Shop Policy (T&C)

POLICY OF E-SALE

1. Parties to the transaction

1. Jo.S Joanna Iwan, running a business under the name of Jo.S (hereinafter: " Store "), is the owner of an online store, available at the URL: jos.com.pl (hereinafter: " Website "), which is an ICT system within the meaning of the Act on the provision of electronic services of July 18, 2002, ensuring processing and storage, as well as sending and receiving data via telecommunications networks. The Store conducts mail order sales of clothing items indicated in the Store's offer on the Website (hereinafter: " Goods ").
2. Natural persons, including sole proprietorships, who make purchases via the Website (hereinafter: " Buyers ") declare that they are of legal age and have full legal capacity necessary to conclude a sales contract via the Website.
3. The party selling the Goods via the Online Store is the Store.
4. These regulations (hereinafter: " Regulations ") define the rules for purchasing Goods and placing orders via the Website , the rules for accepting and implementing (delivering) the ordered Goods and the related costs, regulations related to the return of the Goods and the rights and obligations of the parties to the concluded sales contract, including rights and obligations resulting from possible non-compliance of the Goods with the contract.

2. Subject of the transaction

1. The subject of sales contracts concluded by placing an order via the Website are the Goods indicated in the Store's commercial offer, appearing on the Website at the time of placing the order, provided that they are available at the time the order is accepted by the Store. Descriptions of Goods together with prices constitute an invitation to conclude a contract, they cannot be read as an offer within the meaning of the provisions of the Civil Code. When placing an order, the Buyer submits an offer to buy the indicated Goods at the price and with the characteristics specified in the description of the Goods on the Website.
2. Up-to-date information on the availability and stock in relation to specific Goods, as well as their prices, are made available to the Buyer at the latest at the time of expressing the will to be bound by the contract. The prices posted on the Website are not fixed and may be subject to change at the Store's decision, about which the Store will inform by posting the new price.
3. The prices of all Goods available on the Website are expressed in Polish zlotys.
4. The Store reserves the right to change the prices of the Goods, organize and cancel promotional campaigns and sales on the Website. The above authorization of the Store will not affect the rights of the Buyers, including the terms of orders placed before the effective date of such changes.

3. Placing orders

1. When placing an order on the Website, the Buyer should select the type and quantity of Goods, payment method, date and time of delivery, and indicate the place of delivery of the Goods.
2. An order for some or all of the Goods may be subject to a limit of the number of pieces of Goods within one order. In the event, as described in the above sentence, when the number of selected Goods exceeds the acceptable limit when completing the order on the Website, the Buyer will be informed about it, at the latest when the order is confirmed by the Store. In this case, the Buyer may cancel the order or resign from part of it, while allowing the Store to perform a partial order, not exceeding the indicated limit.
3. The sales contract is concluded at the moment of confirmation by the Store of accepting the order for execution, in the manner described in detail in 5 of these Regulations.
4. The Seller sends an order confirmation to the e-mail address and / or the telephone number provided by the Buyer.
5. In the case of Goods manufactured for individual orders of the Buyer, the price of the Goods will be given to the Buyer before the Store commences the performance of the Goods.
6. In the absence of certain Goods on the Website (unavailability, other reason), the Buyer may place an order via the " I want to have it " or other similar link indicated on the Website. The orders referred to above do not automatically determine their production for the individual order of the Buyer. An order is considered to be made for an individual order if it has the features indicated by a specific Buyer.

 4. The method of contact with the Buyer

 

At the latest at the time of providing their personal data when placing an order or in order to obtain information on the availability or characteristics of the Goods in the Store's commercial offer, the Buyer provides his e-mail address in order to enable the Store to fulfill the information obligation resulting from the Regulation of the European Parliament and of the Council ( EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection, hereinafter: " GDPR ") as well as your phone number. The Store contacts the Buyer in connection with the concluded contract or in connection with the inquiry sent via the e-mail address and / or telephone number provided by the Buyer.

