Account Terms and Conditions

Account Terms and Conditions

in the JF PISARCZYK store 1925

CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Right to withdraw from the contract
§ 7 Personal data
§ 8 Change in the Regulations or Account
§ 9 Final provisions

§ 1 DEFINITIONS

Consumer – a Service Recipient who is a natural person who has concluded an Account maintenance agreement pursuant to the Regulations or is taking steps to conclude such an agreement, without any direct connection with his business or professional activity.
Account - a digital service within the meaning of the Consumer Rights Act, provided free of charge electronically by the Service Provider to the Service Recipient, thanks to which the Service Recipient can use additional functions in the Store.
Privileged Entrepreneur - a Service Recipient who is a natural person concluding an Account maintenance agreement (or taking steps to conclude it) pursuant to the Regulations, directly related to its business activity, but not of a professional nature for it.
Regulations - these Account regulations.
Store - JF PISARCZYK 1925 online store run by the Service Provider at JFPisarczyk1925.com
Service Recipient - any entity that has concluded an Account maintenance agreement or is taking steps to conclude it.
Privileged Service Recipient – ​​a Service Recipient who is a Consumer or a privileged Entrepreneur.
Service provider - JF 25 SPÓŁKA Z OGRANICZONA ODPOWIEDZIALNOŚCIĄ with its registered office at: Rondo Organization United Nations 1, 00-124 Warszawa, entered into the National Court Register - register of entrepreneurs by DISTRICT COURT FOR THE CITY OF WARSAW IN WARSAW, 12TH COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER, under KRS number 0000635395, NIP 1182129176, REGON no. 36536094500000, share capital PLN 5,000.00.
Consumer Rights Act - Polish Act of May 30, 2014 on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

  1. Postal address: Rondo United Nations 1, 00-124 Warszawa
  2. E-mail address: kontakt@jfpisarczyk1925.com
  3. Phone: 609904444
  4. The cost of a telephone call or data transmission performed by the Service Recipient results from the basic tariff of the telecommunications operator or internet service provider whose services the Service Recipient uses. The Service Provider points out that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission - depending on the tariff adopted by the telecommunications operator or Internet service provider used by the Service User.

§ 3 TECHNICAL REQUIREMENTS

  1. For proper functioning and creation of an Account, you need:
    • active email account,
    • device with Internet access,
    • web browser that supports JavaScript and cookies.

§ 4 ACCOUNT

  1. Creating an Account is completely voluntary and depends on your will Service recipients.
  2. The account gives the Service User additional options, such as: viewing the history of orders placed by the Service User in the Store, checking the order status or editing the Service User's data independently.
  3. In order to create an Account, please complete the appropriate form in the Store.
  4. At the moment of creating the Account, an agreement for maintaining the Account is concluded for an indefinite period between the Service User and the Service Provider on the terms specified in the Regulations.
  5. The Service Provider starts providing the Account maintenance service on the terms specified in the Regulations immediately after concluding the Account maintenance agreement.
  6. The Service Recipient may resign from the Account at any time without incurring any costs.
  7. Deleting the Account results in the termination of the Account maintenance agreement. In order to delete the Account by the Service Provider, you must send your resignation from the Account to the e-mail address of the Service Provider provided in § 2 of the Regulations, which will result in immediate deletion of the Account and termination of the contract for maintaining the Account.

§ 5 COMPLAINTS

AND GENERAL PROVISIONS

  1. The Service Provider asks you to submit complaints regarding the Account to the postal or electronic address indicated in § 2 of the Regulations.
  2. The Service Provider will respond to the complaint within 14 days of receiving the complaint.

