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Terms & Conditions
§ 1. General provisions
1. These Terms and Conditions (hereinafter: "Regulations"), determine the Regulations governing the use of the online Store "JAAF" located at https://jaaf.com/ (hereinafter: "Store").
2. The Regulations constitute the terms referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (hereinafter: "Act on Rendering Electronic Services").
3. The Store is owned by JAAF spółka z ograniczoną odpowiedzialnością with its registered office in Olsztyn (address: ul. Leśna 24/17, 10-173 Olsztyn), entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court in Olsztyn, 8th Commercial Division of the National Court Register under KRS number: 0000971591, holding tax identification number (NIP): 7393968190, statistical number (REGON): 522028106, share capital of PLN 50,000.00 (fifty thousand zlotys) (hereinafter: "Seller").
4. The Seller may be contacted by:
1) e-mail at: customercare@jaaf.com;
2) regular mail at: ul. Rajska 8/4, 80-850 Gdańsk;
3) telephone at:+48603440024.
5. Information about the Goods available in the Store, in particular their descriptions and prices, constitute an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Act of 23 April 1964 Civil Code (hereinafter: the "Civil Code").
6. Before using the Store, the Customer is obliged to read the Regulations and Privacy Policy.
§ 2. Definitions
Capitalized terms used in these Regulations shall have the following meanings:
1) Account - a panel created in the Store's IT system, allowing the User to use its functionalities, in particular to purchase Goods;
2) Account Service – a digital service, within the meaning of the Consumer Rights Act, consisting of the creation and maintenance of an Account by the Seller for the benefit of the User;
3) Account Service Agreement – an agreement for the provision of a digital service, within the meaning of the Consumer Rights Act, pursuant to which the Seller undertakes to provide the Account Service to the User free of charge for an indefinite period of time, and the User undertakes to provide the Seller with personal data;
4) Agreement – Account Service Agreement, Sales Agreement or Newsletter Services Agreement;
5) Business Day - a day which is not a Saturday, Sunday or any other public holiday within the meaning of the Act of 18 January 1951 on Public Holidays;
6) Buyer - a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has concluded a Sales Agreement with the Seller or has taken steps towards its conclusion;
7) Consumer - a natural person making a legal transaction with the Seller which is not directly connected with his/her business or professional activity;
8) Consumer Rights Act - the Consumer Rights Act of 30 May 2014;
9) Customer – a User, Buyer or Subscriber;
10) Digital Product/Service – the Account Service or Newsletter;
11) Entrepreneur - a natural person, a legal person or an organisational unit without legal personality, to which specific provisions grant legal capacity, conducting business or professional activity in its own name;
12) Entrepreneur with Consumer rights - a natural person conducting a business or professional activity on their own behalf who has entered into an Agreement with the Seller which is directly related to his or her commercial activity, but which is not of a professional nature for that person, such as arises in particular from the objects of his or her business activity;
13) Goods - movable item available in the Store within the meaning of the Civil Code which may be purchased by the Buyer, in particular clothes;
14) Newsletter – digital content within the meaning of the provisions of the Act on Consumer Rights, including commercial information on the current activities of the Seller, including information on new products and special offers available in the Store;
15) Newsletter Services Agreement – agreement for the provision of digital content, within the meaning of the Consumer Rights Act, pursuant to which the Seller undertakes to provide the Subscriber with the Newsletter free of charge for an indefinite period of time, and the Subscriber undertakes to provide the Seller with personal data;
16) Non-Conformity – shall be understood as:
a) non-conformity of the Digital Product/Service with the Agreement for its supply (the criteria for assessing the conformity of the Digital Product/Service with the Agreement for its supply are specified in Article 43k (1-2) of the Consumer Rights Act);
b) non-conformity of the Goods with the Sales Agreement (the criteria for assessing the conformity of the Goods with the Sales Agreement are specified in Article 43b (1-2) of the Consumer Rights Act) or
17) Order - the term has been defined in § 6(4) of the Regulations;
18) Privacy Policy - the document containing information on the processing of Customers' personal data by the Seller;
19) Sales Agreement - a sales agreement within the meaning of the Civil Code pursuant to which the Seller undertakes to transfer ownership of the Goods to the Buyer and deliver the Goods to the Buyer, and the Buyer undertakes to collect the Goods and pay the price to the Seller;
20) Subscriber – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer Rights, who has entered into a Newsletter Services Agreement with the Seller or has taken steps to enter into such an Agreement;
21) User – a person who is a Consumer, an Entrepreneur or an Entrepreneur with Consumer rights, who has concluded an Account Service Agreement with the Seller or has taken steps to conclude such an Agreement.
§ 3. Technical requirements
1. For the Customers to be able to use the Store properly, the following are jointly required:
1) connection to the Internet;
2) device(s) enabling the use of Internet resources;
3) a web browser capable of displaying hypertext documents on the screen of the device, linked to the Internet via the World Wide Web service, supporting the JavaScript programming language and, moreover, accepting cookies;
4) an active e-mail account.
2. It is prohibited for Customers to use viruses, bots, bugs or other computer codes, files or programmes (in particular, process automation scripts and applications or other codes, files or tools) within the Store.
3. The Seller hereby informs that it uses cryptographic protection of electronic transmissions and digital content by means of appropriate logical, organisational and technical measures, in particular to prevent access to data by third parties, including SSL encryption, the use of passwords and anti-virus or anti-spyware software.
4. The Seller hereby informs that despite the application of security measures referred to in Section 3 above, the use of the Internet and services provided by electronic means poses a risk that malware may infect the Customer's computer system and device or that third parties may gain access to the data stored on that device. To minimise the risk, the Seller recommends the use of anti-virus software or means of protecting identification on the Internet.
§ 4. Regulations governing the use of the Store
1. The Customer has the obligation to use the Store in a manner compliant with generally applicable law, the provisions of the Regulations, as well as with principles of good mores.
2. The Buyer may purchase Goods regardless of whether an Account has been created or not. If the Account has been created, the Buyer should log in to it before commencing purchases.
3. The Seller reserves the right to withdraw any Goods, Digital Products or Services from the Store.
4. We are not liable to Clients or any other third parties for withdrawing any product from this service, irrespective of its being sold or not, as well as for removing or changing materials or contents on the website, or for refusing to execute an order after sending “order receipt confirmation
§ 5. Account Service Agreement
1. By clicking the "Register" option and filling register form, the User concludes the Account Service Agreement.
2. The User shall gain access to the Account immediately upon clicking the "Register" option.
3. Using the Account, the User may, in particular:
1) store his/her personal data;
2) place Orders and view the Orders placed.
4. The Seller hereby informs, and the User acknowledges, that maintaining the compliance of the Account Service with the Account Service Agreement does not require the User to install its updates.
5. If the User is not granted access to the Account immediately after the conclusion of the Account Service Agreement, the User shall request the Seller to grant access to the Account immediately. The request referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1(4) of the Regulations. Should the Seller fail to grant the User access to the Account immediately upon receipt of the request referred to in the preceding sentence, the User is entitled to withdraw from the Account Service Agreement.
6. Notwithstanding the provisions of Section 5 above, if the User is not granted access to the Account, the User is entitled to withdraw from the Account Service Agreement without requesting the Seller to grant access to the Account, provided that at least one of the conditions indicated in Article 43j(5) of the Consumer Rights Act applies.
