Terms and conditions of the online store
Jabama

⭳ Download terms and conditions (PDF)

1. General provisions, contact with the store owner
   1. These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) define the terms and conditions of use of the Jabama online store, operating at www https://jabama.pl/.
   2. The Store is owned by Jabama Polska sp. z o.o. with its registered office at: Chrośla Lawendowa Street 75, 05-311 Dębe Wielkie, entered in the register of entrepreneurs of the National Court Register under KRS number: 0000875584, NIP: 8222384494 (hereinafter referred to as “Seller”).
   3. The contact details of the Seller are as follows:
      
      Contact address: Lawendowa Street 75 , 05-311 Chrośla
      E-mail address: marketing@jabama.pl
      Phone number: 512440104 (customer phone service hours - in the Contact tab).
      Point of contact for communication with EU member state authorities, European Commission, Digital Services Board: marketing@jabama.pl.  Communication can be conducted in Polish and/or English.
2. Technical requirements
   1. In order to use the Store, it is necessary to have:
      1. a computer or other device with an Internet browser;
      2. access to the Internet;
      3. an active e-mail address.
3. Personal information
   1. The administrator of the personal data of the Store's customers is the Seller.
   2. All information about the processing of personal data of customers, as well as other people using the Website of the Store, can be read at Privacy policy.
4. Conclusion of sales contract, customer account
   1. The Store allows the purchase of goods (hereinafter “Goods”),, made visible on the Website, in two modes:
      1. without registration;
      2. alongside creating an account at the Store.
      In both cases, in order to place an order, you need to select the Goods in the Store, add them to the “Cart” with the appropriate button and continue the ordering procedure by selecting the appropriate options (method of delivery and payment).
   2. Information about products in the Store, i.e. descriptions and prices, constitute an invitation to conclude a contract of sale within the meaning of Article 71 of the Civil Code, in accordance with the terms and conditions.
   3. The condition for placing an order is to fill in all the required data necessary for the execution of the contract in the order form, and possibly (at the customer's request) also the data for generating a VAT invoice.
   4. If a customer chooses to create an account with the Store (hereinafter referred to as “Account”), registration is one-time, and the e-mail address and password chosen by the customer are the basis for subsequent login. Details of the seller's provision of the digital service of maintaining an Account are available below in the Account Terms and Conditions. The store also allows logging into the Account via social media and/or Google user account. After logging into the Account, the customer has access to the history of his orders, and for subsequent purchases he does not have to fill in the order form again with his personal data.
   5. The customer may, without incurring any costs, cancel his account at any time. To do so, send your cancellation to the e-mail address: marketing@jabama.pl.
   6. Approval of the order by the customer with the “buy and pay” button (or another with similar wording) means:
      
      1. submitting an offer to the Seller to purchase the Goods in accordance with the options selected in the order and in accordance with these Terms and Conditions,
      2. acceptance of the obligation to pay the price of the Goods and the cost of their delivery.
   7. The conclusion of the contract of sale (hereinafter the “Contract”) occurs when the Seller accepts the order for processing (acceptance of the customer's offer), of which the Seller informs through an e-mail confirming acceptance of the order for processing.
   8. If it is not possible to fulfill the order of the Goods (in whole or in part), the Seller will inform the customer about it - then the Contract is not concluded. At the same time, the Seller will inform the customer of the existing possibilities for another way of fulfilling the order, such as partial fulfillment of the order or waiting for the Seller to replenish the stock. If the order has been previously paid by the customer, and it is not possible to fulfill it, the Seller shall immediately refund the customer the payments made (according to the extent of cancellation of the order).
   ;
   9. The Seller shall provide the customer with confirmation of the conclusion of the Contract on a durable medium no later than at the time of delivery of the Goods
   10. The store shall not be liable for non-delivery of an order or delay in its delivery resulting from the customer's provision of an incomplete / incorrect delivery address or failure to provide other data necessary for order processing.
   11. The Seller reserves the right to suspend the execution of an order in a situation where the customer has provided false data or where the data raises reasonable doubts about its correctness. In such a case, the Seller (if possible) will attempt to contact the customer to verify the veracity of the data provided.
5. Pricing and payment methods
   1. The prices of the Goods are given in Euro (EUR) and in gross amount, i.e. including VAT.
   2. The cost of delivery of the Goods is listed separately in the Store's shopping cart, depending on the delivery method selected by the customer.
   3. Available payment methods are available on the Store's website under "Payment methods" and are available to the customer for additional orders (in the cart).
   4. The store offers the following payment methods:
      
