The www.jakcieplo.pl store operates under the principles set out in these Regulations.
The Regulations specify the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.jakcieplo.pl Store, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of services electronically.
Each Service Recipient is obliged to comply with the provisions of these Regulations from the moment of taking steps to use the Electronic Services of the www.jakcieplo.pl Store.
In matters not regulated in these Regulations, the following provisions shall apply:
Act on the provision of services by electronic means of 18 July 2002,
Consumer Rights Act of 30 May 2014,
Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016,
the Civil Code Act of 23 April 1964 and other relevant provisions of Polish law.
§ 2DEFINITIONS INCLUDED IN THE REGULATIONS
ORDER FORM – a form available on the website www.jakcieplo.pl enabling the placement of an Order.
CLIENT – A Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
CONSUMER – a natural person who performs a legal act with an entrepreneur not directly related to his or her business or professional activity.
ENTREPRENEUR – a natural person, a legal person and an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
PRODUCT – a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
STATUTE – these Store regulations.
STORE – The Service Provider’s online store operating at www.jakcieplo.pl.
SELLER, SERVICE PROVIDER – Movement therapy Aleksandra Lampart, ul. Szpaki 3G/94, 80-624 Gdańsk, NIP: 9570944659, REGON: 220260825
SALES AGREEMENT – Product Sales Agreement concluded between the Customer and the Seller via the Store.
ORDER – a declaration of intent by the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.
PRICE – value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.
§ 3INFORMATION ABOUT PRODUCTS AND ORDERING THEM
The www.jakcieplo.pl store sells Products via the Internet.
The products offered in the Store are new, compliant with the contract and have been legally introduced onto the Polish market.
The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer is making an offer to purchase a specific Product under the terms specified in its description.
The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer is making an offer to purchase a specific Product under the terms specified in its description.
Orders can be placed via the website using the Order Form (Shop www.jakcieplo.pl) – 24 hours a day, all year round.
The condition for placing an Order in the Store by the Customer is to read the Regulations and accept their provisions at the time of placing the Order.
§ 4CONCLUSION OF THE SALES AGREEMENT
To conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance using the method provided by the Seller, in accordance with § 3 points 5 and 6 of the Regulations.
After placing the Order, the Seller immediately confirms its receipt.
Confirmation of acceptance of the Order referred to in point 2 of this paragraph binds the Customer to their Order. Confirmation of receipt of the Order is sent via email.
Confirmation of receipt of the Order includes:
confirmation of all essential elements of the Order,
withdrawal form,
these Regulations containing information on the right to withdraw from the contract.
Upon receipt by the Customer of the e-mail referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.
§ 5PAYMENT METHODS
The Seller provides the following payment methods:
PAYNOW payment gateway (Fast Payments),
payment on delivery.
Please enter "Order No. ..." in the transfer title.
When paying via an electronic payment system, the Customer must make payment before the Order is processed. The electronic payment system allows payment by credit card or quick transfer from selected Polish banks.
The Customer is obliged to pay the price under the Sales Agreement within 7 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
The product will only be shipped after payment has been received.
§ 6COST, DATE AND METHODS OF PRODUCT DELIVERY
The Product delivery costs, which are covered by the Customer, are determined during the Order placement process.
The delivery time of the Product consists of the time of completing the Product and the time of delivery of the Product by the carrier:
the time for completing the Products is 5 working days,
delivery of Products constituting movable items by the carrier takes place within the time declared by the carrier, i.e. 4 business days from the moment of sending the shipment (delivery takes place only on business days, excluding Saturdays, Sundays and public holidays).
Products purchased in the Store are shipped only within Poland via Poczta Polska or a courier company.
§ 7PRODUCT COMPLAINT
Complaint due to the lack of conformity of the Product with the contract.
The basis and scope of the Seller’s liability towards the Customer who is a Consumer for the lack of conformity of the Product with the contract are specified in the Consumer Rights Act of 30 May 2014,
The basis and scope of the Seller's liability towards the Customer who is an Entrepreneur under the warranty are specified in the Civil Code of 23 April 1964,
The Seller is liable to the Customer who is a Consumer for any lack of conformity of the Product with the contract existing at the time of delivery of the Product and revealed within 2 years from that time, unless the expiry date of the Product specified by the Seller or persons acting on his behalf is longer,
Notification of the Product's non-conformity with the contract and submission of an appropriate request may be made via e-mail to the following address: jakcieplo@gmail.com or in writing to the following address: ul. Jabłoniowa 18b/10, 80-175 Gdańsk
In the above message, in written or electronic form, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and expedite the processing of the complaint by the Seller,
In order to assess the irregularities and non-conformity of the Product with the contract, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his own expense,
The Seller will respond to the Customer's request immediately, no later than within 14 days from the date of filing the complaint,
in the case of a complaint from a Customer who is a Consumer – failure to consider the complaint within 14 days of its submission shall be deemed to constitute its acceptance,
In connection with a justified complaint from a Customer who is a Consumer, the Seller shall:
covers the costs of repair or replacement and re-delivery of the Product to the Customer,
reduces the price of the Product (the reduced price must be in proportion to the price of the goods in accordance with the contract to the goods that are inconsistent with the contract) and returns the value of the reduced price to the Consumer no later than 14 days from receiving the declaration of price reduction from the Consumer,
In the event of withdrawal from the contract by the Consumer, the Seller will refund the price of the Product no later than 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer is obligated to immediately return the goods to the Seller at the Seller's expense,
the response to the complaint is provided on paper or another durable medium, e.g. e-mail or SMS.
