Brand Policy (T&C)

TERMS & CONDITIONS

1. Parties to the Agreement

JOS Sp. z o.o., a limited liability company incorporated under the laws of Poland and registered with the National Court Register (KRS) under number 0001216823, VAT ID PL7252363065, REGON 543710959, operating under the trade name Jo.S (hereinafter referred to as the "Seller" or the "Store"), is the owner and operator of the online store available at www.jos.com.pl (hereinafter the "Website").

The Website is an electronic commerce platform enabling the processing, storage, transmission, and receipt of data via telecommunications networks. The Seller offers clothing and related products presented on the Website (hereinafter the "Products") for online purchase.

By placing an order through the Website, the customer (hereinafter the "Buyer") confirms that they are at least 18 years of age or otherwise possess the legal capacity required under the applicable law to enter into a legally binding sales contract.

The Seller is the sole party responsible for the sale of Products offered through the Website.

These Terms & Conditions (hereinafter the "Terms") govern the purchase of Products through the Website, including the process of placing and accepting orders, payment, delivery, returns, refunds, and the respective rights and obligations of the Seller and the Buyer, including the Buyer's statutory rights in the event that a Product does not conform to the sales contract.

Products and Prices

The Products displayed on the Website constitute an invitation to enter into a sales contract and do not constitute a binding offer within the meaning of applicable civil law. By placing an order, the Buyer submits an offer to purchase the selected Product at the price and under the conditions displayed on the Website at the time the order is placed.

Information regarding product availability, stock levels and pricing is provided to the Buyer before the order is confirmed.

The Store's base currency is Polish Złoty (PLN). Depending on the Buyer's selected market and delivery country, Product prices may be displayed and charged in another supported currency, including but not limited to EUR, USD, GBP, and CHF.

Local prices and exchange rates are determined by the Seller through Shopify Markets and may take into account exchange rate fluctuations, local operating costs, logistics costs, and market-specific pricing strategies.

The currency applicable to the Buyer's order, together with the final purchase price, will always be confirmed before the order is placed.

The Seller reserves the right to modify Product prices, exchange rates, promotional campaigns, and discounts at any time. Such changes shall not affect orders that have already been accepted by the Seller.

2. Subject of the Agreement

The subject of each sales agreement concluded through the Website is the purchase of the Products offered by the Seller and displayed on the Website at the time the order is placed, provided that such Products are available when the Seller accepts the order.

Product descriptions, photographs, specifications, availability, and prices displayed on the Website constitute an invitation to enter into a contract and shall not be construed as a binding offer within the meaning of applicable civil law. By placing an order, the Buyer submits an offer to purchase the selected Product at the price and under the conditions specified on the Website.

Information regarding product availability, stock levels, and pricing is made available to the Buyer before the order is submitted and the Buyer becomes bound by the order.

Prices displayed in local currencies are determined by the Seller through Shopify Markets and may reflect exchange rate fluctuations, local operating costs, logistics costs, and market-specific pricing policies.

The applicable currency and the final purchase price will always be confirmed before the Buyer completes the order.

The Seller reserves the right to modify Product prices, exchange rates, promotional campaigns, discounts, and other commercial offers at any time. Such changes shall not affect orders that have already been accepted by the Seller.

3. Placing Orders

To place an order, the Buyer must select the Product(s), specify the desired quantity, choose an available payment method, provide the delivery address, and select an available delivery option offered at checkout.

The Seller reserves the right to impose purchase limits on selected Products. If the quantity of Products selected by the Buyer exceeds the applicable purchase limit, the Buyer will be informed before the order is confirmed. In such a case, the Buyer may modify or partially cancel the order to comply with the applicable limit.

The sales contract is concluded when the Seller confirms acceptance of the Buyer's order in accordance with Section 5 of these Terms.

After an order has been placed, the Seller will send an order confirmation to the email address and/or telephone number provided by the Buyer.

