I. General provisions.
1. These regulations set out the rules for making and executing orders for goods via the online store "jpbgallery.com".
2. The Store is owned by JPB Galeria Jerzy Basa with its registered office in Białystok (15-201) at 69/26 Warsaw Street, which is a registered taxpayer with goods and services with a tax identification number: NIP 9661247274 and statistical number: REGON 200307755.
3. The Customer using the Store may contact the owner via e-mail with the address customerservice@jpbgallery.com
4. The Seller provides services through the Store:
a) become familiar with the Store's assortment,
b) selling Products,
c) maintaining a Customer Account.
II. Definitions
1. E-mail address - the User's e-mail address provided by the User during the Account opening procedure or changed later in the "My Account" panel.
2. Price - value expressed in monetary units (EUR) which the Customer is obliged to pay the Seller for the Product. The prices given in the Store are gross prices (including VAT). Products offered in the Store may be covered by additional discounts and promotions.
3. Registration form - a form available in the Store that allows you to create an Account.
4. Order form - an interactive form available in the Store and enabling the Customer to place an Order.
5. Password - a string of alphanumeric characters provided by the User and assigned to the User and his Login, determined during registration, which can be later changed by a given User, and in connection with the login enables a given User to log in and use the Store.
6. Customer - a natural person concluding a Contract within the Store not directly related to his business or professional activity.
7. Account - an individual Customer account in the Store, through which customer data and information provided by the customer, as well as information about orders placed by him are collected.
8. Shopping Cart - an element of the Store's software that enables placing an Order, previewing its data and modifying it.
9. Login - the User's e-mail address or mobile phone number provided during the registration procedure to the Store, enabling the given User to log into the Account and use the Store.
10. Cookies - files saved on the Customer's device when the Customer visits the Store's website, which stores settings and other information used on the websites he visits.
11. Privacy Policy - a document specifying the provisions regarding the processing of personal data, available on the website under the name "PRIVACY POLICY".
12. Product - a movable item or service available in the Store that is the subject of the Agreement between the Customer and the Seller.
13. Regulations - these regulations.
14. Store - an online store run by the Seller at the internet address www, jpbgallery.com
15. Seller - Store owner.
16. Agreement - an agreement concluded remotely within the meaning of Art. 2 point 1 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), the subject of which is the sale of movable items or, according to the characteristics of the goods, a contract for the provision of services or a contract for specific work.
17. User - any person using the Store.
18. Order - a declaration of intent made by the Customer via the Order Form, aiming directly at the conclusion of the Agreement, preceded by acceptance of the Regulations, choice of goods and choice of payment method.
III. Creating an account
1. Creating an Account by the User is not required to familiarize with the Store's assortment, but it is necessary to place an Order and conclude a Contract.
2. Registration and creating an Account takes place by completing the Registration Form by the User. In the Registration Form, it is necessary to provide the User's address and e-mail address.
3. The User may also provide a mobile number.
4. Creating and using an Account in the Store is free and possible for an indefinite period.
5. As part of the Account registration procedure, each User sets his own Account Password. Requirements regarding the content of the password are provided to the User during Account registration.
6. Logging in to the Account is done by entering the Login (e-mail address or mobile number) and the Password set in the Registration Form by the User.
7. Before completing the registration process, the User may consent to receive information about the current Store offer and surveys regarding opinions on services, including in the form of a Newsletter.
8. The condition of completing the registration is the User's statement that he has read the content of these Regulations and accepts its content, submitted during the registration process by ticking the appropriate box, also containing the statement about becoming familiar with the Privacy Policy.
9. The User undertakes not to disclose the data needed to log in to the Store to unauthorized persons. The consequences of providing access to the data referred to in the preceding sentence to unauthorized persons shall be borne by the User.
10. Users are required to provide their own personal data when registering, and to ensure that these personal data are true.
11. The Seller will provide the Customer with information related to the sale of Products to the Customer in electronic form (e-mail) in the "My Account" panel, unless a different mode of providing information results from the detailed provisions of the Regulations, or the Customer and Seller agree on a different mode of providing information .
12. The User may at any time, without giving reasons and without incurring any fees, delete the Account in the "My Account" panel. In the event of account deletion, all data will be deleted, except for data necessary for the complaint process and handling any claims, which will be stored until the expiry of the limitation periods for claims arising from completed orders.
13. The contract for keeping an account in the Store may also be terminated with immediate effect by the Seller, if the Buyer uses the Store in a manner contrary to the law, decency or Regulations, and in particular when the Buyer:
a) uses the Store in a way that interferes with the functioning of the Store,
b) uses the Store in a way that makes it difficult for other users to use the Store,
c) he provided false personal data in the account,
d) sends through the forms available in the Store unlawful content, in particular vulgar, offensive, discriminatory, inciting to aggression or hatred.
