, and which permit the recall of the stored information in an unchanged manner.
Registration – denotes an actual activity effected in a manner set forth in the Terms and Conditions, required for the utilisation by the Customer of all functions of the On-line store.
Retail office – designates the location foreseen for Customer services, under the address 6. Sierpnia 4, 90-422 Łódź, Poland
Retailer – denotes Justyna Brzozowska, conducting business activity under the company name JOY MARKETING SOLUTIONS JUSTYNA BRZOZOWSKA with seat in Poland, Łódź, post code 91-360, address Jaspisowa 68, NIP (tax identification) no. 7262343911, REGON (statistical) no. 100081811, entered into the Central Register and Information on Economic Activity kept by the Polish Minister of Development; e-mail address: firstname.lastname@example.org, at the same time being the owner of the On-line store.
Sales contract – denotes a sales contract concluded remotely, pursuant to the provisions set forth in the Terms and Conditions, between the Customer and the Retailer.
Store website – denotes the web pages, on which the Retailer keeps the On-line store, operating under the domain name www.feeljoy.pl.
Terms and Conditions – the present terms and conditions.
§ 2 General provisions and the use of the On-line store
All rights to the On-line store, including material copyrights, intellectual property rights as to its name, web domain, Store website as well as the templates, forms, logos uploaded to the Store website (excluding logos and images presented on the Store website for the purpose of presentation of goods, to which copyrights belong to third parties), belong to the Retailer, and their use may only take place in a fashion described in and conforming to the Terms and Provisions, and by consent of the Retailer expressed in written form.
The Retailer uses the mechanism of "cookie" files, which are stored by the Retailer's server on the hard drive of the Customer end device during the use by the Customers of the Store website. The use of "cookie" files has the goal of ensuring correct functioning of the Store website on Customer end devices. This mechanism does not destroy the Customer end device, and does not cause configuration changes to the Customer end devices or the software installed on these devices. Any Customer can disable the „cookie” mechanism in their end device web browser. The Retailer indicates that disabling „cookie” files, however, can cause difficulty or prevent the use of the Store website.
To place an order with the On-line store through the Store website, and to make use of services rendered electronically through the Store website, it is necessary for the Customer to hold an active e-mail account.
To place an order with the On-line store by phone, it is necessary for the customer to hold an active phone number and an active e-mail account.
It is forbidden for the Customer to provide illegal contents, and for the Customer to utilise the On-line store, the Store website or free services rendered by the Retailer in a manner that is contrary to the law, good conduct or one that would violate the personal good of third parties.
The Retailer states that the public character of the Internet and the use of services rendered by e-mail may be related to the threat of the Customers' data being obtained and modified by unauthorised persons, hence, the Customers should use the appropriate technical resources to reduce the threats indicated above. They should in particular utilise anti-virus software protecting the identity of those using the Internet. The Retailer never asks the Customers to provide them with their Passwords in any form.
It is forbidden to use the resources and functions of the On-line store for the purpose of the Customer undertaking activities that would harm the interests of the Retailer.
§ 3 Registration
The Customer is obligated to perform a free Registration in order to create a Customer account.
Registration is not necessary to place an order with the On-line store.
For the purpose of Registration, the Customer should fill in the registration form provided by the Retailer on the Store website, and send the completed registration form by e-mail to the Retailer by selection of the relevant function found in the registration form. During the registration process, the Customer sets their individual password.
While filling in the registration form, the Customer is able to study the Terms and Conditions, accepting its provisions by marking an appropriate field in the form.
Having sent in the completed registration form, the Customer receives immediately, by e-mail, to the e-mail address indicated in the registration form, a confirmation of Registration from the Retailer. At that moment, a contract is concluded concerning the provision of the on-line service of Customer Account Keeping, and the Customer gains access to the Customer Account and is permitted to modify the data provided at Registration.
§ 4 Orders
The information found on the Store website do not constitute an offer of the Retailer as understood by the Polish Civil Code (Pl. Kodeks Cywilny), but solely an invitation for the Customers to make offers concerning the conclusion of Sales contracts.
The Customer may place orders with the On-line store via the Store website seven days a week, 24 hours a day.
The Customer may place orders with the On-line store by phone during the times and on the days indicated at the Store website.
