Terms & Conditions
TERMS & CONDITIONS
1. Postal address – Name and surname or institution name, place location (in case of place divided on streets: street, building number, apartment or flat number; in case of place undivided on streets: place name and property number), postal code and place.
2. Complaint address:
st Boh. Westerplatte 1
14-400 Pasłęk, Poland
3. Deliveries price list –within the whole Polish territory is free. The whole delivery cost within whole EU territory is 8 EUR.
4. Contact details:
st Boh.Westerplatte 1
14-400 Pasłęk, Poland
+48 510 040 097
5. Delivery – type of shipment service together with denotation of carrier and cost listed in Deliveries price list.
6. Proof of purchase – Invoice, chit or receipt issued as per Act of 11 March 2004 on goods and services tax with later changes and other appropriate laws.
7. Product card – single website’s subpage including information about single product.
8. Customer –adult natural person having full competency, legit person or organization unit not having legal personality but having competency, purchasing the good from Buyer connected directly with business or professional activity.
9. Civil code – Civil code act of 23 April 1964 with later changes.
10. Code of Good Practice – set of watchwords, especially ethical and professional norms in question of p 5 art 2 Act of 23 August 2007 on countering dishonest market practices with later changes.
11. Consumer – adult natural person having full competency, legit person or organization unit not having legal personality but having competency, purchasing the good from Buyer not directly connected with business or professional activity.
12. Shopping basket – list of products made out of products offered by shop, based on Buyer’s choices.
13. Buyer – Customer as well as Consumer.
14. Place of items delivery – postal address or delivery point pointed in Buyer’s order.
15. Moment of items delivery – moment in which Buyer or third party pointed by Buyer starts to own item.
– payment method for deal’s item and delivery mentioned at
17. Consumer Law–Act of 30 May 2014 on Consumer Rights.
18. Product – minimal and indivisible amount of items, which can be an order issue and is shown in Seller’s shop as measure unit at defining it’s price (price/unit).
19.Subject of the agreement–products and delivery which are subject of the agreement.
20.Provision of the agreement – Subject of the agreement.
21. Delivery point – place of items delivery which is not a postal address, mentioned on set shared by Seller’s shop.
22.Item – chattel which is or can be a subject of the agreement.
23.Shop – website available at http:/www.jeansoriginal.pl via which Buyer can make an order.
st Boh. Westerplatte 1
NIP: 5780021806, REGON: 170186688
of entry in the register of economic activities carried out by the
Mayor of Paslek:
BANK ACCOUNT: PL 14 1020 1752 0000 0302 0160 3943
PKO BP S.A.
25. System – group of cooperating IT devices and software, providing processing and storing, as well as sending and receiving data via telecommunication network by appropriate DTE for particular kind of network, popularly called Internet.
26. Order delivery date – from one to five working days.
27. Agreement – agreement made outside entrepreneur’s local or remotely.
Act of 30 May 2014 on Consumer Rights in case of Consumers and sale agreement art 535 as amended from 23 April 1964 in case of Buyers.
28. Fault – physical as well as legal fault.
29.Physical fault – incompatibility of item sold with an agreement, especially when:
a.it has no attributes, which item of this type should have, considering the purpose pointed in agreement or consequent from circumstances or purpose;
b. it has no attributes, which existence was guaranteed by Seller to Consumer,
c. it is not right for purpose about which Consumer informed Seller while making a deal, and Seller did not report object as to item purpose;
d. it was delivered to Consumer in incomplete condition;
e. in case of inappropriate mount and launch if these activities were made by Seller or third party, which is under Seller’s responsibility, or by Consumer who followed the instruction given by Seller
f.it has no attribute, which was guaranteed by producer or his agent or person, which is selling item in the range of his business activity and person which thanks to placing his name, trademark or other mark on sold item calls himself producer, unless Seller has not provided those assurances, rating reasonably could not know or could have no affection on Consumer’s decision about making a deal or content was rectified before concluding an agreement.
30. Legal fault – situation, when sold item is a third party property or is onerous to the third party law, also if restriction use or ordinance is a result of decision or ruling of right authority.
31. Order –statement of Buyer’s wish placed via shop defined unequivocally: type and amount of products; delivery type; payment method; place of items delivery; Buyer’s details and aimed to make directly for making an agreement between Buyer and Seller.
§2 General arrangements
1. Agreement is concluded in Polish language as per Polish law and those Terms & Conditions.
2. Place of items delivery must be on the Republic of Poland territory.
3. Seller is obliged to provide services and provide fine items.
4. All prices given by Seller are in Polish currency and are gross prices (VAT included). Products prices do not include delivery price, which is specified in delivery price list.
