Terms and conditions of use

Terms and Conditions of the jagna.pl Store

This Terms and Conditions sets out the rules for concluding sales agreements via the online store, defines the principles of performance of such agreements, the rights and obligations of the Seller and the Customer, as well as the rules for complaint procedures.

1. General Provisions
   1. The owner of the store operating at www.jagna.pl is ABICOM spółka z ograniczoną odpowiedzialnością, with its registered office at ul. Pileckich 32, 36-020 Tyczyn, Poland, NIP: 8133732321, REGON: 365995922, KRS 0000650198, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, XII Commercial Division of the National Court Register. Share Capital: PLN 5,000.00. Hereinafter referred to as the "Seller". The Seller conducts sales of goods and services exclusively via the Internet, presenting commercial information on the website www.jagna.pl.
   2. The Customer may contact the Seller in any form using the contact details provided at http://www.jagna.pl/kontakt, including in particular: by e-mail at bok@jagna.pl, by telephone at (+48) 17 785 21 88, or in writing at ul. Pileckich 17, 36-020 Tyczyn, Poland.
   3. A Customer of the store may be a natural person residing in the territory of Poland, as well as a legal person or an organizational unit without legal personality which has been granted legal capacity under the law, having its registered office in Poland. The term "Customer" also includes "Consumer".
   4. Whenever these Terms and Conditions refer to a "Consumer", this shall mean a Customer who is a natural person entering into a legal transaction with an entrepreneur (in particular with the Seller) not directly related to their business or professional activity.
   5. Prices and other information regarding products displayed on the Store's website constitute commercial information only. This information does not constitute an offer within the meaning of the Civil Code, but is an invitation to submit offers by the Customer. They become binding on the Seller, for the purpose of concluding a specific agreement, only at the moment of the Seller's confirmation of acceptance of the Customer's order for execution.
   6. All product prices in the Store, depending on the selected currency option, are given in Polish zloty (PLN), euro (EUR) or US dollars (USD) and are gross prices (including VAT). These prices are binding at the time the order is accepted for execution. The indicated prices do not include the cost of delivery of the ordered goods to the Customer, which are specified at the latest before the order is placed.
   7. The technical requirement necessary to view commercial information in the Store and to place an order is the use of a device equipped with an Internet browser with Internet access.
   8. Each transaction is confirmed by a proof of purchase or a VAT invoice. A VAT invoice is issued by the Seller at the Customer's individual request. In accordance with applicable legal regulations, the Seller's signature is not a mandatory element of a VAT invoice. The Customer agrees to receive proof of purchase electronically.
   9. All products offered by the Seller are brand new, free from physical and legal defects, and have been legally introduced into the Polish market. Orders are executed within the territory of Poland. It is also possible to ship abroad, in which case the terms of sale and shipment of goods abroad are agreed individually with the Customer.
2. Registration, Conclusion and Termination of Agreements for the Provision of Electronic Services
   1. Registration is voluntary. Upon registration, an individual Customer Account is created for the Customer.
   2. In order to register, the Customer should complete the registration form available on the Store’s website (www.jagna.pl/create_account.php).
   3. If the Customer is a Consumer, the following data are required for registration:
      1. An active e-mail address,
      2. A password for the Customer Account,
      3. First and last name,
      4. Residential address (street, building number, unit number, postal code, city),
      5. Telephone number.
   4. Additionally, if the Consumer is often absent from their place of residence, it is optional to provide an additional delivery address (e.g., place of work).
   5. If the Customer is not a Consumer, the following data are required for registration:
      1. An active e-mail address,
      2. A password for the Customer Account,
      3. Company name,
      4. Tax Identification Number (NIP),
      5. Registered office address (street, building number, unit number, postal code, city),
      6. Full name of the contact person,
      7. Telephone number.
   6. Clicking the button on the registration form page which saves the data in the Store’s system completes the Customer’s registration and constitutes confirmation of the accuracy of the data provided in the registration form.
   7. The Seller may refuse to register a Customer in the cases referred to in paragraph 12 below.
   8. The Customer may appeal a decision refusing registration within 7 days, applying accordingly the provisions of Part VI of the Terms and Conditions – Complaints.