7. Notwithstanding the provisions of Sections 5 and 6 above, the User is entitled to terminate the Account Service Agreement with immediate effect at any time and without stating a reason. Furthermore, pursuant to Article 27 et seq. of the Consumer Rights Act, the User is entitled to withdraw from the Account Service Agreement without stating a reason, within 14 (fourteen) days of its conclusion.
8. Withdrawal from the Account Service Agreement or its termination, regardless of the grounds for such action, shall be effected by the User submitting to the Seller a statement on withdrawal from the Account Service Agreement or its termination. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1(4) of the Regulations. The Seller shall delete the Account immediately upon receipt of the statement referred to in the preceding sentence.
9. If the User uses the Account in a manner that violates generally applicable law, the provisions of the Regulations or principles of good mores, or if the User provides content of an unlawful nature, the Seller shall be entitled to terminate the Account Service Agreement with a 7 (seven) day notice period, by sending a notice of termination to the User via e-mail. After the expiry of the notice period specified in the preceding sentence, the Account shall be permanently deleted. During the period of notice, the Seller may block the User's access to the Account if this is necessary to prevent the User from committing further infringements.
10. The Seller may block the Account, which is equivalent to the termination of the Account Service Agreement by the Seller with a 7 (seven) day notice period. After the expiry of the notice period specified in the preceding sentence, the Account shall be permanently deleted.
11. Blocking or deletion of the Account shall not affect the performance of Sales Agreements and Newsletter Services Agreements concluded by the User prior to the blocking or deletion of the Account.
§ 6. Sales Agreement and promotional codes
1. To conclude a Sales Agreement, the Buyer should fill the order form, tick the checkbox next to the statement on acceptance of the Regulations and Privacy Policy and click the option "I order with the obligation to pay", and then make the payment for the Goods.
2. The prices of the Goods available in the Store are expressed in EUR (euro), PLN (Polish zloty), USD (dollar) or GBP (pound) – at Buyer’s choice - and represent gross value (including all mandatory price components, including applicable VAT).
3. For orders Outside of the EU, placed in USD or GBP, import taxes and duties will be borne by the Seller. For Orders outside of the EU, placed in EUR or PLN, duties and taxes shall be borne by the Buyer, who will be responsible for paying them upon the arrival of Goods in the destination country.
4. The Seller provides the following payment methods: Stripe, PayPal, Apple Pay and Przelewy24.
5. By clicking the option "Order with obligation to pay", the Buyer makes an offer to purchase the selected Goods (hereinafter: "Order").
6. Once the Order has been placed, the Buyer receives confirmation of its placement and processing at the e-mail address provided by the Buyer. Upon receipt by the Buyer of the message referred to in the preceding sentence, a Sales Agreement is concluded between the Seller and the Buyer.
7. If the Order placed, in relation to which the Buyer has chosen the option to pay for the Goods before their delivery, is not paid for within 5 (five) Business Days from the date of its placement, the Seller shall have the right to withdraw from the Sales Agreement and cancel the Order within 7 (seven) days from the date of ineffective expiry of the deadline for payment for the Order. The Sales Agreement is terminated, and the Order is cancelled by the Seller sending an appropriate statement to the e-mail address provided by the Buyer.
8. The Seller may offer promotional codes, in particular by sending them as part of the Newsletter or as part of JAAF Store marketing campaigns. To use the code, the Buyer shall enter it in the designated form when placing the Order. Detailed conditions for using each promotional code will be provided by the Seller together with the code.
§ 7. Delivery of Goods
1. The Seller carries out the delivery internationally as long as the Buyer’s country accepts online Goods orders from the European Union.
2. Goods deliveries are made via a selected courier company (UPS, DHL, FEDEX and InPost (Polish domestic deliveries)), at the expense of the Seller.
3. The Goods will be dispatched within the period indicated in the product card (from the date of crediting the payment for the Goods to the Seller's bank account).
4. Delivery times for the free standard shipping depend on the destination and take between 2 to 5 Business Days.
5. In the event of refusal to collect the ordered Goods from the courier and return them to the Seller, the Seller is entitled to deduct the delivery costs incurred by the Seller from the price paid by the Buyer.
§ 8. Right of withdrawal from the Sales Agreement
1. The provisions of this § 8 shall apply only to a Buyer who is a Consumer or Entrepreneur with Consumer rights.
2. The Buyer shall have the right to withdraw from the Sales Agreement without giving any reason within 14 (fourteen) days from the date of taking possession of the Goods by him/her or a third party who is not a carrier that the Buyer has indicated.
3. The Buyer shall exercise the right to withdraw from the Sales Agreement by submitting to the Seller a statement on withdrawal from the Sales Agreement (hereinafter referred to as the "Statement”). Sending the Statement before the expiry of the deadline referred to in Section 2 above shall be sufficient to observe the deadline for withdraw from the Sales Agreement.
4. The Statement may be submitted by the Buyer in any format, in particular using the form constituting Appendix No. 2 to the Consumer Rights Act.
5. If the Buyer chooses to make the Statement in an electronic form, the Buyer should send a message by e-mail to the address indicated in § 1(4) of the Regulations containing the following:
1) the Buyer's first and last name;
2) e-mail address;
3) correspondence address;
4) a clear statement on withdrawal from the Sales Agreement;
5) indication of the Goods constituting the subject matter of the Sales Agreement;
6) Order number;
7) Order placement date;
8) PKD codes of the business activity conducted by the Buyer (if the Buyer is an Entrepreneur with Consumer rights).
6. If the Buyer chooses to make the Statement in a paper form, he/she should print and fill in the form attached as Appendix No. 1 to the Regulations and then send it together with the Goods to the address specified in Section 9 below.
7. The Seller shall send the Buyer an e-mail confirmation of receipt of the Statement immediately upon its receipt.
8. In the case of exercising the right of withdrawal from the Sales Agreement, the Buyer should send the Goods back to the Seller within 14 (fourteen) days from the date of withdrawal of the Sales Agreement. To observe the time limit referred to in the preceding sentence, it is sufficient to send the Goods back before the deadline.
9. Goods should be sent back to the address:
JAAF sp. z o.o.
ul. Rajska 8/4
80-850 Gdańsk
10. The Seller shall bear the direct costs of returning the Goods. However, if products from outside the EU are returned to the Seller, the refund to the Buyer will be reduced by the amount of customs duties paid by the Seller for the original shipment.
11. Refund of payments made by the Buyer shall be made upon receipt by the Seller of the returned Goods or proof of their return by the Buyer, whichever occurs first. The refund shall be made using the same payment method as used by the Buyer in the original transaction unless the Buyer expressly agrees otherwise. The Buyer shall not bear the costs of the refund.
12. The Buyer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods in a manner other than that which was necessary to establish the nature, characteristics and functioning of the Goods.
§ 9. Complaints concerning the Goods
1. Provisions of this § 9 shall only apply to a Buyer who is a Consumer or Entrepreneur with Consumer rights.
2. The Seller shall be liable for Non-Conformity existing at the time of delivery of the Goods to the Buyer and disclosed within 2 (two) years from that time, unless the Goods have a longer shelf life.
3. Should a Non-Conformity be disclosed, the Buyer shall have the rights indicated in Article 43d et seq. of the Consumer Rights Act. The exercise of the Buyer's rights indicated in the preceding sentence shall take place in accordance with the provisions of the Consumer Rights Act and the provisions of this § 9.
4. Should a Non-Conformity be disclosed, the Buyer may file a complaint including a demand for either:
1) repair of the Goods, or
2) replacement of the Goods.