5. Confirmation of orders

 

1. Each order placed by the Buyer in the Store must be confirmed by the Store within 24 hours of receiving the order. Confirmation of the order by the Store is tantamount to concluding a sales contract between the Buyer and the Store.
2. An order not confirmed by the Store may be canceled by the Store if it is not possible to confirm the implementation due to the Buyer's failure to provide the necessary contact details or address for delivery of the ordered Goods, in the absence of the availability of the Goods selected by the Buyer or the Buyer's lack of response to the Store's questions regarding the order, necessary for its implementation (important reason), in particular issues related to the order limit referred to in paragraph 3 2 of the Regulations. Cancellation of the order in the form of a message will be sent by e-mail within 7 working days from the date of placing the order, indicating the important reasons for the cancellation of the order.
3. A sales contract or any other civil law contract is not concluded between the parties until the receipt of the Buyer's order is confirmed and confirmed by the Store.
4. Subject to point 2 above, upon confirmation of the order, a contract for the sale of goods is concluded between the Buyer and the Store, however, the Store may withdraw from the contract after the ineffective expiry of an additional 14-day period, assigned to the Buyer who is a consumer, as a result of the latter's committing delay in performance of the obligation due to failure to pay the due remuneration. In the event of the unavailability of the Goods purchased by the Buyer, the Store will immediately inform the Buyer about the circumstances, leaving him the choice between demanding the performance of the sales contract, taking into account the delay, and withdrawing from the contract and recovering the amount paid.

6. Payment methods

1. Payment for the ordered Goods may be made in the manner indicated on the website, within 24 hours of placing the order:
   1. by traditional transfer before the delivery of the Goods,
   2. by quick transfer before delivery of the Goods
2. To make payments in this form, the Store may use external payment service providers (PayU, Przelewy24, DotPay, etc.). Consequently, in order to make a payment, the Buyer may be redirected to the website of a specific payment service provider. Before making the payment, the Buyer declares that he has read the terms and conditions of the provision of services by the payment provider and the content of the consents requested by him.
3. Commissions of external service providers for the use by the Buyer of selected payment methods are covered by the Store. This does not apply to fees and commissions that may be charged by a specific bank through which the Buyer purchases the Goods on the Website.
4. The payment information is sent to the Buyer by e-mail when placing the order, to the e-mail address provided by the Buyer.
5. The order processing begins immediately after the amount due is credited to the Store's account.
6. Immediately before placing the order, the Store will provide the Buyer with information about the total price of the Goods and about any additional fees, if such are to be incurred by the Buyer (transport, any other additional services).

7. Completion date

1. The delivery time is the time counted from the confirmation of the order by the Store (but not earlier than from the date of receipt of full payment for the ordered Goods) to the moment of sending the order to the Buyer, while calculating the order fulfillment time only business days are taken into account and it is not more than 5 working days. In the event of a deviation or delay, the customer will be informed immediately.
2. In the event of placing an order which includes the Goods unavailable, the Store will inform the Buyer about it, in accordance with the provisions of the Regulations. In this case, the order processing time is suspended until the Buyer makes a decision to wait for the availability of the missing Goods in order to complete the entire order or complete the order with the exception of the missing Goods.
3. The Store reserves the right to extend the order fulfillment time in situations beyond the Store's control (in particular, force majeure, strike, media outage or the enactment of regulations that significantly hinder or prevent the delivery of Goods in a manner adopted by the Store or otherwise. make it difficult or impossible to operate in the current form) is unable to complete the contract on time. In this case, the Buyer will be informed of this fact without undue delay, via e-mail or by telephone.

