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Terms of services

§1. Preliminary Provisions

  1. The regulations define the terms of agreements for the supply of physical products and digital content in the form of a newsletter, in particular the rights and obligations of the parties to the agreement, i.e., the Seller and the Customer or Newsletter User.
  2. Every Customer and Newsletter User is obligated to read and accept the terms specified in the Regulations before entering into an Agreement with the Seller.

§2. Definitions

The definitions used in the Regulations shall be understood as follows:

  1. Seller – Rogal Customs Agnieszka Rogalska, owner of the Jersey Clinic brand. VAT ID: PL5372436021, Nadbużańska 81, Orchówek, 22-200 Włodawa.
  2. Customer – a natural person with full legal capacity, a legal entity, or an organizational unit without legal personality but with legal capacity, using the services and functionalities of the Website, in particular, making purchases through the Store.
  3. Consumer – a natural person making a purchase on the Website not directly related to their business or professional activity.
  4. Entrepreneur acting as a consumer – a natural person making a purchase directly related to their business activity, when it results from the content of this agreement that it does not have a professional character, in particular, arising from the subject of their business activity (specified in CEIDG).
  5. User – a natural person subscribing to the Newsletter and thus entering into an agreement with the Seller for its delivery.
  6. Website – the website operated by the Seller, available at the address: jcsport.pl
  7. Store – the online store operated by the Seller at the jcsport.pl internet address
  8. Goods – a physical product available in the Store’s assortment, which is the subject of the Agreement between the Customer and the Seller.
  9. Newsletter – digital content delivered to individuals who have subscribed through the subscription form located on the Website. The content of the Newsletter also includes a lead magnet (gift for subscribing), which is delivered to the User once they have subscribed to the Newsletter.
  10. Digital Environment – computer equipment, software, and network connections used by the Consumer to access digital content or digital services or to use them.
  11. Shopping Cart – a Store software element in which the Goods selected for purchase by the Customer are visible, and there is also the possibility to specify and modify Order data.
  12. Order Form – a form available in the Store that allows you to place an Order, in particular, by adding Goods to the electronic cart and specifying the terms of the Distance Agreement, including the method of delivery and payment.
  13. Subscription Form – a form available on the Website that allows you to conclude a Newsletter delivery agreement.
  14. Registration Form – a form available in the Store that allows you to create an Account.
  15.  
  16. Account – an account in the Store, which the Customer can, but is not obliged to, create, and in it, data provided by the Customer and information about Orders placed by them in the Store are collected.
  17. Order – the Customer’s declaration of intent made using the Order Form and aimed directly at concluding the Agreement.
  18. Payment Operator – WPPAY payment system based in Warsaw, at ul. Złota 75a, lok. 7, 00-819 Warsaw, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw, XII Economic Division of the National Court Register under the KRS number 0000863565, NIP 7011000958
  19. Agreement – a distance contract with the Customer as part of an organized system of concluding distance contracts (Store or Newsletter registration form on the Website), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication until the conclusion of the contract, including.
  20. Regulations – these regulations.

§3. Contact with the Store

  1. The Customer can contact the Seller in particular:
    1. by email at: info@jcsport.pl
    2. in writing to the address: Rogal Customs Agnieszka Rogalska, Nadbużańska 81, Orchówek
    3. and also by phone at: 574 819 40 from 8:00 – 16:00 on business days.
  1. Seller’s bank account number: mBank 22 1140 2004 0000 3602 7426 7658

§4. Customer’s Digital Environment

  1. To use the Website and the Store, including browsing the Seller’s assortment and placing orders, as well as using the Newsletter, the following are necessary:
    1. an end device with internet access, an operating system, and an internet browser that allows you to browse websites,
    2. a pdf, word, excel file viewer,
    3. an active email address (e-mail),
  2. The Seller takes technical and organizational measures to ensure the Customer safe access to the Website and the Store, in particular measuresthat prevent access and modification of personal data by unauthorized persons.
  3. The Customer is prohibited from providing content of an unlawful nature.
  4. The Seller has the right to take a technical break in the operation of the Website, including the Store, necessary for planned, current server service, and software maintenance. In the event of a planned break, Customers will be clearly notified on the Website.
  5. The Seller shall not be liable to the fullest extent permitted by law for disruptions, including interruptions in the operation of the Website, caused by force majeure, unauthorized actions of third parties, or incompatibility with the computer hardware or software used by the Customer.