A Customer placing an order via the Store website completes their order choosing the Goods they are interested in. Adding Goods to the order is effected by choosing the order 'To the basket' under the relevant Goods shown on the Store website. Having completed the order and indicated in the 'Basket' the mode of Delivery and payment, they place the order by sending the order form to the Retailer, choosing on the Store website the button “Order with payment obligation”. Each time before the order is sent to the Retailer, the Customer is informed of the total price for the selected Goods and Delivery, as well as of all other auxiliary costs they are obligated to bear in relation to the Sales contract.
A Customer placing an order by phone uses for this purpose the phone number indicated by the Retailer on the Store website. The Customer places the order by phone, indicating to the Retailer the name of the Goods, from among the Goods found on the Store website, and the volume of Goods that they wish to order. Having indicated the entirety of the order, the Customer describes the mode and address of Delivery and the form of payment, and indicates, at their choice, their e-mail address or correspondence address in order to confirm the order. Each time the Customer places an order by phone, the Retailer informs the Customer about the total price of the selected Goods and the total cost of the chosen mode of Delivery, and in addition about all auxiliary costs that they are obligated to bear in relation to the Sales contract.
Following the Customer having placed the order by phone, the Retailer shall send on a Permanent carrier, to the e-mail or postal address indicated by the Customer, an information containing a confirmation of the conditions of the Sales contract. The confirmation includes in particular: A description of the Goods constituting the subject of the Sales contract, its price, the costs of Delivery and an information on any other costs, which the Customer is obligated to bear in relation to the Sales contract.
Placement of an order constitutes the Customer making the Retailer an offer to conclude a Sales contract spanning the goods forming the subject of the order.
With the order placed, the Retailer will send to the e-mail address provided by the Customer a confirmation of its placement.
Then, upon confirmation of the placement of the order, the Retailer will send to the e-mail address indicated by the Customer an information of acceptance of the order into completion. The information of the acceptance of the order for completion is a statement by the Retailer of acceptance of the offer mentioned in § 4 sec. 7 above (and the moment the Customer receives it, the Sales contract is concluded).
Upon conclusion of the Sales contract, the Retailer confirms to the Customer its conditions, sending by Permanent carrier to the e-mail address of the Customer, or in written form to the postal address indicated by the Customer during Registration or the placement of the order.
§ 5 Payment
The prices indicated at the Store website at the Goods are gross prices and are exclusive of any information concerning the costs of Delivery and any other costs that the Customer shall be obligated to bear in relation to the Sales contract, about which the Customer shall be notified when choosing the mode of Delivery and placing the order.
The Customer may choose the following modes of payment for the ordered Goods:
bank transfer to the bank account of the Retailer (in this case, the execution of the order shall commence after the Retailer sends to the Customer a confirmation of acceptance of the order and after the resources are credited on the bank account of the Retailer);
bank transfer to the bank account of the Retailer with the option of personal pick-up at the Retail Office (in this case, the execution of the order shall commence immediately after the Retailer sends to the Customer a confirmation of acceptance of the order, and the Goods will be handed over at the Retail Office after the resources are credited on the bank account of the Retailer);
cash on delivery, payment to the Carrier at execution of Delivery (in this case, the execution of the order begins after the Retailer sends to the Customer a confirmation of acceptance of the order);
cash on personal pick-up – payment at the Retail Office (in this case, the execution of the order commences immediately after the Retailer sends to the Customer a confirmation of acceptance of the order, and the Goods shall be handed over at the Retail Office).
In every case, the Customer is notified by the Retailer on the Store website about the payment deadline for the order, in the amount stemming from the concluded Sales contract.
In case of the Customer failing to render payment by the deadlined mentioned in § 5 sec. 3 of the Terms and Conditions, the Retailer shall indicate to the Customer an additional payment deadline, notifying the Customer about it using a Permanent carrier. The information of the additional payment deadline also contains the information that with this deadline passing without effect, the Retailer shall withdraw from the Sales contract. In case of ineffective expiry of the second payment deadline, the Retailer shall indicate to the Customer by Permanent carrier a statement about withdrawal from the contract pursuant to art. 491 of the Polish Civil Code.
§ 6 Delivery
The Retailer effects Delivery on the territory of the Republic of Poland.
The Retailer is obligated to deliver the Goods being the subject of the Sales contract without faults.
The Retailer places on the Store website an information on the number of Business days required for Delivery and execution of the order.
The deadline of Delivery and order execution indicated on the Store website is stated in Business days per § 5 sec. 2 of the Terms and Conditions.
The ordered Goods are delivered to the Customer by a Carrier to the address indicated in the order form.
