These regulations (hereinafter referred to as the "Regulations") define the terms and conditions of use of the Jakubiszyn Pickups online store, operating at www https://jakubiszynpickups.com.
The owner of the Store is Jakubiszyn Pickups sp.j. with its registered office at Jedności Narodowej 111/2, 50-301 Wrocław, entered into the register of entrepreneurs of the National Court Register under the KRS number: 0000987621, NIP: 8982281624 (hereinafter "Seller").
The Seller's contact details are as follows:
Contact address: jakubiszyn@jakubiszynpickups.com
E-mail address: jakubiszyn@jakubiszynpickups.com
Telephone number: +48 537645204 (telephone customer service hours - in the Contact tab).
Contact point for communication with EU Member State authorities, the European Commission, the Digital Services Council: jakubiszyn@jakubiszynpickups.com. Communication can be conducted in Polish or English.
Technical requirements
In order to use the Store, you must have:
a computer or other device with an internet browser;
access to the Internet;
active e-mail address.
Personal data
The administrator of the personal data of the Store’s customers is the Seller.
All information about the processing of personal data of customers and other persons using the Store's website can be read in the Privacy Policy.
Conclusion of sales contract, customer account
The Store enables the purchase of goods (hereinafter referred to as "Goods") displayed on the Store's website in two modes:
without registration;
with creating an account in the Store.
In both cases, in order to place an order, you must select the Goods in the Store, add them to the "Basket" using the appropriate button and continue the ordering procedure by selecting the appropriate options (delivery and payment method).
Information about products in the Store, i.e. descriptions and prices, constitute an invitation to conclude a sales contract within the meaning of Art. 71 of the Civil Code, in accordance with the terms of the Regulations.
The condition for placing an order is to complete all required data necessary for the execution of the contract in the order form and possibly (at the customer's request) also data for generating a VAT invoice.
JIf the customer decides to set up an account in the Store (hereinafter "Account"), registration is one-time, and the e-mail address and password chosen by the customer are the basis for subsequent logging in. Details of the Seller's provision of the digital Account management service are available below in the Account Regulations. After logging in to the Account, the customer has access to the history of their orders, and for subsequent orders they do not have to fill out the order form with their personal data again.
The customer may cancel their account at any time without incurring any costs. To do this, send your cancellation to the following e-mail address: jakubiszyn@jakubiszynpickups.com.
The customer's approval of the order by clicking the "Buy and pay" button (or another button with the same wording) means:
submitting to the Seller an offer to purchase the Goods in accordance with the options selected in the order and in accordance with these Regulations,
acceptance of the obligation to pay the price of the Goods and the costs of their delivery.
The sales agreement (hereinafter "Agreement") is concluded at the time of acceptance of the order by the Seller for execution (acceptance of the customer's offer), about which the Seller informs by e-mail confirming acceptance of the order for execution.
If it is not possible to fulfill the order for the Goods (in whole or in part), the Seller will inform the customer about this - then the Agreement is not concluded. The Seller will also inform the customer about the existing possibilities of another method of fulfilling the order, e.g. partial fulfillment of the order or waiting for the Seller to replenish the stock. If the order has been previously paid for by the customer and it is not possible to fulfill, the Seller will immediately return the payments made to the customer (according to the scope of the order cancellation). ;
The Seller shall provide the Customer with confirmation of the conclusion of the Agreement on a durable medium at the latest upon delivery of the Goods.
The store is not responsible for non-delivery of the order or delay in its delivery resulting from the customer providing an incomplete/incorrect delivery address or failure to provide other data necessary to complete the order.
The Seller reserves the right to suspend the order in a situation where the customer has provided false data or when such data raises reasonable doubts as to its correctness. In such a case, the Seller (if possible) will attempt to contact the customer to verify the truthfulness of the data provided.
Prices and payment methods
The prices of the Goods are given in Polish zloty (PLN) and euro (€) in gross amounts, i.e. including.
The cost of delivery of Goods is given separately in the Store's shopping cart, depending on the delivery method chosen by the customer.
The available payment methods are described on the Store website in the "Payment methods" tab and are presented to the customer at the ordering stage (in the shopping cart).
The store offers the following payment methods:
traditional bank transfer to the Seller's account
fast electronic transfer / BLIK / payment with a so-called virtual wallet - via the payment platform:
PayPal
Przelewy24
Płatność Google Pay
mBank mRaty
card payment: Visa, Visa Electron, MasterCard, MasterCard Electronic
If the customer has chosen payment by regular bank transfer, payment for the order should be made within 2 days of its placement. In the absence of payment within the aforementioned period, the Agreement is considered not to have been concluded. The previous sentence does not apply to situations where the Seller offers customers deferred payment/payment in installments through an external partner.
Delivery of goods
Delivery of Goods takes place according to the customer's choice: via a courier company to InPost parcel lockers
With the exception of Goods collected by the customer in person, the order is considered fulfilled at the moment of sending the shipment to the customer (entrusting the shipment to a carrier engaged in transport). The exact actual delivery date of the shipment is specified by the carrier.