§5. Newsletter and Free Digital Services

  1. The Seller provides paid Goods as well as free digital content and digital services through the Website and the Store.
  2. The following free digital content and services are available, among others:
    1. enabling the Customer to browse content and assortment on the Website and the Store, as well as using the content search (digital service),
    2. enabling the Customer to place an Order in the Store without registration (digital service),
    3. creating and managing an Account in the Store (digital service),
    4. delivering the Newsletter and the so-called gift for subscribing (digital content).
  1. To receive the Newsletter, you must take the following steps:
    1. complete the Newsletter subscription form;
    2. give consent to the processing of data for the purpose of sending the Newsletter, including direct marketing of the Seller’s Goods, content, and digital services;
    3. read the content of these Regulations and accept its terms, and subscribe by clicking the “Subscribe” button;
    4. then locate the email from the Seller sent to the address provided in the subscription form and click the confirmation button to subscribe to the Newsletter.
  2. The first Newsletter along with the gift for subscribingwill be delivered immediately after the User has completed the actions specified in the previous point. Subsequent Newsletters will be delivered by the Seller sporadically. The Agreement for maintaining an Account in the Store and the Agreement for delivering the Newsletter are concluded for an indefinite period and can be terminated at any time with immediate effect. The Agreement for maintaining an Account in the Store can be terminated by deleting the Account after logging in, and the Agreement for delivering the Newsletter by unsubscribing according to the instructions in each Newsletter. Each of the agreements can also be terminated by the Customer by sending a relevant request to the Seller by email or in writing to the address provided in §3 of the Regulations.

§6. Creating an Account in the Store

  1. Creating an Account in the Store is free of charge.
  2. To create an Account in the Store, you should fill out the Registration Form or check the appropriate checkbox in the Order Form.
  3. Logging into the Account is done by providing the login and password established in the Registration Form.
  4. The Customer has the option to delete the Account at any time without providing a reason and without incurring any fees for this, by using the Account functionality or by sending a relevant request to the Seller, especially via email or in writing to the address specified in §3.

§7. Ordering Process

  1. Orders can be placed in the Store 24/7, every day of the year.
  2. Browsing the Store’s assortment does not require creating an Account.
  3. Placing orders for Goods available in the Store’s assortment can be done by the Customer:
    1. after creating an Account following the instructions in §6 of the Regulations,
    2. or without creating an Account, by providing the necessary personal and delivery information to fulfill the Order.
  4. To place an Order without registration, you should:
    1. select the Goods to be ordered and then click the “Add to Cart” button,
    2. go to the cart and click “Proceed to Checkout,”
    3. fill out the Order Form with the recipient’s details and the delivery address,
    4. enter invoice details if different from the recipient’s information,
    5. choose one of the available payment methods, accept the Regulations, and click the “Buy and Pay” button,
    6. make the payment within the specified time and in the previously chosen manner.
  5. To place an Order with registration (creating an Account), you should:
    1. select the Goods to be ordered and then click the “Add to Cart” button,
    2. go to the cart and click “Proceed to Checkout,”
    3. when placing the first order, fill out the Order Form with the recipient’s details and the delivery address, and check the “Create an account?” box,
    4. for subsequent orders, log in to the Store,
    5. enter invoice details if different from the recipient’s information,
    6. choose one of the available payment methods, accept the Regulations, and click the “Buy and Pay” button,
    7. make the payment in the chosen manner as before.
  6. Online payment is made directly on the payment operator’s website.
  7. After making the online payment, the Customer will be redirected back to the Website.
  8. Upon confirmation of the order by the Customer by clicking the “Buy and Pay” button, an Agreement is concluded between the Customer and the Seller.
  9. The Customer will receive a confirmation of the Agreement, as well as a copy of the content of these Regulations, to the email address provided in the order.

§8. Prices, Offered Delivery Methods, and Payment

  1. The prices of Goods are specified in their descriptions available in the Store.
  2. All prices are expressed in Polish Zlotys (PLN) and are gross prices.
  3. The price displayed for the Goods at the time of placing the Order by the Customer, following the procedure described in §7 of the Regulations, is binding for the parties to the transaction.
  4. The Seller does not apply individual price adjustments based on automated decision-making.
  5. The total amount to be paid by the Customer includes the price for the Goods and the cost of delivery, which the Customer is informed about on the Store’s pages during the Order placement, including at the time of expressing the will to enter into the Agreement.
  6. The Customer may choose from the following delivery or pickup methods for the ordered Goods:
    1. postal shipment,
    2. courier delivery,
    3. InPost parcel lockers.
    1. There are no delivery costs associated with the delivery of the Newsletter and free digital services.
  1. The client can pay for their order by selecting one of the following payment methods:
    1. bank transfer to the Seller’s account,
    2. debit card,
    3. credit card,
    4. electronic transfers,
    5. mobile payments, including BLIK.
  1. Detailed information about the available payment methods for specific Goods can be found in the Order Form.
  2. By entering into an Agreement with the Seller, the client agrees to receive invoices and their corrections electronically at the email address provided in the Order Form or in an email message sent to the Seller.

§9. Complaints
(Responsibility for Non-Conformity with the Agreement)

  1. The Seller is obliged to deliver to the Consumer and the Entrepreneur under consumer law a Good, content, or digital service that conforms to the Agreement (so-called consumer warranty).
  2. If the Consumer or the Entrepreneur under consumer law finds non-conformity with the Agreement, they should inform the Seller, specifying their claim related to the identified non-conformity (submitting a complaint).
  3. The client submits a complaint in writing or by email to the address provided in §3 of the Regulations.
  4. The complaint should include the client’s identifying information, a description of the subject of the complaint, and the requests related to it. In case of incomplete information, the Seller will request the client to complete it within 14 days from receiving the request, with a warning that failure to complete the deficiencies within the specified period will result in the complaint being left without consideration.
  5. The deadline for the Seller to consider the complaint is 14 days from the date of correctly submitted complaint to the Seller.
  6. The lack of response from the Seller within the specified period regarding a correctly submitted complaint constitutes acceptance of the complaint by the Seller.
  7. In the case where the client is not a Consumer or an Entrepreneur under consumer law, the Seller’s liability for physical or legal defects of the item is excluded (pursuant to Article 558§1 of the Civil Code).

§10. Right of Withdrawal from the Agreement

  1. The client, who is a Consumer or an Entrepreneur under consumer law, who has concluded a Distance Agreement with the Seller, may withdraw from the Agreement without giving any reason within 14 days. In the case of Goods, the deadline is calculated from the date of transfer of the Goods to the Consumer/Entrepreneur benefiting from consumer protection or to a person indicated by them, other than the carrier they chose for delivery of the Goods.
  2. To meet the deadline for withdrawing from the Agreement, it is sufficient for the Consumer/Entrepreneur on consumer terms to send information regarding the exercise of their right to withdraw from the Agreement before the expiry of the withdrawal period.
  3. The right to withdraw from a distance agreement does not apply to the Consumer in relation to:
    1. contracts for the provision of services, where the Consumer or the Entrepreneur under consumer law is obliged to pay the price, if the Seller has fully performed the service with the explicit consent of the Consumer or the Entrepreneur on consumer terms, who was informed before the provision began that after the service was fully performed by the Seller, they would lose the right to withdraw from the Agreement, and they have acknowledged this fact;
    2. Agreements, the subject matter of which is a non-prefabricated item, manufactured according to the Consumer’s/Entrepreneur’s individual specifications or serving to satisfy their individual needs;
    3. contracts for the supply of digital content (Digital Products) for which the Consumer or the Entrepreneur on consumer terms is obliged to pay a price, if the Seller has commenced the performance with the explicit consent of the Consumer or the Entrepreneur on consumer terms, who was informed before the commencement of the performance that upon performance by the Seller, they would lose the right to withdraw from the Agreement and they have acknowledged this fact, and the Seller has provided them with confirmation of the conclusion of the Agreement and confirmation of the consent to provide digital content under circumstances that result in the loss of the right to withdraw from the Agreement on a durable medium;
  1. To withdraw from an agreement that does not fall under the situations mentioned in the previous point, the Consumer/Entrepreneur under consumer law should inform the Seller of their intention to withdraw from the agreement by means of a declaration of will in writing sent by email or by mail to the address provided in §3 of the Regulations.
  2. For this purpose, the Consumer and the Entrepreneur under consumer law can use the form attached under this Regulation. However, this is not mandatory.
  3. In the event of withdrawal from the Agreement, the Seller shall refund all payments received, no later than 14 days from the day on which the Seller was informed of the withdrawal from the Agreement by the Consumer or Entrepreneur under consumer law. The Seller will make the refund using the same payment methods that were used in the original transaction, unless the Consumer/Entrepreneur under consumer law explicitly agreed to a different solution that does not entail any costs for them.
  4. The Seller may withhold the refund until the returned Good is received or until confirmation of its return is provided (whichever occurs earlier).
  5. The Consumer shall bear all direct costs of returning the Good, including the cost of packaging and shipping.
  6. The Consumer/Entrepreneur under consumer law is responsible for any decrease in the value of the Good resulting from the use of the product in a manner exceeding what is necessary to determine the nature, characteristics, and functioning of the Product.
  7. In the case of withdrawal from an agreement for the supply of digital content or a digital service, the Consumer and the Entrepreneur under consumer law are obliged to cease using the digital content or service and to refrain from providing them to third parties.

§11. Out-of-Court Dispute Resolution

  1. The Seller agrees to submit any disputes arising from distance contracts to mediation proceedings. Details will be determined by the conflicting parties.
  2. In a situation where the mediation proceedings do not produce results or the parties do not opt for mediation, and the client is not a Consumer or Entrepreneur under consumer law, the court competent to settle any disputes related to such agreements is the court with jurisdiction over the Seller’s registered office.
  3. The Consumer has the option to use out-of-court complaint resolution and claim enforcement methods. Among others, the Consumer has the possibility to:
    1. apply to the permanent consumer arbitration court with a request for resolution of a dispute arising from the concluded agreement,
    2. apply to the voivodship inspector of the Commercial Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute,
    3. use the assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
  4. The Consumer can also file a complaint through the EU online dispute resolution platform available at: http://ec.europa.eu/consumers/odr/.
  5. For more detailed information on out-of-court complaint resolution and claim enforcement methods, the Consumer can refer to the website http://www.uokik.gov.pl.

§12. Copyright

  1. Digital content available on the website, as well as materials included in Goods and digital services, are works and are protected by copyright law. These rights belong to the Seller or individuals cooperating with the Seller who have granted the Seller the necessary licenses.
  2. The client may use the above-mentioned content for the purpose of private use. This means that the client and users of the website can only use them for their own needs, including their own business activities, with the reservation that the purchaser is not entitled to provide them to third parties as their own product or service (for payment or free of charge).
  3. Clients interested in wider use of the above-mentioned content should contact the Seller and engage in individual negotiations.
  4. Unauthorized distribution of the content mentioned above may result in civil and criminal liability.

§13. Personal Data and Cookies

  1. The rules for processing personal data and using cookies are described in the Privacy and Cookies Policy available at jcsport.pl/polityka-prywatnosci.

§14. Final Provisions

  1. Agreements concluded by the Seller are made in the Polish language.
  2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e., changes in the law, changes in payment and delivery methods, to the extent that these changes affect the implementation of the provisions of this Regulation. The changes come into effect on the day of publication of the new Regulation. Changes do not apply to agreements concluded before the changes to the Regulations are introduced.
  3. In matters not covered by this Regulation, the generally applicable provisions of Polish law shall apply, in particular: the Consumer Rights Act, the Civil Code; the Entrepreneurship Law; the Act on the provision of electronic services; the General Data Protection Regulation (GDPR), and the Personal Data Protection Act.
  4. The Regulations apply to agreements concluded from January 18, 2023.

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