5. The complaint shall be lodged by e-mail to the address indicated in § 1(4) of the Regulations.
6. The complaint should include:
1) the Buyer's first and last name;
2) e-mail address;
3) Order number;
4) Goods delivery date;
5) description of the Non-Conformity disclosed;
6) request for repair or replacement of the Goods.
7. If the Seller receives a request for:
1) repair of the Goods – the Seller shall be entitled to replace the Goods;
2) replacement of the Goods – the Seller shall be entitled to repair the Goods;
– if the method chosen by the Buyer to bring the Goods into conformity with the Sales Agreement is impossible or would require the Seller to incur excessive costs.
8. If both replacement and repair of the Goods are impossible or would require the Seller to incur excessive costs, the Seller may refuse to bring the Goods into conformity with the Sales Agreement.
9. After considering the complaint, the Seller shall provide the Buyer with a response to the complaint in which the Seller:
1) accepts the complaint and indicates the expected date of fulfilment of the Buyer's request;
2) accepts the complaint and informs the Buyer that the Seller has exercised the right referred to in Section 7 above;
3) refuses to bring the Goods into conformity with the Sales Agreement for the reasons indicated in Section 9 above;
4) rejects the complaint due to its groundlessness.
10. The Seller will respond to the complaint by e-mail within 14 (fourteen) days of receiving it.
11. In the cases indicated in Section 9 (1-2) above, the Seller shall, at its own expense, bring the Goods into conformity with the Sales Agreement within a reasonable time following receipt of the complaint and without undue inconvenience to the Buyer, considering the nature of the Goods and the purpose for which the Buyer purchased them. The planned date for bringing the Goods into conformity with the Sales Agreement shall be indicated by the Seller in its response to the complaint.
12. The Buyer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Buyer at his own expense.
13. The Buyer shall not be obliged to pay for the ordinary use of the Goods which are subsequently replaced.
14. If Non-Conformity is disclosed, the Buyer may submit to the Seller a statement on price reduction or withdrawal from the Agreement, where:
1) the Seller has refused to bring the Goods into conformity with the Sales Agreement for the reasons indicated in Section 9 above;
2) the Seller has failed to bring the Goods into conformity with the Sales Agreement in accordance with Sections 11-12 above;
3) the Non-Conformity persists even though the Seller has attempted to bring the Goods into conformity with the Sales Agreement;
4) the Non-Conformity is so significant that it justifies withdrawal from the Sales Agreement without first requiring the Seller to bring the Goods into conformity with the Sales Agreement;
5) It is clear from the Seller's statement or circumstances that the Seller will not bring the Goods into conformity with the Sales Agreement within a reasonable time or without undue inconvenience to the Buyer.
15. A statement on price reduction or withdrawal from the Sales Agreement may be submitted by e-mail to the address specified in § 1(4) of the Regulations.
16. The statement on price reduction or withdrawal from the Sales Agreement should include data indicated in Section 6 above and additionally:
1) indication of the reason for the statement, selected from among the reasons specified in Section 14 above;
2) statement on reduction of the price of the Goods, with indication of the reduced price of the Goods, or statement on withdrawal from the Sales Agreement.
17. The reduced price shall remain in such proportion to the price under the Sales Agreement as the value of the Goods not in conformity with the Sales Agreement to the value of the Goods in conformity with the Sales Agreement. The Seller shall reimburse to the Buyer the amounts due as a result of exercising the right to reduce the price immediately, but not later than within 14 (fourteen) days from the date of receipt of the statement on price reduction.
18. The Buyer is not entitled to withdraw from the Sales Agreement if the Non-Conformity is immaterial.
19. In the event of withdrawal from the Sales Agreement, the Buyer shall immediately return the Goods to the Seller at the Seller's expense. The Goods should be sent back to the following address:
JAAF sp. z o.o.
ul. Rajska 8/4
80-850 Gdańsk
20. The Seller shall refund the price of the Goods to the Buyer immediately, but not later than within 14 (fourteen) days from the date of receipt of the Goods or proof of their return, whichever occurs first. The price shall be refunded using the same method of payment as was used by the Buyer in the original transaction unless the Buyer expressly agrees to a different method of refund that does not involve any costs for the Buyer.
§ 10. Newsletter Services Agreement
1. To conclude the Newsletter Services Agreement, the Subscriber should fill the register form, tick the checkbox next to the statement on consent to receive the Newsletter, having read and accepted the Regulations and Privacy Policy and click the "Subscribe" option.
2. The Newsletter Services Agreement is concluded for an indefinite period.
3. The Seller informs, and the Subscriber acknowledges, that:
1) the Newsletter is not subject to updates;
2) frequency and dates of Newsletter delivery are not predetermined and depend on the current situation of the Seller.
4. The Subscriber may terminate the Newsletter Services Agreement at any time and without giving any reason, with immediate effect. Moreover, pursuant to Article 27 et seq. of the Consumer Rights Act, the Subscriber who is a Consumer or an Entrepreneur with Consumer Rights may withdraw from the Newsletter Services Agreement without stating any reason within 14 (fourteen) days from the date of its conclusion.
5. Withdrawal from the Newsletter Services Agreement or its termination, regardless of the grounds for such action, shall require the Subscriber to submit an appropriate statement to the Seller. The statement referred to in the preceding sentence may be made by:
1) clicking by the Subscriber on the unsubscribe link which is sent with each Newsletter;
2) the Subscriber sending to the Seller a statement on withdrawal from the Newsletter Services Agreement or its termination by e-mail.
6. The Seller shall stop providing the Newsletter to the Subscriber immediately after the Subscriber performs one of the actions indicated in Section 5 above.
§ 11. Complaints concerning the Digital Product/Service
1. The provisions of this § 11 apply only to:
1) Customers who are:
a) Users or Subscribers, unless a specific provision of the Regulations applies only to one of these persons, and
b) Consumers or Entrepreneurs with Consumer rights;
2) Account Service Agreements and Newsletter Services Agreements, unless a specific provision of the Regulations applies to only one of these Agreements;
3) Non-Conformity of the Account Service with the Account Service Agreement or Non-Conformity of the Newsletter with the Newsletter Services Agreement.
2. The Digital Product/Service delivered to the Customer by the Seller must be in compliance with the Agreement for the entire period of delivery of the Digital Product/Service.
3. The Seller shall be liable for Non-Conformity disclosed during the period of delivery of a given Product/Service.
4. If Non-Conformity is disclosed, the Customer may file a complaint requesting that the Digital Product/Service be brought into compliance with the relevant Agreement.
5. The complaint shall be submitted by e-mail to the address specified in § 1(4) of the Regulations.
6. The complaint should include:
1) the Customer's first and last name;
2) e-mail address;
3) description of the Non-Conformity disclosed;
4) a request to bring the Digital Product/Service to compliance with the relevant Agreement.
7. The Seller may refuse to bring the Digital Product/Service to conformity with the relevant Agreement if it is impossible or would require the Seller to incur excessive costs.
8. Upon reviewing the complaint, the Seller shall provide the Customer with a response to the complaint, in which the Seller:
1) accepts the complaint and indicates the expected date for bringing the Digital Product/Service to compliance with the relevant Agreement;
2) refuses to bring the Digital Product/Service into compliance with the relevant Agreement for reasons indicated in Section 7 above;
3) rejects the complaint due to its groundlessness.
