TERMS & CONDITIONS

§1 Terms

1. Business days - days of the week from Monday through Friday, excluding public holidays under the applicable law.
2. Supplier - entrepreneur (courier company specializing in shipment delivery) chosen by the Seller for supplying Goods to Customers.
3. Shipping - type of transportation service, including the identity of the carrier and the cost specified in the shipping price list. The costs of shipping to specific country will be provided in the Checkout Process.
4. Proof of purchase - invoice, bill or receipt issued pursuant to the Act of 11 March 2004 on Tax on Goods and Services, as amended, and other applicable laws.
5. Product sheet - a single sub-page of the Store containing information about a single product.
6. Customer (or Consumer) - adult person with full legal capacity; legal person or organizational entity without legal personality but with legal capacity that makes a purchase directly related to their business or professional activity.
7. Civil Code - Civil Code Act of 23 April 1964, as amended.
8. Code of Good Practice - set of rules of conduct, in particular ethical and professional standards, as referred to in Art. 2, Sec. 5 of the Act of 23 August 2007 on Combating Unfair Commercial Practices, as amended.
9. Shopping cart - list of products comprising products offered for sale in the Store, based on the Buyer’s shopping decisions.
10. Buyer - both Consumer and Customer.
11. Place of delivery of goods - postal address indicated by the Buyer during placing an order.
12. Payment - method of payment for the Subject of the Agreement and shipping, as specified in Payments.
13. Consumer law - Act of 30 May 2014 on Consumer Rights.
14. Product – minimal and indivisible amount of things that can be procured and which is shown in the Seller’s store as a unit of measure in determining the price (price per unit).
15. Subject of the Agreement – goods and shipping that form the subject of the agreement.
16. Online store – website julovi.com through which the Buyer can place an order.
17. Seller: JU-LOVI s.c.; Jeżynowa 12, Poland; EU VAT ID: PL1118-215-29-85; REGON (National Official Business Register): 36814461; BANK ACCOUNT: PL 37 1140 2004 0000 3512 0594 8460

18. Goods - product presented by the Seller in the Store’s website, which can be the Subject of the Sales Agreement
19. Sales Agreement - contract of sale concluded between the Customer and the Seller at a distance, on the terms and conditions specified in the T&C.
20. Physical defect - incompatibility of goods sold within the Agreement, in particular if the object:
   a) has no characteristics expected within the objective of the Agreement, determined or resulting from circumstances or purpose of use;
   b) has no characteristics about the existence of which the Seller informed the Consumer;
   c) is not suitable for the purpose indicated by the Consumer at the conclusion of the Agreement, whereas the Seller has not raised any objections to that purpose.
   d) has been delivered to the Consumer incomplete.
21. Order - Buyer's declaration of intent made via the Store, specifying clearly: type and quantity of products; type of shipping; payment method; place of delivery of goods; Buyer's data, leading to the direct conclusion of the Agreement between the Buyer and the Seller.
22. Seller’s address: JU-LOVI s.c.; Jeżynowa 12, 05080 Hornówek, Gmina Izabelin, Poland

§2 General Conditions

1. All rights to the online store - including copyrights, intellectual property rights to its name, its online domain, website as well as benchmarks, forms and images presented on the Store’s website for purposes of goods presentation - belong to the Seller, and they can be used only as specified and in accordance with the T&C, and upon the Seller’s prior approval expressed in writing.
2. The Seller shall endeavor to make the online Store available for online Users through all popular web browsers, operating systems, device types and Internet connections, in particular the following web browsers: Internet Explorer (version 7 or higher), FireFox (version 3 or higher), Opera (version 9 or higher), Chrome (version 10 or higher), Safari with the latest Java and Flash updates, on screens with horizontal resolution higher than 1024 pixels. Using third-party software extensions for Internet Explorer, FireFox, Opera, Chrome and Safari may affect the correct display of the store’s website. Therefore, for full functionality of julovi.com, those extensions should be turned off. The Store’s website is responsive and dynamically adapts to any screen resolution.
3. The Buyer can have their data saved by the online Store in order to facilitate the process of placing next orders. For this purpose, the Buyer shall enter their login and password in order to access the account. Both login and password are a string of characters chosen by the Buyer who must keep them secret and protect them against unauthorized access by third parties. The Buyer can at any time access, modify, update and delete the account.
4. The Seller shall adhere to the Code of Good Practice.
5. The Customer must not use the resources and functions of the Store for conducting their own activities that could potentially undermine the interests of the Seller.
6. The Consumer may turn to extrajudicial means of dealing with complaints and redress. In order to take advantage of the possibility of an amicable settlement of disputes relating to online shopping, the Consumer may submit their complaint e.g. via the European Union’s online platform ODR, available at: http://ec.europa.eu/consumers/odr/

§3 Conclusion of the Agreement and Order Fulfillment

1. The information contained on the Store’s website shall not constitute the Seller’s offer within the meaning of the Civil Code, and shall be deemed merely an invitation for the Customer to place an order and conclude the Sales Agreement.
2. Orders can be placed 24 hours a day.
3. To place an order, the Buyer must proceed through the following steps, some of which may have to be repeated several times:
  a) Add product to shopping cart
  b) Choose shipping method (applicable only for shipment abroad or parcel machines)
  c) Choose payment method
  d) Choose place of delivery of goods
  e) Place an order by clicking “Place an order”
4. Placing an order shall amount to submitting by the Customer an offer for conclusion of the Sales Agreement for Goods covered by the Subject of the Agreement.
5. Once the order has been placed, the Seller shall send the Customer a confirmation e-mail to the e-mail address indicated.
6. Once the order has been confirmed, the Seller shall send the Customer an e-mail with the order fulfillment information to the e-mail address indicated.
7. Information on the fulfillment of the order shall constitute the Seller’s acceptance of the offer referred to in §3.4 above, and its receipt by the Customer shall amount to conclusion of the Sales Agreement.
8. Once the Sales Agreement has been concluded, the Seller shall confirm its T&C to the Customer by sending to them to the Customer’s e-mail address, or by regular post to the address indicated by the Customer during placing the order.
9. Orders to be paid for upon delivery will be fulfilled immediately after conclusion of the Agreement, while orders paid for via bank transfer or electronic payment system will be fulfilled once the Agreement has been concluded and the payment has been processed.
10. The purchased Subject of the Agreement will be shipped to the Buyer to the address indicated, along with the chosen sales document. The fulfilled order shall include the receipt and the withdrawal form.

§4 Right of Withdrawal

1. The Consumer shall have the right, pursuant to Art. 27 of the Consumer Law, to withdraw from a distance agreement, without stating any reason and at no cost, with the exception of charges referred to in Art. 33 and Art. 34 of the Consumer Law.
2. The time to withdraw from a distance agreement is 14 days after delivery of Goods. To meet the deadline it is enough to submit the relevant notice within that period.
3. The notice of withdrawal may be submitted by the Consumer as a form the sample of which has been attached as Annex 2 to the Consumer Law, as a form to be found in Return form or any other form consistent with the Consumer Law.
4. The Seller shall immediately send the Consumer an e-email (to the address indicated during the conclusion of the Agreement or the one provided in the withdrawal form) confirming the receipt of the notice of withdrawal.
5. In the event of withdrawal, the Agreement shall be deemed null and void.
6. The Consumer shall be required to immediately return the Goods to the Seller, but not later than 14 days from the date of withdrawal. To meet the deadline it is enough to ship back the Goods within that period.
7. The Consumer shall return the Goods forming the Subject of the Agreement from which they have withdrawn at their own expense and risk.
8. The Consumer shall be responsible for any decrease in value of the Subject of the Agreement resulting from using it in a way that exceeds what is necessary for establishing the characteristics and functioning of the items.
9. The Seller shall immediately, and not later than 14 days from the date of receipt of the notice of withdrawal, return all payments made by the Consumer, including the shipping costs. If the Consumer has chosen a shipping method different than the least expensive option, the Seller shall not be obliged to return those additional costs in accordance with Art. 33 of the Consumer Law.
10. The Seller shall issue a refund using the same payment method opted for by the Consumer during placing the order, unless the Consumer has expressly agreed to another form of refund that would not incur any additional charges on them. If the payment has been made by credit card, the Seller shall issue a refund to the bank account assigned to that card.
11. The Seller may withhold the refund until they receive their Goods back from the Consumer or receive a proof of their return, depending on which occurs first.
12. In accordance with Art. 38 of the Consumer Law, the Consumer shall not be entitled to withdraw from the Agreement if:
  a) the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement;
  b) the Subject of the Agreement is non-prefabricated, i.e. not manufactured according to the specifications of the Consumer or not able to satisfy their individual needs.
13. For information on how to return the Goods, see Returns and Complaints.

§5 Warranty

1. The Seller shall be liable to the Consumer under the terms of Art. 556 of the Civil Code and others for defects (warranty).
2. If the item sold has a defect, the Consumer may:
   a) submit a notice requesting price reduction;
   b) submit a notice of withdrawal from the Agreement;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item or repairs the faults. If, however, the item has already been replaced or repaired by the Seller, or the seller has not satisfied the obligation to replace the item or repair the faults, they shall no longer be entitled to replacement or repair.
3. The Consumer may request replacement instead of repair, and vice versa, unless their request is contractually impossible or would incur excessive costs in comparison with the method proposed by the Seller, whereby the evaluation of these costs accounts for the value of the items free from defects, the nature and significance of the defect, and also the inconvenience to which the Consumer would be otherwise subject.
4. The Consumer cannot withdraw from the Agreement if the defect is irrelevant.
5. If the item sold is flawed, the Consumer may also:
    a) request to have the item replaced;
    b) request to have the item repaired.
6. The Seller shall have the right to refuse redress if repairing the defected item as chosen by the Buyer is impossible or would incur excessive costs in comparison with another alternative.
7. The Consumer who exercises the rights under warranty shall be obliged to deliver, at the Seller's expense, the defective item to the address indicated for handling complaints.
8. The costs of replacement or repair shall be borne by the Seller.
9. The Seller shall be obliged to receive the defective item from the Consumer in case of replacement or their withdrawal from the Agreement.
10. Within 14 days, the Seller shall address the following:
  a) notice requesting price reduction;
  b) notice of withdrawal from the Agreement;
  c) replacement request;;
  d) repair request.
It is otherwise assumed that the Seller has found the Consumer’s notice or request reasonable.
11. The Seller shall be under warranty if the physical defect has been detected within two years from delivering the item to the Consumer. The Consumer’s claim for repair or replacement expires after one year from the date of discovering the defect, but not sooner than two years from delivering the item to the Consumer.
12. Within the deadlines set out in §5.12 and §5.13, the Consumer may submit a notice of withdrawal from the Agreement or request price reduction due to physical defects found in the item sold. If the Consumer demands replacement or repair, the deadline to notify of withdrawal or request price reduction commences with ineffective expiry of the date provisioned for replacements or repairs.
13. In the event of an investigation held before a court or arbitral tribunal of one of the rights under the warranty, the deadline for execution of other rights enjoyed by the Consumer in respect thereof shall be suspended until completion of these proceedings. This applies respectively to mediation proceedings, whereas the deadline for the execution of other rights under the warranty enjoyed by the Consumer shall be counted from the date of court’s refusal to approve the settlement agreement before the mediator or ineffective termination of mediation.
14. If obliged to provide a financial statement to the Consumer, the Seller shall do so without undue delay and no later than the legally provisioned period of time.
15. For information regarding complaints related to the Goods, see Returns and Complaints.

§ 6 Privacy policy and personal data security

1. The Seller is the administrator of the databases of personal data submitted by Consumers of the Store.
2. The Seller hereby agrees to protect personal data in accordance with the Act of 29 August 1997 on Personal Data Protection and the Act of 18 July 2002 on Electronic Services. By sharing their personal data, the Buyer agrees to their processing by the Seller in order to fulfill the order. The Buyer may at any time access, modify, update or delete their personal data.
3. For detailed rules regarding collection, processing and storage of personal data used for the fulfillment of orders by the Store, see Privacy Policy.


§7 Final provisions


1. None of the provisions of these T&C intends to affect the rights of the Buyer. Neither can it be interpreted in this way since in the event of non-compliance of any part of the T&C with the applicable law, the Seller shall declare unconditional surrender and immediate application of the relevant law in place of the challenged provision of the T&C.
2. The registered Buyers will be notified by e-mail (sent to the address indicated during the registration or order placement) of any changes to the T&C and their scope. The notification should be sent at least 30 days before new regulations enter into force. The changes will be introduced in order to adapt the regulations to the current legal status.
3. The current version of the T&C is always available to the Buyer under the relevant section on the store’s website (julovi-com-termsconditions). In the course of the Agreement, as well as throughout the period of maintenance plan, the Buyer shall remain legally bound by the T&C approved by them  when placing the order, except when the Consumer finds it less favorable than the current T&C and informs the Seller about their preference.
4. The relevant legal provisions should apply to any matters not covered by these T&C. If the consumer expresses such a wish, any disputes shall be solved through mediation proceedings held before the Provincial Inspectorates of the Trade Inspection (Polish: Wojewódzkie Inspektoraty Inspekcji Handlowej), a process held before the arbitration court at the Regional Inspectorate of Trade Inspection or through equivalent and lawful pre-court or post-court dispute resolution methods designated by the Consumer. As a last resort, the matter should be settled by the competent court.