www.JMLnet.com
§ 1
GENERAL PROVISIONS
The Store at http://jmlnet.com operates under the rules set out in these Terms and Conditions.
The Terms and Conditions specify the terms of concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Store at http://jmlnet.com, the rules for providing these services, the terms of concluding and terminating agreements for the provision of electronic services.
Each Service User, at the moment of taking steps to use the Electronic Services of the Store at http://jmlnet.com, is obliged to comply with the provisions of these Terms and Conditions.
For matters not regulated in these Terms and Conditions, the following provisions apply:
the Act on the Provision of Electronic Services of 18 July 2002,
the Consumer Rights Act of 30 May 2014,
the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016,
the Civil Code of 23 April 1964 and other relevant provisions of Polish law.
§ 2
DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS
ORDER FORM – a form available on the website http://jmlnet.com enabling the placement of an Order.
CLIENT – a Service User who intends to conclude or has concluded a Sales Agreement with the Seller.
CONSUMER – a natural person who performs a legal transaction with an entrepreneur, which is not directly related to their business or professional activity.
ENTREPRENEUR - a natural person, legal person and an organisational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity in their own name.
PRODUCT – a movable item available in the Store, which is the subject of the Sales Agreement between the Client and the Seller.
TERMS AND CONDITIONS - these Store terms and conditions.
STORE - The Service Provider's online store operating at the address http://jmlnet.com.
SELLER, SERVICE PROVIDER – JMLnet, ul. Chobolańska 1 / 2, 71-023 Szczecin, NIP 8551553609
SALES AGREEMENT – A Product Sales Agreement concluded between the Client and the Seller via the Store.
ORDER - a declaration of will by the Client constituting an offer to conclude a Product Sales Agreement with the Seller.
PRICE – the value expressed in monetary units, which the Client is obliged to pay the Seller for the Product.
§ 3
INFORMATION REGARDING PRODUCTS AND THEIR ORDERING
The Store at http://jmlnet.com sells Products via the Internet.
The Products offered in the Store are new, in accordance with the agreement and have been legally introduced into the Polish market.
Information on the Store's websites does not constitute an offer within the meaning of the law. By placing an Order, the Client makes an offer to purchase a specific Product under the terms given in its description.
The Product price displayed on the Store's website is given in Polish zlotys (PLN) and includes all components. The price does not include delivery costs.
Orders can be placed via the website using the Order Form (Store http://jmlnet.com) – 24 hours a day, all year round.
The condition for placing an Order in the Store by the Client is familiarisation with the Terms and Conditions and acceptance of its provisions at the time of placing the Order.
§ 4
CONCLUSION OF THE SALES AGREEMENT
To conclude a Sales Agreement, it is necessary for the Client to previously place an Order in the manner made available by the Seller, in accordance with § 3 points 5 and 6 of the Terms and Conditions.
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 Client to their Order. Confirmation of receipt of the Order is made by sending an e-mail message.
Confirmation of receipt of the Order contains:
confirmation of all essential elements of the Order,
a withdrawal form,
these Terms and Conditions containing information about the right to withdraw from the agreement.
Upon the Client receiving the e-mail message referred to in point 4 of this paragraph, the Sales Agreement between the Client and the Seller is concluded.
Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.
§ 5
METHODS OF PAYMENT
The Seller provides the following payment methods:
payment by traditional transfer to the Seller's bank account,
payment via an electronic payment system.
In the case of payment by traditional transfer, the payment should be made to the bank account number: PL 72 2490 0005 0000 4530 0044 9642 (Alior Bank). In the transfer title, please enter "Order no. …".
In the case of payment via an electronic payment system, the Client makes the payment before the Order is processed. The electronic payment system enables payment by credit card or instant transfer from selected Polish banks.
The Client 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 be dispatched only after it has been paid for.
§ 6
COST, DELIVERY TIME AND METHODS OF PRODUCT DELIVERY
The costs of Product delivery, borne by the Client, are determined during the Order placement process.
The delivery time of the Product consists of the Product assembly time and the Product delivery time by the carrier:
Product assembly time is 2 business days,
delivery of Products constituting movable items by the carrier takes place within the time declared by them, i.e. 3 business days from the moment of dispatch of the parcel (delivery takes place only on business days excluding Saturdays, Sundays and holidays).
Products purchased in the Store are shipped only within Poland via Polish Post or a courier company.
§ 7
PRODUCT COMPLAINT
Complaint due to lack of conformity of the Product with the agreement.
The basis and scope of the Seller's liability towards the Client who is a Consumer for the lack of conformity of the Product with the agreement are specified in the Consumer Rights Act of 30 May 2014,
the basis and scope of the Seller's liability towards the Client who is an Entrepreneur, due to warranty, are specified in the Civil Code of 23 April 1964,
The Seller is liable to the Client who is a Consumer for the lack of conformity of the Product with the agreement existing at the time of delivery of the Product and revealed within 2 years from that time, unless the shelf life of the Product specified by the Seller or persons acting on their behalf is longer,
Notification of the lack of conformity of the Product with the agreement and submission of an appropriate claim can be made via e-mail to: info@jmlnet.com or in writing to: JMLnet, ul. Chobolańska 1/2 , 71-023 Szczecin
in the above written or electronic message, 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 greatly facilitate and speed up the processing of the complaint by the Seller,
for the assessment of irregularities and non-conformity of the Product with the agreement, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at their own expense,
The Seller will respond to the Client's request immediately, no later than within 14 days from the moment of submitting the complaint,
in the case of a complaint from a Client who is a Consumer – failure to consider the complaint within 14 days from its submission is tantamount to its acceptance,
in connection with a justified complaint from a Client who is a Consumer, the Seller respectively:
covers the costs of repair or replacement and re-delivery of the Product to the Client,
reduces the price of the Product (the reduced price must remain in proportion to the price of the product conforming to the agreement to the product not conforming to the agreement) and returns the value of the reduced price to the Consumer at the latest within 14 days from receiving the statement on price reduction from the Consumer,
in the case of withdrawal from the agreement by the Consumer – the Seller refunds the price of the Product to them at the latest within 14 days from the date of receiving the returned goods or proof of their dispatch. In the event of withdrawal from the agreement, the Consumer is obliged 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 message.
