Regulations

TERMS AND CONDITIONS OF JANBOR ONLINE STORE

§1 DEFINITIONS

The terms used in the Regulations shall mean:

Customer - a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a person with limited legal capacity, a legal person or an organizational unit without legal personality, to which legal capacity is granted by law; - who has concluded or intends to conclude a Sales Agreement with the Seller.
Consumer - according to Article²²¹ofthe Civil Code means a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
Civil Code - the law of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
Newsletter - a free electronically provided service, thanks to which the Customer may receive from the Store Owner electronically pre-ordered messages concerning the Store, including information about offers, promotions and other news concerning the operation of the Store.
Regulations - these rules of the Store setting out the general conditions of sale and the rules for the provision of electronic services.
Store - Internet service available at janbor.com , through which the Customer may, in particular, place Orders.
Seller - Owner of the store - PPHU JANBOR s.c Jacek Janicki, Izabela Kapuścińska, 3a Morgowa St., 91-223 Łódź, NIP: 727 245 65 68, REGON: 472275234
entered in the Central Business Register, email address: hello@janbor.com
Goods - Products - all products offered in the Store.
Sales contract - a contract of sale of Goods concluded between the Seller and the Customer.
Consumer Rights Act - the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
Law on Providing Services by Electronic Means - Law of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended).
Order - a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the number and type of Goods.
Physical defect - by physical defect is meant any non-conformity of the sold thing with the contract. In particular, a thing is not in conformity with the contract if:

does not have the characteristics that a thing of this kind should have in view of the purpose specified in the contract or resulting from the circumstances or purpose;
does not have the properties that the seller assured the buyer of, including by presenting a sample or model;
is not suitable for the purpose that the buyer informed the seller at the conclusion of the contract, and the seller did not object to such purpose;
was delivered to the buyer in an incomplete state.

Legal defect - alegal defect is understood as a situation in which the thing sold is the property of a third party or if it is encumbered with a right of a third party, and also if the restriction on the use or disposal of the thing results from a decision or ruling of a competent authority.

§2 GENERAL INFORMATION

The subject of these Regulations is the regulation of the conditions of sale and operation of the Store. The Regulations in question are part of the contract concluded with the Seller.
These rules and regulations are the rules and regulations referred to in Article 8 of the Law on Provision of Electronic Services (Journal of Laws of 2013, item 1422, as amended).
The online store operating under the address janbor.com, is run by PPHU JANBOR s.c Jacek Janicki, Izabela Kapuścińska.
The use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements: access to the Internet, web browser (e.g. Google Chrome, Mozilla Firefox, Opera, Apple Safari, Microsoft Edge), active e-mail account (e-mail), including in the web browser the ability to save cookies and Javascript support.
In order to use the online store, the customer should, on his own, obtain access to a computer workstation or a terminal device with Internet access.
The condition for placing an effective Order is reading and accepting these Regulations.
The Goods in the Store are marked in detail. The Customer has access to information on the characteristics of the Goods, their prices and the materials from which they are made.
All Goods offered in the Store are new. The colors of the products in the pictures may differ slightly from the real ones, which is due to individual settings of individual monitors and device displays.
Customers may access these Terms and Conditions at any time through the link provided on the janbor.com home page

§ 3 NEWSLETTER

The Seller provides, free of charge, electronically to the e-mail address provided by the User, the service of receiving information in the form of Newsletters or notifications of changes in the availability of Products (waitlist).
The newsletter contains information about the Seller's current offer, including new Products and current promotions or other news about the operation of the Store.
Notification of change in availability of Products (waitlist) contains information about the change in availability of the Store's assortment.
Newsletter service is provided for an indefinite period of time.
Each Newsletter addressed to Customers contains: information about the sender of the Newsletter, a completed "subject" field defining the content of the Newsletter, and information about the possibility and manner of cancelling the Newsletter service.
The Newsletter service may be used by any Customer who enters his/her e-mail address, using the registration form made available by the Seller on the Shop website. As soon as the Customer submits the completed registration form, a contract for electronic provision of the Newsletter service is concluded.
The Customer may unsubscribe from the Newsletter at any time by unsubscribing via the link provided in each email sent as part of the Newsletter service.
Provision of personal data by the Customer is voluntary. However, the Customer's failure to provide personal data may prevent the Seller from performing the service. The Seller shall not be liable for the provision of false personal data by the Customer.

