TERMS AND CONDITIONS
1. General provisions
1.1. The Operator and the Administrator of the online shop operating through a website jollyheap.com is Svitlana Sapunova, conducting business under the name “JOLLY-HEAP” Svitlana Sapunova with its registered office in str. Aleja Led 4, 55-020 Rzeplin, Poland NIP:8992772832,REGON362440030,hereinafter referred as “Seller”. Other contact details of the Seller: e-mail: firstname.lastname@example.org, Tel.: +48 575 935 005.
1.2. The seller is a party of the concluded sales agreements, as well as the administrator of personal data provided by buyers through the online shop.
1.3. The terms and conditions of shopping in the online shop are regulated by these terms and conditions.
1.4. The provisions of these Terms and Conditions are not intended to restrict or exclude the rights of consumers and the rights of private persons who conclude an agreement directly related to their business activities, if it is clear from the content of this Agreement that it does not have a professional character for these persons, resulting in particular from the subject of their business activities, made available on the basis of the provisions of the Central Register and Information on Economic Activity, resulting from the mandatory provisions of the law. Any possible doubts about the provisions of the rules will be interpreted in favor of the above categories of persons, and if the provisions of the rules turn out to be incompatible with the mandatory provisions of the law, these provisions are considered invalid by law.
2. The prices of Goods
2.1. Prices of goods are published on the website of the online shop.
2.2. The prices of goods do not include charges for other possible services accompanying the sale. In any case, the buyer is to be informed about the cost of additional services at the time of placing the order and on the order summary screen.
3. Conclusion of a Sales Contract
3.1. Any commercial information posted on the store’s website, including prices and descriptions of goods, does not constitute an offer, but is an invitation to conclude a contract.
3.2. The buyer’s submission of an order is equivalent to the buyer’s submission of a purchase offer.
3.3. The Sales Contract of sale is concluded upon receipt by the buyer of a statement confirming the acceptance of the order by the seller. The seller submits the above statement no later than within 5 working days from the date of placing the order by the buyer. After 5 working days have expired without purchase, the offer made by the buyer shall cease to bind. If the order is placed on a Saturday, Sunday or public holiday, the specified period will expire from 8: 00 am on the next business day.
3.4. Order acceptance is confirmed by sending an email to the buyer’s address specified in the moment of placing the order.
3.5. Placing an order does not require registration of the buyer’s account in the online shop. Personal data provided by the buyer during the registration of the account are used only for the purpose of the contract, unless the buyer expressly agrees to use them for other purposes (e.g. marketing, advertising, information).
3.6. Failure by the buyer to pay the price within 5 working days from the date of placing the order shall be considered as withdrawal from the purchase offer.
4. Right of withdrawal from the contract
4.1. The buyer may withdraw from the contract without giving a reason within 14 days from the date of receipt of the goods from the buyer or a third party other than the carrier indicated by him. If the buyer has purchased several items that have been delivered separately, in lots or in parts as part of a single order, the period for withdrawal from the contract shall start from the date of receipt of the last item, lot or part. After the expiration of the specified period, the buyer loses the right to withdraw from the contract.
4.2. To withdraw from the contract, the buyer should send to the seller’s email address email@example.com a statement of withdrawal. The buyer can use the withdrawal form published on the store’s website.
4.3. The buyer is obliged to return the goods immediately, not later than within 14 days from the date of withdrawal from the contract. The returned goods must be complete and must not show signs of use. The buyer shall bear the costs of returning the goods. If the item cannot be sent by regular mail, the buyer shall bear the costs associated with the chosen method of return of the item.
4.4. If the buyer withdraws from the contract, the seller will refund all payments received from the buyer, including the cost of delivery of things, except for additional costs arising from the buyer’s chosen method of delivery of things other than the cheapest regular method of delivery of things offered by the seller. The refund of the paid amount shall take place within 14 days from the date of receipt of the returned goods or delivery by the buyer of the proof of return of the goods, depending on which event occurs earlier. Refund of the amount paid will occur under the condition if goods are returned undamaged, which will be a subject of verification.
