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If you need help, call 882 121 270 | manufacturer’s quality | free delivery

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If you need help, call 882 121 270 | manufacturer’s quality | free delivery

Regulations

§ 1

Preliminary provisions

  1. The JarTim online store, available at the Internet address Jartim.pl is operated by JarTim Jarosław Wolny. based in Olesno, NIP: 576-129-11-14
  2. All displayed product prices are gross prices (include 23% VAT)
  3. Payment for the order on delivery or in advance on account, payments are handled by the Przelewy24 system.
  4. The present Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for the use of the Online Store and the principles and procedure for concluding Distance Sales Agreements with the Customer through the Store.

§ 2

Definitions

  1. Consumer – a natural person concluding a contract with the Seller within the framework of the Store, the subject of which is not directly related to his/her economic or professional activity.
  2. Seller – JarTim Jarosław Wolny. headquartered in 46-300 Olesno, 20 Częstochowska St., NIP: 576-129-11-14
  3. Customer – any entity making purchases through the Store.
  4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, who uses the Store.
  5. Store – an online store operated by the Seller at the Internet address www.jartim.pl
  6. Distance contract – a contract concluded with the Customer within an organized system for concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
  7. Regulations – these regulations of the Store.
  8. Order – the Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Contract for Sale of a Product or Products with the Seller.
  9. Account – customer’s account in the Store, it collects data provided by the Customer and information about Orders placed by him/her in the Store.
  10. Registration form – a form available in the Store, which allows you to create an Account.
  11. Order Form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  12. Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.
  13. Product – a movable item/service available in the Store, which is the subject of the Sales Contract between the Customer and the Seller.
  14. Contract of Sale – a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store. The Contract of Sale is also understood – applying to the characteristics of the Product – a contract for the provision of services and a contract for work.

§ 3

Contact the Store

  1. Seller’s address: ul. Częstochowska 20, 46-300 Olesno, Poland
  2. Seller’s e-mail address: sprzedaz@jartim.pl
  3. Seller’s telephone number: +48 882 121 270, +48 889 892 727, +48 735 989 952
  4. Bank account number: mBank 21 1140 2017 0000 4502 1306 5152
  5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this section.
  6. The Customer may contact the Seller by phone between 8:00 AM and 4:00 PM (Monday – Friday).

§ 4

Technical requirements

In order to use the Store, including browsing the assortment and placing orders for Products, you need:

a) a terminal device with access to the Internet and a PC-type Internet browser,

b) an active electronic mail (e-mail) account,

c) cookies enabled,

d) FlashPlayer installed.

§ 5

General Information

  1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the operation of the Store caused by force majeure, unauthorized acts of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
  2. Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to enable the execution of the Order without creating an Account.
  3. Prices given in the Store are given in Polish zloty and are gross prices (including VAT).
  4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
  5. In the case of an Agreement covering subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the billing period.
  6. When the nature of the subject matter of the Contract does not, reasonably judging, allow the amount of the final (final) price to be calculated in advance, information on how the price will be calculated, as well as on transportation, delivery, postal and other charges, will be provided in the Store in the Product description.

§ 6

Establishing an Account in the Store

In order to create an Account in the Store, you need to fill out the Registration Form. It is necessary to provide the following data: name, address and nip of the company.

  1. Opening an Account in the Store is free
  2. Logging into the Account is done by providing the login and password established in the Registration Form.
  3. Customer has the opportunity at any time, without giving any reason and without incurring any fees on this account, to delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 3.

§ 7

Rules for placing an Order

In order to place an Order, you must:

  1. log in to the Store www.jartim.pl
  2. select the Product that is the subject of the Order, and then click the “Add to cart” button;
  3. click the “Order and pay”/click the “Order and pay” button and confirm the order by clicking on the link sent in the email message;
  4. select one of the available payment methods and, depending on the payment method, pay for the order by the specified deadline, subject to § 8.3.

§ 8

Offered delivery and payment methods

The Customer may use the following methods of delivery or collection of the ordered Product:

a) Courier delivery, cash on delivery,

b) Personal collection available at: 46-300 Olesno, 20 Częstochowska St.