5. Seller is not giving guarantee for Buyer in terms of art 577 of Civil code, but informs about known guarantees given by third parties for products available in shop.
6. Confirmation, sharing, solidification, protection of every important agreement’s provisions in order to gain access to the information in future, proceeds in form:
a.Order confirmation through e-mail sent to given e-mail address: orders, pro forma invoices, agreement withdrawal law information, these Terms & Conditions in pdf version, example form of Agreement withdrawal in pdf version, link to Terms & Conditions download and model form of Agreement withdrawal;
b. Affixture to carried out order, printed and sent to provided place of items delivery : proof of purchase, information about Agreement withdrawal law, those Terms & Conditions, model form of Agreement withdrawal.
7. Seller is not charging for communication with him via long-ranged intercommunication, and Seller will only pay costs regarding agreement concluded with third party providing specific service allowing long-ranged intercommunication.
8. Seller provides Buyer with the use of the system and correct shop working in following web browsers: IE version 7 or higher, version 3 or higher, Opera version 9 or higher, Chrome version 10 or higher, Safari with updated versions of JAVA and FLASH installed, on screens with horizontal resolution above 1024px. Use of third party software impacting web browsers working and features: Internet Explorer, FireFox, Opera, Chrome, Safari can have an impact correct shop’s displaying, so in order to get full shop’s feature on jeansoriginal.pl , they should be turned off.
9. Seller can use an option of his data storage by shop in order to make a proccess of placing an order easier. To do so, Buyer should provide login and password, necessary to gain an access to his account. Login and password are sequence of signs fixed by Buyer who is obliged to keep them in secret and protect them from unwanted third party access. Buyer has a possibility to insight, correct and update data or to delete shop account anytime he wants.
10. Seller complies to the Good practices code.
§3 Concluding an agreement and implementation
1. Orders can be made 24 hours a day.
2. In order to make an order Buyer should at least do following actions, some part of them can be repeated many times:
a. adding product to basket;
b. choice of delivery type;
c. choice of payment method;
d. choice of place of items delivery;
e. Placing an order in shop through using the button „CONFIRM ORDER.”
3. Concluding an agreement with Consumer proceeds with moment of order placing.
4. Consumer’s order implementation paid by COD (Cash on delivery - ONLY IN POLAND) proceeds immediately, and order paid by bank transfer or electronically via payment system after posting an payment on Seller’s bank account, which should proceed in 30 days, unless Consumer could not benefit without his fault and Seller was informed about it.
5. Concluding an agreement with Client proceeds with moment of order receiving by Seller, and he informs Client about this in 48 hours after order placing.
6. Client’s order implementation paid by Cash on Delivery proceeds immediately after concluding an agreement, and orders paid by bank transfer or via electronic payment system after concluding an agreement and posting Client’s payment on Seller’s bank account.
7. Client’s order implementation could depend on performing full or partial payment of order’s value or getting an mercantile credit limit worth at least the same as order’s value or Seller’s permission to send an order by Cash on Delivery.
8. Sending an agreement’s item proceeds in deadline specified in product’s card, and for orders composed of many products, in longest deadline from those on product cards. Deadline timer starts in the moment of order’s implementation.
9. Bought agreement’s item along with sale’s document chosen by Buyer are sent to Buyer via delivery method pointed by Buyer to place of items delivery indicated by Buyer along with added attachments in question of §2 point 6b.
§4 Right of withdrawal
1. Consumer has right to withdraw from remote agreement on the basis of art 27 on Consumer Right, without giving a reason and bearing the costs, except costs pointed in art 33, 34 on Consumer Right.
2. Right of withdrawal deadline from remote agreement is 14 days from the moment of item delivery and in order to keep deadline, sending statement before end will be enough.
3. Statement on right of withdrawal can be placed by Consumer on form: http://www.jeansoriginal.eu/image/file/return_form.pdf or in other written form compatible with Consumer Law.
4. Seller excludes possibility of sending statement of withdrawal from agreement in form different than written one.
5. Seller will instantly confirm receiving a statement of right of withdrawal via e-mail (provided upon making an agreement or different if it was provided in sent statement).
6. In case of withdrawal from an agreement, it is considered as not concluded.
7. Consumer has duty to return item for Seller instantly, but not later than 14 days from days in which he withdrawn from an agreement. In order to save deadline, returning items before end will be enough.