For Products manufactured or customised upon the Buyer's request, the final price will be communicated to the Buyer and accepted before production begins.

If a Product is unavailable, the Buyer may use the "Notify Me" feature or any similar functionality available on the Website to express interest in the Product. Such notification does not constitute an order and does not oblige the Seller to manufacture or restock the Product. A Product shall only be treated as made-to-order where it is produced according to the Buyer's individual specifications or personalised requirements.

4. Communication with the Buyer

When placing an order or requesting information about the availability or characteristics of a Product, the Buyer is required to provide a valid email address and, where requested, a telephone number.

The Seller processes the Buyer's personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and the Seller's Privacy Policy.

The Seller will communicate with the Buyer regarding the order, the performance of the sales contract, or any enquiry submitted by the Buyer using the email address and/or telephone number provided by the Buyer.

5. Order Confirmation

All orders placed through the Website are subject to acceptance by the Seller. The Seller will make reasonable efforts to confirm or reject an order within 24 hours of its receipt (excluding weekends and public holidays).

An order may be rejected or cancelled by the Seller if:

the Buyer has provided incomplete or incorrect contact or delivery information;
the ordered Product is unavailable;
the Buyer fails to provide information reasonably required to process the order;
the order exceeds any applicable purchase limits referred to in Section 3; or
there are other legitimate reasons preventing the Seller from fulfilling the order.

If an order cannot be accepted, the Buyer will be informed by email without undue delay and any payment received will be refunded using the original payment method.

A sales contract is concluded only when the Seller sends the Buyer an order confirmation by email.

If payment is not received within the required payment period, the Seller reserves the right to cancel the order.

If a Product becomes unavailable after the order has been placed, the Seller will inform the Buyer as soon as reasonably possible. The Buyer may choose either to wait until the Product becomes available or to cancel the order and receive a full refund.

6. Payment

The Buyer may pay for the Products using any payment method available during checkout on the Website.

Payments are processed by third-party payment service providers, including but not limited to Shopify Payments, Stripe, PayPal, Przelewy24, PayU, or other payment providers made available by the Seller.

When completing a payment, the Buyer may be redirected to the website or application of the selected payment provider and agrees to that provider's applicable terms and conditions.

Any fees charged by the Buyer's bank, card issuer or payment provider are the sole responsibility of the Buyer, unless expressly stated otherwise.

Order processing will begin once full payment has been successfully received and authorised.

Before completing the order, the Buyer will be informed of:

the total purchase price,
the selected currency,
delivery charges (if applicable),
and any additional costs known to the Seller at the time of purchase.

7. Order Processing Time

Unless otherwise stated on the Website, orders are dispatched within 3 business days from the later of:

the Seller's acceptance of the order; and
receipt of full payment.

Made-to-order, personalised or custom Products may require a longer processing time. Where applicable, the estimated dispatch time will be communicated individually before production begins.

If an order contains a Product that is temporarily unavailable, the Seller will inform the Buyer without undue delay. The Buyer may choose to wait until the Product becomes available, receive a partial shipment (where available), or cancel the unavailable item.

The Seller reserves the right to extend the processing time where circumstances beyond the Seller's reasonable control prevent timely fulfilment of the order, including but not limited to force majeure, strikes, supply chain disruptions, interruptions affecting transport or utilities, governmental restrictions, or other unforeseen events. In such cases, the Buyer will be informed as soon as reasonably possible.

8. Delivery

The Seller delivers Products within Poland and to selected international destinations specified on the Website. Cash-on-delivery (COD) shipments are not available.

The Seller reserves the right to limit delivery to selected countries or regions. Before placing an order, the Buyer may verify whether delivery is available to the intended destination through the Website. If such information is temporarily unavailable, the Buyer may contact the Seller at jos@jos.com.pl.

Domestic orders are delivered via:

InPost Parcel Lockers, or
Courier services.

International orders are shipped via FedEx, DHL, or DPD.