§4 ONLINE STORE REGISTRATION

With the registration in the Janbor Store, a Customer account is created.
To register with the Store (create a customer account), select the "Registration" tab on the Store's website, then provide your name, e-mail, password and accept the Terms and Conditions and Privacy Policy.
By registering, the Customer enters into a contract with the Store Owner for the provision of electronic services having as its object the maintenance by Janbor of the Customer's account in the Store.
After registration, an e-mail message is sent to the e-mail address provided by the Customer with a link activating the Customer's account maintained in the Online Store.
After clicking on the activation link, the customer will be redirected to the Janbor website and automatically logged into the customer panel. The customer can complete additional information by entering his address and phone number.
Provision of personal data by the Customer is voluntary. However, the Customer's failure to provide personal data may prevent the Seller from performing the service. The Seller shall not be liable for the provision of false personal data by the Customer.
Registration in the Store and use of the Store's features is free of charge.
Creating a customer account is not equivalent to placing an order in the Online Store. The conditions for placing orders are contained in § 4 of the Terms and Conditions.
After registering with the Store, each login by the Customer is done using the e-mail address and password indicated in the registration form.
A customer who has registered an account can use all available functions of the Store, including placing orders for Products available in the Store's assortment, monitoring the status of their Orders, previewing their order history, changing their personal data, adding a product to the clipboard, changing their password and deleting their account.
Janbor may deprive the Customer of the right to use the Online Store, as well as may restrict its access to part or all of the Store's resources, with immediate effect, in case of violation of the Rules by the Customer, and in particular if the Customer:

provided data during registration in the Online Store that is untrue, inaccurate or outdated, misleading or violating the rights of third parties;

has committed, via the Online Store, a violation of the personal rights of third parties, in particular the personal rights of other customers of the Online Store;
commits any other behavior that will be considered by the Store as inconsistent with applicable laws or general rules of Internet use or detrimental to the good name of the Janbor brand.

Deprivation of the Customer's right to use the Online Store, involves the inability to re-register without the consent of the Seller.
In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of security threat to the services provided, in particular, measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.
The contract for the provision of services by electronic means referred to in § 3.5 may be terminated by the registered Customer, at any time, or by the Seller in the event of termination of the Seller's provision of services covered by the contract through an electronic message sent to the address indicated by the Customer during registration.

§ 5 CONCLUSION OF THE SALES CONTRACT

A customer can conclude a Sales Contract by placing an Order on the Store's website.
Orders can be placed 24 hours a day, on all days of the week. Orders placed on holidays will be processed on the first working day following the day on which the Order was placed.
As a condition for placing an Order, the Customer's data necessary for the delivery of the Goods and the generation of an invoice must be provided on the Store's website.
To place an Order, the Customer must visit the Store's website and select the available Goods in the Store by adding them to the "Cart" and then register in the Store or log in to the Customer's account. The Customer may also register or log in to the Store before adding the Goods to the "Cart".
When placing an Order, the Customer should select the quantity, color and size of the ordered Goods.
The information on the Store's website does not constitute an offer within the meaning of the Civil Code. By placing an Order, the Customer submits an invitation to conclude a contract for the purchase of specific Goods in accordance with Article 71 of the Civil Code.
Until the confirmation of the placed Order, the Customer may modify the entered data and selected Goods. To do so, follow the information and messages displayed on the site.
After providing all available data, the Store's website will display a summary of the placed Order, which will include, among other things, the quantity and description of the Goods, the price and other costs clearly stated on the Store's website.
In order to successfully place an Order, it is necessary to accept the Terms and Conditions, provide personal information necessary for the execution of the Order and, after selecting payment, press the "Order and pay" button.
After placing an Order, a message is sent to the e-mail address indicated by the Customer, confirming the placement of the Order and the contents of the placed order.
The summary of the submitted Order will include information regarding:

the subject of the contract;
the unit and total price of the ordered products or services, including delivery costs and additional costs (if any);
the selected payment method;
the selected method of delivery.