On the day of shipment of the Goods to the Customer (if the option of personal pick-up of the Goods has not been chosen), an information is sent to the e-mail address of the Customer, confirming the shipment by the Retailer.
The Customer is obligated to inspect the delivered shipment in a time and in a mode customary for shipments of the relevant type. Should deficiencies or damage to the shipment be determined, the Customer is permitted to request from the employee of the Carrier that an appropriate protocol be drawn up.
The Customer is permitted to pick up the ordered Goods personally. Pick-up can be done at the Retail Offices on Business days during the business hours indicated on the Store website, having arranged the pick-up with the Retailer beforehand by e-mail or phone.
According to the will of the Customer, the Retailer attaches to the shipment, being the subject of Delivery, a receipt or VAT invoice spanning the delivered goods.
Should the Customer not be present at the indicated address provided at placement of the order as the Delivery address, the employee of the Carrier shall leave behind a note or shall undertake an attempt at phone contact for the purpose of setting a new delivery deadline, at which the Customer would be present. In case of return the Goods to the On-line store by the Carrier, the Retailer shall contact the Customer by e-mail or phone, setting together with the Customer a Delivery deadline cost anew.
§ 7 Statutory warranty
The Retailer ensures the Delivery of Goods that are without physical and legal flaws. The Retailer is responsible with respect to the Customer, should the goods have physical or legal defects (statutory warranty).
Should the Goods be defective, the Customer may:
submit a statement concerning the reduction of the price or withdrawal from the Sales contract, unless the Retailer replaces immediately, and without undue inconveniences to the Customer, defective goods with goods free of defects, or unless they remove the defects.
This limitation does not apply if the Goods had already been replaced or repaired by the Retailer, or if the Retailer had not done justice to the obligation to replace the Goods with Goods that are free of defects or to remove the defects. The Customer may, alternatively to removal of the defect as suggested by the Retailer, demand the replacement of the Goods with Goods that are free of defects, or instead of replacement of Goods, demand the removal of defects, unless it would be impossible or unless it would require excessive costs as compared to the mode suggested by the Retailer to effect the compliance of the Goods with the contract in the mode chosen by the Customer. For the purpose of evaluation of excessiveness of costs, considered is the value of Goods free of defects, the type and importance of the determined defect, as well as the inconveniences that the Customer would be at risk of in case of an alternative mode of satisfaction.
demand the replacement of the defective Goods against Goods that are free of defects, or remove the defect. The Retailer is obligated to replace defective Goods with Goods free of defects, or remove the defects in a reasonable time frame without excess inconveniences to the Customer.
The Retailer may deny satisfying the demand of the Customer, if the it would be impossible to effect compliance of the defective Goods with the Sales contract in the mode chosen by the Customer, or if, compared to the other possible mode of effecting compliance with the Sales contract, this would require excess cost. The cost of repair or replacement is borne by the Retailer.
A Customer invoking statutory warranty is obligated to delivery the faulty Goods to the address of the Retailer. In case of a Customer being a Consumer, the costs of delivery are borne by the Retailer.
The Retailer is liable according to statutory warranty if the physical defect is discovered within two years from the release of Goods to the Customer. The claim for removal of the defect or replacement of the Goods with Goods that are free of defects expires after one year, however, this deadline may not pass before the expiry of the deadline indicated in the first sentence. Within this period, the Customer may withdraw from the Sales contract or submit a motion for the reduction of the price due to defects of Goods. If the Customer demanded the replacement of Goods with Goods that are free of defects, or the removal of defects, then the period for withdrawal from the Sales contract or for the submission of the motion for price reduction begins with the ineffective expiry of the deadline for the replacement of Goods or the removal of the defect.
All complaints related to the Goods or the execution of Sales contracts may be filed in writing at the address of the Retailer.
The Retailer will reply to the complaint concerning Goods or complaints related to the execution of Sales contracts as filed by the Customer within fourteen days of the day of the demand containing the complaint.
The Customer may submit to the Retailer a complaint related to the use of free services provided by e-mail by the Retailer. The complained may be submitted in electronic form, and sent to the address email@example.com. The complaint submission should include the Customer's description of the encountered issue. The Retailer shall consider complaints and provide replies to Customers immediately, however, not later than within fourteen days.
§ 8 Withdrawal from the Sales contract
A Customer being a Consumer, who had concluded a Sales contract, may withdraw from this contract within fourteen days, without stating a reason.