8. Consumer returns items included in withdrawn agreement, at his own cost and risk.
9. Consumer is not bearing costs of providing digital content, which are not stored on material media if he did not approve to carry out benefit before withdrawal from an agreement’s deadline or he was not informed about right of withdrawal right loss in moment of giving such permission or entrepreneur has not delivered confirmation lawful with act 15 of art 15 and art 21 of act 1 of Consumer Right.
10. Consumer takes responsibility for reducing value of item which is subject of the agreement and is result of using them in way exceeding beyond necessary to declare character, features and function of an item.
11. Seller instantly, not later than in 14 days deadline from day of receiving statement on withdrawal from an agreement sent by Consumer, will return all made payments, including cost of item delivery for Consumer and if Consumer picked delivery method different than the cheapest normal delivery method offered by Seller, Seller will not return any additional costs for Buyer, according to art 33 of Consumer Right.
12. Seller returns payment using the same payment type as Consumer, unless Consumer agreed with changes in payment method, which will not result in any additional costs for him.
13. Seller can wait with payment return received from Consumer till moment when he receives items back or moment when proof of sending back is provided by Consumer, depending on which event will happen first.
14. Consumer according to art 38 of Consumer Right is not entitled to right of withdrawal;
a. when price or salary depends from variations on finance market, uncontrolled by Seller and which can occur before deadline of a withdrawal of an agreement;
b. when service subject is non prefabricated, produced according to Consumer specification or serving for individual Consumer’s needs;
c. when service subject is item that quickly breaks or has short use-by date.
d. when service item is delivered in sealed packing that after opening cannot be returned because of health protection or sanitary matters, in case of packing opened after delivery;
e. when service subject are things of specific characteristics that after delivery, become inseparably connected with other items;
f. when service subject are audio or visual recordings or computer software delivered in sealed packing, in case of packing opened after delivery;
g. delivery of digital content that are not stored on material media, if service fulfillment started with Consumer clear permission before withdrawal of an agreement’s deadline and after informing him by entrepreneur about losing right of withdrawal;
h. delivery of journals, periodics or magazines, except of subscription agreement.
1. Seller on basis of art 558§1 of Civil code completely excludes responsibility towards Clients because of physical and legal defects (guarantee).
2. Seller takes responsibility towards Consumer on rules described in art 556 of Civil Code and following for defects (guarantee).
3. In case of agreement with Consumer if physical defect was found year after items delivery, we assume that it existed in the moment of transfer the risk to Consumer.
4. If sold item has defect Consumer can:
a. send statement on lowering price demand;
b. send statement on right of withdrawal;
unless Seller instantly and without excessive inconvenience for Consumer exchanges faulty item for fault free one or will remove that fault. Since, item was already exchanged or repaired by Seller or Seller did not content duty of item exchange for fault free one or fault removal, he is not obliged to exchange an item or remove its fault.
5. Instead of fault removal offered by Buyer, Consumer can demand item exchange for fault free one or instead of item exchange, demand fault removal, unless making item agreeable with an agreement in a way chosen by Consumer is impossible or will require excessive costs comparing to way offered by Seller, with which valuation of costs excessive, considers value of fault free item, type and meaning of found defect, also inconveniences are taken into consideration, which expose other way of Consumer’s satisfaction
6. Consumer cannot withdraw from an agreement, if defect is unimportant.
7. If sold item has a fault, Consumer can:
a. demand item exchange for fault free one;
b. demand fault removal.
8. Seller is obliged to exchange faulty item for faulty free one or remove defect in reasonable time without excessive inconveniences for Costumer.
9. Seller can refuse compensation for Consumer demand, if making faulty item agreeable with an agreement in a way chosen by Buyer is impossible or comparing to second possible way of making faulty item agreeable with an agreement would require excessive costs.
10. In case of mounted faulty item, Consumer can demand from Seller, disassemble and remounting after exchanging item for fault free one or fault removal, however he is obliged to pay part of connected costs exceeding sold item price or can demand from Seller partial payment of disassemble and remounting costs to sold item value. In case of Seller’s unfulfilled duty, Consumer is entitled to do such actions at Seller’s cost and risk.
11. Consumer that is doing entitlement because of guarantee, is obliged to deliver faulty item to complaint address at Seller’s cost, and if, considering type of item or way of its’ mounting, delivery would be excessively complicated, Consumer is obliged to share item for Seller in place, where it is. In case of unfulfilled Seller’s duty, Consumer is entitled for sending item back at Seller’s cost and risk.