Each placement of an Order in the Store entails an obligation to pay.
At the moment when the Store confirms acceptance of the placed Order for processing, the Contract of Sale of the ordered Goods is concluded. Confirmation takes the form of a message to the Customer's e-mail address. Subsequently, the Customer is sent current information about the progress and execution of the Order.
Janbor has the right to refuse to carry out an order under the Sales Agreement in the event that the data provided by the Customer raises reasonable doubts as to its truthfulness; there is no possibility of the concept of contact with the Customer on the basis of the data provided by him/her; the Customer commits an illegal act in connection with the placement and execution of the Order; there is a lack of authorization of payment in the electronic payment system Przelewy24 selected during the Order or the Customer fails to make payment in due time, i.e. not later than within 3 days from the date of placing the Order.
The customer has the right to cancel the Order before receiving from the Store a confirmation of acceptance of the placed Order for processing. For this purpose, the customer should immediately contact the Store via e-mail and inform about the cancellation of the Order.
The order is processed by the Store immediately, but no later than 7 working days after Janbor receives full payment for the Product, or- in the case of payments handled by an entity processing electronic payments, i.e. Przelewy24 - after such entity receives confirmation of the correct execution of full payment by the Customer. The exact date of shipment of the product is indicated each time after the order is accepted via e-mail.
Order processing time is the time from the time the payment is credited to the time the package is released to the courier.
The sales contract shall be concluded in Polish or English, with the content in accordance with these Regulations.
The data of the Order and the Terms and Conditions are recorded, secured and made available via e-mail.

§6 DELIVERY AND ACCEPTANCE

Information on the total value of the Order, including the charges for Delivery of the Goods, is displayed after the Customer selects the form of delivery of the Order on the Store's website.
Delivery of the Ordered Goods from the Online Store to the address indicated by the Customer is carried out by courier service through InPost. The Store does not offer personal collection of the Ordered Goods.
Free delivery on the territory of Poland. Shipments are made via InPost courier or InPost Parcel Machines. Foreign shipments are sent by DPD courier, and the cost is calculated after providing the data when placing the order.
Delivery of the Goods shall be made only after payment by the Customer of the sales amount of the ordered Goods and delivery costs.
If delivery by the delivery method chosen by the customer is not possible, the customer will be informed by phone or email.

§ 7 PRICE AND PAYMENT

Prices are given in PLN and are gross prices (including VAT).
The Seller reserves the right to change prices of the Goods, to change the range of Goods available in the Store, to carry out and cancel promotional actions in the Store. However, for the Customer who has placed an Order before the change of the price of the Goods in the Store, the prices valid at the moment of placing the Order are binding.
The customer chooses the method of payment for the ordered Goods. Payments in the Store are handled by the company PayPro SA. based in Poznan at Kanclerska Street 15, postal code: 60-327, NIP: 779 236 98 87, KRS:0000347935.

§8 RIGHT OF WITHDRAWAL

The Customer, who is a Consumer residing in the European Union, has the right, without giving any reason, to withdraw from the contract within 14 calendar days from the date on which the Consumer came into physical possession of the goods or on which a third party other than the carrier and indicated by the Consumer came into physical possession of the goods.
Effective withdrawal from the contract requires the completion of a form on withdrawal from the contract (downloadable sample:return form) and sending it together with the returned Goods to the address: Janbor, 3a Morgowa St., 91-223 Lodz
In the event of withdrawal from the contract, the contract is considered not concluded, and what the parties to the contract have rendered is subject to refund.
The consumer in the case of withdrawal from the contract is obliged to return the goods covered by the contract of sale in an unaltered state, bearing no traces of use and in the original packaging.
The consumer shall bear the direct costs of returning the item in case of withdrawal from the contract. The store does not accept Goods sent back in COD shipments.
In the event that the Consumer withdraws from the Agreement with the Janbor Shop immediately, no later than within 14 days of receipt of the Consumer's statement of withdrawal from the Agreement, the Seller shall refund to the Consumer all payments made by him, including the cost of delivery of the item. However, if the Consumer has chosen other than the cheapest, ordinary way of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
The Seller shall refund the payment to the Consumer in the same way the payment for the order was made.
The Seller may withhold reimbursement of payments received from the Consumer until receipt of the goods.
The provisions of this paragraph do not apply to Customers who are not Consumers - in their case the right to withdraw from the Sales Agreement is absolutely excluded.

