§ Preliminary provisions
1. The online shop Czapki reklamowe, available at the
website address www.czapkireklamowe.pl, is run by Jakub Słowik, conducting business activity under the business name JM Group, entered in the
Central Register and Information on Economic Activity (CEIDG) maintained by the
minister competent for the economy, NIP (tax identification number) 1231097508, REGON (statistical number) 140921585
2. These Terms of Sale apply to the English-language version of the Shop, which is addressed exclusively to
Entrepreneurs (business customers) established in the European Union who use the Shop, and set out the rules for using the online
Shop and the rules and procedure for concluding distance Sales Contracts with the Customer
through the Shop. The English-language version of the Shop does not sell to Consumers.
§ 2
Definitions
1. Consumer - a natural person concluding a contract with the Seller within the Shop,
the subject of which is not directly related to that person's business or
professional activity.
2. Seller - a natural person conducting business activity under the business name
JM Group, entered in the Central Register and Information on Economic
Activity (CEIDG) maintained by the minister competent for the economy, NIP 1231097508, REGON 140921585
3. Customer - any Entrepreneur making purchases through the Shop.
4. Entrepreneur - a natural person, a legal person or an organisational unit
without legal personality to which a separate statute grants legal capacity,
conducting business activity in its own name, which uses the Shop.
5. Shop - the online shop run by the Seller at the
website address www.czapkireklamowe.pl.
6. Distance Contract - a contract concluded with the Customer within the framework of
an organised system for concluding distance contracts (within the Shop), without
the simultaneous physical presence of the parties, with the exclusive use of one or
more means of distance communication up to and including the moment the contract
is concluded.
7. Terms of Sale - these terms of sale of the Shop.
8. Order - the Customer's declaration of intent submitted by means of the Order
Form and aimed directly at concluding a Sales Contract for a Product
or Products with the Seller.
9. Account - the customer account in the Shop, in which the data provided by
the Customer and information about the Orders placed by the Customer in the Shop are stored.
10. Registration Form - a form available in the Shop enabling the creation of
an Account.
11. Order Form - an interactive form available in the Shop enabling
an Order to be placed, in particular by adding Products to the Cart and
specifying the terms of the Sales Contract, including the method of delivery and payment.
12. Cart – an element of the Shop's software in which the Products selected by
the Customer for purchase are displayed and in which the Order data can be set and modified,
in particular the quantity of products.
13. Product - a movable item/service available in the Shop which is the subject of a Sales
Contract between the Customer and the Seller.
14. Sales Contract - a contract for the sale of a Product to be concluded or concluded between
the Customer and the Seller through the online Shop. Depending on the characteristics of the
Product, the term Sales Contract also means a contract for the provision of
services and a contract for specific work.
§ 3
Contacting the Shop
1. Seller's address: ul. Mickiewicza 1
05-504 Złotokłos
2. Seller's email address: [email protected]
3. Seller's telephone number: 509803999
4. Seller's bank account number: 37 1140 2004 0000 3902 4629 5351. Payments for orders delivered outside Poland are made to the Seller's EUR bank account in accordance with § 8(4).
5. The Customer may communicate with the Seller using the addresses and telephone
numbers given in this section.
6. The Customer may contact the Seller by telephone between 9.00 and 17.00.
§ 4
Technical requirements
To use the Shop, including browsing the Shop's product range and placing
orders for Products, the following are necessary:
a. a terminal device with access to the Internet and a web browser such as
Mozilla Firefox, Internet Explorer, Google Chrome, Safari, Microsoft Edge or Opera,
b. an active electronic mail (email) account,
c. cookies enabled,
d. the FlashPlayer program installed.
§ 5
General information
1. To the fullest extent permitted by law, the Seller shall not be
liable for disruptions, including interruptions in the operation of the Shop,
caused by force majeure, unlawful acts of third parties or
incompatibility of the online Shop with the Customer's technical infrastructure.