9. The Seller shall respond to the complaint by e-mail within 14 (fourteen) days from the date of receiving it.
10. If the complaint is accepted, the Seller shall, at its own expense, bring the Digital Product/Service to conformity with the relevant Agreement within a reasonable time from receiving the complaint and without undue inconvenience to the Customer, considering the nature of the Digital Product/Service and the purpose for which it is used. The planned timeframe for bringing the Digital Product/Service to conformity with the relevant Agreement shall be indicated by the Seller in its response to the complaint
11. If Non-Conformity is disclosed, the Customer is entitled to submit a statement on withdrawal from the Agreement to the Seller, where:
1) bringing the Digital Product/Service into conformity with the relevant Agreement is impossible or requires excessive costs;
2) the Seller has failed to bring the Digital Product/Service to conformity with the relevant Agreement in accordance with Section 10 above;
3) Non-Conformity persists even though the Seller has attempted to bring the Digital Product/Service into conformity with the relevant Agreement;
4) Non-Conformity is so material as to justify withdrawal from the Digital Product/Service Agreement in question without first requiring the Seller to bring the Digital Product/Service into conformity with the relevant Agreement;
5) it is clear from the Seller's statement or circumstances that the Seller will not bring the Digital Product/Service into conformity with the relevant Agreement within a reasonable time or without undue inconvenience to the Customer.
12. A statement on price reduction or withdrawal from the Agreement may be submitted by e-mail to the address specified in § 1(4) of the Regulations.
13. The statement on price reduction or withdrawal from the Agreement should include:
1) the Customer's first and last name;
2) e-mail address;
3) Digital Product/Service delivery date;
4) description of the Non-Conformity disclosed;
5) indication of the reason for the statement, selected from among the reasons specified in Section 11 above;
6) a statement on price reduction, including an indication of the reduced price, or a statement on withdrawal from the Agreement.
14. If the Userwithdraws from the Account Service Agreement, the Seller shall delete the Account immediately upon receipt of the statement on withdrawal from the Account Service Agreement.
15. If the Subscriber withdraws from the Newsletter Services Agreement, the Seller shall stop delivering the Newsletter immediately upon receipt of the statement on withdrawal from the Newsletter Services Agreement.
16. Pursuant to Article 34 (1a) of the Consumer Rights Act, if the Customer withdraws from the Digital Product/Service Agreement, the Buyer shall stop using the Digital Product/Service and making it available to third parties.
§ 12. Intellectual property
1. All components of the Store, in particular:
1) the name of the Store;
2) the logo of the Store;
3) photos and descriptions of the Goods;
4) principles of operation of the Store's website, all its graphic elements, interface, software, source code and databases
- are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 - Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition, and other generally applicable laws, including European Union laws.
2. Any use of the Seller's intellectual property without its prior express permission is prohibited.
§ 13. Charitable activities of the Seller
1. The Seller hereby informs that it donates on its behalf 1% of the price of each Order to support one of the following charitable organisations (hereinafter: "Donation"):
1) Sea-Watch e.V. (https://sea-watch.org/en/);
2) CAMFED (Campaign for Female Education - https://camfed.org/eur/);
3) Doctors Without Borders/Médecins Sans Frontières (MSF) USA, Inc. (https://www.doctorswithoutborders.org).
2. The Buyer shall be entitled to indicate to the Seller the preferred organisation to which the Seller should make a donation in respect of the Buyer's Order. The Buyer can also choose fourth option - ‘please choose for me’, in which case the Seller will divide the 1% of the price of the Buyer’s Order between organisations indicated in Section 3 above (giving each of them an equal Donation).
3. The Seller shall make Donations in the manner and within the timeframes resulting from the policies and terms of cooperation with the particular charitable organisations specified in Section 1 above.
§ 14. Personal data processing
For information on the processing of personal data by the Seller, please refer to the Privacy Policy available at: https://jaaf.com/pages/privacy-policy.
§ 15. Out-of-court dispute resolution
1. The provisions of this § 15 apply only to Customers who are Consumers.
2. The Customer shall have the opportunity to use out-of-court procedures for handling complaints and pursuing claims.
3. Detailed information on the possibility for the Customer to use out-of-court ways of handling complaints and pursuing claims, as well as rules of access to these procedures are available at the offices and websites of:
1) district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection;
2) Voivodship Inspectorates of Commercial Inspection;
3) Office of Competition and Consumer Protection.
4. The Customer may also use the platform for online dispute resolution (ODR) available at: http://ec.europa.eu/consumers/odr/.
§ 16. Changes to the Account Service
1. The Seller is entitled to make changes to the Account Service in the event of:
1) the need to adapt the Account Service to newly developed devices or software used by Users to use the Account Service;
2) the Seller's decision to improve the Account Service by adding new functionality to it or modifying any of the existing functionalities;
3) legal obligation to make changes, including the obligation to adapt the Account Service to the current state of the law.
2. The change of the Account Service shall not involve any costs on the part of the User.
3. The Seller shall inform Users of the change made to the Account Service by posting a message on the Account informing of the changes. Independently, the information about the made change may be sent to Users by e-mail.
4. If the change to the Account Service will materially and adversely affect the User's access to the Account Service, the Seller shall inform the User about:
1) the characteristics and timing of the change, and
2) the User's right to terminate the Account Service Agreement with immediate effect within 30 (thirty) days of date of the change.
5. The information referred to in Section 4 above shall be sent by the Seller to the Users by e-mail, not later than 7 (seven) days before the change is made.
6. The User's termination of the Account Service Agreement pursuant to Section 4(2) above shall be effected by submitting to the Seller a notice of termination of the Account Service Agreement. The notice referred to in the preceding sentence may be sent by e-mail to the address specified in § 1(4)(1) of the Regulations. The Seller shall delete the Account immediately upon receipt of the statement referred to in the preceding sentence.
§ 17. Amendment to the Regulations
1. The Seller may amend the Regulations in the event of:
1) a change in the objects of the Seller's business;
2) the commencement by the Seller of the provision of new services, the modification of services previously provided or the discontinuation of their provision;
3) making technical modifications to the Store requiring adaptation of the provisions of the Regulations to such changes;
4) legal obligation to make changes, including the obligation to adapt the Regulations to the current state of the law.
2. Customers will be informed of changes to the Regulations by publication of the amended version of the Regulations on the Store's website at least 7 (seven) days prior to the date on which the amendments take effect. Within the period referred to in the preceding sentence, the amended version of the Regulations will be sent to Users and Subscribers by e-mail.
3. Sales Agreements and Digital Product Agreements concluded before the effective date of the new Regulations shall be governed by the provisions of the then effective Regulations.
4. A User or Subscriber who does not agree to the amendment to the Regulations is entitled to terminate the Account Service Agreement or Newsletter Services Agreement with immediate effect until the amendments to the Regulations become effective. Failure to terminate shall be deemed to constitute acceptance of the amendment to the Regulations.
5. Termination of the Account Service Agreement or the Newsletter Services Agreement shall be effected by the User or Subscriber submitting a notice of termination of such Agreement to the Seller. The notice referred to in the preceding sentence may be sent by e-mail, to the address indicated in § 1(4) of the Regulations.
6. Immediately upon receipt of the notice referred to in Section 5 above, the Seller shall delete the Account or cease to deliver the Newsletter.