§ 9 COMPLAINTS OF GOODS (WARRANTY FOR DEFECTS OF GOODS)

The Seller shall be liable under the warranty for physical or legal defects of the sold Product under the rules set forth in the Civil Code, in particular, in Article 556 and Articles 556[1] - 556[3] et seq. of the Civil Code.
Complaint concerning non-conformity of the Goods with the contract should be sent via e-mail to hello@janbor.com
The complaint should describe: the type and date of the defect, attach photos, and indicate whether the customer is requesting removal of the defect or replacement with a defect-free item or a price reduction or withdrawal from the contract.
The customer may not withdraw from the contract if the defect is insignificant.
It is not necessary to attach a receipt or invoice documenting the conclusion of a Sales agreement between the parties to the complaint, but it will facilitate more efficient processing of the complaint.
The Seller will respond to the Customer's complaint within 14 calendar days. Failure of the Seller to respond within the above period means that the Seller has recognized the complaint as justified.
The customer has the right to complain about the non-conformity of the goods with the contract within 2 years from the date of delivery of the item directly to the customer.
If the Customer finds damage to the Goods in transit, the Customer is obliged to write a damage protocol in the presence of the courier, or if this is not possible - immediately after noticing the damage to the shipment. Complaints arising from damage to the Product during transport will be considered on the basis of the damage protocol drawn up by the Customer and the courier.
In the case of a Sales Contract concluded with a Customer who is not also a Consumer, pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for defects in the Goods is excluded. This exclusion is ineffective if the Seller has maliciously concealed the defect.

§10 COMPLAINTS REGARDING THE PROVISION OF ELECTRONIC SERVICES

Janbor undertakes to ensure fully correct operation of the Store, to the extent resulting from current technical knowledge, and undertakes to remove within a reasonable period of time any irregularities reported by the Customers.
The customer is obliged to immediately notify the Janbor Store of any irregularities or interruptions in the functioning of the Online Store service.
Irregularities related to the functioning of the Store, the Customer may report to the e-mail address hello@janbor.com
In the complaint, the customer should provide his name, mailing address, type and date of occurrence of irregularities related to the operation of the Store.
Janbor undertakes to consider each complaint within 14 days. Failure to consider a complaint within the aforementioned period means that the complaint is considered legitimate.

§ 11 DISPUTE RESOLUTION

A customer who is a Consumer may use out-of-court means of handling complaints and claims. The Consumer may, among other things, turn to:

the provincial inspector of the Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute;
an amicable consumer court at the Trade Inspection with a request to resolve disputes arising from the concluded Sales Agreement;
district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection in order to obtain free legal assistance in resolving disputes arising from the concluded Sales Agreement.

Consumers can also use other methods of out-of-court dispute resolution and, for example, submit their complaint through the EU ODR online platform, available at: http: //ec.europa.eu/consumers/odr/
If the Consumer does not wish to use out-of-court means of dispute resolution, the settlement of any disputes arising between Janbor and the Consumer, will be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
Settlement of possible disputes arising between Janbor and the Customer, who is not a Consumer at the same time, will be subject to the court having jurisdiction over the seat of PPHU JANBOR s.c. Jacek Janicki, Izabela Kapuścińska
In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means and other generally applicable applicable provisions of Polish law shall apply.

§ 12 FINAL PROVISIONS

Janbor reserves the right to change the Terms and Conditions for important reasons, i.e. changes in legislation and changes in payment and delivery methods. Information about changes to the Terms and Conditions will be posted on the Store's website. Customers will be informed about the change in the Rules and Regulations and the possibility of accepting it when they log in to their customer account for the first time, counting from the effective date of the updated Rules and Regulations.
Refusal to accept the regulations is tantamount to termination of the contract for the provision of electronic services.
Orders placed before the date of amendment of the Terms and Conditions will be processed under the terms of the Terms and Conditions as they were before the amendments.
In case of any doubts related to the content of the Terms and Conditions, the Seller provides any information atthe e-mail address: hello@janbor.com
In matters not covered by these Regulations, the provisions of the Civil Code and special laws, in particular the Act of May 30, 2014 on Consumer Rights (DZ. U. of 2014, item 827) shall apply.
If one of the provisions of these Regulations is declared invalid or unenforceable by a final court decision, the remaining provisions shall be valid and remain in effect.