14. Services are provided electronically to the Buyer free of charge. Sales contracts concluded through the Store are paid for
15. In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Store, the Seller shall take technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
16. The Seller undertakes actions to ensure the fully proper functioning of the Store. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Store.
17. Any complaints related to the functioning of the Store, the Buyer may submit via e-mail to the email address customerservice@jpbgallery.com In the complaint, the Buyer should provide the name and surname, correspondence address and type and the date of occurrence of irregularities related to the functioning of the Store. The Seller will consider all complaints within 14 days of receiving the complaint and inform the Customer of its settlement to the e-mail address of the person submitting the complaint.
IV. Technical requirements for using the store and security
1. Using the Store, including browsing the Store's assortment and placing Orders requires:
a) the terminal device, enabling the generation of the Store's website, with access to the Internet and to a working web browser,
b) standard operating system,
c) standard internet browser,
d) an active e-mail account,
e) enabled cookies.
f) installing FlashPlayer. Internet access,
2. Using the Store may be associated with risks typical of Internet activities.
3. The Store Owner will provide the Customer with current information on specific threats related to the use of electronic services.
V. Rules for placing the Order
Order
1. The buyer can place an order only as a registered customer.
2. The registered customer is the Buyer who has an account in the Store. The buyer can set up an account from the "Register" tab or
when placing the order.
3. To place an order, the Buyer is obliged to take the following steps:
a) Select the product or products being the subject of the order by clicking the "Add to Cart" button,
b) Go to the basket view,
c) Log in to your account in the Store or create a user account,
d) Select delivery address, shipping and payment method and type of proof of purchase,
e) Add a comment to the order, if necessary,
f) Provide a rebate code, if the Buyer has one,
g) Click the "Continue" button,
h) Read the order confirmation and if everything is correct, click the "Confirm Purchase" button.
4. If the Buyer has chosen to pay online, after clicking the "Confirm Purchase" button, the Buyer will be taken to the payment
operator's transaction page to make the payment for the order. After making the payment, the Buyer will be redirected back to the
Store page with the order confirmation. At this time, the contract of sale of the products covered by the order is considered to have
been concluded between the Buyer and the Seller.
5. If the Buyer has chosen a payment other than online payment, after clicking the "Buy and pay" button, the order confirmation page
will be displayed. At this time, the contract of sale of the products covered by the order is considered to have been concluded between
the Buyer and the Seller.
6. The buyer must provide true personal data in the order form. The buyer is responsible for providing false personal data. The Seller
reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or if the data raises
reasonable doubts of the Seller as to their correctness. In this case, the Buyer will be informed by phone or e-mail about the Seller's
doubts. In this situation, the Buyer has the right to clarify all circumstances related to verifying the accuracy of the data provided. In
the absence of data enabling the Seller to contact the Buyer, the Seller will provide all explanations after the Buyer has contacted.
7. The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their accuracy and
correctness, although he has such permission.
8. If the Buyer wants to receive an invoice for the order, he is obliged to express such will at the stage of placing the order and provide
data for issuing the invoice. If the invoice is to be issued for the benefit of the entrepreneur, the Buyer must provide the NIP number at
this stage. Due to tax regulations in force, the lack of expressing the will to receive an invoice with the NIP number at the stage of
placing the order prevents the issuing of such an invoice if a receipt without a NIP number has already been issued.
9. Photos and descriptions of Products posted in the Store are illustrative materials that are intended only to enable the customer to
become acquainted with the Products and create a general impression about the appearance and properties of the Products. In
particular, the appearance of the Product in the photos presented in the Store may differ slightly from the external appearance of the
Product issued to the Customer, which differences may result in particular from other customer monitor settings, lighting conditions
and other factors related to the parameters of the device on which the page is displayed Store's website.
VI. Offered delivery and payment methods
• The following shipping methods are available in the Store:
1. DPD courier,
2. Polish Post
• The cost of delivery is borne by the Buyer, unless otherwise stated in the information presented in the Store. The delivery cost is presented to the Buyer at the stage of placing the order.
• The following payment methods for the order are available in the Store:
1. a traditional bank transfer,
2. on delivery – only in Poland
3. online payment.
• The online payment operator is Dotpay limited liability company with its registered office in Kraków at ul. Wielickiej 28B, 30-552
Kraków, entered into the Register of Entrepreneurs of the National Court Register under the number KRS 0000700791 by the District
Court for Kraków - Śródmieście in Kraków, 11th Commercial Department, with NIP 6342661860 and REGON 240770255, with a share
capital of PLN 4,000,000.00 total brought.
