§ 1 Definitions
- Shop – an online shop available at www.joliconceptstore.com, through which the Buyer may purchase Products and Services available in the Shop.
- Seller – Leeloo Sp. z o.o. Szczęsna 26, 02-454 Warsaw, KRS: 0000911144, NIP: 5223206899.
- Regulations of the Online Shop – these regulations define the rules of using the online shop.
- Privacy Policy – a document describing the purposes and methods of data processing, as well as the rights of data subjects.
- Consumer – an adult natural person with full legal capacity, making a purchase to the Seller not directly related to their business or professional activity.
- Customer – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality, but possessing the capacity to engage in legal transactions, who makes a purchase to a Seller directly related to their business or profession.
- Customer-Consumer – an adult natural person making a purchase from the Seller directly related to their business activity, when the purchase is not of a professional nature for that person, resulting in particular from the subject of business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
- Buyer – all the Customer, Customer-Consumer and Consumer.
- Personal data administrator – the entity deciding on the purposes and means of data processing. The administrator of Buyers' personal data is the Seller.
- Order – a declaration of will made by the Buyer aiming directly at concluding a contract with the Seller by completing and sending the purchase form in electronic form available on the Shop's website, including reading the Regulations of the Online Shop and accepting its content.
- Goods – all physical products available in the Shop, such as blouses, dresses or jackets.
- Warranty – the procedure for pursuing liability from the Seller in connection with a revealed physical defect (non-compliance with the contract) or legal defect of the purchased Product.
- Guarantee – a voluntary declaration regarding the quality of the Goods made by the Guarantor. It indicates the Guarantor's obligations and the Buyer's rights in the event that the goods sold do not have the properties specified in the warranty statement.
- Guarantor – an entrepreneur who has submitted a warranty statement, e.g. a manufacturer, importer, distributor of the Goods or the Seller.
- Account – one of the services provided electronically in the Shop by the Seller. The Buyer may voluntarily register in the Shop, in particular in order to continue using the Shop's services, saving Products to favourites or viewing the history of Orders carried out in the Shop.
- Newsletter – one of the services provided electronically in the Shop by the Seller, consisting in sending marketing information electronically to the e-mail address provided by the Buyer, with their prior consent.
§ 2 General terms
- The prices provided by the Seller are expressed in Polish zloty (PLN) and are gross prices.
- The seller is a VAT payer.
- The seller issues VAT invoices.
- The Seller undertakes to deliver Products and Services free from defects.
- The Buyer is obliged to use the Goods offered by the Seller in a manner consistent with the regulations in force in the territory of the Republic of Poland, in accordance with the provisions of the Regulations, and not to provide content prohibited by generally applicable law.
- All Goods offered by the Seller in the Shop are new.
- The Buyer is obliged to read the technical requirements necessary to use the Services, contained in the further part of the Regulations (Technical Requirements).
§ 3 Payment methods
- The Seller provides the following payment methods:
a) Traditional transfer to the Seller's account no.: 21 1140 2004 0000 3402 8158 3611 within 5 calendar days from the date of placing the Order;
b) Online payments - are made via external payment services: Przelewy24, owned by PayPro S.A. and Paynow, whose supplier is mBank S.A.
§ 4 Conclusion of a sales contract
- To order a Product via the Shop, go to the Shop's website www.joliconceptstore.com, and then select the Goods, following the information displayed on the Shop's website. www.joliconceptstore.com, a następnie wybrać Towar, postępując zgodnie z informacjami wyświetlanymi na stronie Sklepu.
- In order to place an Order, it is necessary for the Buyer to perform the following actions: adding the Goods to the shopping cart, filling in the order form with such data as the name and surname or name of the Buyer, providing an e-mail address to which confirmation of the conclusion of the sales contract will be sent, indicating data issuing a bill or invoice, if the Buyer wants to receive it, including providing other data for settlement, such as NIP, name of the entity to which the invoice or bill is to be issued, selection of the payment method, acceptance of the Shop's regulations, confirmation of the will to conclude a contract, including selecting the button "I order with the obligation to pay" or with equivalent content.
- After the Buyer provides all the data necessary to place an Order, a summary of the Order will be displayed.
- The order sent by the Buyer is a declaration of the Buyer's will to conclude a sales contract with the Seller, in accordance with the provisions of these Regulations.
- After placing the Order, the Buyer will receive a message confirming the Order, which is the Seller's declaration of will to conclude a sales contract with the Buyer covering the Goods. The sales contract is considered concluded when the Buyer receives a message from the Seller.