2. Browsing the Shop's product range does not require creating an Account. The Customer may place
orders for Products in the Shop's product range
either after creating an Account in accordance with § 6 of the Terms of Sale or by
providing the personal and address data necessary to fulfil the
Order without creating an Account.
3. Prices in the English-language version of the Shop are given in euros (EUR) and are net prices
(exclusive of VAT). Prices in EUR are converted from the Seller's prices in Polish zloty (PLN) at a fixed exchange rate set by the Seller. The price stated in the Order confirmation referred to in § 9(2) is binding.
3a. Customers established in a Member State of the European Union other than Poland who provide a valid EU VAT number (verified by the Seller in the VIES system) are invoiced without Polish VAT (intra-Community supply of goods; VAT is accounted for by the Customer under the reverse charge mechanism).
Customers established in Poland and Customers without a valid EU VAT number are charged Polish VAT at the rate of 23%.
4. The final (total) amount payable by the Customer consists of the price of the Product
and the cost of delivery (including charges for transport, delivery and postal services), of
which the Customer is informed on the Shop's pages when placing the Order,
including at the moment of expressing the will to be bound by the Sales Contract. For deliveries outside Poland, the cost of delivery is not calculated when the Order is placed; it is confirmed by the Seller by email after the Order has been placed, and the final amount is stated in the pro forma invoice referred to in § 8(4).
5. In the case of a Contract covering a subscription or the provision of services for an
indefinite period, the final (total) price is the total price covering all
payments for the settlement period.
6. Where the nature of the subject matter of the Contract does not, on a reasonable assessment, allow
the final (total) price to be calculated in advance, information on
the manner in which the price will be calculated, as well as on charges for transport,
delivery, postal services and other costs, will be given in the Shop in
the Product description.
§ 5a
Intellectual property and rules for using the Online Designers
1. The czapkireklamowe.pl website, including its source code, graphic layout, texts, photographs, videos, databases and the design tools made available on it (the “Online Designers”: the embroidery online designer and the jacquard beanie online designer — in particular their code, 3D models and visualisations, textures, colour and yarn palettes, pattern templates and pricing mechanisms), is the property of the Seller or is used under licence, and is protected under the Polish Act of 4 February 1994 on Copyright and Related Rights and other provisions on the protection of intellectual property.
2. The Seller grants the Customer a free-of-charge, non-exclusive and non-transferable licence to use the Online Designers solely for the purpose of preparing the Customer's own design and submitting an enquiry or placing an Order in the Shop.
3. Without the Seller's prior written consent, it is prohibited in particular to: copy, reproduce, modify, decompile or reverse engineer the code of the Online Designers; automatically download (scrape) the content of the Website, including price lists and visualisations; use the Website, the Online Designers or any of their elements to create competing products or to train artificial intelligence models; make the Online Designers available within other websites (including by embedding).
4. A design prepared by the Customer in an Online Designer (pattern, logo, colour scheme) remains the property of the Customer or of the entity holding the rights to it. The Customer represents that it holds the rights to the materials it submits (in particular logos) and grants the Seller a licence to use them to the extent necessary to prepare a quote and visualisations and to fulfil the Order.
5. Breach of paragraphs 1–3 may give rise to claims by the Seller under the provisions on the protection of intellectual property.
§ 6
Creating an Account in the Shop
1. To create an Account in the Shop, the Registration Form must be completed. The following data
must be provided: first name and surname, residential address, email address, telephone number.
2. Creating an Account in the Shop is free of charge.
3. The Customer logs in to the Account by entering the login and password set in
the Registration Form.
4. The Customer may at any time, without giving any reason and without incurring
any charges, delete the Account by sending an appropriate request to
the Seller, in particular by email or in writing
to the addresses given in § 3.
§ 7
Rules for placing an Order
To place an Order, the Customer should:
1. log in to the Shop (optional);
2. select the Product to be ordered and then click the “Add to cart”
button (or equivalent)
3. log in or use the option of placing an Order without registration;
4. if the option of placing an Order without registration has been chosen - complete the Order
Form by entering the details of the recipient of the Order and the address to which
the Product is to be delivered, select the type of shipment (method of delivery of the
Product), and enter the invoice details if they differ from the details of the recipient of the Order,
5. click the “Order and pay” button/click the “Order and pay” button and
confirm the order by clicking the link sent in the email message,
6. select one of the available payment methods and, depending on the payment method,
pay for the order within the specified time, subject to § 8(3); for orders delivered outside Poland, payment is made in accordance with § 8(4).
§ 8
Delivery and payment methods offered
1. The Customer may use the following methods of delivery or collection of the ordered
Product:
a. Courier shipment within Poland and to other Member States of the European Union,
b. Cash-on-delivery courier shipment (within Poland only),
c. Personal collection available at: ul. Instalatorów 23 brama 9 (gate 9), 02-237 Warszawa
2. The Customer may use the following payment methods:
a. Payment on collection
b. Cash on delivery (within Poland only)
c. Payment by bank transfer to the Seller's account
3. Detailed information on delivery methods and accepted payment methods
can be found on the Shop's pages.
4. For deliveries outside Poland, the cost of delivery is not calculated in the Order Form. The Seller confirms the cost of delivery to the Customer by email after the Order has been placed and sends the Customer a pro forma invoice stating the final amount to be paid.
For such orders, payment is made exclusively by bank transfer to the Seller's EUR bank account, and the Customer makes the payment only after receiving the pro forma invoice with the final amount.
§ 9
Performance of the Sales Contract
1. The Sales Contract between the Customer and the Seller is concluded after
the Customer has placed an Order using the Order Form in
the online Shop in accordance with § 7 of the Terms of Sale.
2. After the Order has been placed, the Seller promptly confirms its receipt and
at the same time accepts the Order for fulfilment. Confirmation of receipt of the
Order and of its acceptance for fulfilment is made by the Seller sending
the Customer an appropriate email message to the Customer's email address provided when placing
the Order, which contains at least
the Seller's statements that the Order has been received and accepted for fulfilment,
and confirmation of the conclusion of the Sales Contract. Upon the Customer's receipt of
the above email message, the Sales Contract between the Customer and
the Seller is concluded.
3. Where the Customer chooses:
a. payment by bank transfer, electronic payment or payment by payment card, the Customer
is obliged to make the payment within the time limit agreed individually with the Seller. For orders delivered outside Poland, payment is made by bank transfer to the Seller's EUR bank account after the Customer has received the pro forma invoice referred to in § 8(4).
b. cash on delivery on receipt of the shipment, the Customer is obliged to make
the payment on receipt of the shipment.
c. cash payment on personal collection of the shipment, the Customer is obliged to make
the payment on collection of the shipment within the time limit agreed individually with the Seller.
4. If the Customer has chosen a method of delivery other than personal collection, the Product will be
dispatched by the Seller within the time stated in its description (subject to
paragraph 5 of this section), in the manner chosen by the Customer when placing
the Order.
5. A In the case of an order for Products with different delivery times, the delivery
time is the longest of the times stated.
B In the case of an order for Products with different delivery times, the Customer may
request that the Products be delivered in parts or that all
the Products be delivered once the whole order has been completed.
6. The delivery time of the Product to the Customer is calculated as follows:
a. Where the Customer chooses payment by bank transfer - from the day on which the bank account
of the Seller is credited.
b. Where the Customer chooses cash on delivery – from the day of
conclusion of the Sales Contract,
6. Where the Customer chooses personal collection of the Product, the Product will be ready
for collection by the Customer within the time stated in the Product description. The Customer will
additionally be informed by the Seller that the Product is ready for collection by means of
an appropriate email message sent to the email address provided by the Customer when
placing the Order.
7. In the case of an order for Products with different times of readiness for collection,
the time of readiness for collection is the longest of the times stated.
8. The time of readiness of the Product for collection by the Customer is calculated
as follows:
a. Where the Customer chooses payment by bank transfer - from the day on which the bank account
of the Seller is credited.
b. Where the Customer chooses cash payment on personal collection – from
the day of conclusion of the Sales Contract.
9. The Product is delivered within the territory of the European Union.
10. Delivery of the Product to the Customer is subject to a charge, unless the Sales Contract provides
otherwise. The costs of delivery of the Product (including charges for transport, delivery and postal
services) are indicated to the Customer on the pages of the online Shop in the “Delivery
costs” tab and when placing the Order, including at the moment the Customer expresses
the will to be bound by the Sales Contract. For deliveries outside Poland, the cost of delivery is confirmed by the Seller by email after the Order has been placed, in accordance with § 8(4).
For domestic orders (delivery within Poland) with a value of PLN 1,000 net or more, delivery is free of charge.
11. Personal collection of the Product by the Customer is free of charge.
§ 10
Right of withdrawal from the contract
1. The right of a Consumer to withdraw from a distance contract within 14 days without giving any reason
does not apply to Sales Contracts concluded through the English-language version of the Shop, as it serves business customers (Entrepreneurs) only.
§ 11
Complaints and guarantee
version for shops selling new products
1. The Sales Contract covers new Products.
2. The Seller is obliged to deliver to the Customer an item free from defects.
3. In the event of a defect in goods purchased from the Seller, the Customer is entitled
to file a complaint on the basis of the provisions of the Polish Civil Code on statutory warranty for defects.
4. Complaints should be submitted in writing or electronically to the addresses of the Seller given in these
Terms of Sale.
5. It is recommended that the complaint should include, among other things, a brief description of the defect, the circumstances (including
the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request
in connection with the defect of the goods.
6. The Seller will respond to the complaint without undue delay.
7. Goods returned under the complaint procedure should be sent to the address
given in § 3 of these Terms of Sale.
8. Where a guarantee has been granted for the Product, information about it, as well as
its content, will be included in the Product description in the Shop.
§ 12
Out-of-court complaint handling and redress procedures
1. The out-of-court methods of handling complaints and pursuing claims available to Consumers
do not apply to the English-language version of the Shop, as it serves business customers (Entrepreneurs) only.
§ 12
Personal data in the online Shop
1. The controller of the personal data of Customers collected via the online
Shop is the Seller.
2. The personal data of Customers collected by the controller via the online
Shop are collected for the purpose of performing the Sales Contract and, if the Customer consents
to this, also for marketing purposes.
3. The recipients of the personal data of Customers of the online Shop may be:
a. In the case of a Customer who uses the method of delivery by postal shipment
or courier shipment in the online Shop, the Controller makes the collected personal data
of the Customer available to the selected carrier or intermediary handling
shipments on behalf of the Controller.
b. In the case of a Customer who uses the method of electronic payment
or payment by card in the online Shop, the Controller makes the collected personal data
of the Customer available to the selected entity handling these payments in the online
Shop.
4. The Customer has the right to access and rectify their data.
5. The provision of personal data is voluntary; however, failure to provide the personal data indicated in
the Terms of Sale which are necessary to conclude the Sales Contract results in
the inability to conclude that contract.
§ 13
Final provisions
1. Contracts concluded through the online Shop are concluded in the Polish language.
2. The Seller reserves the right to amend the Terms of Sale for important
reasons, namely: changes in the law, changes in payment and delivery methods - to the extent
that these changes affect the implementation of the provisions of these Terms of Sale. The Seller will inform the Customer
of each amendment at least 7 days in advance.
3. In matters not governed by these Terms of Sale, the generally applicable
provisions of Polish law shall apply, in particular: the Civil Code;
the Act on Providing Services by Electronic Means; the Consumer Rights Act; the Act on
the Protection of Personal Data.
4. The out-of-court complaint handling and redress procedures, including the EU online dispute resolution (ODR) platform, are intended for Consumers
and do not apply to the English-language version of the Shop, which serves business customers (Entrepreneurs) only.
5. This English version of the Terms of Sale applies to orders placed through the English-language shop.