The period of withdrawal from the Sales contract begins at the time of takeover of the Goods by the Consumer.
The Consumer may withdraw from the Sales contract by submitting to the Retailer a statement of withdrawal. This statement may be made e. g. in writing to the address of the Retailer, by e-mail to the address of the Retailer. The statement may be filed using the form, a template of which was uploaded by the Retailer to the Store website, under the address Withdrawal form. The deadline is deemed to have been abided by if the statement is sent before its expiry.
The Consumer may withdraw from the Sales contract by submitting to the Retailer a statement on the withdrawal from the contract using the form provided on the website under the address Electronic withdrawal form. The deadline is deemed to have been abided by if the statement is sent before its expiry. The Retailer will immediately confirm to the Consumer the receipt of the form submitted using the website.
In case of withdrawal from the Sales contract, it is deemed to have not been concluded.
If the Consumer files a statement of withdrawal from the Sales contract before the Retailer accepted their offer, then the offer ceases to be binding.
The Retailer is obligated to return to the Consumer, immediately, however, not later than within fourteen days from the day of receipt of the Consumer statement on withdrawal from the Sales contract, all payments effected by them, including the costs of Delivery of the Goods to the Consumer. The Retailer may withhold the payments received from the Consumer until receipt of the Goods being returned, or until the Customer provides proof of return of the Goods, whichever of these is earlier.
Should the Consumer invoking the right of withdrawal choose a mode of delivery of the Goods other than the cheapest ordinary mode of Delivery offered by the Retailer, then the Retailer is not obligated to return to the Consumer the additional cost borne by them.
The Consumer is obligated to return the Goods to the Retailer immediately, however, not later than within fourteen days from the day, on which they have withdrawn from the Sales contract. For adherence to the deadline, sufficient is sending the Goods back to the address of the Retailer before expiry of the deadline.
In case of withdrawal, a Customer being a Consumer bears only the direct costs of return of the Goods.
If by virtue of its nature the Goods cannot be sent ordinarily by post, the Retailer notifies the Consumer about the cost of return of the Goods on the Store website.
The Consumer bears responsibility for the reduction of the value of the goods, being the effect of its use beyond the mode necessary to determine the character, properties and functioning of the Goods.
The Retailer effects the return of payment using the same mode of payment, as the one used by the Consumer, unless the Consumer expressly agreed to a different form of return, which is not related to any costs for them.
§ 9 Free services
The Retailer provides the Customers with the following free electronic services:
Customer Account Keeping.
The services indicated under § 9 sec. 1 above are provided seven days a week, 24 hours a day.
The Retailer reserves the right to choose and change the type, form, time and mode of provision of access to select above services, about which they shall notify Customers In a manner appropriate for changes to the Terms and Conditions.
The Contact form service entails sending through the use of the form placed on the Store website of messages to the Retailer.
The withdrawal from the free service of the Contact form is possible at any time and entails the cessation of sending queries to the Retailer.
The Newsletter service may be used by any Customer, who would provide their e-mail address, using for this purpose the registration form provided by the Retailer on the Store website. Upon transmission of the completed registration form, the Customer immediately receives by e-mail to the address provided in the registration form, a confirmation from the Retailer. At that moment, a contract is concluded spanning the provision of the Newsletter service by e-mail.
The Newsletter service entails the Retailer sending, to the e-mail address, messages in electronic form containing information about new products or services in the range offered by the Retailer. The Newsletter is sent by the Retailer to all Customers, who have subscribed to it.
Each Newsletter sent to given Customers contains, in particular, information about the sender, the “Subject” field defining the contents of the message, and information about the possibility and mode of unsubscribing from the free Newsletter service.
A Customer may at any time withdraw from the Newsletter service by unsubscribing using the link placed in each electronic message sent as part of the Newsletter service, or through selection of an appropriate field in the Customer account.
The Customer Account Keeping service is available following Registration pursuant to conditions set forth in the Terms and Conditions, and entails provision to the Customer of a dedicated panel within the Store website, permitting the Customer to modify the data they have provided at Registration, and following the execution process for orders and the history of orders already completed.
A Customer who had completed registration may submit a request to delete the Customer Account with the Retailer, whereby in case of submission of a request to delete a Customer Account by the Retailer, it can be deleted within up to fourteen days from the submission of the request.
