TERMS AND CONDITIONS OF THE SmokeThese.com / JarajTo.pl ONLINE STORE
§ 1. Introductory provisions
These regulations define the conditions for the sale and disposition of services by electronic means on the Website available at https://smokethese.com run by Mikołaj Marciniak running a business under the name TABUN Mikołaj Marciniak registered in the Central Register and Information on Economic Activity conducted by the Minister of Economy, performed in Chodzież (64-800), POLAND at the street. Podanin 50, TAX CODE: 6070085358, REGON: 367743030.
- The Customer may contact the Seller and submit a complaint using the following contact details:
- mailing address: TABUN, the street. Podanin 50, 64-800 Chodziez, POLAND
- email address: [email protected]
- telephone: +48 883-883-259
- The expressions used in these Regulations are assigned the following meaning:
- Seller - Mikołaj Marciniak running a business under the name TABUN Mikołaj Marciniak
- Customer - a natural person, legal person or an organizational unit without legal capacity, to which a special law grants legal capacity, concluding a sales contract or contract for the provision of electronic services with the Seller via the Website,
- Consumer - a customer who concludes a contract with the entrepreneur not related directly to his business or professional contract,
- Account - a service provided by the Seller electronically, consisting of enabling the creation and maintenance of an account on the Website, facilitating the conclusion of contracts for the sale of goods,
- Newsletter - a service provided by electronic means consisting of the cyclical sending of information provided by the Customer, in particular relating to the commercial offer of the Seller,
- Regulations - these regulations,
- Website - website available at https://smokethese.com
- Product - the subject of the sales contract concluded by the Customer with the Seller.
- The Seller uses the following methods of communication with the Customer:
- forms included on the Website,
- telephone contact,
- postal correspondence.
- Information about the goods provided on the Website, particularly their descriptions, technical and functional parameters, and prices, constitute an invitation to conclude a contract, within the meaning of art. 71 of the Civil Code.
§ 2. Use of the Website
- Using the Website is possible via the Account or without registering the Account, by providing the data necessary to conclude a sales contract.
- To register an account, it is necessary to provide the Customer's real personal data and confirm the registration by clicking the link generated to the Customer's email address.
- The condition for registering an Account is accepting the Regulations.
- The Account allows you to remember shipping data and order history, receive discounts, give opinions on products, and keep detailed statistics of your activities on the Website.
- The Customer may resign from keeping the Account at any time by making an appropriate instruction in the Account settings.
- The Customer is obliged to use the Website in a manner consistent with applicable law and the principles of social coexistence. The Customer is prohibited from:
- providing illegal content,
- using the Website in a way that disrupts its functioning or is burdensome for other Customers,
- use the content of the Website in a way that goes beyond your personal use.
- The Seller may deprive the Customer of the right to use the Customer Service who, in the process of registering an account or placing an order without registration, intentionally provided false data or, despite being requested, did not immediately stop breaking the provisions of the above paragraph.
§ 3 Terms of sale
- The products offered on the Website are brand new, free from physical and legal defects, and have been legally placed on the market. However, the Seller reserves the right to offer post-exhibition products that will be appropriately marked and described.
- Prices of all products presented on the Website are expressed in USD and include TAX. The gross price of the product does not include the shipping cost unless the product description states otherwise.
- To conclude a sales contract, go to the Website, select products by placing them in the basket, and then proceed to order processing by clicking the "order" button, and then follow the displayed messages.
- The conclusion of the contract is possible via the Account or by placing an order without logging in, after providing real personal data enabling the order to be processed.
- To conclude a sales contract, it is necessary to accept the Regulations.
- To complete the order, click the "order with payment obligation" button. Clicking this button results in a sales contract's conclusion and results in the obligation to pay the price of the goods plus shipping costs.
- After placing the order, the Customer receives an email confirming the order.
- If you choose to pay by bank transfer to the Seller's bank account, the Customer should make the payment within three days. After the deadline mentioned above, the Seller may cancel the order.
- If you choose a personal collection, the Customer should collect the goods within seven days. After the expiry of the deadline mentioned above, the Seller may cancel the order, unless the Customer has made a prepayment to the Seller's bank account, payment via the instant payment system or has chosen an installment payment.
- If the Customer selects the payment method by bank transfer or payment card, the order processing time is counted from the date of crediting the Seller's bank account or settlement account.