§ 5 Order completion date and delivery of Goods
- The Seller executes Orders from 1 to 5 business days, counting from the next day on which the Seller receives the payment.
- The delivery time of the Goods, which depends on the method of delivery chosen by the Buyer, is not included in the Order completion date.
- The costs of delivery of the Goods are communicated to the Buyer before sending the Order.
- The cost of delivery is related to the choice of the delivery method by the Buyer.
- The buyer has several delivery options to choose from, including:
a) InPost parcel lockers - PLN 15, delivery time up to 2 working days;
b) InPost courier - PLN 16, delivery time up to 2 business days.
§ 6 Right of withdrawal
- The Consumer and the Customer-Consumer have the right to withdraw from a distance contract without giving a reason and without incurring costs.
- Exceptions to withdrawal from the contract are indicated in the further part of the Regulations, i.e. Exceptions to withdrawal from the contract.
- The deadline for withdrawing from a distance contract is 14 days from the moment the Consumer or Customer-Consumer takes possession of the Goods.
- To meet the deadline for withdrawal from the contract, it is enough to send a statement of withdrawal to the Seller before its expiry.
- A statement of withdrawal from the contract should be sent to the Seller's e-mail address: hello@joliconceptstore.com.
- The Consumer or Customer-Consumer may use the model withdrawal form provided by the Seller or use annex 2 to the Act of 30 May 2014 on consumer rights.
- The Consumer or Customer-Consumer may also draw up a letter of withdrawal from the contract by hand, with the following being considered necessary:
a) Identification and address data of the Consumer;
b) Name or symbol of the returned Goods;
c) The date of receipt of the Goods by the Consumer;
d) Bank account number or other method of reimbursement of the cost of the Goods by the Seller.
- The Seller shall immediately send the Consumer or Customer-Consumer a confirmation of receipt of the declaration of withdrawal from the contract.
- If the Consumer or the Customer-Consumer sends a declaration of withdrawal from the contract by traditional means, the date of sending the correspondence counts for the 14-day withdrawal period. In the event of withdrawal from the contract, the contract is considered void.
§ 7 Exceptions to withdrawal from the contract
- Pursuant to Article 38 of the Act of 30 May 2014 on consumer rights, the Consumer or Customer-Consumer is not entitled to withdraw from the contract:
a) For the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur, they will lose the right to withdraw from the contract;
b) In which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
c) In which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy their individual needs;
d) In which the subject of the service is an item that deteriorates quickly or has a short shelf life;
e) In which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
f) In which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
g) In which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control;
h) In which the Consumer explicitly demanded that the entrepreneur come to them for urgent repair or maintenance;
i) If the entrepreneur provides additional services other than those requested by the Consumer, or supplies items other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the contract in relation to additional services or items;
j) In which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
k) For the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
l) Concluded by public auction;
m) For the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
n) For the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing them by the entrepreneur about the loss of the right to withdraw from the contract.
§ 8 Refund and return of the Goods
- The Seller will return the funds paid by the Consumer or Customer-Consumer within 14 days of receipt of the Consumer's or Customer-Consumer's statement of withdrawal from the contract, using the same method of payment as used by the Consumer or Customer-Consumer, unless the Consumer or Customer-Consumer The Customer-Consumer agrees to a different method of refund.
- The Seller may withhold the return of funds received from the Consumer or Customer-Consumer until receipt of the goods from the Consumer or Customer-Consumer or until they provide proof of sending back the Goods.
- The Consumer or Customer-Consumer should return the Goods immediately, but not later than within 14 days from the date of withdrawal from the contract. Returns should be sent to the following address: Stryjeńskich 15B/81, 02-791 Warsaw.
- The Consumer or Customer-Consumer shall be liable for the decrease 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 Good.
§ 9 Reimbursement of delivery costs
- The Consumer or Customer-Consumer does not bear the cost of return, except for the usual costs of returning the Goods to the Seller.
- The usual costs of return, which are borne by the Consumer or Customer-Consumer, are in particular the cost of packaging for shipping and fees for sending the parcel to the Seller.
- The Seller returns to the Consumer or Customer-Consumer the cost of delivery of the Goods calculated as the cheapest usual method of delivery available in the Seller's offer.
- The Seller will not be obliged to reimburse the cost of delivery of the Goods to the Consumer or Customer-Consumer in a situation where:
a) The Seller delivered the Goods in the form of free delivery, e.g. after exceeding the order value set by the Seller or as part of another promotional campaign conducted by the Seller;
b) The Consumer or Customer-Consumer returns some of the ordered Goods, and the delivery costs were not calculated per piece, but from the entire order.
§ 10 Complaints rules based on warranty
- The Consumer or Customer-Consumer has the right to submit a complaint under the warranty within 2 years from the date of delivery of the Goods in connection with the revealed physical defect (non-compliance with the contract) or legal defect.
- The Consumer or the Customer-Consumer may submit a warranty claim to the Seller within one year from the date of noticing the defect.
- Any complaints of the Buyers should be sent in writing or to the Seller's e-mail address.
- The Seller will consider the complaint within 14 days from the date of its receipt, sending a reply to the e-mail address or correspondence address indicated by the Consumer or Customer-Consumer.
- The complaint should contain at least: name and surname, address, postal code, name of the purchased Product, description of the complaint, date of revealing the defect of the Product, confirmation of purchase from the Seller (depending on the circumstances, one of the following can be presented: proof of purchase, order number, payment confirmation, e-mail confirming the acceptance of the order by the Seller, etc.).
- The Seller will consider the complaint immediately, no later than within 14 days from the date of its receipt, by sending a response to the address indicated by the Consumer or Customer-Consumer (including e-mail address).
- The Seller returns to the Consumer or the Customer-Consumer the cost of sending back the Goods under complaint, immediately after a positive consideration of the complaint under the warranty.
§ 11 Guarantee
- Some Goods may be covered by a guarantee provided by the Guarantor (manufacturer or distributor of the Goods).
- If a given Good is covered by a guarantee, a guarantee document is attached to it by the manufacturer or distributor.
- The warranty period and the scope of the Guarantor's liability are specified in the warranty statement and the description of the Good or Product.
- The rights granted under the guarantee are independent of the rights indicated in the warranty.
§ 12 Personal data protection
- The administrator of personal data provided when using the Shop is the Seller.
- The principles of data processing and Buyers' rights in connection with the General Data Protection Regulation (GDPR) are included in the Privacy Policy.
- The purposes and scope of data processing, entities to which the data will be transferred, as well as the rights of data subjects are described in the Privacy Policy.
- The privacy policy regulates the rules of data processing related to e.g.:
a) Submission and execution of Orders in the Shop;
b) Setting up an Account in the Shop;
c) Subscribing the Buyer to the newsletter;
d) Evaluation of the Shop, Product or Goods;
e) Contacting the Buyer with the Seller using the contact form, as well as by phone or e-mail to the Seller's direct addresses provided on the Shop's website.
§ 13 Technical requirements necessary to use the Shop as well as Products and Services
- To use the Shop, it is necessary for the Buyer to have:
a) Devices with Internet access (computer, tablet, telephone);
b) A properly configured web browser that supports cookies - Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome (recommended Mozilla Firefox minimum version 24.0, Opera version 10 or higher, Google Chrome version 28.0 or newer or MS Internet Explorer version minimum 8.0 or later), which provides support for cookies and Javascript. It is acceptable to use other versions of web browsers, if they ensure full compatibility with the versions listed above;
c) An active and properly configured e-mail account, enabling the Buyer to receive e-mails.
- The Buyer is obliged to use the Goods offered by the Seller in a manner consistent with the provisions in force in the territory of the Republic of Poland, the provisions of the Regulations of the Online Store, as well as not to provide content prohibited by generally applicable law.
a) Up-to-date anti-virus system;
b) An effective firewall;
c) Installed available updates of the operating system and web browser that relate to security;
d) Activated function of accepting cookies and JavaScript in the web browser;
e) Software for reading files in the .PDF/.DOC/.XLS format.
- The Seller is not responsible for the Buyer's failure to comply with the above technical requirements necessary for cooperation with the ICT system he uses. In particular, it concerns cases when the Buyer has incorrectly configured or has not configured the e-mail account at all and for this reason e-mails from the Buyer to the Seller or from the Seller to the Buyer do not reach.
- The Seller is not responsible for the Buyer's failure to comply with the above technical requirements necessary for cooperation with the ICT system he uses. In particular, it concerns cases when the Buyer has incorrectly configured or has not configured the e-mail account at all and for this reason e-mails from the Buyer to the Seller or from the Seller to the Buyer do not reach.
§ 14 Registration in the Shop and setting up an Account
- When placing an Order, the Buyer may register in the Shop.
- Creating an Account is voluntary.
- The account allows you to view the history of Orders, save products to favourites, and accelerates placing Orders in the future by automatically saving the Buyer's data on the Order form.
- When registering an Account, the Buyer provides their identification and address data, as well as an e-mail address and creates their own password.
- The Buyer is obliged not to disclose login details to the Shop Account to third parties.
- The Buyer who has registered terminates the contract for the provision of electronic services by independently removing the Account, consisting in submitting an instruction to delete it or submitting a request to delete the Seller's Account, however, in the event of a request to delete the Seller's Account, the contract is terminated after the expiry of the notice period of 7 days.
- The Seller, wishing to terminate the contract for the provision of electronic services regarding the Account, will inform the Buyer to the e-mail address provided by them during registration, within 14 days before the planned date of deleting the Buyer's Account.
§ 15 Newsletter
- During the execution of the Order, and independently of it, the Buyer may subscribe to the Seller's Newsletter.
- The newsletter consists in sending marketing information by the Seller by e-mail to the e-mail address provided by the Buyer, with their prior consent.
- In order to effectively subscribe to the Newsletter, the Buyer is obliged to provide the correct e-mail address to which the information is to be sent and to confirm the subscription.
- Subscription confirmation takes place after signing up. It consists in confirming the subscription by the Buyer by logging into the mailbox of the e-mail address provided and clicking on the activation link included in the confirmation message.
- The Buyer may withdraw the consent at any time using the option to unsubscribe which is available in every marketing message sent by the Seller.
- The Buyer may also contact the Seller directly to withdraw consent to receive the newsletter at any time, without affecting the compliance of the processing before withdrawing consent.
§ 16 Contact form
- The Seller enables the Buyer to send an inquiry by the Buyer to the Seller using a dedicated form on the Shop's website.
- The Buyer's use of the Form is voluntary.
- In addition to the form, the Seller also provides the Buyer with an e-mail address on the Shop's website, to which the Buyer can contact the Seller.
- The purposes and scope of data processing, entities to which the data will be transferred, as well as the rights of data subjects are described in the Privacy Policy.
§ 17 Copyrights
- Exclusive rights to the content made available as part of the Shop, in particular copyrights to photos, names, trademarks of the Shop, including their graphic elements, software and rights in the field of databases are subject to legal protection and are vested in the Seller or third parties, with whom the Seller has concluded relevant agreements.
- It is forbidden to copy or use any other elements of the Shop without the consent of the Seller.
- In the event of infringement of copyrights to photos, names, trademarks of the Shop, including their graphic elements, software and database rights, the person who committed the infringement (including the Buyer) is liable for this provided for in the provisions on copyright or in the provisions on intellectual property.
- Each disclosed case of infringement of proprietary copyrights or rights on intangible assets for which the Seller is the sole administrator and authorised shall authorise the Seller to impose a contractual penalty of PLN 5,000 on the individual infringer.
§ 18 ODR platform
- The ODR (Online Dispute Resolution - ODR) platform is an interactive website for Consumers and Sellers wishing to resolve a dispute out of court.
- The ODR platform is available here .
- Through the ODR platform, a consumer living in the EU, Norway, Iceland, Liechtenstein may submit a complaint regarding goods or services purchased via the Internet from the Seller based in the EU, Norway, Iceland, Liechtenstein.
- Filing a complaint is done by filling out an electronic form and finding the appropriate entity that will deal with the resolution of the dispute.
- All institutions listed on the platform have been verified, which guarantees that they comply with the relevant regulations and are registered by national authorities. In the territory of the Republic of Poland, this authority is the Office of Competition and Consumer Protection (UOKiK).
§ 19 Final provisions
- In matters not covered by these Regulations of the Online Shop, the relevant generally applicable provisions of Polish law, in particular the Civil Code, shall apply.
- The competent court for dealing with disputes arising from the sales contract is the court competent for the seat of the defendant. The consumer also has the right to bring an action under the provisions on alternating jurisdiction.
- The place of performance is in particular the designated place to which the Seller is obliged to send the Goods to the Buyer in accordance with the contract.
- The consumer also has the right to submit the dispute to an entity authorised to out-of-court resolution of consumer disputes in accordance with the Act on out-of-court resolution of consumer disputes (Journal of Laws 2016.1823 of 2016.11.09) without prejudice to the possibility of bringing an action before a common court.
- Buyers can access the Regulations of the Online Shop free of charge at any time on the Shop's website and print it out.
- These Regulations of the Online Shop come into force on the day of its publication on the Seller's website.
- The Seller reserves the right to change these Regulations.
- The new or amended Regulations come into force 14 days after publication on the Seller's website.