Shipping charges, if applicable, are borne by the Buyer and are displayed during checkout before the order is placed. Delivery costs may vary depending on the destination country, shipping method, order value, promotional offers, and any additional services selected by the Buyer.

Any request to change the delivery address or shipping method after the order has been dispatched may result in additional charges imposed by the carrier. Such charges shall be borne by the Buyer.

International orders are shipped under DAP (Delivered at Place) terms in accordance with the Incoterms® Rules.

Under DAP, the Buyer is solely responsible for the payment of any customs duties, import VAT, taxes, customs clearance charges, brokerage fees, and any other import-related charges imposed by the destination country.

The Seller has no control over such charges and is unable to estimate them prior to shipment.

If an international shipment is refused, abandoned, returned to the Seller, or cannot be delivered due to the Buyer's failure to pay customs duties, taxes or other import charges, the Seller reserves the right to deduct from any refund all shipping costs, return shipping costs, customs handling charges, storage fees, carrier fees, and any other expenses incurred as a result of such refusal or non-delivery.

Risk of loss or damage to the Products passes to the Buyer upon delivery of the shipment to the delivery address specified by the Buyer.

Upon receipt of the shipment, the Buyer should inspect both the packaging and the contents for any visible damage or discrepancies. Any shipping damage should be reported to the carrier and the Seller without undue delay.

The Seller is obliged to deliver Products free from defects.

If delivery cannot be completed due to circumstances beyond the Seller's reasonable control, including but not limited to restrictions affecting access to the delivery address, public events, road closures, force majeure, or other unforeseen events, the Seller may arrange an alternative delivery date with the Buyer or, where delivery is no longer possible, cancel the order and refund any payments received.

9. Right of Withdrawal

Where the Buyer is a consumer, or another person entitled to statutory consumer rights under applicable law, the Buyer has the right to withdraw from the sales contract within 14 days without providing any reason, subject to the exceptions set out below.

The withdrawal period expires 14 days after:

the day on which the Buyer, or a third party designated by the Buyer (other than the carrier), takes physical possession of the Product; or
in the case of multiple Products delivered separately, the day on which the last Product is received.

To exercise the right of withdrawal, the Buyer must notify the Seller of the decision to withdraw from the contract by means of an unequivocal statement sent by email or in writing before the withdrawal period expires.

Upon receiving a valid notice of withdrawal, the Seller will refund all payments received from the Buyer, including the standard cost of delivery (excluding any additional costs resulting from the Buyer's choice of a delivery method other than the least expensive standard delivery offered by the Seller), without undue delay and no later than 14 days after receiving the returned Product or satisfactory proof of its return.

Refunds will be made using the same payment method originally used by the Buyer, unless the Buyer expressly agrees otherwise.

The Buyer is responsible for returning the Product without undue delay. Returned Products must be complete, unused beyond what is necessary to establish their nature, characteristics, and functioning, and returned together with all accessories, original packaging, and accompanying materials.

Returns should be shipped using a trackable shipping service. The Seller is not responsible for returns that cannot be tracked.

For international orders, customs duties, import taxes, customs clearance charges, and any other fees imposed by the destination country are non-refundable.

The right of withdrawal does not apply to Products made to the Buyer's individual specifications or clearly personalised, nor to any other Products excluded from the statutory right of withdrawal under applicable law.

10. Defective Products, Statutory Rights and Warranty

The Seller is responsible for ensuring that all Products conform to the sales contract and comply with the applicable statutory requirements.

If the Buyer believes that a Product is defective or does not conform to the contract, the Buyer may submit a complaint under the applicable statutory consumer protection laws or, where applicable, under the terms of a commercial warranty.

Where a Product is covered by a manufacturer's or supplier's commercial warranty, the warranty shall be governed exclusively by the terms and conditions provided by the guarantor. The existence of a commercial warranty does not affect the Buyer's statutory rights.

To enable the Seller to process a complaint efficiently, the Buyer should provide:

full name and contact details;
order number;
description of the defect or non-conformity;
photographs illustrating the defect, where possible;
the preferred resolution (repair, replacement, price reduction, or refund).

