Terms and conditions
1. GENERAL INFORMATION, DEFINITIONS
- Client – a natural person with full capability for legal actions, a legal person or an organizational unit without legal personality, placing Orders and purchasing Products on the Website;
- Product – physical (material) products, electronic products (digital content) available in the Shop;
- Website – the website available at www.jaksiedogadac.pl through which the Client places Orders to purchase Products and through which they gain access to the Products;
- Contract – a contract for the sale of Products concluded between the Owner and the Client though the Website;
- Owner – Elżbieta Cwynar-Budzińska, NIP (Tax Identyfication Number): 684-233-44-08, who conducts sales through the Website;
- Order – the Client’s declaration of will to conclude the Contract, constituting an offer to conclude the Contract, particularly specifying the type and quantity of the Product.
- The materials used to present products, i.e.: photographs, descriptions and others are part of the Website, are the property of its Owner and are protected by copyright. It is forbidden to use them for commercial purposes or to present them in any media without the Owner’s consent.
- The prices of the Products are expressed in Polish zloty, they are given in gross values and include VAT.
2. USING THE WEBSITE
- In order to place an Order on the Website, it is necessary to select Products, taking the following technical actions on the basis of messages displayed to the Client and information contained on the Website.
- In order to purchase the Products, the Client collects them into a shopping cart. The shopping cart is an element of the Service in which the Customer transfers the Products intended to be purchased. The Client can view the contents of the shopping cart at any time, add or remove Products, as well as go straight to the process of placing an Order.
- In the course of placing the Order the Client specifies the details of the Order, such as: billing information, e-mail address for shipping the Product, method of payment and others.
- The Client may register during the process of the Order. Registration may be necessary for further use of the Products available directly on the Website.
- The Client’s registration on the Website enables the Client’s personal data and the history of their Orders to be stored in the Website database, and also enables access to electronic Products.
- During the registration, the Client is obliged to provide a unique password known only to this user. The process of registration and placing Orders is encoded with an appropriate protocol.
- The Client is responsible for not sharing their password with third parties and bears all possible financial and legal consequences of such sharing.
3. PLACING AN ORDER
- Orders for Products are accepted only electronically by placing an Order using the Website or through an e-mail.
- The condition necessary to place an Order is to fill in the Order form correctly. An Order with an incorrectly filled in form may not be fulfilled.
- When filling in the form, the Client is obliged to provide correct personal data, e-mail address, contact telephone number, details required for the VAT invoice, address of residence and e-mail address for shipping the Product.
- The provided e-mail address and contact telephone number may be used only for contact during the order fulfilling, unless the Client agrees for contact for other purposes (e.g. newsletter).
- Before accepting the Order, the buyer shall be informed about:
- main features of the Product,
- the total price or remuneration for the Product, including taxes, as well as about any charges for the Product delivery cost and other costs,
- the right of withdrawal from the contract.
- The Client declares the willingness to conclude the Contract by pressing the button “order with the payment obligation”, or equivalent.
- Placing an Order is not equivalent to the conclusion of the Contract, but it constitutes submitting an offer to conclude such contract.
- The Contract is concluded at the moment of acceptance of the Order for its completion by the Owner, of which the Client is informed by e-mail confirmation of the purchase.
- The execution of the Contract shall be initiated as soon as a payment is credited to the Owner’s bank account or by another payment operator.
- A limited number of Products may be available for special offers and sales. Orders are fulfilled in the order of receipt of confirmed orders for these Products.
4. PRICES, PAYMENTS AND SHIPPING
- All Product prices are given in Polish zloty and include VAT. The price given for each Product is binding from the moment of placing an Order by the Client. The Owner reserves the right to change the prices of the Products on the Website, introduce new Products to the Website, carry out and cancel special offers on the Website, use unique promotion codes available outside the Website. The above entitlement shall not affect the prices of the Products in orders placed before the effective date of the price change or the promotional campaigns. The price given for each Product is binding from the moment of placing an Order.
- A proof of purchase: a receipt or a VAT invoice sent electronically shall be attached to each purchase made by the Client. At the Client’s request, the proof of purchase shall be delivered in paper form.
- The Client may make payment for the purchased Products in the following manners:
- by a payment card or a bank transfer via electronic payment system,
- by a regular bank transfer on the basis of a VAT invoice with a payment period of 14 days in the case of orders placed via e-mail.
- Payments are operated by TPay company.
- Orders for electronic Products are processed upon receipt of payment by shipping the Product or instruction for using the Product in an e‑mail message. The Product shall be shipped immediately upon receipt of payment, within 24 hours after receipt of payment.
- The shipping of digital Products is free of charge.
- Physical Products are delivered in the manner chosen by the Client when placing an Order. The shipping cost is provided to the Client after selecting the Products and after choosing the payment method.