- The Seller performs the service within ten business days. The service's performance is understood as delivering the goods to the Customer or informing about the possibility of its collection at the Seller's premises, depending on the method of delivery chosen by the Customer.
- The Seller makes every effort to ensure that the goods on the Website match the current inventory of the Seller. In the event of unavailability of all or part of the products covered by the order, the Seller shall immediately notify the Buyer. In the event of payment of the price by the Buyer, he will return the entire sum of money received from him.
- Delivery of goods is possible in the following ways:
- by personal collection at the Seller's premises or at the Seller's branch at the street Podanin 50, 64-800 Chodziez
- via courier.
The Seller offers the following payment methods:
- by transfer to the Seller's bank account in three currencies: Euro, USD, PLN.
- by credit or debit card. Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro. If there is a need to return funds for a transaction made by the Customer with a payment card, the Seller will refund to the bank account assigned to the payment card of the Ordering Party.
- By the i-Payments instant payments system. Settlements of transactions by credit card and e-transfer are carried out
The Seller is the administrator of the Customer's data.
- The Seller collects the following personal data of the Customer:
- First Name
- company name
- Phone number
- To protect the Customer's data, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular steps to prevent unauthorized acquisition and modification of personal data sent on the Internet.
- The Customer has the right to access their data and correct them.
- Providing data by the Customer is voluntary, but necessary to conclude a sales contract and a contract for the provision of electronic services.
- The Customer's data provided when concluding a sales contract or setting up an Account are processed based on art. 23 of the Act of August 29, 1997, on the Protection of Personal Data (i.e., Journal of Laws of 2014, item 1182), i.e., to perform the contract.
- The Customer's data is not shared with third parties.
- The Seller, only to perform the contract, may entrust personal data processing to third parties (in particular: postal service providers, courier companies, hosting service providers).
- A newsletter that may contain commercial information within the meaning of the Act of July 18, 2002, on the provision of electronic services (i.e., Journal of Laws of 2013, item 1422) may be sent to the Customer based on his separate consent. This consent may be withdrawn at any time.
- The Customer may also give optional consent to the processing of his data for the Seller to send to the email address indicated in the order: questionnaire for the evaluation of the ordering process, order evaluation questionnaire and product evaluation questionnaire and confirmation of the transaction being covered by the Buyer Protection Program.
5. Warranty and guarantee
The Seller is obliged to provide the Buyer with items without defects.
- The Seller is liable to the Buyer if the goods have a physical or legal defect.
- A physical defect consists of the non-compliance of the goods with the contract, particularly when the products:
- does not have properties that this type of goods should have due to the purpose indicated in the agreement or resulting from the circumstances or destination;
- does not have features that the Seller has provided to the Customer, including by presenting a sample or pattern;
- it is not suitable for which the Customer informed the Seller after the contract, and the Seller did not raise any objections to such intended use;
- was delivered to the Buyer incomplete.
- In the event of a physical defect, it can use the following rights as an alternative:
- submitting a declaration of a price reduction or withdrawal from the contract
- demand that the goods be repaired or replaced with products free from defects
- The right to provide a statement of withdrawal from the contract or price reduction is not due if the Seller immediately, without undue inconvenience to the Customer, replaces the goods or removes the defect. However, this limitation does not apply if the products have previously been replaced or repaired by the Seller.
- The Seller is liable under the warranty if the defect is found before the expiry of two years from the date of delivery of the goods to the Customer.
- The Seller is not the producer of the goods. If the products are covered by the Manufacturer's or Importer's guarantee, they are liable under the guarantee of the goods sold on the terms and for the period specified in the guarantee card. If the warranty document provides such a possibility, the Customer may submit his claims under warranty directly to an authorized service center whose address is on the warranty card.
- If the Seller's warranty covers the goods, the provisions of § 6 of the Regulations shall apply, taking into Account the differences marked on the warranty card.
- The implementation of warranty claims does not preclude claims under warranty for physical defects.
6. Complaints about the goods
Complaints about the goods for non-compliance with the contract should be reported as follows:
- by letter or in person at the following address: TABUN, the street Podanin 50, 64-800 Chodziez, Poland
- at the email address: [email protected]
- In the event of any damage to the goods that may be related to the delivery, to improve the complaint procedure, it is recommended to report them within 24 hours from the date of receipt of the shipment at the email address: [email protected] (reporting a complaint about goods purchased online) and within seven days directly at the GLS courier company.