The customer can use the following payment methods:

a) Payment upon receipt of goods at the company’s headquarters in Olesno

b) Payment on delivery

c) Prepayment by bank transfer to the Seller’s account

d) Electronic payment (PayU fast payment system)

Detailed information on delivery methods and acceptable payment methods can be found behind the Store pages.

§ 9

Performance of the contract of sale

  1. The Sales Agreement between the Customer and the Seller is concluded once the Customer has placed an Order using the Order Form on the Online Shop in accordance with § 7 of the Terms and Conditions.
  2. Once an Order has been placed, the Seller shall immediately confirm receipt thereof and, at the same time, accept the Order for processing. Confirmation of receipt of the Order and its acceptance for fulfilment shall take place by the Seller sending the Customer an appropriate email to the email address provided by the Customer when placing the Order, which shall contain at least a statement by the Seller confirming receipt of the Order and its acceptance for fulfilment, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above email, a Sales Agreement is concluded between the Customer and the Seller.
  3. If the Customer chooses:

a) In the case of bank transfers, electronic payments or card payments, the Customer is required to make payment within 3 calendar days of the date on which the Sales Agreement is concluded – otherwise, the order will be cancelled.

b) cash on delivery: the Customer is required to pay upon collection of the parcel.

c) for cash on delivery payments, the Customer is required to make payment upon collection of the parcel within 3 days of being notified that the parcel is ready for collection.

  1. If the Customer has chosen a delivery method other than collection in person, the Product will be dispatched by the Seller within the timeframe specified in its description (subject to clause 5 of this paragraph), using the method selected by the Customer when placing the Order.

a) Where Products with different delivery dates are ordered, the delivery date shall be the latest date specified.

b) Where Products with different delivery dates are ordered, the Customer may request that the Products be delivered in instalments or that all Products be delivered once the entire order has been completed.

The start of the delivery period for the Product to the Customer is calculated as follows:

a) If the Customer chooses to pay by bank transfer, electronic payment or payment card – from the date on which the Seller’s bank account is credited.

b) If the Customer chooses to pay on delivery – from the date on which the Sales Contract is concluded,

 

  1. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date specified in the Product description. The Seller will also notify the Customer that the Product is ready for collection by sending an email to the Customer’s email address provided when placing the Order.
  2. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date specified in the Product description. The Seller will also notify the Customer that the Product is ready for collection by sending an email to the Customer’s email address provided when placing the Order.
  3. The product is delivered exclusively within Poland.

§ 10

Right of withdrawal

  1. The consumer may withdraw from the Sales Contract within 14 days without giving any reason.
  2. The period specified in paragraph 1 begins upon delivery of the Product to the Consumer or to a person designated by the Consumer, other than the carrier.
  3. In the case of a Contract covering multiple Products that are delivered separately, in batches or in instalments, the period specified in paragraph 1 shall run from the delivery of the last item, batch or instalment.
  4. In the case of a Contract involving the regular supply of Products for a fixed period (subscription), the period specified in paragraph 1 shall run from the date on which the first item is taken into possession.
  5. The Consumer may withdraw from the Contract by submitting a notice of withdrawal to the Seller. To meet the deadline for withdrawal, it is sufficient for the Consumer to send the notice before the deadline expires.
  6. The declaration may be sent by post, fax or electronically by sending it to the Seller’s email address or by submitting it via the Seller’s website – the Seller’s contact details are set out in § 3. The declaration may also be submitted using the form, a template of which is set out in Appendix 1 to these Terms and Conditions and in the appendix to the Act of 30 May 2014 on consumer rights; however, this is not mandatory.
  7. If the Consumer submits the notice electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the notice of withdrawal from the Contract to the email address provided by the Consumer.
  8. Consequences of withdrawing from the Agreement:

a) In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.

b) In the event of withdrawal from the Contract, the Seller shall refund to the Consumer, without undue delay and no later than 14 days from the date of receipt of the Consumer’s notice of withdrawal from the Contract, all payments made by the Consumer, including delivery costs, with the exception of any additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest standard delivery method offered by the Seller.

c) The Seller shall refund the payment using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to an alternative arrangement that does not entail any costs for them.

d) The seller may withhold the refund until the Product has been returned or until proof of its return has been provided, whichever occurs first.

e) The Consumer should return the Product to the Seller’s address specified in these Terms and Conditions without delay, and no later than 14 days from the date on which they notified the Seller of their withdrawal from the Contract. The deadline will be met if the Consumer returns the Product before the 14-day period expires.

f) The consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, it could not be returned by post in the normal way.

g) The consumer is liable only for any reduction in the value of the Product resulting from its use in a manner other than that necessary to ascertain the nature, characteristics and functioning of the Product.