8. Delivery of the Goods

1. The ordered Goods are delivered on the territory of the Republic of Poland and abroad, with the exception of cash on delivery.
2. The Store reserves the right to limit the delivery of the Goods outside the country only to specific areas indicated on the Website. Before placing the Order, the Buyer may check whether the area of ​​interest is included in the delivery of the Goods via the Website, and in the absence of such a module on the Website or its temporary unavailability, the Buyer may submit a question in this regard to the Store, which should answer without delay.
3. The delivery of the Goods is carried out via:
   1. inPost - parcel lockers,
   2. Couriers.
4. The costs related to the delivery of the ordered Goods shall be borne by the Buyer, in particular to the extent to which the fees for the delivery of the parcel by inPost or Couriers are concerned.
5. The cost of delivery of the Goods depends on the selected delivery method (if the Store currently offers a greater number of delivery methods available), the gross value of the order (excluding delivery costs and taking into account any discounts, if such discounts are offered by the Store within a specified time) and the date and range. timely delivery.
6. The fees for delivering the shipment containing the ordered Goods are provided to the Buyer immediately before placing the order.
7. Any change in the terms of delivery (in relation to the originally agreed), made by the Buyer after the goods have been shipped from the Store's warehouse, consisting in a change of place or date of delivery, may involve additional costs that will be borne solely by the Buyer. Additional delivery costs should be justified, including by decision of the company delivering the Goods.
8. The receipt of the order from the company delivering the Goods should be confirmed by a written receipt. Upon receipt of the parcel, the Buyer shall be entitled to the ownership of the Goods and all risks related to its possession and use, in particular the risk of loss or damage to the Goods.
9. When collecting the Goods, the Buyer should check that the shipment is not damaged during transport and that its contents comply with the order.
10. By placing an order, the Buyer undertakes that he or a person authorized by him will be present at the delivery address at the time and time interval chosen by the Buyer when placing the order (does not apply to shipments made via inPost). The store makes every effort to ensure that the delivery of the order is carried out on the date and time interval selected by the Buyer. It is not possible to reserve the exact time of delivery of the order.
11. In the event of non-delivery of the order due to the Buyer's absence at the date and time slot selected by him when placing the order at the delivery address, the order will be canceled and the amount paid by the Buyer for the order will be refunded to the bank account from which the payment was made.
12. The Store is obliged to deliver the Goods without defects.
13. In the event that the delivery of the ordered Goods will not be possible due to the inability to travel to the address indicated due to obstacles for which the Store is not responsible, such as, for example, a sports event taking place near the delivery address or traffic ban on the access road to the delivery address, valid during the order fulfillment hours indicated by the Buyer, or transferred to the Buyer by the Store, the order will be canceled and the amount paid by the Buyer will be returned to the bank account from which the payment was made. In the situation described above, the Store also has the right to contact the Buyer to agree a different delivery date for the Goods, if, taking into account the facts, it is possible.

9. The right to withdraw from the contract

 