II PRIVILEGE RECIPIENTS

  1. The Service Provider is liable to the Privileged Service Recipient for the compliance of the provision with the contract provided for by generally applicable legal provisions, in particular the provisions of the Consumer Rights Act.
  2. In the event of improper performance of the Account maintenance agreement by the Service Provider, the privileged Service Recipient may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
  3. If the Service Provider has not provided the digital service, the privileged Service User may request it to provide it. If, despite this, the Service Provider does not provide the digital service immediately or within an additional period expressly agreed by the Service Provider and the Privileged Service Recipient, the Privileged Service Recipient may withdraw from the Account maintenance agreement.
  4. The privileged service recipient may withdraw from the contract for maintaining the Account without requesting the provision of a digital service if:
    1. it clearly follows from the Service Provider's statement or circumstances that it will not provide the digital service or
    2. The privileged Service Recipient and the Service Provider have agreed, or it is clear from the circumstances of concluding the Account maintenance agreement, that a specific date for the delivery of the digital service was of significant importance to the Privileged Service Recipient, and the Service Provider did not deliver it within that period.
  5. The Service Provider is liable for any lack of compliance with the contract for maintaining an Account for a digital service provided continuously, which occurred or became apparent at the time when, in accordance with the contract, the service was to be provided.
  6. If the digital service is inconsistent with the Account maintenance agreement, the Privileged Service User may demand that it be brought into compliance with this agreement.
  7. In the event of non-compliance of the digital service with the Account maintenance agreement, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical measures, in order to determine whether the lack of compliance of the digital service with the Account maintenance agreement results in a timely manner. from the features of the digital environment of the privileged Service Recipient.
  8. Additionally, if the digital service is inconsistent with the Account maintenance agreement, the Privileged Service User may submit a declaration of withdrawal from this agreement when:
    1. bringing the digital service into compliance with the Account maintenance agreement is impossible or requires excessive costs pursuant to Art. 43m section 2 and 3 of the Consumer Rights Act;
    2. The Service Provider failed to bring the digital service into compliance with the Account maintenance agreement within a reasonable time from the moment the Service Provider was informed by the Privileged Service User about the lack of compliance with this agreement, and without undue inconvenience to the Privileged Service User, taking into account the nature and purpose of this digital service, in how it is used;
    3. the lack of compliance of the digital service with the Account maintenance agreement continues, even though the Service Provider has tried to bring the digital service into compliance with this agreement;
    4. the lack of compliance of the digital service with the Account maintenance agreement is so important that it justifies withdrawal from the Account maintenance agreement without first using the protection measure specified in Art. 43m of the Act on Consumer Rights (i.e. requests to bring the digital service into compliance with the contract);
    5. it clearly follows from the Service Provider's statement or circumstances that he will not bring the digital service into compliance with the Account maintenance agreement within a reasonable time or without excessive inconvenience to the Privileged Service User.

III OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS

  1. The Service Provider informs the Consumer about the possibility of using out-of-court methods of dealing with complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court. The consumer can benefit from, among others: With:
    • assistance of the relevant European Consumer Center from the European Consumer Centers Network. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. As a rule, the assistance of the European Consumer Centers is free of charge. The list of Consumer Centers appropriate for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
    • online Dispute Resolution (ODR) platform, provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
    Additionally, in the Republic of Poland you can benefit from the following forms of support:
    • mediation conducted by the appropriate Provincial Trade Inspection Inspectorate, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of inspectorates can be found here: >https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowa.php
    • assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of the Trade Inspection, to which an application to consider the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: >https://uokik.gov.pl/stale_sady_polubowne.php
  2. The previous provision is informative and does not constitute an obligation of the Service Provider to use out-of-court dispute resolution methods.
  3. The use of extrajudicial methods of dealing with complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
  4. The consumer may additionally benefit from free assistance from the municipal or district consumer ombudsman.

§ 6 RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The privileged Service Recipient has the right to withdraw from the Account management agreement concluded with the Service Provider within 14 days without giving any reason.
  2. The deadline to withdraw from the Account maintenance agreement expires after 14 days from the date of conclusion of this agreement.
  3. In order for the Privileged Service Recipient to exercise the right to withdraw from the contract, he or she must inform the Service Provider, using the data provided in § 2 of the Regulations, about his or her decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter sent by post or e-mail).
  4. The privileged service recipient may use the sample withdrawal form at the end of the Regulations, but this is not obligatory.
  5. In order to meet the deadline for withdrawal from the contract, it is sufficient for the privileged Service Recipient to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal from the contract expires.

§ 7 PERSONAL DATA

  1. The administrator of personal data provided by the Service User in connection with the conclusion of the Account maintenance agreement is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider - including other purposes and the basis for data processing, as well as about data recipients, can be found in the policy available in the Store privacy - due to the principle of transparency contained in the general regulation of the European Parliament i Council (EU) on data protection - " GDPR ".
  2. The purpose of processing the Service User's data is to maintain an Account. The basis for the processing of personal data in this case is the contract for maintaining the Account or actions taken at the request of the Service User aimed at achieving it conclusion (Article 6(1)(b) of the GDPR), as well as the legitimate interest of the Service Provider, consisting in data processing in order to establish, pursue or defend possible claims (Article 6(1)(f) of the GDPR).
  3. Providing data by the Service User is voluntary, but at the same time necessary to conclude an account management agreement and provide the services covered by it. Failure to provide data means that the Account maintenance agreement will not be possible and the Service Provider will not be able to provide the services covered by it.
  4. The Service Recipient's data will be processed until:
    1. the Account maintenance agreement will cease to apply;
    2. the Service User or Service Provider will no longer be able to pursue claims related to the Account;
    3. the Service Recipient's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Service Provider
    – depending on what is applicable in a given case.
  5. The service recipient has the right to request:
    1. access to your personal data,
    2. their corrections,
    3. deletion,
    4. processing restrictions,
    5. transferring data to another administrator
      and also the law:
    6. object at any time to the processing of data for specific reasons the situation of the Service Recipient - regarding the processing of personal data concerning him, based on Art. 6 section 1 lit. f GDPR (i.e. on legitimate interests pursued by the Service Provider).
  6. In order to exercise their rights, the Service User should contact the Service Provider.
  7. If the Service User considers that his or her data is being processed illegally, the Service User may submit a complaint to the authority competent for the protection of personal data. In Poland, it is the President of the Personal Data Protection Office.

§ 8 CHANGE IN THE REGULATIONS OR ACCOUNT

  1. The Service Provider reserves the right to change the Regulations only for important reasons. An important reason means the need to change the Regulations caused by:
    1. changing the functionality of the Account, requiring a modification of the Regulations or
    2. changes in legal provisions affecting the implementation of the Account maintenance agreement by the Service Provider or adaptation of services to recommendations, guidelines, orders or prohibitions, rulings, resolutions, interpretations or decisions of authorized public authorities or
    3. change of contact or identification data of the Service Provider.
  2. Information about the planned change to the Regulations will be sent to the e-mail address of the Service User assigned to the Account at least 7 days before the changes come into force.
  3. If the Service Recipient does not object to the planned changes until they enter into force, it is assumed that he accepts them, which does not constitute any obstacle to terminating the contract in the future.
  4. If the planned changes are not accepted, the Service Recipient should send information about it to the Service Provider's e-mail address provided in § 2 of the Regulations, which will result in the termination of the Account management agreement when the planned changes come into force.
  5. The Service Provider may make changes to the Account that are not necessary to maintain its compliance with the Account maintenance agreement, for the reason specified in section 1 letter b or due to a change in the functionality of the Account. The introduction of the change referred to in the previous sentence will not involve any costs on the part of the Privileged Service User. The provision of section 2-4 apply accordingly.
  6. If the change referred to in section 5, significantly and negatively affects the Privileged Service User's access to or use of the Account, the Service Provider will send the Privileged Service User's e-mail address, in advance, on a durable medium, information about the properties and date of making this change and the rights related to this change. change of the privileged Service User.

§ 9 FINAL PROVISIONS

  1. The Service User is prohibited from providing illegal content.
  2. The Account Maintenance Agreement is concluded in Polish.
  3. The contract concluded on the basis of these Regulations is subject to the provisions of Polish law, subject to paragraph. 4.
  4. The choice of Polish law for a contract concluded with the Consumer under the Regulations does not waive or limit the Consumer's rights under mandatory legal provisions applicable to the Consumer in a situation where there is no choice of law. This means in particular that if the national regulations applicable to a given Consumer provide for broader protection than that resulting from these Regulations or Polish law, this broader protection shall apply.
  5. In the event of a possible dispute with a Service Recipient who is not a privileged Service Recipient, related to the Account maintenance agreement, the competent court will be the court competent for the seat of the Service Provider.

Annex No. 1 to the Regulations

Below is a sample withdrawal form that the Consumer or the privileged Entrepreneur may, but does not have to, use:

SAMPLE WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)

JF 25 LIMITED LIABILITY COMPANY
Rondo United Nations 1, 00-124 Warszawa
e-mail address: kontakt@jfpisarczyk1925.com

- I/We(*) ......................................... ............................ hereby inform(*) about my/our withdrawal from the contract for the provision of the following service (*) / for the supply of digital content in the form of (*):

............................................................. ............................................................. ............................................................. ........................

............................................................. ............................................................. ............................................................. ........................

............................................................. ............................................................. ............................................................. ........................

- The date of conclusion of the contract (*)

............................................................. ............................................................. ............................................................. ........................

- Name and surname of the Consumer(s)/Privileged Entrepreneur(s):

............................................................. ............................................................. ............................................................. ........................

- Address of the Consumer(s)/Privileged Entrepreneur(s):

............................................................. ............................................................. ............................................................. ........................

............................................................. ............................................................. ............................................................. ........................

............................................................. .........................................
Signature of the Consumer(s)/Privileged Entrepreneur(s)
(only if the form is sent in paper version)

Date ............................................

(*) Delete as appropriate.