§ 18. Final provisions
1. Appendix No. 1 - Statement on withdrawal of the Sales Agreement constitutes a part of the Regulations.
2. The current version of the Regulations is effective as of 21.02.2023.
1. These Terms and Conditions (hereinafter: "Regulations"), determine the Regulations governing the use of the online Store "JAAF" located at https://jaaf.com/ (hereinafter: "Store").
2. The Regulations constitute the terms referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (hereinafter: "Act on Rendering Electronic Services").
3. The Store is owned by JAAF spółka z ograniczoną odpowiedzialnością with its registered office in Olsztyn (address: ul. Leśna 24/17, 10-173 Olsztyn), entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court in Olsztyn, 8th Commercial Division of the National Court Register under KRS number: 0000971591, holding tax identification number (NIP): 7393968190, statistical number (REGON): 522028106, share capital of PLN 50,000.00 (fifty thousand zlotys) (hereinafter: "Seller").
4. The Seller may be contacted by:
1) e-mail at: customercare@jaaf.com;
2) regular mail at: ul. Rajska 8/4, 80-850 Gdańsk;
3) telephone at:+48603440024.
5. Information about the Goods available in the Store, in particular their descriptions and prices, constitute an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Act of 23 April 1964 Civil Code (hereinafter: the "Civil Code").
6. Before using the Store, the Customer is obliged to read the Regulations and Privacy Policy.
§ 2. Definitions
Capitalized terms used in these Regulations shall have the following meanings:
1) Account - a panel created in the Store's IT system, allowing the User to use its functionalities, in particular to purchase Goods;
2) Account Service – a digital service, within the meaning of the Consumer Rights Act, consisting of the creation and maintenance of an Account by the Seller for the benefit of the User;
3) Account Service Agreement – an agreement for the provision of a digital service, within the meaning of the Consumer Rights Act, pursuant to which the Seller undertakes to provide the Account Service to the User free of charge for an indefinite period of time, and the User undertakes to provide the Seller with personal data;
4) Agreement – Account Service Agreement, Sales Agreement or Newsletter Services Agreement;
5) Business Day - a day which is not a Saturday, Sunday or any other public holiday within the meaning of the Act of 18 January 1951 on Public Holidays;
6) Buyer - a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has concluded a Sales Agreement with the Seller or has taken steps towards its conclusion;
7) Consumer - a natural person making a legal transaction with the Seller which is not directly connected with his/her business or professional activity;
8) Consumer Rights Act - the Consumer Rights Act of 30 May 2014;
9) Customer – a User, Buyer or Subscriber;
10) Digital Product/Service – the Account Service or Newsletter;
11) Entrepreneur - a natural person, a legal person or an organisational unit without legal personality, to which specific provisions grant legal capacity, conducting business or professional activity in its own name;
12) Entrepreneur with Consumer rights - a natural person conducting a business or professional activity on their own behalf who has entered into an Agreement with the Seller which is directly related to his or her commercial activity, but which is not of a professional nature for that person, such as arises in particular from the objects of his or her business activity;
13) Goods - movable item available in the Store within the meaning of the Civil Code which may be purchased by the Buyer, in particular clothes;
14) Newsletter – digital content within the meaning of the provisions of the Act on Consumer Rights, including commercial information on the current activities of the Seller, including information on new products and special offers available in the Store;
15) Newsletter Services Agreement – agreement for the provision of digital content, within the meaning of the Consumer Rights Act, pursuant to which the Seller undertakes to provide the Subscriber with the Newsletter free of charge for an indefinite period of time, and the Subscriber undertakes to provide the Seller with personal data;
16) Non-Conformity – shall be understood as:
a) non-conformity of the Digital Product/Service with the Agreement for its supply (the criteria for assessing the conformity of the Digital Product/Service with the Agreement for its supply are specified in Article 43k (1-2) of the Consumer Rights Act);
b) non-conformity of the Goods with the Sales Agreement (the criteria for assessing the conformity of the Goods with the Sales Agreement are specified in Article 43b (1-2) of the Consumer Rights Act) or
17) Order - the term has been defined in § 6(4) of the Regulations;
18) Privacy Policy - the document containing information on the processing of Customers' personal data by the Seller;
19) Sales Agreement - a sales agreement within the meaning of the Civil Code pursuant to which the Seller undertakes to transfer ownership of the Goods to the Buyer and deliver the Goods to the Buyer, and the Buyer undertakes to collect the Goods and pay the price to the Seller;
20) Subscriber – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer Rights, who has entered into a Newsletter Services Agreement with the Seller or has taken steps to enter into such an Agreement;
21) User – a person who is a Consumer, an Entrepreneur or an Entrepreneur with Consumer rights, who has concluded an Account Service Agreement with the Seller or has taken steps to conclude such an Agreement.
§ 3. Technical requirements
1. For the Customers to be able to use the Store properly, the following are jointly required:
1) connection to the Internet;
2) device(s) enabling the use of Internet resources;
3) a web browser capable of displaying hypertext documents on the screen of the device, linked to the Internet via the World Wide Web service, supporting the JavaScript programming language and, moreover, accepting cookies;
4) an active e-mail account.
2. It is prohibited for Customers to use viruses, bots, bugs or other computer codes, files or programmes (in particular, process automation scripts and applications or other codes, files or tools) within the Store.
3. The Seller hereby informs that it uses cryptographic protection of electronic transmissions and digital content by means of appropriate logical, organisational and technical measures, in particular to prevent access to data by third parties, including SSL encryption, the use of passwords and anti-virus or anti-spyware software.
4. The Seller hereby informs that despite the application of security measures referred to in Section 3 above, the use of the Internet and services provided by electronic means poses a risk that malware may infect the Customer's computer system and device or that third parties may gain access to the data stored on that device. To minimise the risk, the Seller recommends the use of anti-virus software or means of protecting identification on the Internet.
§ 4. Regulations governing the use of the Store
1. The Customer has the obligation to use the Store in a manner compliant with generally applicable law, the provisions of the Regulations, as well as with principles of good mores.
2. The Buyer may purchase Goods regardless of whether an Account has been created or not. If the Account has been created, the Buyer should log in to it before commencing purchases.
3. The Seller reserves the right to withdraw any Goods, Digital Products or Services from the Store.
4. We are not liable to Clients or any other third parties for withdrawing any product from this service, irrespective of its being sold or not, as well as for removing or changing materials or contents on the website, or for refusing to execute an order after sending “order receipt confirmation
§ 5. Account Service Agreement
1. By clicking the "Register" option and filling register form, the User concludes the Account Service Agreement.
2. The User shall gain access to the Account immediately upon clicking the "Register" option.
3. Using the Account, the User may, in particular:
1) store his/her personal data;
2) place Orders and view the Orders placed.
4. The Seller hereby informs, and the User acknowledges, that maintaining the compliance of the Account Service with the Account Service Agreement does not require the User to install its updates.
5. If the User is not granted access to the Account immediately after the conclusion of the Account Service Agreement, the User shall request the Seller to grant access to the Account immediately. The request referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1(4) of the Regulations. Should the Seller fail to grant the User access to the Account immediately upon receipt of the request referred to in the preceding sentence, the User is entitled to withdraw from the Account Service Agreement.
6. Notwithstanding the provisions of Section 5 above, if the User is not granted access to the Account, the User is entitled to withdraw from the Account Service Agreement without requesting the Seller to grant access to the Account, provided that at least one of the conditions indicated in Article 43j(5) of the Consumer Rights Act applies.
7. Notwithstanding the provisions of Sections 5 and 6 above, the User is entitled to terminate the Account Service Agreement with immediate effect at any time and without stating a reason. Furthermore, pursuant to Article 27 et seq. of the Consumer Rights Act, the User is entitled to withdraw from the Account Service Agreement without stating a reason, within 14 (fourteen) days of its conclusion.
8. Withdrawal from the Account Service Agreement or its termination, regardless of the grounds for such action, shall be effected by the User submitting to the Seller a statement on withdrawal from the Account Service Agreement or its termination. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1(4) of the Regulations. The Seller shall delete the Account immediately upon receipt of the statement referred to in the preceding sentence.
9. If the User uses the Account in a manner that violates generally applicable law, the provisions of the Regulations or principles of good mores, or if the User provides content of an unlawful nature, the Seller shall be entitled to terminate the Account Service Agreement with a 7 (seven) day notice period, by sending a notice of termination to the User via e-mail. After the expiry of the notice period specified in the preceding sentence, the Account shall be permanently deleted. During the period of notice, the Seller may block the User's access to the Account if this is necessary to prevent the User from committing further infringements.
10. The Seller may block the Account, which is equivalent to the termination of the Account Service Agreement by the Seller with a 7 (seven) day notice period. After the expiry of the notice period specified in the preceding sentence, the Account shall be permanently deleted.
11. Blocking or deletion of the Account shall not affect the performance of Sales Agreements and Newsletter Services Agreements concluded by the User prior to the blocking or deletion of the Account.
§ 6. Sales Agreement and promotional codes
1. To conclude a Sales Agreement, the Buyer should fill the order form, tick the checkbox next to the statement on acceptance of the Regulations and Privacy Policy and click the option "I order with the obligation to pay", and then make the payment for the Goods.
2. The prices of the Goods available in the Store are expressed in EUR (euro), PLN (Polish zloty), USD (dollar) or GBP (pound) – at Buyer’s choice - and represent gross value (including all mandatory price components, including applicable VAT).
3. For orders Outside of the EU, placed in USD or GBP, import taxes and duties will be borne by the Seller. For Orders outside of the EU, placed in EUR or PLN, duties and taxes shall be borne by the Buyer, who will be responsible for paying them upon the arrival of Goods in the destination country.
4. The Seller provides the following payment methods: Stripe, PayPal, Apple Pay and Przelewy24.
5. By clicking the option "Order with obligation to pay", the Buyer makes an offer to purchase the selected Goods (hereinafter: "Order").
6. Once the Order has been placed, the Buyer receives confirmation of its placement and processing at the e-mail address provided by the Buyer. Upon receipt by the Buyer of the message referred to in the preceding sentence, a Sales Agreement is concluded between the Seller and the Buyer.
7. If the Order placed, in relation to which the Buyer has chosen the option to pay for the Goods before their delivery, is not paid for within 5 (five) Business Days from the date of its placement, the Seller shall have the right to withdraw from the Sales Agreement and cancel the Order within 7 (seven) days from the date of ineffective expiry of the deadline for payment for the Order. The Sales Agreement is terminated, and the Order is cancelled by the Seller sending an appropriate statement to the e-mail address provided by the Buyer.
8. The Seller may offer promotional codes, in particular by sending them as part of the Newsletter or as part of JAAF Store marketing campaigns. To use the code, the Buyer shall enter it in the designated form when placing the Order. Detailed conditions for using each promotional code will be provided by the Seller together with the code.
§ 7. Delivery of Goods
1. The Seller carries out the delivery internationally as long as the Buyer’s country accepts online Goods orders from the European Union.
2. Goods deliveries are made via a selected courier company (UPS, DHL, FEDEX and InPost (Polish domestic deliveries)), at the expense of the Seller.
3. The Goods will be dispatched within the period indicated in the product card (from the date of crediting the payment for the Goods to the Seller's bank account).
4. Delivery times for the free standard shipping depend on the destination and take between 2 to 5 Business Days.
5. In the event of refusal to collect the ordered Goods from the courier and return them to the Seller, the Seller is entitled to deduct the delivery costs incurred by the Seller from the price paid by the Buyer.
§ 8. Right of withdrawal from the Sales Agreement
1. The provisions of this § 8 shall apply only to a Buyer who is a Consumer or Entrepreneur with Consumer rights.
2. The Buyer shall have the right to withdraw from the Sales Agreement without giving any reason within 14 (fourteen) days from the date of taking possession of the Goods by him/her or a third party who is not a carrier that the Buyer has indicated.
3. The Buyer shall exercise the right to withdraw from the Sales Agreement by submitting to the Seller a statement on withdrawal from the Sales Agreement (hereinafter referred to as the "Statement”). Sending the Statement before the expiry of the deadline referred to in Section 2 above shall be sufficient to observe the deadline for withdraw from the Sales Agreement.
4. The Statement may be submitted by the Buyer in any format, in particular using the form constituting Appendix No. 2 to the Consumer Rights Act.
5. If the Buyer chooses to make the Statement in an electronic form, the Buyer should send a message by e-mail to the address indicated in § 1(4) of the Regulations containing the following:
1) the Buyer's first and last name;
2) e-mail address;
3) correspondence address;
4) a clear statement on withdrawal from the Sales Agreement;
5) indication of the Goods constituting the subject matter of the Sales Agreement;
6) Order number;
7) Order placement date;
8) PKD codes of the business activity conducted by the Buyer (if the Buyer is an Entrepreneur with Consumer rights).
6. If the Buyer chooses to make the Statement in a paper form, he/she should print and fill in the form attached as Appendix No. 1 to the Regulations and then send it together with the Goods to the address specified in Section 9 below.
7. The Seller shall send the Buyer an e-mail confirmation of receipt of the Statement immediately upon its receipt.
8. In the case of exercising the right of withdrawal from the Sales Agreement, the Buyer should send the Goods back to the Seller within 14 (fourteen) days from the date of withdrawal of the Sales Agreement. To observe the time limit referred to in the preceding sentence, it is sufficient to send the Goods back before the deadline.
9. Goods should be sent back to the address:
JAAF sp. z o.o.
ul. Rajska 8/4
80-850 Gdańsk
10. The Seller shall bear the direct costs of returning the Goods. However, if products from outside the EU are returned to the Seller, the refund to the Buyer will be reduced by the amount of customs duties paid by the Seller for the original shipment.
11. Refund of payments made by the Buyer shall be made upon receipt by the Seller of the returned Goods or proof of their return by the Buyer, whichever occurs first. The refund shall be made using the same payment method as used by the Buyer in the original transaction unless the Buyer expressly agrees otherwise. The Buyer shall not bear the costs of the refund.
12. The Buyer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods in a manner other than that which was necessary to establish the nature, characteristics and functioning of the Goods.
§ 9. Complaints concerning the Goods
1. Provisions of this § 9 shall only apply to a Buyer who is a Consumer or Entrepreneur with Consumer rights.
2. The Seller shall be liable for Non-Conformity existing at the time of delivery of the Goods to the Buyer and disclosed within 2 (two) years from that time, unless the Goods have a longer shelf life.
3. Should a Non-Conformity be disclosed, the Buyer shall have the rights indicated in Article 43d et seq. of the Consumer Rights Act. The exercise of the Buyer's rights indicated in the preceding sentence shall take place in accordance with the provisions of the Consumer Rights Act and the provisions of this § 9.
4. Should a Non-Conformity be disclosed, the Buyer may file a complaint including a demand for either:
1) repair of the Goods, or
2) replacement of the Goods.