1. If the Buyer is a consumer or an entity referred to in sec. 2 below, he has the right to withdraw from the sales contract concluded with the Store within 14 days, without giving any reason, subject to the provisions of paragraph 8 below.
2. Pursuant to Art. 38a of the Act of 30 May 2014 on consumer rights (hereinafter: " PKU "), the provisions regarding the consumer, contained in Chapter 4 of the PKU (regarding the right to withdraw from the contract in certain cases), apply to a natural person concluding a contract directly related to its economic activity, when the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
3. Pursuant to PKU, the Buyer who is a consumer within the meaning of Art. 22 [1] of the Civil Code, as well as an entrepreneur who concludes a contract of a non-professional nature (hereinafter jointly as: " Entitled person"), has the right to withdraw from the concluded sales contract concluded remotely or outside the Store's premises, without giving a reason and without incurring costs, with the exception of the costs specified in 33 , art. 34 sec. 2 and art. 35 PKU, within 14 days from the date:
4. taking the Goods into possession by the Authorized Person or a third party designated by him other than the carrier - in the case of a contract in the performance of which the Store issues the item, being obliged to transfer its ownership, unless the contract covers many things that are delivered separately, in batches or in parts - from taking possession of the last item, batch or part, or when the contract involves regular delivery of the item for a specified period of time - from taking possession of the first item;
5. conclusion of the contract - for other contracts.
6. In order to exercise the right to withdraw from the sales contract concluded with the Store, the Beneficiary is obliged to inform the Store about his decision to withdraw from the contract by submitting an unambiguous statement (a letter sent by post or e-mail before the 14-day period).
7. In the event of withdrawal from the contract, the Store will return to the Beneficiary all received payments, including the costs of delivering the Goods (except for additional costs resulting from the delivery method chosen by the Authorized Person, other than the cheapest standard delivery method offered by the Store). Notwithstanding the foregoing, the Store has the right to withhold the reimbursement until receipt of the Goods.
8. The Store will refund the payment using the same payment methods that the Beneficiary used to pay for the returned Goods. An exception to the above may be a situation when the Beneficiary agrees to a different method of reimbursement.
9. The goods returned in connection with the withdrawal from the contract must be complete (with accessories, packaging and any accessories constituting its integral part). The entitled person is responsible for reducing the value of the returned Good resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Good.
10. The right to withdraw from the contract is not entitled to the Beneficiary in the cases specified in art. 38 points 1 - 13 PKU. This applies primarily to contracts for the sale of Goods, the subject of which is a non-prefabricated item, manufactured according to the specification of the Authorized Person or serving to satisfy his individual needs. In the case of ordering through the Store goods covered by the exclusions indicated in the PKU, the right of withdrawal does not apply to the Beneficiary.

 

 10. Purchaser's rights under the warranty and guarantee

1. In the event of defects in the Goods, the Purchaser may submit a claim under the warranty or guarantee.
2. The Store is responsible under the warranty for the quality of the Goods offered and considers complaints on the basis of the applicable provisions on the warranty resulting from the Civil Code.
3. In the case of Goods covered by the guarantee, the Store issues to the Buyer, together with the Goods, a guarantee declaration recorded on paper or another durable medium (guarantee document), which was received from the guarantor.
4. If the Buyer submits a complaint under the warranty, the complaint is considered by the guarantor in accordance with the conditions set out in the warranty statement.
5. The Buyer is obliged to provide data in the complaint that will enable the Store to identify the order, the Buyer who ordered it and the date of the order. For this purpose, the Buyer should provide the Store with the following data in order to properly consider the complaint:
   1. Buyer's data, including e-mail address or correspondence address, enabling the Store to communicate with the Buyer in order to respond to the complaint,
   2. order number,
   3. description of the defect of the Goods,
   4. indication of whether the complaint is to be considered on the basis of a warranty or guarantee (if applicable),
   5. indication of the desired method of settling the complaint (repair, replacement, price reduction, cashback).
6. If the complaint has been submitted by the Buyer under the warranty, the deadline for considering the complaint results from the terms of the warranty statement.
7. The Buyer will be notified of the result of the complaint submitted under the warranty immediately, and in the event that the person submitting the complaint is the Eligible (consumer or entrepreneur who concludes a contract of a non-professional nature) - no later than within the statutory period of 14 days from the date of receipt of the complaint. The above deadline may differ if, in relation to specific products or due to special circumstances, the time for considering the complaint, resulting from mandatory provisions of law, is shorter.
8. The store is not obliged and does not consent to out-of-court settlement of disputes with consumers in the manner provided for in the Act of 23 September 2016 on out-of-court settlement of consumer disputes. If, as a result of a complaint lodged by the Buyer who is a consumer, the dispute between the Store and the Buyer has not been resolved, the Store shall provide the Buyer who is a consumer, on paper or other durable medium, a declaration of refusal to participate in the out-of-court settlement of consumer disputes.