- Physical Products shall be shipped immediately after receipt of payment, no later than within 10 working days after receipt of payment. The time of delivery realization by the delivery service provider shall be added to the whole delivery time of the physical Products. The time of delivery, its cost and the delivery service provider shall be specified during the process of placing the Order.
- Delivery of physical products shall be made only on the territory of Poland.
5. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
- In the case of withdrawal from the distance Contract, the Contract shall be deemed not concluded.
- The Owner guarantees the reimbursement of the price and costs paid by the Client.
- The Client shall be liable for any decrease in the value of the item resulting from its use beyond what is necessary to establish the nature, characteristics and functioning of the item.
- All reimbursements shall be paid by the Owner no later than within 14 days of receipt of the declaration of withdrawal using the same method of payment as used by the Client, unless the Client has agreed to another method of reimbursement. No additional costs are involved in the reimbursement.
6. LIABILITY FOR DEFECTS
- The Owner is obliged to deliver the Product free from defects.
- If the received Product is defective in any way, the Client may use the warranty for defects against the Owner under the conditions specified in the Civil Code.
- In the event a product is found to be defective, the Client has the right to make a complaint. The entitlement is valid for two years from the date of the Product delivery.
- In order to use the warranty, a complaint specifying the nature of the defect and containing a specific request must be made.
- The Owner shall respond to the Client’s request immediately, no later than within 14 days, counting from the date of receiving the claimed product with the complaint letter.
- The Client will be informed about the result of the complaint in the same way as the complaint was sent.
- If a complaint is accepted, the Product defect will be removed or the Client will receive a new Product. If this is not possible (for example, due to the exhaustion of the limit of participants), the Website Owner will refund the equivalent of the Product price or reduce the price.
7. TECHNICAL REQUIREMENTS, FUNCTIONALITY AND INTEROPERABILITY OF DIGITAL CONTENT, PROVISION OF SERVICES BY ELECTRONIC MEANS
- The Owner shall provide the Client with an service by electronic means, consisting in enabling the conclusion of a contract for the delivery of electronic and physical Products and the use of certain electronic Products.
- Having an account on the Website is not necessary for conducting a Contract, however it may be necessary to use certain electronic Products.
- The provision of the service of access to the functionalities of the Website is free of charge. The purchase of the Products available on the Website is made for a payment.
- For placing an order and using the functionalities of the Website, as well as for using electronic Products, it is necessary to:
- have an active e-mail account (to make purchases on the Website),
- enable cookies in a browser,
- have access to the Internet,
- install an application enabling the reading of PDF files,
- enable displaying video content (for use with certain electronic Products).
- The Client has the right to make a complaint regarding the functioning of the Website by sending an e‑mail at email@example.com or by sending a letter at the Owner’s address.
- A response to the complaint shall be sent within 14 days from its receipt at the address indicated in the complaint.
8. PERSONAL DATA AND COOKIES
- The Owner declares that all Products available on the Website are protected by copyright.
- It is forbidden to copy the Products and store them in any other form, further distribute, and make the content from the Website available to the public, with the exception of making the above mentioned in the framework of the so-called right to quote allowed by law.
- Any further distribution of the Products’ content without the consent of their creator constitutes a violation of copyright and may result in civil and criminal liability.
- The Owner is not liable for the use of the acquired knowledge available in the Products and does not provide any guarantee in terms of the financial effect of the use of information obtained in the course of using them by the Client.
10. FINAL PROVISIONS
- For the avoidance of doubt, it is stated that none of the provisions of these regulations restricts the rights of the client, which arise from the provisions of the law in force on the territory of the Republic of Poland. If a provision of such nature is found to exist, the provisions of the law in force on the territory of the Republic of Poland shall apply, in particular the Civil Code and the Consumer Rights Act.
- Any disputes arising between the Owner and the Client, who is a consumer, shall be referred for determination to the competent court of law in accordance with the appropriate provisions of the Code of Civil Procedure, however, the Owner allows mediation proceedings. The customer is entitled to address the Permanent Consumer Arbitration Court (Stały Polubowny Sąd Konsumencki) operating at the Trade Inspection or Regional Inspector of Commercial Inspection (wojewódzki inspektor inspekcji handlowej) and may also obtain free assistance in resolving a dispute between a Client who is a consumer and the Owner, using the free assistance of the District (Municipal) Consumer Advocate (powiatowy (miejski) rzecznik konsumentów).
- The consumer can also use the Online Dispute Resolution (ODR) platform, which is available at http://ec.europa.eu/consumers/odr. The platform is intended to resolve disputes between consumers and professionals seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales or service contract.
- Any disputes arising between the Owner and the Client, who is not a consumer, shall be referred for determination to the competent court having territorial jurisdiction over the Website’s registered office.