5. The complaint shall be lodged by e-mail to the address indicated in § 1(4) of the Regulations.
6. The complaint should include:
1) the Buyer's first and last name;
2) e-mail address;
3) Order number;
4) Goods delivery date;
5) description of the Non-Conformity disclosed;
6) request for repair or replacement of the Goods.
7. If the Seller receives a request for:
1) repair of the Goods – the Seller shall be entitled to replace the Goods;
2) replacement of the Goods – the Seller shall be entitled to repair the Goods;
– if the method chosen by the Buyer to bring the Goods into conformity with the Sales Agreement is impossible or would require the Seller to incur excessive costs.
8. If both replacement and repair of the Goods are impossible or would require the Seller to incur excessive costs, the Seller may refuse to bring the Goods into conformity with the Sales Agreement.
9. After considering the complaint, the Seller shall provide the Buyer with a response to the complaint in which the Seller:
1) accepts the complaint and indicates the expected date of fulfilment of the Buyer's request;
2) accepts the complaint and informs the Buyer that the Seller has exercised the right referred to in Section 7 above;
3) refuses to bring the Goods into conformity with the Sales Agreement for the reasons indicated in Section 9 above;
4) rejects the complaint due to its groundlessness.
10. The Seller will respond to the complaint by e-mail within 14 (fourteen) days of receiving it.
11. In the cases indicated in Section 9 (1-2) above, the Seller shall, at its own expense, bring the Goods into conformity with the Sales Agreement within a reasonable time following receipt of the complaint and without undue inconvenience to the Buyer, considering the nature of the Goods and the purpose for which the Buyer purchased them. The planned date for bringing the Goods into conformity with the Sales Agreement shall be indicated by the Seller in its response to the complaint.
12. The Buyer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Buyer at his own expense.
13. The Buyer shall not be obliged to pay for the ordinary use of the Goods which are subsequently replaced.
14. If Non-Conformity is disclosed, the Buyer may submit to the Seller a statement on price reduction or withdrawal from the Agreement, where:
1) the Seller has refused to bring the Goods into conformity with the Sales Agreement for the reasons indicated in Section 9 above;
2) the Seller has failed to bring the Goods into conformity with the Sales Agreement in accordance with Sections 11-12 above;
3) the Non-Conformity persists even though the Seller has attempted to bring the Goods into conformity with the Sales Agreement;
4) the Non-Conformity is so significant that it justifies withdrawal from the Sales Agreement without first requiring the Seller to bring the Goods into conformity with the Sales Agreement;
5) It is clear from the Seller's statement or circumstances that the Seller will not bring the Goods into conformity with the Sales Agreement within a reasonable time or without undue inconvenience to the Buyer.
15. A statement on price reduction or withdrawal from the Sales Agreement may be submitted by e-mail to the address specified in § 1(4) of the Regulations.
16. The statement on price reduction or withdrawal from the Sales Agreement should include data indicated in Section 6 above and additionally:
1) indication of the reason for the statement, selected from among the reasons specified in Section 14 above;
2) statement on reduction of the price of the Goods, with indication of the reduced price of the Goods, or statement on withdrawal from the Sales Agreement.
17. The reduced price shall remain in such proportion to the price under the Sales Agreement as the value of the Goods not in conformity with the Sales Agreement to the value of the Goods in conformity with the Sales Agreement. The Seller shall reimburse to the Buyer the amounts due as a result of exercising the right to reduce the price immediately, but not later than within 14 (fourteen) days from the date of receipt of the statement on price reduction.
18. The Buyer is not entitled to withdraw from the Sales Agreement if the Non-Conformity is immaterial.
19. In the event of withdrawal from the Sales Agreement, the Buyer shall immediately return the Goods to the Seller at the Seller's expense. The Goods should be sent back to the following address:
JAAF sp. z o.o.
ul. Rajska 8/4
80-850 Gdańsk
20. The Seller shall refund the price of the Goods to the Buyer immediately, but not later than within 14 (fourteen) days from the date of receipt of the Goods or proof of their return, whichever occurs first. The price shall be refunded using the same method of payment as was used by the Buyer in the original transaction unless the Buyer expressly agrees to a different method of refund that does not involve any costs for the Buyer.
§ 10. Newsletter Services Agreement
1. To conclude the Newsletter Services Agreement, the Subscriber should fill the register form, tick the checkbox next to the statement on consent to receive the Newsletter, having read and accepted the Regulations and Privacy Policy and click the "Subscribe" option.
2. The Newsletter Services Agreement is concluded for an indefinite period.
3. The Seller informs, and the Subscriber acknowledges, that:
1) the Newsletter is not subject to updates;
2) frequency and dates of Newsletter delivery are not predetermined and depend on the current situation of the Seller.
4. The Subscriber may terminate the Newsletter Services Agreement at any time and without giving any reason, with immediate effect. Moreover, pursuant to Article 27 et seq. of the Consumer Rights Act, the Subscriber who is a Consumer or an Entrepreneur with Consumer Rights may withdraw from the Newsletter Services Agreement without stating any reason within 14 (fourteen) days from the date of its conclusion.
5. Withdrawal from the Newsletter Services Agreement or its termination, regardless of the grounds for such action, shall require the Subscriber to submit an appropriate statement to the Seller. The statement referred to in the preceding sentence may be made by:
1) clicking by the Subscriber on the unsubscribe link which is sent with each Newsletter;
2) the Subscriber sending to the Seller a statement on withdrawal from the Newsletter Services Agreement or its termination by e-mail.
6. The Seller shall stop providing the Newsletter to the Subscriber immediately after the Subscriber performs one of the actions indicated in Section 5 above.
§ 11. Complaints concerning the Digital Product/Service
1. The provisions of this § 11 apply only to:
1) Customers who are:
a) Users or Subscribers, unless a specific provision of the Regulations applies only to one of these persons, and
b) Consumers or Entrepreneurs with Consumer rights;
2) Account Service Agreements and Newsletter Services Agreements, unless a specific provision of the Regulations applies to only one of these Agreements;
3) Non-Conformity of the Account Service with the Account Service Agreement or Non-Conformity of the Newsletter with the Newsletter Services Agreement.
2. The Digital Product/Service delivered to the Customer by the Seller must be in compliance with the Agreement for the entire period of delivery of the Digital Product/Service.
3. The Seller shall be liable for Non-Conformity disclosed during the period of delivery of a given Product/Service.
4. If Non-Conformity is disclosed, the Customer may file a complaint requesting that the Digital Product/Service be brought into compliance with the relevant Agreement.
5. The complaint shall be submitted by e-mail to the address specified in § 1(4) of the Regulations.
6. The complaint should include:
1) the Customer's first and last name;
2) e-mail address;
3) description of the Non-Conformity disclosed;
4) a request to bring the Digital Product/Service to compliance with the relevant Agreement.
7. The Seller may refuse to bring the Digital Product/Service to conformity with the relevant Agreement if it is impossible or would require the Seller to incur excessive costs.
8. Upon reviewing the complaint, the Seller shall provide the Customer with a response to the complaint, in which the Seller:
1) accepts the complaint and indicates the expected date for bringing the Digital Product/Service to compliance with the relevant Agreement;
2) refuses to bring the Digital Product/Service into compliance with the relevant Agreement for reasons indicated in Section 7 above;
3) rejects the complaint due to its groundlessness.