      1. traditional bank transfer to the Seller's account
      2. fast electronic transfer / BLIK / payment with a so-called virtual wallet - via the payment platform:
         
         • Przelewy24
      3. card payment: Visa, Visa Electron, MasterCard, MasterCard Electronic
      4. payment in cash or by card upon personal collection at the stationary Store location
   5. If the customer has chosen payment by ordinary bank transfer, payment for the order should be made within 7 days of its submission. In the absence of payment within the aforementioned period, the Contract shall be considered not concluded. The preceding sentence does not apply if the Seller offers customers deferred payment/payment in installments through an external partner.
   6. The online payment service provider for card payments is PayPro S.A.
   7. The online payment service provider for fast transfer payments is PayPro S.A.
6. Delivery of goods
   1. Delivery of goods takes place at the customer's choosing:
      • via courier service
      • by personal collection
   2. The customer can also pick up the order:
      1. in person at the Seller's location
   3. With the exception of goods collected by the customer in person, the order is considered fulfilled when the shipment is shipped to the customer (entrusting the shipment to a shipping carrier). The exact actual delivery date is determined by the carrier.
   4. Goods are shipped by the Seller within 30 working days, unless a different term is explicitly stated in the product description when the customer places an order. Detailed completion dates are given on the Website of the Store under the tab "Order completion time".
   5. As a standard, the Seller handles orders within the territory of the Republic of Poland at the cost indicated on the Website of the Store under "Delivery time and costs". Shipping abroad is possible at the cost indicated on the Website of the Store or costs individually agreed with the customer.
7. Withdrawal from the contract
   1. A customer who is a consumer or an entrepreneur referred to in Article 7aa of the Law on Consumer Rights (hereinafter "Privileged Entrepreneur") has the statutory right to withdraw from the contract of sale of the Goods within 14 days of its receipt, without giving any reason, subject to the exceptions mentioned below.
   2. To meet the deadline for withdrawal from the contract it is sufficient for the customer to send within the aforementioned period, a statement::
      • in electronic form to: marketing@jabama.pl or
      • in writing to the address: Lawendowa Street 75, 05-311 Chrośla.
   3. The statement of withdrawal can be submitted according to the template available here, the seller will immediately send the customer an e-mail confirmation of receipt of the withdrawal from the contract statement.
   4. Within the 14-day delivery period, the customer should return the delivered Goods at his own expense to the postal address: Lawendowa Street 75, 05-311 Chrośla.
   5. The Seller will immediately, no later than within 14 days from receiving the declaration of withdrawal from the contract, refund the customer:
      • cost of the goods;
      • the costs of the initial shipment of the Goods to the customer according to the cheapest usual method of delivering the goods offered in the Store.
   6. The Seller may refrain from refunding the payment until the Goods have been received back, or at least the customer provides the Seller with proof of sending the item back.
   7. We will refund the payment using the same means of payment used by the customer in the original transaction, unless the customer has expressly agreed otherwise.
   8. The customer is responsible for the diminished value of the returned Goods if, before submitting the declaration of withdrawal, he used the Goods in a manner other than necessary to ascertain the nature, characteristics and functioning of the thing.
8. Exceptions to the right of withdrawal from the contract of sale of goods
   1. The right of withdrawal does not apply to Contracts for the supply of Goods:
      1. Non-prefabricated, manufactured according to the specifications of the consumer / Privileged Entrepreneur or serving his individualized needs (personalized goods);
      2. that spoil quickly or have a short shelf life (perishable goods);
      3. delivered in a sealed package, if the package has been opened by the customer, and the goods after opening the package cannot be returned for health or hygienic reasons (goods packaged for hygienic reasons);
      4. sound or visual recordings or computer programs, delivered on a tangible medium (e.g. CD) in a sealed package, if the package was opened after delivery;
      5. which, after delivery, by their nature, become inseparable from other goods (e.g., construction materials, if used);
      6. Daily newspapers, periodicals or magazines, except for a subscription contract (paper press);
      7. the price of which depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiration of the deadline for withdrawal from the contract;
      8. Alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control.
9. Complaints
   
   1. The Seller shall deliver to the customer the Goods in accordance with the Contract.
   2. Towards consumers and Privileged Entrepreneurs, the Seller shall be liable for the conformity of the Goods in accordance with the provisions of the Consumer Rights Act. Towards other customers, the Seller bears responsibility under the rules of the Civil Code.
   3. Complaints may be filed:
      • in electronic form to: marketing@jabama.pl
      • or in writing to: Lawendowa Street 75, 05-311 Chrośla.
   4. The seller will consider the complaint in the form in which it was submitted (in writing or by e-mail) within 14 days of receiving the complaint.
   5. In the event of dissatisfaction with the manner in which the Seller has handled the complaint, the consumer and the Privileged Entrepreneur may (in addition to the usual proceedings in the courts of law) also use out-of-court ways of handling complaints and pursuing claims.
   6. For the above purpose you can:
      1. apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute,
      2. use the assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection,
      3. use the ODR platform (Online Dispute Resolution), which is used for online dispute resolution between consumers and businesses if the dispute concerns obligations arising from a contract concluded online. More information about the ODR platform can be found here,
      4. turn to a permanent amicable consumer court with a request to resolve a dispute arising from the concluded contract.
   7. Additional information on out-of-court complaint and redress procedures can also be obtained from the Website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/.
10. Product reviews
    1. The Store offers the possibility for the customer to add an opinion about a product (hereinafter " Reviews ").
    2. This functionality is only available to customers who have an Account and are logged in.
    3. Reviews added by the customer should be legal in the sense of the Digital Services Act (DSA) and in accordance with good morals, which means that you can't post Reviews:
       • of an unlawful nature;
       • contradictory to good morals, in particular: containing offensive, pornographic content, offending religious feelings, calling for racial, ethnic, religious hatred;
       • violating the rights of others, including in particular proprietary and personal copyrights and the right to privacy;
       • containing content or graphic elements of a commercial, advertising nature, concerning products other than those offered in the Store.
    4. The Seller and/or the provider of a third-party customer satisfaction/customer review survey program may moderate Reviews, which means that Reviews that do not comply with the Terms will not be published or may be removed.
    5. If the Review is blocked or deleted, the Seller will inform the customer, stating the reasons. In such case, the customer may file an appeal under the terms described in Section X. 6 of the Terms and Conditions.
    6. Appeals against decisions regarding the Review (hereinafter "Appeal") may be filed:
       • in electronic form: marketing@jabama.pl
       • or in written form: Lawendowa Street 75, 05-311 Chrośla.
       The seller will immediately confirm receiving the Appeal in electronic form (if the person submitting the Appeal has provided the seller with an e-mail address). The seller will consider the Appeal in the form in which it was submitted (in writing or by e-mail) within 14 days of receiving the Appeal.
    7. Any visitor to the Store has the opportunity to submit a notice (hereinafter "Notice") to the Seller if he/she believes that illegal content illegal under the Digital Services Act (DSA) or contrary to the Terms and Conditions has been posted on the Store as part of the Review. Notices should be submitted electronically to the following address: marketing@jabama.pl.
    8. The seller will electronically acknowledge receiving the Notice immediately. The Seller shall consider the Notice within 14 days of its reception, stating the reasons for it. From the Seller's decision considering the Notice, the person who submitted it may file an appeal under the rules described in Section X. 6 of the Terms and Conditions.
    9. In the event of dissatisfaction with the seller's resolution of the Appeal, the person filing the Appeal has the option of using the out-of-court dispute resolution methods provided for in the Digital Services Act (DSA).
    10. The seller is not responsible for Reviews posted on the Store by customers, provided that.:
        • has no knowledge that the Opinion is illegal content;
        • Immediately takes appropriate action to remove or prevent access to illegal content when it obtains such knowledge or information, in particular, the Seller shall immediately process Notices.
11. Final provisions
    1. Polish law shall apply to Contracts concluded in the Store. The Contract is concluded in the English and/or Polish language.
    2. Nothing in the Terms and Conditions excludes or in any way limits the rights of the consumer (and the Privileged Entrepreneur) under the law.
    3. The seller may amend the Terms and Conditions at any time, with such amendments applying to orders placed after the publication of the new version of the Terms and Conditions, and in the case of (i) previously concluded Digital or Electronic Service Agreements, as well as in the case of (ii) customers with an Account in the store - the customer will be notified of the change in the Terms and Conditions and the possibility of not accepting the new content.
    4. The Terms and Conditions are effective from 16-07-2024.

Account terms and conditions
at Jabama store

1. General provisions, contact with the seller
   1. These account terms and conditions ("Account Terms and Conditions") set forth the terms and conditions for the use of a customer account ("Account") in the Jabama online store ("Store").
   2. These Account terms and conditions constitute the terms and conditions of the electronic service within the meaning of the Electronic Services Act. The Account service is an additional and side service to the Seller's main activity, i.e. offering customers to purchase Goods. The Account service is free of charge.
   3. The Account Terms and Conditions are an addition to the Store Terms and Conditions. To the extent not regulated in the Terms and Conditions of the Account, the provisions of the Store Terms and Conditions shall apply to this service.
   4. The Seller's contact details in matters relating to the Account service are the same as in the case of the Store:
      Lawendowa Street 75, 05-311 Chrośla
      e-mail: marketing@jabama.pl
      tel.: +48512440104
2. Technical requirements and functionalities of the Account service
   1. The technical requirements for the use of the Account service are the same as for the use of the Store and are indicated in Section II.1. of the Store Terms and Conditions.
   2. By using the Account, the Store customer has, they can:
      1. save and store their personal information (including delivery address) in the Account, which allows them to make subsequent purchases from the Store without having to fill in the address form again,
      2. view their order history
      3. view their order status.
3. Contract for the provision of the Account service, withdrawal from the contract, cancellation of the Account
   1. Establishment of an Account by a customer is tantamount to the conclusion of a contract for the provision of electronic services for an indefinite period of time. The customer may resign from having an Account at any time without giving any reason. To do this, contact the seller electronically at marketing@jabama.pl. The customer also has the statutory right to withdraw from the contract for the provision of the Account service within 14 days of its conclusion.
4. Complaints
   
   1. Towards consumers and Privileged Entrepreneurs, the Seller is liable for the compliance of the Account service with the contract in accordance with the provisions of the Consumer Rights Act. Towards other customers, the Seller shall be liable under the Civil Code.
   2. Complaints about the Account service may be submitted to the seller in accordance with the procedure provided for in Section IX. 3-5 of the Terms and Conditions of the Store.
   3. In case of dissatisfaction with the seller's handling of the complaint, there is also the possibility of using out-of-court means of handling complaints and pursuing claims, in accordance with the procedure described in points IX. 6-7 of the Terms and Conditions of the Store.
5. Personal data
   
   1. Full information on the processing of personal data of Store customers, including for the purposes of maintaining an Account, can be found in the Privacy Policy.
6. Changes to the Account Terms and Conditions
   1. The seller may make changes to these Account Terms and Conditions under the terms indicated in Section XI. 3 of the Terms and Conditions of the Store. If the customer does not accept the new wording of the Account Terms and Conditions, he may terminate the contract for the provision of Account services (by contacting the Seller electronically for this purpose) with 14 days' notice.