11. Protection of personal data

1. The administrator of the data processed in order to fulfill the order is Jo.S Joanna Iwan (hereinafter: " Store ").
2. Establishing contact with the Store in order to take action at the request of the data subject before concluding the contract is tantamount to consenting to the processing of personal data for the purpose of preparing and executing the order, within the meaning of art. 6 sec. 1 letter a) of the GDPR. From the moment of concluding the contract (placing the order), the processing of the Buyer's personal data takes place on the basis of art. 6 sec. 1 lit. b) GDPR.
3. Personal data provided by the Buyer in the process of order fulfillment are data necessary for its implementation and will be processed by the Store in order to perform the concluded contract.
4. The processing of personal data by the Store is carried out in accordance with the provisions of the GDPR, the Personal Data Protection Act of May 10, 2018 (Journal of Laws of 2018, item 1000, as amended), the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), as well as the Act of July 16, 2004, Telecommunications Law (Journal of Laws of 2004, No. 171, item 1800, as amended) . amended). In connection with the purposes for which the Store processes the Buyers' personal data, the recipients of their personal data may be entities participating in the performance of obligations under the contract (e.g. the Tax Office, the Social Insurance Institution or companies providing services related to the performance of the contract, such as transport companies) , as well as entities intermediating in activities performed by the administrator, e.g. IT service providers, accounting offices, marketing agencies or law firms.
5. The Buyer has the right to access their personal data and correct them as well as the right to rectify, delete and limit processing (in cases where it is permissible due to the facts and legal obligations incumbent on the Store), the right to transfer data, the right to object ( e.g. if the data is processed for marketing purposes). The buyer also has the right to lodge a complaint with the supervisory body - the President of the Personal Data Protection Office.
6. If the processing of the Buyer's personal data takes place on the basis of consent (e.g. the Buyer has contacted the Store in order to obtain information about the Goods), the withdrawal of the Buyer's consent to the processing of his personal data does not affect the legality of the processing carried out by the administrator before the consent is withdrawn. .
7. The Buyer may consent to receive commercial information from the Store via electronic means of communication (to the e-mail address and telephone number).
8. The Purchaser may consent to the use of telecommunications terminal equipment by the Store for direct marketing purposes.

12. Rules for the sale of goods with the use of a reverse VAT charge

1. In accordance with the provisions of the Act of March 11, 2004 on tax on goods and services (Journal of Laws 2011, No. 177; item 1054, as amended, hereinafter: the "VAT Act"), a contract for the sale of Goods from a specific range of the Store on the total amount exceeding PLN 20,000.00 net, made to an entrepreneur registered as an active VAT payer, is subject to the mechanism of the so-called reverse charge of VAT. As a consequence of the above, this paragraph of the Regulations regulates the rules for the sale of Goods in a situation where the Buyer intends to make a one-off purchase of the Goods for an amount exceeding PLN 20,000.00 net, assuming that this purchase would be confirmed by a VAT invoice and:
   1. the transaction is not covered by the exemption referred to in Art. 43 sec. 1 point 2 of the VAT Act, i.e. it does not apply to goods used exclusively for tax-exempt activities;
   2. The buyer is a taxpayer referred to in Art. 15 of the VAT Act, registered as an active VAT taxpayer;
   3. the total value of the Goods sold under a uniform economic transaction will exceed PLN 20,000 net.
2. The buyer intending to purchase the Goods for a total amount of PLN 20,000.00 net, which would be confirmed by a VAT invoice, is obliged to send the initial order to the Store's e-mail address indicated on the website along with scans of the documents referred to in paragraph . 3 below. The buyer is then obliged to immediately send the original documents referred to in paragraph 3 below to the address of the Store, indicated on the website.
3. In order to make the transaction referred to in paragraph 1 above is obliged to send to the electronic address, and then indicated in sec. 2 above, the following documents:
4. an excerpt from the National Court Register or an excerpt from the Central Information on Business Activity Records (electronic printout),
5. a copy of the decision confirming the registration of the Buyer as an active VAT taxpayer (VAT-5) (not older than 3 months from the date of issue);
6. a declaration signed by the Purchaser or a person duly authorized by the Purchaser in the scope of VAT taxation of the transaction of delivery of goods as well as a declaration concerning the indication of the Head of the Tax Office competent for the Purchaser
7. The Store, regardless of any other rights it is entitled to under these Regulations and under the law, has the right to apply to the Head of the Tax Office, competent for the Buyer, to confirm the Buyer's status as an active VAT taxpayer (procedure specified in Article 96 paragraph 13 the VAT Act)
8. If the Buyer passes a positive verification, as a result of sending and analyzing the documents referred to in this paragraph, the Store will inform the Buyer about the further sale procedure of the Goods.
9. After the Buyer has made the payment for the Goods, the Store will issue an invoice to the Buyer without VAT, with the annotation " reverse charge ". The Buyer is obliged to settle VAT on the purchase of the Goods on the terms set out in this document.
10. The Store is entitled to claim compensation from the Buyer for any damage resulting from the presentation of false, incomplete or forged documents referred to in paragraph 3 above or the Buyer submits untrue or incomplete statements

13. Final provisions

1. The Store reserves the right to amend the Regulations for important reasons, in particular:
2. caused by force majeure,
3. changing the scope, scope or type of business activity conducted by the Store or the Store ceasing to conduct business activity,
4. changes to the provisions of applicable law or the issuing by state authorities of judgments, orders or decisions causing the need to amend the provisions of the Regulations,
5. for other reasons, justified by organizational changes in the Store, economic and social reasons, the need to adapt the Regulations to the solutions proposed by new technologies or the need to limit or eliminate the actions of Buyers or third parties inconsistent with the law, principles of social coexistence, morality or these Regulations.
6. All photos of the Goods and names presented on the Website are used only for identification purposes and may be registered trademarks or may be copyrighted by third parties, and their further use, use and presentation in part or in whole are prohibited without prior notice. consent of authorized persons.
7. The Store does not rent the offered Goods for testing, therefore it is unacceptable to conclude trial contracts or other similar unnamed contracts, such as contracts for testing the Goods or sales, subject to ownership rights.
8. In matters not covered by these Regulations, the relevant provisions of the Civil Code and other relevant, generally applicable laws shall apply.
9. Any disputes that may arise between the parties to the transaction will be settled by the common court competent for the seat of the Store, which does not exclude the rights of Buyers who are consumers in this regard.
10. Amendments to the Regulations come into force after its publication on the Website, in particular it applies to changes in the prices of the Goods.
11. The Regulations in force and published on the Website on the date of conclusion of the contract shall apply to the contract concluded between the Store and the Buyer. Changing the Regulations after the date of the contract, and before the performance of the obligation by any of the parties, does not affect the content of the already concluded contract or the rights and obligations of the parties.
12. If it turns out that any provisions of these Regulations are inconsistent or incompatible with the provisions on the rights of Consumers, in particular with the provisions of the Act on consumer rights, or constitute an illegal contractual provision, then such provisions will not be applied only to consumers and will not be considered for them. will be as if they were not reserved in these Regulations. Provisions of sec. 8 will be applicable to entrepreneurs concluding a contract of a non-professional nature, to the extent that it results from the wording of generally applicable provisions of law.
13. These Regulations are protected by copyright and its copying, reproduction in whole and in part without the consent of authorized persons is prohibited and constitutes a violation of copyright, which may result in bringing an action against the infringer.
14. The Store may at any time make changes to the Website without the need to first notify its users and Buyers of Goods or third parties in this regard, in particular, it may remove available Goods from the Website, change the indicated prices or other elements regarding the presented Goods and add descriptions. whether functions for individual Goods, may introduce new Goods, may introduce, change or remove promotions, sales, etc. Changes on the Website are effective from the date of their publication on the Website and do not apply to contracts concluded before their publication.

 15. By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency