**ONLINE STORE TERMS AND CONDITIONS**
Jamiks.shop.pl
Publication Date: May 24, 2018
**§1**
General Provisions
1. The online store [hereinafter referred to as the "Store"] conducts retail sales through the Owner of the Store via the internet, based on these Terms and Conditions [hereinafter referred to as the "Terms"].
2. The Owner of the Store is: Jamiks Kids Fashion sp. z o.o., Jarocin, Wrocławska 117A , Tax ID: 6172235324, Tel. 606 111 987, Email address: jamiks@jamiks.com.pl.
3. Whenever the term "Consumer" is used in this document, it refers to a natural person conducting a legal action not directly related to their economic or professional activity.
4. The Terms and Conditions are an integral part of the sales agreement concluded with the customer.
5. The acceptance of the Terms by the customer during the order placement process by marking the appropriate field in the form is a condition for concluding a sales agreement.
6. The prices listed in the Store are gross prices (including VAT) in Polish zlotys. The listed prices do not include shipping costs, which are determined at the time of placing the Order.
7. The products available in the Store are free from physical and legal defects.
**§2**
Orders
1. The sale of products offered in the Store is carried out through the conclusion of a sales agreement via the Internet. The conclusion of a sales agreement occurs by placing an order by the Customer and receiving confirmation of its acceptance by the Store. Placing an order does not lead to the conclusion of an agreement, but constitutes an offer to conclude an agreement. An agreement is concluded between the Buyer and the Seller upon the sending of confirmation of the order's acceptance.
2. The subject of the sales agreement may be goods available in the Store's offer at the time of placing the Order.
3. The condition for order fulfillment is the provision of customer data allowing for the verification of the customer and the recipient of the goods. The Store confirms the acceptance of the order by email or by phone.
4. The information on the Store's website regarding the purchased product at the time of placing the Order, in particular: price, product characteristics, features, components of the set, delivery date, and method, is binding for both parties.
5. The information on the Store's website does not constitute an offer within the meaning of the Civil Code. By placing an order, the customer makes an offer to purchase a specific product. The sales agreement is concluded upon confirmation by the Seller of the acceptance of the Order for execution.
6. An order can be placed by the Customer 24 hours a day, 7 days a week.
7. Product selection for an order is possible by adding them to the cart, which is a shopping list. The content of the cart can be verified at any time.
8. After completing the addition of goods to the cart, the customer proceeds to the next stage and selects the method of delivery and payment, and enters the address.
9. The customer is obliged to familiarize themselves with the content of the Terms and give consent to the processing of personal data in accordance with the rules specified in the Terms.
10. Before clicking the "ORDER" button, the customer has the option to change products in the Cart, the payment and shipping method, as well as invoice details.
11. Order processing will begin once the Store receives confirmation of successful payment execution from the Payment Provider.
12. The Store may contact the Customer by phone or email in connection with the Order.
13. The customer can contact the store via the email address: jamiks@jamiks.com.pl, indicating the Order number for the message.
14. The order is delivered to the address indicated by the Customer in the Order.
15. The Store is obligated to deliver a product to the Customer free from defects, identical to the one offered in the Store and presented at the time of placing the Order.
**§3**
Payments
1. The customer has the option to choose payment methods:
- bank transfer to the Seller's bank account
- payment via the PayU or PayPro S.A. service
- cash on delivery via InPost
The entity providing online payment services for instant bank transfers is PayPro S.A.
Accepted payment cards are: Visa, Mastercard.
Order processing will begin once the Store receives confirmation of successful payment execution from the Payment Provider.
2. Shipping fees are specified in the delivery price list.
3. Payment for the goods and shipping is a condition for the release of the goods.
**§4**
Shipping of Goods
1. The ordered goods are shipped by the Store through shipping companies (e.g. Polish Post or courier companies) or made available for collection by the customer at the company's premises.
2. In the case of payment by credit card, the order fulfillment period is counted from the moment of a positive transaction authorization.
3. In the case of payment in a manner other than cash on delivery, the shipping period is extended by the period between placing the order and the date of crediting the payment to the Store's bank account.
4. In case of non-payment and no confirmation of the Order by the Customer within 5 working days, the Order is canceled. In case of providing an incorrect address and no possibility to contact the Customer within 5 days, the order is canceled.
5. If the Store runs out of a product or products covered by the Customer's Order, the Store will inform the Customer about this fact by sending a message to the email address provided by the Customer or by contacting them by phone to propose an alternative product, splitting the Order into parts, or canceling the Order in whole or in part.
6. In the situation where the Customer does not agree to the execution of the Order with alternative products, the Order will be canceled in whole or in part according to the Customer's instructions.
7. If, in the situation described in point 5, and in accordance with the Customer's decision, the Order is split, the Customer only bears the costs of delivering the first shipment. The costs of subsequent shipments resulting from new Orders resulting from the division of the original Order are borne by the Store.
8. Regardless of the rights described above, in the event of a lack of product in the Warehouse or the inability to fulfill the Customer's order, the Store has the right to withdraw from the execution of the agreement within 30 days, counting from the day of its conclusion. If the expected delivery date is longer than 30 days, the Online Store has the right to withdraw from the agreement within the deadline set for the execution of the given order. If payment for the goods has been made in advance, the Store will refund the Customer the amount paid for the goods immediately after canceling the order.
9. In the event that the Customer does not make any decision in situations referred to in point 5, and in the event of the inability to establish contact with the Customer for reasons not attributable to the Store, the Store may exercise the contractual right to withdraw from the order in its entirety within 30 days of the occurrence of this event.
10. In the case of canceling an Order in a situation described in connection with point 5, and if the Customer has already made a payment for the Order, the Service Provider will refund the amount paid to the Customer (or a part of it in the case of partial execution of the Order) in accordance with the generally applicable legal provisions.
**§5**
Complaints
1. To file a complaint, the Customer should contact the Store by phone (62 747 0880) or by email (jamiks@jamiks.com.pl) and send photos attached in the email, providing a description of the complaint.
The customer should provide an address where
the complaint-related product should be sent. The shipping costs related to the complaint procedure are covered by the Customer.
2. The customer is obliged to return the advertised product together with a proof of purchase.
3. If the customer is a Consumer, they have the option to choose whether the Store will repair or replace the product with a new one, or lower the price or refund the money.
4. The Store undertakes to consider each complaint within 14 days from the date of its receipt. Lack of consideration of the complaint within 14 days should be understood as accepting it.
5. In the event of a justified complaint, the Store covers the costs of returning the goods to the Customer and the delivery of new goods to the Customer.
6. The Consumer also has the right to use out-of-court means of dealing with complaints and pursuing claims. To use this possibility, you can submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
**§6**
Right to Withdraw from the Agreement
1. The Consumer has the right to withdraw from the contract within 14 days without giving any reason.
2. The deadline to withdraw from the contract expires after 14 days from the day on which the Consumer came into possession of the goods or on which a third party other than the carrier and indicated by the Consumer came into possession of the goods.
3. To exercise the right of withdrawal, the Consumer must inform the Store about their decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or email). The Consumer may use the withdrawal form template provided in the attachment to the Act or fill out and submit the withdrawal form available on the Store's website. In order to meet the withdrawal deadline, it is sufficient for the Consumer to send information regarding the exercise of the right of withdrawal before the withdrawal period has expired.
4. In the event of withdrawal from the contract, the Store shall reimburse all payments received from the Consumer, including the costs of delivery of goods (with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Store), immediately and in any event no later than 14 days from the day on which the Store is informed about the Consumer's decision to exercise the right of withdrawal.
**§7**
Data Protection
1. The Administrator of personal data processed for the purpose of the implementation of the sales agreement is the Store.
2. The Customer's personal data is processed for the purpose of implementing the sales agreement and, upon separate consent, for marketing purposes.
3. Providing personal data by the Customer is voluntary, but necessary for the implementation of the sales agreement.
4. The Customer has the right to access their data and correct it, as well as the right to request its deletion.
**§8**
Intellectual Property
1. The Store's website contains materials protected by copyright, trademarks, and other intellectual property rights.
2. Using, reproducing, or distributing any materials from the Store's website without the Store's written consent is prohibited.
**§9**
Out-of-Court Settlement of Disputes
1. The Consumer has the possibility of using out-of-court methods of complaint examination and redress. Information on access to these procedures is available at the registered offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection, the Agricultural and Food Quality Inspection, as well as on the following websites of the Office of Competition and Consumer Protection: www.uokik.gov.pl.
2. In matters not covered by these Terms, the relevant provisions of Polish law shall apply.
**Entry into Force and Changes to the Terms and Conditions**
1. These Terms and Conditions come into force on the day of their publication on the Store's website.
2. The Store reserves the right to change the content of the Terms and Conditions at any time, which will not affect the rights acquired by Customers before the change of the Terms and Conditions.
3. In matters not covered by these Terms, the relevant provisions of Polish law shall apply.
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