The Retailer is entitled to lock out access to the Customer account and free services, in case of Customer actions harming the Retailer or other Customers, of violations of the provisions of the law or the Terms and Conditions by the Customer, and if the lock out of access to the Customer Account and the free services is substantiated by reasons of security – in particular, with the Customer violating security provisions of the Store website or other actions of hacking nature. The lock-out of access to the Customer account and free services for reasons named above persists for a period necessary to solve the issue forming the basis for the Customer account and free service access lock-out. The Retailer notifies the Customer about his access to the Customer Account and free services being blocked by e-mail to the address provided by the Customer in the registration form.
§ 10 Protection of personal data
The Retailer is the administrator of the personal data of Customers provided to the Retailer of their own accord as part of Registration, during the submission of single orders or those provided as part of the provision by the Retailer of electronic services or as part of other circumstances described in the Terms and Conditions.
The Retailer processes the Customers' personal data for the purpose of execution of orders, provision by the Retailer of electronic services and for other purposes set forth in the Terms and Conditions. The data is processed solely pursuant to provisions of the law or consent expressed by the Customer per the provisions of the law in force.
The collection of personal data provided to the Retailer is reported by the Retailer to the Polish Inspector General for the Protection of Personal Data.
The Customer transfers to the Retailer their personal data of their own accord, with the reservation, however, that failure to provide relevant data in the registration process prevents Registration and creation of a Customer Account and prevents the submission and execution of Customer orders, in case orders are submitted without the Registration of a Customer Account.
Anyone providing their personal data to the Retailer has the right to access their content, to correct them or demand their deletion, and in cases foreseen by provisions of the law, to request the cessation of processing of their personal data.
The Retailer ensures the possibility of removal of personal data from the kept archive, in particular in case of deletion of a Customer account. The Retailer may decline to delete personal data if the Customer had not settled all their dues against the Retailer, or if they had violated provisions of the law in force, and the retention of the personal data is necessary for the clarification of these circumstances and the determination of the liability of the Customer.
The Retailer protects the personal data provided to them and makes every effort to secure them against unauthorised access or against use by unauthorised persons.
The Retailer transfers personal data of Customers to the Carrier in the scope necessary to execute Deliveries.
§ 11 Dissolution of the contract (does not apply to Sales contracts)
Both the Customer and the Retailer may dissolve the contract concerning the provision of electronic services at any time without stating the reasons, with the reservation of retention of rights gained by the other party before the dissolution of the mentioned contract and the provisions below.
A Customer, who had completed registration, dissolves the contract concerning the provision of electronic services by sending to the Retailer an appropriate statement of will, using any remote communications service, permitting the Retailer to become acquainted with the Customer's statement of will.
The Retailer dissolves the contract concerning the provision of electronic services by sending to the Customer an appropriate statement of will to the e-mail address indicated by the Customer during Registration.
§ 12 Final provisions
The Retailer is liable for non-execution or defective execution of the contract, however, in case of contracts concluded with Customers being Entrepreneurs, the Retailer is only liable in case of deliberate harm and to the extent of the losses actually incurred by the Customer being an Entrepreneur.
The contents of the present Terms and Conditions may be stored by printing, saving to data storage media or download at any time from the Store website.
In case of disputes related to concluded Sales contracts, the parties will strive to solve the matter amicably. The law in force for the settlement of all disputes arising pursuant to the present Terms and Conditions is the law of Poland.
Any Customer may utilise modes of processing of complaints and pursuit of claims outside of the legal route. In this respect, it is permissible for the Customer to utilise mediation. Lists of permanent mediators and existing mediation facilities are provided and made available by the chairpersons of the relevant district courts. A Customer being a Consumer can also make use of modes of processing of complaints and pursuit of claims outside of courts through submitting their complaint using the EU ODR platform available under the address http://ec.europa.eu/consumers/odr/.
The Retailer reserves the right to amend these Terms and Conditions. All orders accepted by the Retailer for execution before the day of entry into force of new Terms and Conditions are executed based on Terms and Conditions in force on the day of submission of the order by the Customer. Changes to the Terms and Conditions enter into force within seven days from the day of their publication on the Store website. The Retailer will notify the Customer seven days before entry into force of new Terms and Conditions about changes to the Terms and Conditions, through notifications sent by e-mail, containing a link to the contents of the amended Terms and Conditions. Should the Customer not accept the new contents of the Terms and Conditions, they are obliged to notify the Retailer of this, which results in the dissolution of the Contract per the provisions of § 11 of the Terms and Conditions.
The Terms and Conditions enter into force on 01.08.2016.