Goods are shipped by the Seller within 3 business days, unless a different time is clearly specified in the product description when the customer places the order. Detailed delivery times are provided on the Store's website in the "Order delivery time" tab.
The Seller normally handles orders in the Republic of Poland and in the European Union for the costs indicated on the Store's website in the "Delivery time and costs" tab. Shipment abroad is possible for the costs indicated on the Store's website or costs individually agreed with the customer.
Withdrawal from the contract
A customer who is a consumer or an entrepreneur referred to in art. 7aa of the Consumer Rights Act (hereinafter referred to as the "Privileged Entrepreneur") has the statutory right to withdraw from the contract of sale of the Goods within 14 days of its receipt, without giving any reason, subject to the exceptions referred to below.
To meet the deadline for withdrawal from the contract, it is sufficient for the customer to send a statement within the above deadline:
in electronic form to the following address: jakubiszyn@jakubiszynpickups.com or
n writing to the following address: jakubiszyn@jakubiszynpickups.com.
The declaration of withdrawal from the contract is not obligatory. The seller will immediately send the customer an e-mail confirming receipt of the declaration of withdrawal from the contract.
Then, within the next 14 days, the customer should send the returned Goods at their own expense to the postal address ul. Jedności Narodowej 111 / 2 50-301 Wrocław. Poland
The Seller shall immediately, no later than within 14 days of receiving the declaration of withdrawal from the contract, refund to the Customer:
prices of the Goods;
the costs of the original shipment of the Goods to the customer according to the cheapest standard method of delivery offered by the Store.
The Seller may withhold the refund until it receives the Goods back, or until the Customer provides the Seller with proof of sending back the Goods.
Refunds will be made using the same payment method that was used by the customer in the initial transaction, unless the customer expressly agrees to another solution.
The Customer shall be liable for reducing the value of the returned Goods if, before submitting a declaration of withdrawal from the contract, the Customer used the Goods in a way other than necessary to establish the nature, characteristics and functioning of the item.
Exceptions to the right to withdraw from the contract for the sale of Goods
The right to withdraw from the contract does not apply in the case of Contracts for the delivery of Goods:
non-prefabricated, manufactured according to the specifications of the consumer/Privileged Entrepreneur or intended to meet his/her individual needs (personalised goods);
that spoil quickly or have a short shelf life (perishable goods);
delivered in a sealed package, if the package has been opened by the customer and the goods cannot be returned after opening the package due to health protection or hygiene reasons (goods packed for hygiene reasons);
audio or video recordings or computer programs supplied on a tangible medium (e.g. CD) in a sealed package, if the package has been opened after delivery;
which after delivery, due to their nature, are inseparably combined with other goods (e.g. construction materials, if used);
newspapers, periodicals or magazines, with the exception of a subscription contract (printed press);
the price of which depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract expires;
alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control.
Complaints
The Seller is obligated to deliver to the customer the Goods in accordance with the Agreement.
Towards consumers and Privileged Entrepreneurs, the Seller is liable for the conformity of the Goods in accordance with the provisions of the Consumer Rights Act. Towards other customers, the Seller is liable under the principles arising from the Civil Code.
Complaints can be submitted:
in electronic form to the following address: jakubiszyn@jakubiszynpickups.com
or in writing to the following address: ul. Jedności Narodowej 111 / 2 50-301 Wrocław, Poland
The Seller will consider the complaint in the form in which it was submitted (in writing or via e-mail) within 14 days of receiving the complaint.
In the event of dissatisfaction with the manner in which a complaint is handled by the Seller, the consumer and the Privileged Entrepreneur may (regardless of the ordinary proceedings before a common court) also use out-of-court methods of handling complaints and pursuing claims.
For the above purpose, you can:
apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings to amicably resolve the dispute,
use the assistance of the district (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection,
use the ODR (Online Dispute Resolution) platform, which is used for online resolution of disputes between consumers and traders, if the dispute concerns obligations arising from a contract concluded online.
apply to a permanent consumer arbitration court with a request to resolve the dispute arising from the concluded contract.
Additional information on out-of-court complaint and claim settlement procedures is also available on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/.
Product Reviews
In the Store it is possible for the customer to add an opinion about a product (hereinafter "Opinions").
Reviews added by the customer must be legal under the Digital Services Act (DSA) and in line with good practice, which means that you cannot post a Review:
of an unlawful nature;
contrary to good customs, in particular: containing offensive or pornographic content, offending religious feelings, inciting racial, ethnic or religious hatred;
violating the rights of other people, including in particular property and personal copyrights and privacy rights;
zcontaining content or graphic elements of a commercial or advertising nature, relating to products other than those offered in the Store.
The Seller and/or the provider of the external customer satisfaction/review program may moderate Reviews, which means that Reviews that do not comply with the Terms will not be published or may be deleted.