VII. Invoices
1. The Customer, by accepting the Regulations, simultaneously requests the issue of invoices documenting sales made to him.
2. The Customer agrees for the Seller to issue electronic invoices in the form of a PDF file and to send them to the e-mail address provided by the Customer or to make them available in the Account he has created.
VIII. Performance of the contract
1. The Agreement is concluded after the Customer has placed the Order in the Store in accordance with the procedure described in point V of the Regulations.
2. After placing the Order, if its implementation is possible, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation occurs by sending the Customer an appropriate electronic message to the Email address. It contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Agreement.
3. If it is impossible to complete the placed Order due to the lack of the ordered Product or its temporary unavailability, the Order will be corrected accordingly.
4. If the Customer chooses to pay via online transfer or card, the Customer is obliged to provide cash at the time of placing the Order corresponding to the value of the placed Order together with the delivery costs. In the absence of adequate funds, the Order will not be processed.
5. The product will be sent by the Seller within 3 business days of receipt of funds to the account - in the case of a transfer or confirmation of receipt of payment by Dotpay.
6. When ordering Products with different delivery dates, the delivery date is the longest given date.
7. Product delivery is made exclusively to customers who have a delivery address and contact telephone number.
8. The costs of delivery of Products to the address indicated by the Customer are charged to the Customer and have been specified in detail on the Store's website and in the generated Order confirmation sent to the e-mail address provided by the Customer.
9. The final amount to be paid by the Customer consists of the Price for the selected Product (s) and the cost of delivery, of which the Customer is informed on the Store's website when placing the Order, including when expressing the will to be bound by the Agreement.
10. The Store reserves the right to update the prices of Products made available on the Store's website, however the Product price applicable at the time of placing the Order remains binding on the Customer.
11. Promotions in the Store regarding the sale of Products cannot be combined, unless the regulations of a given promotion state otherwise.
12. Promotions in the Store regarding the sale of Products are always valid until the date specified by the Seller or while stocks last.
IX. The right to withdraw from the Agreement
1. The Customer may withdraw from the Agreement within 14 days without giving any reasons by submitting a declaration of withdrawal to the Seller. To meet the deadline for withdrawing from the Agreement, it is sufficient for the Customer to send a statement before 14 days.
2. The time limit for withdrawing from the Contract specified above begins with the delivery of the Product to the Customer or a third party indicated by him other than the carrier.
3. In the case of a Contract covering many Products that are delivered separately, in batches or in parts, the deadline for withdrawing from the Contract begins with the delivery of the last item, batch or part of the Product.
4. The statement of withdrawal from the Agreement may be sent in writing by registered mail to the address indicated in point I of these Regulations or submitted on a form, a template of which has been posted by the Seller on the Store's website.
5. The declaration of withdrawal on the form should be sent before the deadline for its submission to the address customerservice@jpbgallery.com. The seller will send the customer by e-mail information about the receipt of the withdrawal form sent by the customer.
6. Effects of withdrawal from the Agreement:
a) in the event of withdrawal from the Agreement, the Seller shall immediately return to the Customer, no later than within 14 days from the date of receipt of the Customer's statement on withdrawal from the Agreement, all payments made by him,
b) the payment is refunded using the same payment methods that were used by the Customer in the transaction. The Seller may withhold the reimbursement of the payment until receiving the returned Product or until providing proof of sending it back, depending on which event occurs first,
c) The Customer should return the Product to the address indicated in the feedback sent to the Customer by the Seller to the e-mail address indicated by the Customer in accordance with the Return Procedure, not later than within 14 days from the day on which he informed the Seller of withdrawal from the Agreement,
7. The Customer is not entitled to withdraw from the Agreement if the Agreement is concluded:
a) in which the subject of the service are Products made to the customer's order
8. If the Consumer has chosen a delivery method other than the cheapest usual delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
9. If the Seller has not offered to collect the item from the Consumer, he may withhold the reimbursement of payments received from the Consumer until he receives the item back or the Consumer provides proof of sending it back, depending on which event occurs first.
10. The consumer bears the direct cost of returning the item.
11. The consumer is responsible for reducing the value of things as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
X. Complaint procedure
Complaints regarding the purchase of Products:
a) The Seller is obliged to provide the Customer with a Product free from defects,
b) The Seller is liable under the warranty on the principles set out in the Polish Civil Code,
c) a complaint regarding the Product should be submitted electronically at the electronic address: customerservice@jpbgallery.com.
d) the complaint should include in particular a concise description of the revealed defect, circumstances and date of its occurrence, data of the Customer submitting the complaint,
f) if the Good has a defect, the Customer may:
- apply under warranty to remove the Product defect,
- make a statement about the price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the Defective Product with a non-defective Product or removes the defect,
- demand replacement of the defective Product with one free of defects or removal of the defect. The seller is obliged to replace the defective product with a product free from defects or remove the defect within a reasonable time without undue inconvenience to the customer. The Seller is not obliged to comply with the Customer's request if bringing the Product 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. When assessing the excessive costs, the value of the Product free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would otherwise be exposed. In this case, the Seller returns the Price paid for the Product to the Customer. In the event of a warranty for defects, the cost of repair or replacement shall be borne by the Seller,
g) The Seller will respond to such request immediately, no later than 14 days from its submission. After the ineffective expiry of this period, the Seller's failure to respond to the Customer's request shall be deemed as his recognition,
h) if the Customer submits a statement on withdrawal from the Contract in the complaint, the Seller shall respond to this request immediately, no later than within 14 days of its submission. No response within this period shall be deemed to be the Seller's lack of comments regarding the submitted statement,
i) Products advertised as part of the indicated procedure should be returned to the address indicated in the e-mail sent to the Customer by the Seller to the e-mail address indicated by the Customer.
XI. Return of Products.
1. In the event of withdrawal from the contract (point IX. Of the Regulations) or submitting a complaint of the Product (point X. of the Regulations), the Customer wishing to return the Product should to the e-mail address customerservice@jpbgallery.com. Send product return information.
2. After sending the information described above in point 1, the Customer receives a form to the Email Address which can be printed directly.
3. The package should be immediately sent to the Seller to the address provided in the e-mail information referred to in point 1
XII. Out-of-court complaint consideration and redress methods
1. Detailed information on the possibility for the User to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Trade Inspection Inspectorates and the following internet addresses of the Office of Competition and Consumer Protection:
a) http://www.uokik.gov.pl/spory_konsumenckie.php,
b) http://www.uokik.gov.pl/spprawy_ind Individualne.php,
c) http://www.uokik.gov.pl/wazne_adresy.php.
2. The User has the following examples of possibilities of using extrajudicial methods of dealing with complaints and redress:
a) The User is entitled to apply to a permanent consumer arbitration court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller,
b) The User is entitled to contact the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
3. The User may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers) .
4. The user may also use the EU ODR internet platform available at http://ec.europa.eu/consumers/odr/ for the amicable settlement of disputes.
XIII. Personal data protection
Regulations regarding the protection of personal data are presented in the Privacy Policy on the store's website.
XIV. Final Provisions
1. The content of the Regulations is free of charge, without any time limits, made available to customers on the Store's website.
2. Store Regulations may change, in particular in the case of:
a) changes in applicable law applicable to the Store,
b) changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations,
c) changes in the functioning of the Store necessary to maintain the security of Agreements concluded.
3. The content of amendments to the Regulations will be notified to every Customer who has an Account via the message sent to the e-mail address provided by him when creating the Account or changed in the "My Account" panel. Notification of changes to the Regulations in the manner specified above will take place no later than 14 calendar days before the amended Regulations enter into force. In the event that the User registered in the Store does not accept the new content of the Regulations, he may terminate the contract with the Seller for the provision of the Account keeping service by removing the Account in the Store. In matters not covered in the Regulations, the provisions of Polish law, in particular the Civil Code and the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) shall apply.
4. The User is obliged to use the store in a manner consistent with the law and decency, with a view to respecting personal rights as well as copyrights and intellectual property rights made available in the Store and third parties, as well as not to provide unlawful content. The user is obliged to enter data consistent with the facts.
5. All rights to the Store's website, including the text and its graphic elements, IT mechanisms, layout and other elements of the Website are reserved.
6. The use and use of content placed on the Store's website does not mean that Users acquire any rights to the elements contained therein.
7. Elements of the Store's website may only be used to the extent of fair use, as set out in the provisions of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws No. 24, item 83, as amended), the Act of of July 27, 2001 on the protection of databases (Journal of Laws No. 128, item 1402) and the Act of April 16, 1993 on combating unfair competition (Journal of Laws 93.47.211 as amended).
8. It is forbidden to make any copying or modification of the Store's website in whole or in part for any purpose, in particular commercial purposes, without the prior written consent of the Seller.
9. In order to correctly implement the services and information provided, and for the purpose of collecting anonymous statistical information, the Store uses information saved by the server on the User's end device, which is then read each time the Internet browser connects (so-called cookies). The user may at any time change the browser settings to not accept such files or to inform about their transfer. However, please note that non-acceptance of Cookies may cause difficulties in using the Store.
10. These regulations apply from 08/03/2020.
11. If You have any question, write to us: customerservice@jpbgallery.com