§ 8
RIGHT TO WITHDRAW FROM THE AGREEMENT
Subject to point 10 of this paragraph, a Client who is also a Consumer, who has concluded a distance agreement, may withdraw from it without giving any reason by submitting an appropriate statement within 14 days.
In the event of withdrawal from the agreement, the Sales Agreement is considered not concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, but no later than 14 days from the day on which they withdrew from the agreement, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product before its expiry.
In the case of withdrawal from the Sales Agreement, the Product should be returned to the address: JMLnet, ul. Chobolańska 1/2, 71-023 Szczecin
The Consumer is liable for any reduction in the value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product, unless the Seller has not informed the Consumer or the entity referred to in § 10 about the manner and deadline for exercising the right to withdraw from the agreement and has not provided 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 way they could do in a stationary store.
Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product together with the costs of its delivery using the same payment method used by the Consumer, unless the Consumer has expressly agreed to another method of refund, which does not involve any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately, and at the latest within 14 days from the moment the Seller receives the statement on withdrawal from the Sales Agreement.
If the Consumer has chosen a method of Product delivery other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund them for any additional costs incurred.
If the Seller has not offered to collect the Product from the Consumer themselves, they may withhold the refund of payments received from the Consumer until they receive the item back or proof of its dispatch, whichever occurs first.
The Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, bears only the costs of sending the Product back to the Seller.
The fourteen-day period in which the Consumer may withdraw from the agreement is calculated for an agreement, in the performance of which the Seller delivers the Product being obliged to transfer its ownership - from the day on which the Consumer (or a third party other than the carrier indicated by them) took possession of the Product.
The right to withdraw from a distance agreement is not available to the Consumer in the case of a Sales Agreement, among others, in which the subject of the performance is non-prefabricated goods, manufactured according to the Consumer's specifications or serving to satisfy their individualised needs.
The right to withdraw from the Sales Agreement is available to both the Seller and the Client, in the event of the other party's failure to perform their obligation within a strictly specified deadline.
§ 9
TYPE AND SCOPE OF ELECTRONIC SERVICES
The Service Provider enables, via the Store, the use of an Electronic Service, which is the conclusion of Product Sales Agreements.
The provision of the Electronic Service to Service Users in the Store takes place under the terms specified in the Terms and Conditions.
The Service Provider has the right to place advertising content on the Store's website. This content is an integral part of the Store and the materials presented therein.
§ 10
CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
The provision of the Electronic Service specified in § 9 point 1 of the Terms and Conditions by the Service Provider is free of charge.
The agreement for the provision of the Electronic Service consisting in enabling the placement of an Order in the Store is concluded for a definite period and is terminated at the moment of placing the Order or the Service User ceasing to place it.
Technical requirements necessary for cooperation with the IT system used by the Service Provider:
computer (or mobile device) with Internet access,
access to e-mail,
web browser,
enabling Cookies and Javascript in the web browser.
The Service User is obliged to use the Store in a manner consistent with the law and good customs, bearing in mind respect for the personal rights and intellectual property rights of third parties.
The Service User is obliged to enter data consistent with the factual state.
The Service User is prohibited from providing unlawful content.
§ 11
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
Complaints related to the provision of the Electronic Service via the Store may be submitted by the Service User via e-mail to: JMLnet, ul. Chobolańska 1/2, 71-023 Szczecin
In the above e-mail message, 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 greatly facilitate and speed up the processing of the complaint by the Service Provider.
The Service Provider will consider the complaint immediately, no later than within 14 days from the moment of submission.
The Service Provider's response regarding the complaint is sent to the Service User's e-mail address provided in the complaint notification or in another manner indicated by the Service User.
§ 12
FINAL PROVISIONS
Agreements concluded via the Store are concluded in accordance with Polish law.
In the event of any inconsistency between any part of the Terms and Conditions and the applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Terms and Conditions.
Any disputes arising from Sales Agreements between the Store and Consumers will be resolved primarily through negotiations, with the intention of amicably ending the dispute, taking into account the Act on Out-of-Court Resolution of Consumer Disputes. However, if this were not possible or unsatisfactory for any of the parties, the disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.
Any disputes arising between the Service Provider and the Service User (Client) 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 Client who is a Consumer also has the right to use out-of-court methods of dispute resolution, in particular by submitting an application to initiate mediation or an application for consideration of the case by an arbitration court after the completion of the complaint procedure (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. The Consumer can also use the free assistance of the county (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the completion of the complaint procedure is free of charge.
The Consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr.