§1

Terms used in these Terms of Use shall mean:

  1. Working days – Monday to Friday except for public holidays.
  2. Customer – a natural person having the capacity to perform acts in law, a legal person or an organisational unit which is not a legal person, who is granted legal status by separate regulations, who places Orders within the Online Shop. If the Agreement is concluded by a person having limited capacity to perform acts in law it is necessary to confirm the Agreement in writing by their statutory representative.
  3. Civil Code – the Act of 23 April 1964 (Journal of Laws of 2018, item 1025 as amended)
  4. Account – a part of the Online Shop granted to the Customer with which the Customer may perform specific actions within the Online Shop.
  5. Product – a service o physical product (an audiobook, report, opinion, etc.) available in the Online Shop which is the subject of an Agreement between the Customer and the Operator
  6. Terms of Use – these Terms of Use under which services are provided by electronic means.
  7. Registration – a one-time action by which the Customer creates an Account using the Registration Form provided by the Vendor at the Online Shop website.
  8. Registration Form – a form available in the Online Shop which allows the creation of an Account.
  9. Online Shop – the Vendor’s website available at www.jbsolutions.pl
  10. Operator – JB Solutions sp. z o.o. with a registered office in Gdańsk, ul. Jana z Kolna 11, 80-864.
  11. Agreement – an agreement on the sale of a Product or the provision of services concluded though the Online Shop between the Operator and the Customer.
  12. Consumer Rights Act – the Act of 30 May 2014 (Journal of Laws of 2017, item 683 as amended).
  13. Order – the Customer’s declaration of will aimed directly at concluding the Agreement, which shall include in particular the type and number of Products
  14. Order Form – an interactive form available in the Online Shop, allowing to place the Order, in particular through adding Products to an electronic cart and specifying the conditions of the Agreement including delivery and payment.
  15. GDPR – Regulation (EU) No 679/2016 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) including applicable Polish laws on personal data protection.

 §2

  1. In order to use and to shop at the Online Shop the Customer must have:
  • access to the Internet,
  • a standard operating system,
  • a standard web browser,
  • an active e-mail address.
  1. The use of the Online Shop shall mean the Customer’s every activity that leads to reviewing the contents of the Online Shop.
  2. The Customer shall not in particular:
  • use the Online Shop in a way which disrupts its operation,
  • use the Online Shop in a way which disturbs other Customers and the Operator,
  • use the Online Shop contrary to laws applicable on the territory of the Republic of Poland and the provisions of these Terms of Use,
  • to send and publish in the Online Shop unsolicited trading information.
  1. Prices of the Products provided in the Online Shop are gross prices. Prices of the Products are subject to change due to the Vendor’s promotional activity or sale with the provision that conditions of an Order shall not change for the Customer who had placed the Order before the commencement of the promotional action or sale.
  2. If the price of the ordered service is calculated individually, the Customer shall receive the price immediately (assuming that the description of the actual situation shall be sent on working days between 8 a.m. and 3 p.m.).
  3. Products offered in the Online Shop are free from legal defects. Product specifications provided in the Online Shop and Product prices are an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.

§3

  1. The placement of an Order by the Customer for a Product available in the Online Shop is the placement of an offer to conclude a purchase agreement for that Product to the Operator.
  2. If the price of a service is calculated individually, the Customer who accepted the price places an order in accordance with Section 4.
  3. The Customer may place the order as a registered Customer or as a guest. A registered Customer is the Customer who holds an account in the Online Shop.
  4. In order to place an Order the Customer shall take the following steps:
  • select the Product by clicking “Add to Cart”;
  • select the method of delivery and payment;
  • click “Go to checkout”,
  • create an account, log in their Account in the Online Shop or select “Continue as a guest”,
  • provide a delivery address and purchase document data. If the Customer had created an Account in the Online Shop and provided the above Account data, they can select that data without having to resubmit it,
  • Read and accept the Terms of Use. By accepting the Terms of Use the Customers confirm that they have read it. The acceptance of the Terms of Use is prerequisite to placing an Order.
  • click “Place the order” button.
  1. If the Customer had selected the payment method by Przelewy24, upon clicking “Place the order” button, the Customer is redirected to the transaction page of Przelewy24 in order to complete the payment for the Order.
  2. Once the Order is placed, the Customer shall receive an e-mail message confirming that the Order had been received including important details of the Order. The above e-mail message is the Operator’s declaration that they accept the offer and upon their reception by the Customer the agreement between the Operator and the Customer is concluded.

§4

  1. The Customer can make the payment of the price included in the Sales Agreement by:
  • Przelewy24 – in accordance with the Terms of Use of the service provided in http://www.przelewy24.pl,
  • A bank transfer to the bank account no 80 1140 2004 0000 3502 7511 8323, kept by mBank.
  1. If the Customer had selected a traditional bank transfer as the payment method or via Przelewy24, they are obliged to make the payment within 3 days of concluding the Agreement. After the expiry of this period, the Order shall be cancelled. The date of payment shall be the date on which the account to which the payment was made to is credited.
  2. The delivery costs of the Product are born by the Customer. The delivery costs and possible shipment methods are indicated to the Customer at the moment of Order placement.

§5

  1. The provision of the Order begins after the Operator sends an e-mail to the Customer including the confirmation of Order acceptance.
  2. The Order processing time is calculated from the day on which the payment for the Order is made.
  3. Upon the provision of the Order, the Operator shall send an e-mail to the Customer confirming Order execution.
  4. The Order shall be executed within 7 Working Days of the payment made by the Customer.
  5. The Operator reserves the right to renounce the Order if bringing the Product would be impossible or would involve excessive cost or a long waiting time. In such an event, the Operator shall inform the Customer and return the amount paid to the Customer within 14 days of sending such information.

§6

In accordance with Article 38 (13) of the Act of 30 May 2014 on consumer rights, the Customer who is a consumer within the meaning of the Civil Code shall have no right to renounce the Agreement on the sale of digital content which is not fixed on a tangible medium if the provision of the service commenced upon the Consumer’s explicit consent, before the expiry of the withdrawal period and after the Consumer was informed by the Operator that the right to withdraw expired.

  1. In cases not included in section 1 of the above §6, the Customer who is a Consumer shall have the right to renounce the agreement on the provision of the service without providing reasons within 14 calendar days of its conclusion. The period for withdrawal shall be deemed to have been observed if a declaration of withdrawal was sent before the expiry of the withdrawal period.
  2. The agreement shall be renounced by way of issuing a written declaration of the renouncement of the agreement sent to the Operator by e-mail to kontakt@jbsolutions.pl
  3. The Operator shall immediately send the Consumer a confirmation of the reception of the declaration of the will to renounce the Agreement to an e-mail address specified by the Consumer.
  4. The right to renounce the agreement on the provision of services at a distance referred to in section 2 shall not be applicable to Consumers with regard to the agreements:
  1. a) on the provision of services if the service provider had provided the service in full upon the consumer’s explicit consent after the consumer was informed that after the service was provided the consumer shall have no right to renounce the agreement;
  2. b) in which the price or remuneration shall depend on the fluctuations of the financial market, over which the service provider has no control and which may occur before expiry of the withdrawal period;
  3. c) in which the subject is objects which become inseparable from other objects upon their provision;
  4. d) on the provision of journals, periodicals or magazines, excluding subscription agreements;
  5. e) on the provision of digital content which is not fixed on a tangible medium if the provision of the service commenced upon the consumer’s explicit agreement before the expiry of the withdrawal period and after the Consumer was informed by the service provider that the right to withdraw expired.
  1. Within 14 days of receiving the Consumer’s declaration on the withdrawal of the agreement, the Operator shall return all payments to the Consumer. The Operator shall return the payment via the same payment method as used by the Consumer unless the consumer explicitly agreed to a return by different method, which does not involve any costs to the Consumer.

§7

  1. The Operator shall bear no responsibility for the consequences of using information included in the website or models of documents provided within the services.
  2. The Operator shall bear no responsibility for material and non-material damage incurred by the Customer as a consequence of using services provided by the Online Shop unless the damage inflicted by the Service provider was intentional or unless these Terms of Use provide otherwise.

§8

  1. All complaints shall be submitted by electronic means by filling in an electronic complaint form available upon sending the information to: kontakt@jbsolutions.pl
  2. The complaint shall be handled within 7 working days.
  3. The answer to the complaint shall be send to the Customer’s e-mail address.

§9

  1. The Operator’s liability for the failure to perform or improper performance of the service provided under the agreement concluded with the Customer is limited to the amount of remuneration paid by the Customer for the service performed.
  2. The limitation referred to in section 1 shall not apply to:

1) consumers,

2) cases in which limitation of liability is excluded under applicable laws.

§10

  1. The Controller of personal data is JB Solutions sp. z o.o. with a registered office in Gdansk at ul. Jana z Kolna 11, 80-864 Gdansk, entered in the Register of Entrepreneurs maintained by the District Court Gdansk-Polnoc in Gdansk, 7th Economic Division under the KRS number: 0000518202, NIP tax number: 5842735503, REGON statistical number: 222071637, share capital PLN 250,000.00, e-mail address: kontakt@jbsolutions.pl, phone number: +48 58 3808085
  2. The provision of personal data by the Customer is voluntary but necessary for the execution of the order.
  3. The Customer shall be responsible for the provision of false personal data.
  4. Participants’ personal data shall be processed by the Controller within the scope of these Terms of Use under the provisions of the Act of 29 August 1997 on the protection of personal data (Journal of Laws of 2002 No 101, item 926 as amended).
  5. The Customer’s personal data shall be processed for the purpose of communication between the Vendor and the Customer as well as for the purpose of performing the Sales Agreement and the delivery and payment for the Product.
  6. If the Customer shall give an additional consent, their personal data shall be processed by the Vendor for the purpose of informing the Customer of new promotions and services.
  7. The Customer shall have the right to access, rectify, erase their personal data, to limit its processing, to object, request to stop its processing and to transfer their data, as well as to withdraw the consent at any moment and to lodge a complaint to a supervising authority (i.e. President of the Personal Data Protection Office).
  8. Data provided by the Customer shall not be provided to third parties. Personal data shall only be provided to proper authorities under applicable laws.
  9. Data provided by the Customer shall not be subject to profiling.
  10. The Data Controller does not intend to transfer data to a third country or an international organisation.
  11. Personal data shall be stored for 10 years starting from the beginning of the year commencing after the year in which the consent to the processing of personal data was granted.

The rules of personal data processing by the Data Controller are laid out in the Data Security Policy.

§11

  1. These Terms of Use shall constitute an integral part of the Sales Agreement concluded between the Customer and the Vendor.
  2. The Terms of Use shall enter into force on the day in which they are published on the website of the Online Shop.
  3. The Operator shall reserve the right to amend these Terms of Use. For agreements concluded before the change of these Terms of Use the Terms of Use applicable are those which were in force at the moment of conclusion of the agreements.
  4. Matters not regulated in these Terms of Use shall be governed by applicable provisions of the Civil Code or other acts applicable for the operation of an Online Shop under Polish law.
  5. All photos, graphics, logos, publications and texts available in the Online Shop are protected under the act of 4 February 1994 on copyright and related rights (Journal of Laws of 1994 No 24, item 83). Unlawful copying, reproduction or dissemination of any content available in the Online Shop is forbidden.