9. The Seller shall respond to the complaint by e-mail within 14 (fourteen) days from the date of receiving it.
10. If the complaint is accepted, the Seller shall, at its own expense, bring the Digital Product/Service to conformity with the relevant Agreement within a reasonable time from receiving the complaint and without undue inconvenience to the Customer, considering the nature of the Digital Product/Service and the purpose for which it is used. The planned timeframe for bringing the Digital Product/Service to conformity with the relevant Agreement shall be indicated by the Seller in its response to the complaint
11. If Non-Conformity is disclosed, the Customer is entitled to submit a statement on withdrawal from the Agreement to the Seller, where:
1) bringing the Digital Product/Service into conformity with the relevant Agreement is impossible or requires excessive costs;
2) the Seller has failed to bring the Digital Product/Service to conformity with the relevant Agreement in accordance with Section 10 above;
3) Non-Conformity persists even though the Seller has attempted to bring the Digital Product/Service into conformity with the relevant Agreement;
4) Non-Conformity is so material as to justify withdrawal from the Digital Product/Service Agreement in question without first requiring the Seller to bring the Digital Product/Service into conformity with the relevant Agreement;
5) it is clear from the Seller's statement or circumstances that the Seller will not bring the Digital Product/Service into conformity with the relevant Agreement within a reasonable time or without undue inconvenience to the Customer.
12. A statement on price reduction or withdrawal from the Agreement may be submitted by e-mail to the address specified in § 1(4) of the Regulations.
13. The statement on price reduction or withdrawal from the Agreement should include:
1) the Customer's first and last name;
2) e-mail address;
3) Digital Product/Service delivery date;
4) description of the Non-Conformity disclosed;
5) indication of the reason for the statement, selected from among the reasons specified in Section 11 above;
6) a statement on price reduction, including an indication of the reduced price, or a statement on withdrawal from the Agreement.
14. If the Userwithdraws from the Account Service Agreement, the Seller shall delete the Account immediately upon receipt of the statement on withdrawal from the Account Service Agreement.
15. If the Subscriber withdraws from the Newsletter Services Agreement, the Seller shall stop delivering the Newsletter immediately upon receipt of the statement on withdrawal from the Newsletter Services Agreement.
16. Pursuant to Article 34 (1a) of the Consumer Rights Act, if the Customer withdraws from the Digital Product/Service Agreement, the Buyer shall stop using the Digital Product/Service and making it available to third parties.
§ 12. Intellectual property
1. All components of the Store, in particular:
1) the name of the Store;
2) the logo of the Store;
3) photos and descriptions of the Goods;
4) principles of operation of the Store's website, all its graphic elements, interface, software, source code and databases
- are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 - Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition, and other generally applicable laws, including European Union laws.
2. Any use of the Seller's intellectual property without its prior express permission is prohibited.
§ 13. Charitable activities of the Seller
1. The Seller hereby informs that it donates on its behalf 1% of the price of each Order to support one of the following charitable organisations (hereinafter: "Donation"):
1) Sea-Watch e.V. (https://sea-watch.org/en/);
2) CAMFED (Campaign for Female Education - https://camfed.org/eur/);
3) Doctors Without Borders/Médecins Sans Frontières (MSF) USA, Inc. (https://www.doctorswithoutborders.org).
2. The Buyer shall be entitled to indicate to the Seller the preferred organisation to which the Seller should make a donation in respect of the Buyer's Order. The Buyer can also choose fourth option - ‘please choose for me’, in which case the Seller will divide the 1% of the price of the Buyer’s Order between organisations indicated in Section 3 above (giving each of them an equal Donation).
3. The Seller shall make Donations in the manner and within the timeframes resulting from the policies and terms of cooperation with the particular charitable organisations specified in Section 1 above.
§ 14. Personal data processing
For information on the processing of personal data by the Seller, please refer to the Privacy Policy available at: https://jaaf.com/pages/privacy-policy.
§ 15. Out-of-court dispute resolution
1. The provisions of this § 15 apply only to Customers who are Consumers.
2. The Customer shall have the opportunity to use out-of-court procedures for handling complaints and pursuing claims.
3. Detailed information on the possibility for the Customer to use out-of-court ways of handling complaints and pursuing claims, as well as rules of access to these procedures are available at the offices and websites of:
1) district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection;
2) Voivodship Inspectorates of Commercial Inspection;
3) Office of Competition and Consumer Protection.
4. The Customer may also use the platform for online dispute resolution (ODR) available at: http://ec.europa.eu/consumers/odr/.
§ 16. Changes to the Account Service
1. The Seller is entitled to make changes to the Account Service in the event of:
1) the need to adapt the Account Service to newly developed devices or software used by Users to use the Account Service;
2) the Seller's decision to improve the Account Service by adding new functionality to it or modifying any of the existing functionalities;
3) legal obligation to make changes, including the obligation to adapt the Account Service to the current state of the law.
2. The change of the Account Service shall not involve any costs on the part of the User.
3. The Seller shall inform Users of the change made to the Account Service by posting a message on the Account informing of the changes. Independently, the information about the made change may be sent to Users by e-mail.
4. If the change to the Account Service will materially and adversely affect the User's access to the Account Service, the Seller shall inform the User about:
1) the characteristics and timing of the change, and
2) the User's right to terminate the Account Service Agreement with immediate effect within 30 (thirty) days of date of the change.
5. The information referred to in Section 4 above shall be sent by the Seller to the Users by e-mail, not later than 7 (seven) days before the change is made.
6. The User's termination of the Account Service Agreement pursuant to Section 4(2) above shall be effected by submitting to the Seller a notice of termination of the Account Service Agreement. The notice referred to in the preceding sentence may be sent by e-mail to the address specified in § 1(4)(1) of the Regulations. The Seller shall delete the Account immediately upon receipt of the statement referred to in the preceding sentence.
§ 17. Amendment to the Regulations
1. The Seller may amend the Regulations in the event of:
1) a change in the objects of the Seller's business;
2) the commencement by the Seller of the provision of new services, the modification of services previously provided or the discontinuation of their provision;
3) making technical modifications to the Store requiring adaptation of the provisions of the Regulations to such changes;
4) legal obligation to make changes, including the obligation to adapt the Regulations to the current state of the law.
2. Customers will be informed of changes to the Regulations by publication of the amended version of the Regulations on the Store's website at least 7 (seven) days prior to the date on which the amendments take effect. Within the period referred to in the preceding sentence, the amended version of the Regulations will be sent to Users and Subscribers by e-mail.
3. Sales Agreements and Digital Product Agreements concluded before the effective date of the new Regulations shall be governed by the provisions of the then effective Regulations.
4. A User or Subscriber who does not agree to the amendment to the Regulations is entitled to terminate the Account Service Agreement or Newsletter Services Agreement with immediate effect until the amendments to the Regulations become effective. Failure to terminate shall be deemed to constitute acceptance of the amendment to the Regulations.
5. Termination of the Account Service Agreement or the Newsletter Services Agreement shall be effected by the User or Subscriber submitting a notice of termination of such Agreement to the Seller. The notice referred to in the preceding sentence may be sent by e-mail, to the address indicated in § 1(4) of the Regulations.
6. Immediately upon receipt of the notice referred to in Section 5 above, the Seller shall delete the Account or cease to deliver the Newsletter.
§ 18. Final provisions
1. Appendix No. 1 - Statement on withdrawal of the Sales Agreement constitutes a part of the Regulations.
2. The current version of the Regulations is effective as of 21.02.2023.