The online store available at https://www.jaroszpol.com is run by Krystian Jarosz, running a business under the name Firma Usługowo-Handlowa JAROSZPOL Jarosz Krystian at Łętowe 265, 34-733 Mszana Górna, NIP: 7371982780, REGON: 122396650, entered into the register of entrepreneurs of the Central Registration and Information on Economic Activity kept by the minister responsible for economy.
Seller’s contact details:
– telephone: +48 880 207 047, +48 886 650 599 or +48 18 47 24 900,
– e-mail address: biuro@jaroszpol.com
This document (which is also the regulations under the Act of July 18, 2002 on the provision of services by electronic means), hereinafter referred to as the “Regulations”, defines the types and scope of the provision of services electronically via the Online Store, the rules for concluding sales contracts via the Online Store, rules for the execution of these contracts, rights and obligations of the Customer and the Seller, as well as the procedure for withdrawal from the contract and complaint procedure.
§1. Definitions
1. Online store – online store available at https://www.jaroszpol.com
2. Seller – Krystian Jarosz running a business under the name Firma Usługowo-Handlowa JAROSZPOL Jarosz Krystian at Łętowe 265, 34-733 Mszana Górna, NIP: 7371982780, REGON: 122396650.
3. Customer – a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, concluding an agreement with the Seller.
4. Consumer – a natural person concluding a legal transaction with the Seller that is not directly related to his or her business or professional activity.
5. Service – electronic services provided by the Seller via the Online Store.
6. Sales contract – a distance contract concluded between the Customer and the Seller via the Online Store, the subject of which is the purchase of the Product.
7. Product – a product that the Customer purchases via the Online Store.
8. Order form – a form available in the Online Store enabling you to place an order to purchase the Product.
9. Working day – one day from Monday to Friday, excluding public holidays.
§2. General provisions
1. The Seller undertakes to provide services to the Customer within the scope and under the conditions specified in the Regulations.
2. The Customer undertakes to use the Online Store in accordance with applicable law and principles of social coexistence.
3. The Customer using the Seller’s Services is obliged to comply with these Regulations.
4. The Seller complies with the principles of protection of Customers’ personal data provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
5. The Customer consents to the Seller collecting, storing and processing personal data in order to perform the contract. Detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the “Privacy Policy” of the Online Store.
6. Information regarding the Product available on the Online Store website constitutes an invitation to conclude a contract within the meaning of Art. 71 of the Act of 23 April 1964, Civil Code.
7. All prices given on the Online Store website are gross prices.
8. The Seller reserves the right to change the prices of Products available in the Online Store, introduce new Products as well as conduct and cancel promotional campaigns or make changes to ongoing promotions.
9. The Customer is prohibited from providing illegal or offensive content. The Customer is obliged to use the Seller’s websites in a way that does not interfere with their functioning, in particular by not using specific software (including malware) or devices.
10. Particular risks related to the use of electronic services include the possibility of unauthorized persons gaining access to data transmitted over the network or stored on computers connected to the network and interfering with this data, which may result in, in particular, their loss, unauthorized change or disabling. using the services offered via the Online Store.
§3. Services and general terms of service
1. The Seller uses the Online Store to provide services electronically by:
a) providing content about the offer and Products on the Online Store website,
b) enabling completion of the order form in order to conclude a sales contract.
2. The services specified in point 1 are provided free of charge.
3. The contract for the provision of electronic services in the form of enabling the completion of the order form is concluded with the Customer for a specified period of time when he begins to fill out the form and is terminated when he withdraws from completing the form or when he sends the completed form to the Seller.
4. Technical requirements necessary to use the services provided by the Seller:
a) device with access to the Internet,
b) web browser that supports cookies,
c) access to e-mail.
5. The Customer pays fees related to access to the Internet and data transmission in accordance with the tariff of his Internet service provider.
§4. Sales agreement
1. The Seller allows you to place orders for Products available in the Online Store:
a) using the Order Form available in the Online Store 24 hours a day, 7 days a week,
b) by phone at +48 880 207 047, +48 886 650 599 or +48 18 47 24 900,
c) electronically to biuro@jaroszpol.com
2. In order to place an order using the Order Form, the Customer selects the Product available in the Online Store, specifying the quantity he intends to purchase and indicating the features of the ordered Product. After selecting the Product (adding the Product to the “basket” via the functionality available in the Online Store), the Customer completes the Order Form, specifying the data necessary for the Seller to complete the order, and then confirms placing the order using the “Order and pay” button.
3. In order to place an order by phone or e-mail, the Customer provides the Seller with information about the ordered Product and data necessary to complete the order, in particular identification data, address data and data enabling contact regarding the order (telephone number, e-mail address).
4. After receiving the order, the Seller sends the Customer a declaration of acceptance of the order electronically to the e-mail address provided when placing the order. Then, after verifying the possibility of fulfilling the order, the Seller sends the Customer a message confirming the order. When the Customer receives a message confirming the order, a sales contract is concluded.
5. The message confirming the order contains the agreed terms of the sales contract, in particular the quantity and type of the Product ordered, the total price to be paid along with delivery costs and the amount of discounts granted (if applicable).
§5. Order processing time and delivery
1. The Seller processes orders in the order in which they are received (taking into account §6 point 4 of these Regulations).
2. The order processing time includes preparation, completion, packing and delivery of the Product by the Seller. The average order processing time is from 2 to 5 business days.
3. Orders placed on a business day after 2 p.m. and on non-working days are treated as placed on the next business day.
4. In the case of orders consisting of several Products with different availability and to be delivered in one shipment, the order completion date will depend on the date of completion of the last Product included in the order by the Seller, unless otherwise agreed with the Customer.
5. The order processing time should include the delivery time of the Product to the Customer by the carrier in accordance with the delivery method chosen by the Customer. Information about delivery methods and costs is available on the Online Store website and is indicated to the Customer when placing the order.
6. Orders are released for delivery to the carrier only on business days.
7. After receiving the shipment, the Customer should carefully check the condition of the packaging and its contents. If any damage or other irregularities are found, the courier should prepare a damage report in the presence of the courier and notify the Seller.
8. If the shipment is refused or cannot be delivered for reasons attributable to the Customer, the Seller has the right to charge the Customer with the costs incurred in connection with such a situation (e.g. costs of returning the shipment to the Seller or re-shipping it to the Customer).
9. If the Seller covers the Customer for damage caused during the transport of the Product, the Customer’s claims against the carrier, to the extent to which they were covered by the Seller, are transferred to the Seller. The transfer of claims to the Seller does not require the conclusion of a separate assignment agreement.
10. The Seller allows you to collect the order at his stationary point at JAROSZPOL, Łętowe 265, 34-733 Mszana Górna. Collecting the order is possible only after the Seller confirms that the Products are ready for delivery and sets a pickup date.
§6. Payment methods
1. The Seller allows you to make payments for the ordered Products:
a) in the form of prepayment by electronic transfer and via BLIK via the online payment system;
b) in the form of prepayment by credit card via the online payment system. List of supported cards:
– Visa,
– Visa Electron,
– MasterCard,
– MasterCard Electronic,
– Maestro;
c) in the form of prepayment by ordinary transfer to the Seller’s bank account,
d) cash on delivery,
e) cash on delivery at a stationary point.
2. The operator of the online payment system is Blue Media S.A. and Autopay S.A. based in Sopot at ul. Powstańców Warszawy 6. Electronic payments are made by the Customer on the terms specified in the regulations of the system operator
3. When choosing prepayment, the customer is obliged to make the payment within five days from the conclusion of the contract. If payment is not made within the specified period, the order may be canceled.
4. The Seller begins to process the order when it receives information about positive authorization of the transaction from the operator of the electronic payment system or when the funds are credited to the bank account when paying by ordinary transfer. In the case of payment on delivery or cash on delivery at a stationary point, the Seller will process the order after its confirmation.
5. Proof of purchase is delivered to the Customer along with the Product or electronically to the e-mail address provided by the Customer when placing the order.
6. If there is a need to refund funds for a transaction made by the Customer with a payment card, the Seller will make the refund to the bank account assigned to the Customer’s payment card.
§7. Warranty for Product defects
1. Pursuant to Art. 556 of the Act of April 23, 1964, Civil Code, the Seller is liable to the Customer if the Product sold has a physical or legal defect. The Seller is released from liability under the warranty if the Customer knew about the defect at the time of concluding the contract.
2. Delivery of the Product as part of the exercise of rights arising from the warranty for defects takes place at the Seller’s expense.
3. The Seller is liable under the warranty if the defect is discovered within two years from the date of delivery of the Product to the Customer.
4. Reports of Product defects should be sent electronically to biuro@jaroszpol.pl or in writing to the Seller’s address. The application can be sent on the form attached as Annex 2 to the Regulations.
5. If the sold item has a defect, the Customer may submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free one or remove the defect.
6. Instead of removing the defect proposed by the Seller, the Customer may demand that the item be replaced with a defect-free one, or instead of replacing the item, demand that the defect be removed, unless bringing the item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. Seller.
7. The customer cannot withdraw from the contract if the defect is insignificant
8. If it is necessary to assess physical defects, the Product should be delivered to the following address: F.U.H. JAROSZPOL, Łętowe 265, 34-733 Mszana Górna.
9. The Seller responds to the Customer’s notification within 14 calendar days from the date of its receipt. Failure to consider the application within the specified deadline is tantamount to its acceptance.
§8. Withdrawal from the sales contract
1. A customer who is a consumer in connection with Art. 27 of the Act of 30 May 2014 on consumer rights, you have the right to withdraw from a distance contract without giving a reason.
2. The provisions relating to the consumer contained in this Chapter shall apply to a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity. , made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
3. The right to withdraw from the contract is available within 14 calendar days from the moment the Customer or a third party indicated by the Customer, other than the carrier, takes possession of the Product. If the contract covers many items that are delivered separately, in batches or in parts, the deadline runs from the moment the last item, batch or part is taken into possession.
4. The Customer may withdraw from the contract by submitting a declaration on the form constituting Annex No. 1 to these Regulations, sending it to the Seller’s address or electronically to biuro@jaroszpol.com.
5. To meet the deadline specified in point 3, it is sufficient to send a declaration of withdrawal from the contract before its expiry.
6. The Seller will immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract.
7. The Seller will immediately, no later than 14 calendar days from the date of receipt of the declaration of withdrawal from the contract, refund all payments received from the Customer, including the costs of delivering the goods. The Seller refunds the payment using the same payment method used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs for him.
8. If the Seller has not offered to collect the Product from the Customer himself, he may withhold the refund of received payments until he receives the Product back or until the Customer provides proof of sending it back, depending on which event occurs first.
9. If the Customer has chosen a method of delivery other than the cheapest standard method offered by the Seller, the Seller is not obliged to reimburse the Buyer for any additional costs incurred.
10. The Customer is obliged to return the item to the Seller or hand it over to a person authorized by the Seller immediately, but no later than within 14 calendar days from the date on which he withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry.
11. The Customer bears only the direct costs of returning the Product.
12. The product should be delivered to the Seller at the following address: F.U.H. JAROSZPOL, Łętowe 265, 34-733 Mszana Górna.
13. The Customer is obliged to properly secure the Product during transport. The seller does not accept shipments sent cash on delivery.
14. In the event of withdrawal from the contract, the consumer is liable for the reduction in the value of the item resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
15. The Customer is not entitled to withdraw from the contract in relation to contracts specified in Art. 38 of the Act of 30 May 2014 on consumer rights, among others. in relation to the contract:
a) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to meet his individual needs;
b) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
c) in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items.
§9. Withdrawal from the contract for the provision of electronic services and complaint proceedings
1. The provisions of this paragraph apply only to Customers who are not consumers under Art. 221 of the Civil Code.
2. The provisions of this paragraph do not apply to sales contracts if the buyer is a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of the activity performed by the person. business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
3. The Seller reserves the right to withdraw from the sales contract at any time unless the Product has been delivered to the Customer, a third party acting on behalf of the Customer or the carrier carrying out the delivery to the Customer. Withdrawal from the contract by the Seller does not give rise to claims on the part of the Customer against the Seller.
4. The Seller reserves the right to limit the payment methods available in the Online Store. The Seller reserves the right to require prepayment of all or part of the order value, regardless of the payment method chosen by the Customer.
5. Pursuant to Art. 558 of the Civil Code, in the event of selling the Product to a Customer who is not a consumer, the Seller’s liability under the warranty is excluded.
6. Pursuant to Art. 548 §1 of the Civil Code, upon delivery of the Product by the Seller to the Customer, a third party indicated by the Customer or the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer.
7. The Seller’s liability towards the Customer is limited solely to actual damages incurred by the Customer in connection with improper performance of the contract by the Seller, and the Seller is liable in an amount not exceeding the value of the order placed by the Customer.
§11. Seller’s liability
1. The Seller is not responsible for entering incorrect data by the Customer (in particular by providing incorrect data in the forms available on the website) or for the Customer’s actions in a way that hinders or prevents the provision and implementation of services by the Seller.
2. The Seller is not responsible for the consequences of using the Online Store by the Customer in a manner inconsistent with the provisions of the Regulations, applicable legal provisions and applicable principles of social coexistence or customs.
3. The Seller reserves the right to suspend or terminate the provision of individual functionalities of the Online Store due to the need for maintenance, review or expansion of the technical database or software. Suspension or termination of individual functionalities of the Online Store may not violate the Customer’s rights.
§12. Intellectual property
1. All content posted in the Online Store (including graphics, texts, page layout and logos) and not originating from the Customer or other suppliers is protected by copyright and is the exclusive property of the Seller. Using this content without the written consent of the Seller results in civil and criminal liability.
2. The Customer is obliged to use all content posted in the Online Store only for his or her own personal use. The use of the content in any other scope is permitted only if expressly indicated by the Seller.
3. The use of the Online Store, including the use of text, graphic materials, photos, applications, databases or other content, does not mean that the Customer has acquired any rights in relation to the indicated content, and in particular does not mean acquiring economic copyrights or related rights. or license.
4. It is prohibited to undertake the following activities without the express consent of the Seller:
a) copying, modifying and transmitting electronically or otherwise the Online Store or its parts, as well as individual content made available via it,
b) disseminating the content published in the Online Store in any way,
c) downloading the content of databases and reusing it in whole or in part.
§13. Final Provisions
1. The Seller reserves the right to change these Regulations. The Seller will notify about changes to the Regulations on the Online Store website at least 14 calendar days before the changes to the Regulations enter into force. The change in the provisions of the Regulations does not apply to Customers who placed an order during the validity period of the previous version of the Regulations. Amendments to the Regulations during the duration of a continuous contractual relationship are binding on the other party if the requirements specified in Art. 384 of the Civil Code, and the party did not terminate the contract within the notice period of 14 calendar days.
2. In other matters not regulated by the provisions of these Regulations, the relevant provisions of Polish law shall apply. If the provisions in force in the consumer’s country are more favorable to him and these provisions cannot be excluded by contract, they will apply in the contract concluded via the online store.
3. The customer has the opportunity to use extrajudicial methods of dealing with complaints and pursuing claims arising from orders placed in the Store. These include: in the event of a dispute over property rights arising from sales and service contracts, submitting a request for the case to be examined by the Permanent Consumer Arbitration Court operating at the relevant Provincial Inspectorate of the Trade Inspection; submitting an application to the Provincial Inspector of Trade Inspection in Krakow (http://www.krakow.wiih.gov.pl) to take actions aimed at out-of-court resolution of the dispute under the Act of September 23, 2016 on out-of-court resolution of consumer disputes ( Journal of Laws of 2016, item 1823).
4. Regardless of point 3, the Customer may seek help from the municipal (district) consumer ombudsman. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl.
5. The Customer who is a consumer may also use the electronic method of resolving disputes with the Seller via the ODR platform available at http://ec.europa.eu/consumers/odr/.
6. Disputes arising as a result of the provision of services under these Regulations will be resolved:
a) to a common court at the Customer’s discretion in accordance with the applicable provisions of Polish law, if the Customer is a consumer or entrepreneur referred to in §8 point 2 of the Regulations,
b) a common court having jurisdiction over the Seller’s registered office, if the Customer is not a consumer.
7. Annexes to the Regulations constitute their integral part.
8. The Regulations enter into force on February 8, 2022.