4.5. The seller shall refund the payment using the same method of payment used by the buyer unless the buyer has clearly agreed to another method of refund which does not demand any additional costs from him.
4.6. The provisions of this chapter shall not apply to non-consumer purchasers and not individual customers who conclude an agreement directly linked to their business activity in case if it is apparent from the content of current agreement that it has no professional nature for those persons, arising particularly from the subject-matter of their business activity, made available based on the provisions from business license.
5.1. The buyer can make payment by fast online transfer through the portal paypal.com, by traditional transfer to the seller’s account or by payment card. The provider of online payment services for card payments is Blue Media S. A. Available forms of payment (payment cards):
- Visa Electron
- MasterCard Electronic
5.2. Payment by bank transfer shall be considered as successful when the seller’s bank account is credited or when a confirmation of positive authorization is received from the online payment service, depending on which event occurs earlier.
5.3. The seller reserves the right to allow payment in another form based on individual arrangements with the buyer.
6.1. The seller begins the implementation of the order after payment by the buyer. The deadline for the implementation of an order placed on a day off shall start on the next working day.
6.2. Shipment of goods is carried out within the period specified in the description of the goods published on the website of the online shop. Delivery is carried out through a delivery company.
6.3. The ordered goods are delivered to the buyer’s address given by him when placing the order.
6.4. Together with the goods, the buyer is provided with a Bill of Sale of the goods. By placing an order and accepting these terms and conditions, the buyer agrees to send invoices and their duplicates and corrections in electronic form within the meaning of Article 106n paragraph 1 of the act of 11 March 2004 on the tax on goods and services to the email address provided by the buyer during the creation of an account or when placing an order. In the event of a change of email address, the buyer undertakes to notify the seller of this fact. In the absence of such action on the part of the buyer, it is considered effective to deliver the invoice to the e-mail address provided so far. The seller reserves the possibility of sending invoices in paper form by traditional means in case of technical obstacles. At the request of the buyer who is a consumer, the seller shall deliver the invoice to the buyer.
6.5. In the case of ordering goods with different delivery dates, the order is dispatched after the seller has completed the entire order.
6.6. The seller is obliged to provide the buyer with goods free from defects.
6.7. The way of using the goods is described in the instruction manual provided together with the goods.
7. Warranty and complaints
7.1. The seller shall be liable to the buyer for defects in the goods according to the rules set out in the mandatory regulations.
7.2. The complaint should be submitted by email to the following email address: firstname.lastname@example.org with a description of the defect and the circumstances of its disclosure together with the buyer’s request. The buyer can use the complaint form posted on the online shop’s website.
7.3. The buyer who is a consumer may, instead of the defect elimination proposed by the seller, demand the replacement of the goods free of defects, or instead of the replacement of the goods, demand the elimination of the defect, unless bringing the goods into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs in comparison with the way proposed by the seller. The assessment of cost overruns shall take into account the value of the defect-free item, the type and significance of the defect found, and the inconvenience to which the buyer would otherwise be exposed. The seller shall be liable for the warranty if a physical defect is found within two years from the date of delivery of the item to the buyer.
7.4. The defective goods should be sent to the address of the seller’s registered office.
7.5. The buyer’s complaint will be considered within 14 days from the date of its receipt by the seller. In case of the complaints’ unacceptance the goods will be sent back to the buyer together with an opinion on the unfounded complaint.
7.6. The seller’s liability under the warranty in relation to buyers who are not consumers is excluded. In the case of the sale of used goods, the seller’s liability to the buyer who is a consumer and the buyer who is a private person entering into an agreement directly related to his business activity, if it is clear from the content of this agreement that it does not have a professional character for him, resulting in particular from the object of his business activity, following the records from his business license, is limited to 1 year from the date of delivery of the goods to the buyer.
7.7. The seller is free from liability under the warranty if the buyer was aware of the defect when concluding the contract.
8. Personal data processing
8.1. The administrator of personal data is the seller, whose registration data is specified in paragraph 1.1. of Terms and Conditions
8.2. Personal data is processed in accordance with the regulations (EU) 2016/679 of the European Parliament and of the European Council from 27 April 2016 on the protection of individuals regarding the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / WE (RODO) and other generally binding provisions.
8.3. The data collected by the administrator during placing of an order and concluding a sales contract are processed in connection with (purposes of processing): (a) Person’s consent to the processing of data for a specific purpose (article 6 (1) RODO), (b) the need to implement the agreements concluded by you with the administrator, as well as the actions taken before the conclusion of the agreements on your request (article 6 (1) RODO), (c) the need to comply with a legal obligation for the administrator (article 6 (1) RODO), (c) the need to comply with a legal obligation for the administrator (article 6 (1) RODO).
8.4. The personal data of the buyer may be processed in connection with the legitimate interest of the administrator for the purpose of securing and pursuing claims, as well as the marketing of its own services (article 6 (1) RODO).
8.5. In case of subscription to a newsletter, your personal data will be processed based on your consent to the processing of your personal data for marketing purposes in connection with the sending of commercial information in the form of a newsletter (article 6 (1) RODO).
8.6. The provision of personal data is voluntary, but is required for placing an order, concluding a sales contract and its proper implementation.
8.7. The personal data of the buyer may be made available, depending on the chosen method of delivery of the order and the method of payment, to the selected carrier or intermediary carrying out shipments on behalf of the administrator for the purpose of delivery, as well as to the operator handling electronic payments or payment card payments, to the bank holding the administrator’s bank account, in order to enable the buyer to make payment for the order. The administrator may also share your personal data with the accounting office, as well as with hosting services providers and IT companies that maintain the online store.
8.8. Personal data is stored for the period necessary for: (1) securing or recovering any claims arising from the contract, (2) after-sales service for the buyer (processing of complaints), (3) compliance with the legal obligation imposed on the administrator (arising, for example, from accounting and tax legislation). Personal data processed for marketing purposes and for purposes other than those mentioned above will be processed until the previously expressed consent to their processing for this purpose is withdrawn or until an objection is raised.
8.9. In case the administrator intends to further process personal data for a purpose other than the purpose for which the personal data was collected, it shall inform about the other purpose and provide any other relevant information prior to such further processing.
8.10. The buyer has the right to request from the personal data administrator the access to his personal data, their correction, deletion or restriction of processing, the right to object to their processing, as well as the right to transfer them. The buyer also has the right to apply a complaint with the supervisory authority.
8.12. The customer has the possibility to order the sending of information as an online shop newsletter to the email address provided by him / her. By submitting an order for sending a newsletter, the client also ensures that he is authorized to have an email address to which the information is to be sent.
8.13. At any time, the customer is entitled to cancel the newsletter of the online shop.
9. Final provisions
9.1. To place an order in the online shop, it is necessary to agree to the provisions of these Terms and Conditions.
9.2. In matters related to the implementation of the order, the buyer may contact the seller by e-mail addressed to: email@example.com or by phone: +48 575 935 005.
9.3. In matters not regulated by these rules, the provisions of the law in force shall apply.
9.4. Any trademarks and names published on the site are used for identification purposes only and may be the registered trademarks of their respective legal owners.
9.5. Disputes arising from contracts concluded in accordance with these terms and conditions with a buyer who is not a consumer and with a buyer who is not an individual person concluding an agreement directly related to his business activity, when it is clear from the content of this agreement that it does not have a professional character for him, resulting in particular from the subject of his business activity, made available on the basis of the provisions of the Central Register and Information on Economic Activity, shall be settled by the general court having jurisdiction for the seller’s registered office.
9.6. The seller reserves the right to change these terms and conditions. Changes to the terms and conditions shall go into force 14 days after their publication. Contracts awarded before the entry into force of the changes shall be regulated by the provisions of the previous terms and conditions.
9.7. The buyer, as a consumer, can use out-of-court methods of dealing with complaints and claims. Out-of-court Internet dispute resolution between consumers and businesses enables the European ODR platform that is available at: http://ec.europa.eu/consumers/odr.
9.8. Terms and conditions apply from 01.01.2021.