In the event of blocking or deleting an Opinion, the Seller will inform the customer about this, providing a justification. In such a case, the customer may file an appeal under the terms described in point X. 5 of the Regulations.
Appeals against decisions concerning Opinions (hereinafter “Appeal”) may be filed:
in electronic form to the following address: jakubiszyn@jakubiszynpickups.com
or in writing to the following address: ul. Jedności Narodowej 111 / 2 50-301 Wrocław. Poland
The Seller will immediately confirm receipt of the Appeal in electronic form (if the person filing the Appeal has provided the Seller with an e-mail address). The Seller will consider the Appeal in the form in which it was filed (in writing or by e-mail) within 14 days of receiving the Appeal.
Each person visiting the Store has the opportunity to submit a notification to the Seller (hereinafter referred to as the “Notice”) if they believe that the Store contains illegal content within the Opinion, illegal content within the meaning of the Digital Services Act (DSA) or content that is contrary to the Regulations. Notifications should be submitted in electronic form to the following address: jakubiszyn@jakubiszynpickups.com.
The Seller will immediately confirm receipt of the Notification in electronic form. The Seller will consider the Notification within 14 days of its receipt, providing justification. The person who submitted the Notification may appeal against the decision of the Seller considering the Notification under the terms described in point X. 5 of the Regulations.
In the event of dissatisfaction with the manner in which the Seller resolves the Appeal, the person filing the Appeal may use the out-of-court dispute resolution methods referred to in the Digital Services Act (DSA).
The Seller is not responsible for Opinions posted in the Store by customers, provided that:
has no knowledge that the Opinion is illegal content;
immediately takes appropriate action to remove or prevent access to illegal content upon receiving such knowledge or information, in particular the Seller shall immediately consider Notifications.
Final provisions
Polish law shall apply to Agreements concluded in the Store. The Agreement is concluded in Polish.
None of the provisions of the Regulations exclude or in any way limit the rights of the consumer (and the Privileged Entrepreneur) arising from the provisions of law.
The Seller may make changes to the Regulations at any time, with such changes applying to orders placed after the publication of a new version of the Regulations, and in the case of (i) previously concluded Agreements for the provision of a digital service or an electronic service, as well as in the case of (ii) customers who have an Account in the store - the customer will be notified of the change to the Regulations and the possibility of not accepting the new content.
The regulations are effective from 18/08/2024.
Account Regulations in the Jakubiszyn Pickups store
General provisions, contact with the Seller
These account terms and conditions (“Account Terms”) define the terms and conditions of using the customer account (“Account”) in the Jakubiszyn Pickups online store (“Store”).
These Account Regulations constitute the regulations of the electronic service within the meaning of the Act on the provision of services by electronic means. The Account service is an additional and secondary service in relation to the main activity of the Seller, i.e. offering customers the purchase of Goods. The Account management service is free of charge.
The Account Regulations are a supplement to the Store Regulations. To the extent not regulated in the Account Regulations, the provisions of the Store Regulations shall apply to this service.
The Seller's contact details in matters concerning the Account service are the same as for the Store: jakubiszyn@jakubiszynpickups.com e-mail: jakubiszyn@jakubiszynpickups.com tel.: 537645204
Technical requirements and functionalities of the Account service
The technical requirements for using the Account service are the same as for using the Store and are indicated in point II.1. of the Store Regulations.
By using the Account, the Store customer has the option to:
save and store your personal data (including the delivery address) in your Account, which allows you to make subsequent purchases in the Store without having to fill out the address form again,
insight into your order history,
insight into the status of your order.
Agreement for the provision of the Account service, withdrawal from the agreement, resignation from the Account
The creation of an Account by the customer is tantamount to the conclusion of an agreement for the provision of electronic services for an indefinite period. The customer may at any time resign from having an Account without giving a reason. To do this, contact the Seller electronically at jakubiszyn@jakubiszynpickups.com. The customer also has the statutory right to withdraw from the agreement for the provision of the Account management service within 14 days of its conclusion.
Complaints
Towards consumers and Privileged Entrepreneurs, the Seller is liable for the compliance of the Account service with the agreement in accordance with the provisions of the Consumer Rights Act. Towards other customers, the Seller is liable under the principles arising from the Civil Code.
Complaints regarding the Account service may be submitted to the Seller in accordance with the procedure set out in points IX. 3-5 of the Store Regulations.
In the event of dissatisfaction with the manner in which the complaint is handled by the Seller, it is also possible to use out-of-court methods of handling complaints and pursuing claims, in accordance with the procedure described in points IX. 6-7 of the Store Regulations.
Personal data
Full information on the processing of personal data of Store customers, including for the purposes of maintaining an Account, can be found in the Privacy Policy.
Changes to Account Terms and Conditions
The Seller may make changes to these Account Regulations on the principles specified in point XI. 3 of the Store Regulations. If the customer does not accept the new wording of the Account Regulations, they may terminate the agreement for the provision of the Account service (by contacting the Seller electronically for this purpose) with a notice period of 14 days.
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