  1. If, due to the nature of the Product, it cannot be returned by standard post, this information, along with details of the return costs, will be included in the Product description on the Shop.
  2. The Consumer does not have the right to withdraw from a distance contract in respect of the following contracts:

a) where the subject of the supply is a non-prefabricated item, manufactured to the Consumer’s specifications or designed to meet their individual needs,

b) where the subject of the supply is an item delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery,

c) where the subject of the supply is an item liable to deteriorate rapidly or having a short shelf life,

d) for the provision of services, if the Seller has fully performed the service with the Consumer’s express consent, and the Consumer was informed prior to the commencement of the service that they would lose the right to withdraw from the Contract once the Seller had fulfilled the service,

e) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the withdrawal period,

f) where the subject matter of the contract consists of goods which, once delivered, are, by their nature, inseparably combined with other goods,

g) where the subject of the supply is alcoholic beverages, the price of which was agreed upon at the time of conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,

h) where the subject of the supply consists of audio or video recordings or computer software supplied in sealed packaging, if the packaging has been opened after delivery,

(i) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts,

j) for the supply of digital content not recorded on a tangible medium, where the performance of the service commenced with the Consumer’s express consent before the expiry of the withdrawal period and after the Seller had informed the Consumer of the loss of the right to withdraw from the contract,

§ 11

Complaints and warranty

  1. The Sales Agreement covers new Products.
  2. The seller is obliged to supply the customer with goods free from defects.
  3. If goods purchased from the Seller prove to be faulty, the Customer is entitled to make a complaint in accordance with the provisions on the seller’s warranty in the Civil Code.
  4. Complaints must be submitted in writing or by email to the Seller’s addresses specified in these Terms and Conditions.
  5. It is recommended that the complaint include, amongst other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer making the complaint, and the Customer’s request regarding the defect in the goods.
  6. The Seller shall respond to the complaint within 14 days; if the Seller fails to do so within this period, the Customer’s complaint shall be deemed to have been accepted as valid.
  7. Goods returned under the complaints procedure should be sent to the address specified in § 3 of these Terms and Conditions.

§ 12

Out-of-court means of handling complaints and pursuing claims

  1. Detailed information on the Consumer’s ability to use out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, is available at the offices and websites of county (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
  2. Consumer has the following examples of out-of-court ways of handling complaints and claims:

a) The Consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.

b) The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.

c) The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).

§ 13

Personal data in the Online Store

  1. The Seller is the data controller for customers’ personal data collected via the Online Shop.
  2. The personal data of Customers collected by the data controller via the Online Shop is collected for the purpose of fulfilling the Sales Agreement and, if the Customer consents, also for marketing purposes.
  3. The recipients of the personal data of the Online Shop’s customers may include:

a) In the case of a Customer who uses the method of delivery by mail or courier service in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator

b) In case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make available the collected personal data of the Customer to a selected entity handling the above payments in the Online Store.

    1. The Customer has the right to access the content of his/her data and correct it.
    2. Providing personal data is voluntary, although failure to provide the personal data indicated in the Terms and Conditions necessary for the conclusion of the Sales Agreement results in the inability to conclude the agreement.

§ 14

Final provisions

  1. Agreements concluded through the Online Store shall be concluded in the Polish language.
  2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in laws, changes in methods of payment and delivery – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of each change at least 7 days in advance.
  3. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services; the Act on Consumer Rights, the Act on Personal Data Protection.
  4. Customer has the right to use out-of-court ways of handling complaints and claims. For this purpose, he/she may file a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.