- Any damage to the equipment that may be related to the delivery, despite the lack of damage to the outer packaging (mechanical damage to the contents of the shipment, quantitative deficiencies, incompleteness of the shipment, etc.), it is recommended that the Customer report it within 24 hours from the date of receipt of the delivery to the email address [email protected] (filing a complaint about goods purchased via the Internet) and prepared a damage report in this regard.
- The Seller undertakes to consider the complaint within 14 days of its receipt, and if in particularly justified cases it turns out to be impossible - to inform the Customer within this period about the reasons for this state of affairs and about the final date of considering the complaint.
- The complaint should include the Customer's data enabling the claim to be processed, a description of the non-compliance of the goods with the contract, and information about the complaint request.
- The advertised goods should be delivered to the headquarters of the store website indicated in the tab on the Website https://jarajto.pl/pl/i/Gwarancja/14. It is recommended that the delivery of the products be preceded by informing the Seller about the complaint by sending information by email to the address [email protected]
- It is recommended that each Customer mark the claim, emphasizing the parcel with the word "COMPLAINT."
- After considering the complaint, the Customer receives relevant information describing the course of the claim on the Website.
- Receipt of the advertised equipment takes place in the place and form in which the goods were delivered to the Seller.
- The goods under complaint must be picked up within 30 days of notifying the Customer about the end of the complaint procedure if the goods are not collected in this. Within 14 days from the date of delivery of the request, the Seller will request the Customer in writing to obtain the equipment. After the expiry of the additional deadline, the Seller is entitled to charge fees for the non-contractual storage of the goods. This fee is 5% of the currently applicable rate for 1 m2 of warehouse space in the city of the Seller's seat, charged for each month of storage.
- In the case of sale of goods in trade between entrepreneurs under art. 558 § 1 of the Civil Code the parties exclude the Seller's liability under warranty for physical and legal defects of things, in particular, agree that he is not responsible for hidden defects of the object of sale.
- Accordingly, when purchasing on a company basis, all products' warranty period is 12 months from the date of purchase.
7. Complaints about services provided electronically
The Seller undertakes to ensure the proper use of the Website, following the currently available technical knowledge.
- The Customer should immediately notify the Seller about the defects in the functioning of the Website, and the Seller undertakes to remove these defects as soon as possible quickly.
- The Customer may submit complaints regarding the functioning of the Website in the following way:
- by letter or in person at the following address: TABUN, the street Podanin 50, 64-800 Chodziez, Poland
- at the email address: [email protected]
- In the complaint, the Customer should provide data enabling his identification and indicate the type of defect.
- The Seller undertakes to consider the complaint within 14 days of its receipt. If in particularly justified cases it turns out to be impossible - to inform the Customer within this period about the reasons for this state of affairs and about the final date of considering the complaint.
8. Withdrawal from a distance contract
The Customer has the right to withdraw from a distance contract within 14 days without giving any reason and without incurring costs, except for those specified in the Regulations.
- The terms mentioned above start to run from when the consumer or a third party designated by him, other than the carrier, takes possession of the goods.
- The Customer has the right within an additional ten days from the expiry of the deadline specified in §8 point 1, withdraw from a distance contract, stating the reason for the withdrawal. The cost of return and other specified in the regulations (including the responsibility for reducing the value of the goods) after the statutory deadline set out in §8 point 1, is borne by the Buyer.
- To meet the deadline, it is enough to send a statement of withdrawal from a distance contract.
- The declaration must be submitted in writing by sending it to the Seller's address. The Customer may use the template in the tab at https://jarajto.pl/pl/i/Zwroty/13
- As a result of a legally capable withdrawal from a distance contract, the contract is considered void.
- The Seller, within 14 days of receiving the declaration of withdrawal, is obliged to return the payments made by the Customer (including the cost of shipping to the Customer) using the same method as the consumer made the payment.
- The Seller is not obliged to reimburse the Customer for excess delivery costs resulting from a method other than the cheapest standard method offered by the Seller.
- The Customer is obliged to return the goods to the Seller within 14 days from the date he withdrew from the contract and meet the deadline. It is enough to send the goods before its expiry.
- The Customer bears the direct costs of returning the items to the Seller.
- The Customer is responsible for the decrease in the value of the goods due to using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
- The right to withdraw from a distance contract, concerning contracts:
- in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs,
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
- The subject of the service is sound or visual recordings or computer software delivered in a sealed package if the package has been opened after delivery.
9. Reviews about the online store
The Online Store customer has the option to voluntarily and free of charge issue an opinion on purchases made in the Online Store. The subject of the opinion may also be an assessment, photo, or review of the purchased product in the Online Store.
- After making purchases in the Online Store, the Seller sends an email to the Customer asking for an opinion and a link to the online form enabling its issuing - the online form allows you to answer the Seller's questions about purchases, evaluate them, add your description of the opinion and a photo of the purchased product. If no opinion is issued after receiving the first email, the Seller repeats the sending of the email once seven days from sending the first email.
- The opinion may only be issued by the Customer who made purchases in the Seller's Online Store.
- The opinions issued by the Customer are published by the Seller in the Online Store and are available to all visitors of the Online Store.
- For issuing the opinion, the Seller shall each time grant the Customer who issued the opinion a one-time discount code for purchases in the Online Store with a value of 5% to be used on all products in the Online Store. The discount code is valid indefinitely. The discount code is sent to the Customer to his email address provided when making purchases in the Online Store immediately / within 1 day after issuing the opinion.
- The issuing of the opinion may not be used by the Customer for unlawful activities, particularly for activities constituting an act of unfair competition against the Seller, or activities violating personal rights, intellectual property rights, or other rights of the Seller or third parties.
- The opinion may only be issued for the purchased products in the Seller's Online Store. It is forbidden to conclude fictitious/sham sales contracts to issue an opinion. The Seller itself or its employees cannot be the author of the opinion, regardless of the basis of employment.
Its author may remove the issued opinion at any time.
10. Intellectual property
The content of the Website is subject to the Seller's exclusive rights and is subject to legal protection.
- The use of the content of the Website by the Customer is possible only for personal use.
- All goods and names presented on the Website are used only for identification purposes and may be registered trademarks of their respective owners.
11. Settlement of disputes
- Any disputes resolved under these regulations will be settled by a court having local and material jurisdiction. According to the provisions of the Code of Civil Procedure, the Parties may bring an action, in particular, before the competent court:
- according to the place of residence of the defendant,
- according to the seat of the main establishment or branch of the entrepreneur, if the claim is related to this branch,
- according to the place of performance of the contract.
- In the event of a dispute between the Customer and the Seller, the Customer has the right to use out-of-court dispute resolution methods, in particular:
- from mediation conducted by the Trade Inspection
- from the Permanent Consumer Arbitration Court at the provincial inspectorates of the Trade Inspection.
- A customer who is a consumer may obtain free assistance in resolving a dispute between the Customer and the Seller, using the open support of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Polish Consumers Association at the email address:[email protected].
- Due to the new dispute regulations, a new platform has been created http://ec.europa.eu/consumers/odr. Through its mediation, all disputes between the Seller and the Buyer can be settled. This will make it possible to resolve conflicts by an independent body appointed for this purpose.
12. Final provisions
- In matters not covered by the Regulations, the relevant provisions of Polish law shall apply, in particular:
- Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827),
- Act of April 23, 1964, Civil Code (i.e., Journal of Laws of 2014, item 121),
- Act of July 18, 2002, on the provision of electronic services (i.e., Journal of Laws of 2013, item 1422).
- The Seller has the right to amend the Regulations.
- The Regulations' new wording is valid within 14 days from the date of announcement on the main page of the Website and notifying Customers who have an Account by email.
- If the Customer who has an account does not agree to the Regulations' new wording, he is obliged to notify the Seller within the period mentioned above.
13. Exclusion of the application of specific provisions of the regulations to non-consumers
The provisions of the regulations relating to the rights granted only to consumers by law, particularly regarding a withdrawal from a distance contract, do not apply to a Customer who is not a Consumer.
- Concerning the Customer who is not a Consumer, the Seller's liability under warranty is excluded.
- Any disputes arising from these Regulations between the Seller and the Customer who is not a Consumer will be considered by the court competent for the seat of the Seller.