§ 8RIGHT OF WITHDRAWAL FROM THE CONTRACT
Subject to point 10 of this paragraph, a Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving any reasons by submitting an appropriate declaration within 14 days.
In the event of withdrawal from the contract, the Sales Agreement is considered null and void, and the Consumer is obligated to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to return the Product before its expiry.
In the event of withdrawal from the Sales Agreement, the Product must be returned to the following address: ul. Jabłoniowa 18b/10, 80-175 Gdańsk
The Consumer is liable for any reduction in the value of the Product resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Product, unless the Seller has failed to inform the Consumer or the entity referred to in § 10 about the method and deadline for exercising the right of withdrawal and has failed to provide them with a model withdrawal form. In order to establish the nature, characteristics, and functioning of the Products, the Consumer should handle and inspect the Products only in the same manner as they would do in a brick-and-mortar store.
Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product, including the costs of delivery, using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different refund method that does not involve any costs for the Consumer. Subject to point 7 of this paragraph, the refund will be made immediately, and no later than 14 days from the Seller's receipt of the declaration of withdrawal from the Sales Agreement.
If the Consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to reimburse the additional costs incurred by him.
If the Seller has not offered to collect the Product from the Consumer, he may withhold the reimbursement of payments received from the Consumer until he receives the returned goods or provides proof of having sent them back, whichever occurs first.
The Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall only bear the costs of returning the Product to the Seller.
The fourteen-day period within which the Consumer may withdraw from the contract is counted for the contract in the performance of which the Seller delivers the Product and is obliged to transfer its ownership – from the day on which the Consumer (or a third party indicated by him other than the carrier) took possession of the Product.
The right to withdraw from a distance contract does not apply to the Consumer in the case of a Sales Agreement, among others, where the subject of the provision is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet his individual needs.
Both the Seller and the Customer have the right to withdraw from the Sales Agreement if the other party fails to fulfill its obligation within a strictly specified period.
§ 9TYPE AND SCOPE OF ELECTRONIC SERVICES
The Service Provider enables the use of the Electronic Service via the Store, which is the conclusion of Product Sales Agreements.
The provision of Electronic Services to Service Recipients in the Store takes place under the terms and conditions specified in the Regulations.
The Service Provider has the right to post advertising content on the Store's website. This content constitutes an integral part of the Store and the materials presented therein.
§ 10CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
The provision of the Electronic Service specified in § 9 point 1 of the Regulations by the Service Provider is free of charge.
The Agreement for the provision of Electronic Services consisting in enabling the placement of an Order in the Store is concluded for a fixed period of time and is terminated when the Order is placed or when the Service User ceases to place it.
Technical requirements necessary for cooperation with the IT system used by the Service Provider:
a computer (or mobile device) with Internet access,
access to e-mail,
web browser,
enabling Cookies and Javascript in your web browser.
The Service Recipient is obliged to use the Store in a manner consistent with the law and good practice, with respect for the personal rights and intellectual property rights of third parties.
The Service Recipient is obliged to enter data consistent with the actual state of affairs.
The Service Recipient is prohibited from providing content of an illegal nature.
§ 11COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
Complaints related to the provision of Electronic Services via the Store may be submitted by the Service User via e-mail to the following address: jakcieplo@gmail.com
In the above email, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity, and your contact details. The information provided will significantly facilitate and expedite the Service Provider's handling of the complaint.
The complaint will be considered by the Service Provider immediately, no later than within 14 days from the date of submission.
The Service Provider's response to the complaint is sent to the Service User's e-mail address provided in the complaint or in another manner provided by the Service User.
§ 12FINAL PROVISIONS
Contracts concluded through the Store are concluded in accordance with Polish law.
In the event of any inconsistency of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision of the Regulations.
Any disputes arising from Sales Agreements between the Store and Consumers will be resolved primarily through negotiation, with the intention of resolving the dispute amicably, taking into account the Act on Out-of-Court Resolution of Consumer Disputes. However, if this is not possible or is unsatisfactory for either party, disputes will be resolved by a competent common court, in accordance with point 4 of this section.
Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.
The Customer who is a Consumer also has the right to use extrajudicial methods of resolving disputes, in particular by submitting, after the complaint procedure is completed, an application to initiate mediation or an application for consideration of the case by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223)A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Consumers may also seek free assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is completed is free of charge.
In order to amicably resolve a dispute, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) online platform, available at: In order to amicably resolve a dispute, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/.