The Seller may request additional information where reasonably necessary to assess the complaint.

Complaints submitted under the Buyer's statutory rights will be reviewed without undue delay and, where required by applicable law, no later than 14 days after receipt of the complaint.

Where inspection of the Product is necessary, the Buyer may be asked to return the Product to:

JOS Sp. z o.o.
Jo.S
Sarmacka 10A/1
02-972 Warsaw
Poland

Returned Products should be sent using a trackable courier service. The Seller is not responsible for Products lost or damaged during return shipment where the Buyer has chosen a shipping method that does not provide tracking.

Nothing in these Terms limits or excludes any mandatory consumer rights granted under applicable law.

11. Privacy and Personal Data

The controller of the Buyer's personal data is JOS Sp. z o.o.

Personal data is processed solely for the purposes of:

processing and fulfilling orders;
communicating with the Buyer;
complying with legal and tax obligations;
handling returns, complaints and customer support;
where the Buyer has given consent, sending marketing communications.

Personal data is processed in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and other applicable data protection legislation.

The Seller may share personal data only with trusted third parties where necessary for the performance of the contract or compliance with legal obligations, including payment providers, courier companies, IT service providers, accountants, legal advisers and public authorities where required by law.

The Buyer has the right to:

access their personal data;
rectify inaccurate data;
request erasure of personal data where legally permitted;
request restriction of processing;
object to processing where applicable;
request data portability;
withdraw consent at any time where processing is based on consent.

Withdrawal of consent does not affect the lawfulness of processing carried out before such withdrawal.

The Buyer also has the right to lodge a complaint with the competent data protection supervisory authority.

Detailed information regarding the processing of personal data is available in the Seller's Privacy Policy published on the Website.

Where the Buyer has expressly consented, the Seller may send marketing communications by email or other electronic means and may use telecommunications devices for direct marketing purposes in accordance with applicable law.

12. Final Provisions

The Seller reserves the right to amend these Terms at any time for valid reasons, including, but not limited to:

changes in applicable laws or regulations;
changes to the Seller's business activities or organisational structure;
the introduction of new technologies or services;
technical or operational changes affecting the Website;
force majeure or other circumstances beyond the Seller's reasonable control.

Any amendments to these Terms shall become effective upon publication on the Website and shall not affect orders accepted by the Seller before the effective date of such amendments.

The version of these Terms applicable to a particular order shall be the version published on the Website at the time the sales contract is concluded.

Nothing in these Terms excludes or limits any mandatory consumer rights granted under applicable law.

All content available on the Website, including but not limited to photographs, graphics, logos, trademarks, product names, designs, texts, videos and other materials, is protected by copyright, trademark and other intellectual property rights. No part of the Website may be copied, reproduced, distributed, modified or otherwise used without the Seller's prior written consent.

The Seller does not offer Products on a trial basis and does not enter into sale-on-approval, testing or similar agreements unless expressly agreed in writing.

To the extent not governed by these Terms, the applicable provisions of Polish law shall apply.

If the Buyer is a consumer habitually residing outside Poland, nothing in these Terms shall deprive the Buyer of any mandatory consumer protection rights granted under the laws of the Buyer's country of residence.

Any disputes arising out of or in connection with these Terms shall be submitted to the competent courts in accordance with the applicable laws.

The Seller reserves the right to modify, suspend or discontinue any aspect of the Website at any time, including Products, prices, descriptions, availability, functionality, promotional offers and other content. Such changes shall not affect contracts concluded before their publication.

The Website uses cookies and similar technologies to improve the user experience, remember user preferences, determine the appropriate market and currency through Shopify Markets, and display local pricing. Detailed information regarding cookies and the processing of personal data is available in the Seller's Privacy Policy and Cookie Policy.

If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.

These Terms shall be governed by and construed in accordance with the laws of the Republic of Poland.