   9. The Customer may terminate the agreement for the provision of electronic services at any time, subject to one month’s notice effective at the end of a calendar month.
   10. The Seller may terminate the agreement for the provision of electronic services subject to a 14-day notice period if the Customer has not been active in the Store, in particular has not placed an order or logged into the Account within one year from the last activity.
   11. Termination of the agreement by either party, as well as dissolution by mutual consent, shall result in blocking the Customer’s access to the Account and its deletion. A notice of termination shall be sent: (a) by the Customer to the Seller’s e-mail address indicated in Section I(2); (b) by the Seller to the Customer’s Account.
   12. The Seller may terminate the agreement for the provision of electronic services subject to a 14-day notice period if:
       1. the purpose of the registration or the manner of using the services is manifestly contrary to the rules and purpose of the Store’s operation;
       2. the Customer’s activity is contrary to applicable standards of decency, incites violence or the commission of a crime, or infringes third-party rights;
       3. the Seller has received an official notice of unlawful nature of the data provided or activities related thereto;
       4. the Seller has obtained credible information on the unlawful nature of the data provided or activities related thereto and has previously notified the Customer of the intention to suspend the Account/refuse registration;
       5. the Customer sends unsolicited commercial information;
       6. the Customer grossly or persistently breaches these Terms and Conditions;
       7. the address data provided by the Customer raise justified doubts as to their correctness or truthfulness, and such doubts could not be resolved by telephone or e-mail contact.
   13. Before terminating the agreement for the provision of electronic services, and also in cases other than those set out in paragraph 12 above, the Seller may suspend the Account for a specified period not exceeding 14 days. Suspension of the Account consists in blocking the possibility of using the Store’s services, including making purchases. The Customer shall be notified of the reason for the suspension by e-mail. The decision to suspend the Account shall be revoked if the reason for the suspension ceases.
   14. A notice of termination of the agreement for the provision of electronic services submitted by the Seller shall be sent to the e-mail address provided in the Customer’s Account. Termination of the agreement for the provision of electronic services results in permanent deletion of the Account. A notice of termination submitted by the Customer may be sent to the contact e-mail address indicated in a separate tab on the Store’s website or by deleting the Account.
   15. If termination occurred on the part of the Seller, re-registration is possible upon the Seller’s consent, subject to paragraph 10 above.
   16. Termination or dissolution of the agreement for the provision of electronic services by mutual consent shall not affect the performance of sales agreements already concluded, unless the parties agree otherwise.
3. Placing and Fulfilment of Orders
   1. Placing an order shall mean adding products to the shopping cart on the Store’s website, completing the “Order Form” in accordance with the instructions provided therein, and clicking the button marked “Order with an obligation to pay”. The person placing the order is obliged to complete the Order Form fully and truthfully.
   2. Orders are accepted via www.jagna.pl, 24 hours a day, 7 days a week, all year round. After placing an order, the Customer will receive an automatic message from the system confirming that the order has been placed. If no such information is received, the Customer should contact the Seller by telephone or e-mail.
   3. After the electronic message confirming receipt of the order, acceptance of the order for execution shall be confirmed by the Seller by e-mail. Upon the Seller’s confirmation of acceptance of the order for execution, the sales agreement is deemed concluded.
   4. The sales agreement is concluded in the Polish language. Matters not regulated by the agreement shall be governed by these Terms and Conditions.
   5. After the order is accepted by the Seller, its execution begins:
      1. in the case of cash on delivery – immediately,
      2. in the case of prepayment – upon receipt of the payment into the Seller’s bank account.
   6. The order fulfilment time varies depending on the availability of the ordered product (e.g., size/colour of lingerie) and is usually 1–3 business days. In exceptional cases, this period may be extended, of which the Store’s staff shall inform the Customer individually; however, the fulfilment time shall not exceed 30 days.
   7. For orders consisting of several goods to be delivered in a single shipment, the fulfilment time shall depend on the time required by the Seller to assemble the last item of the order, unless the Parties agree otherwise.
   8. The Customer may cancel the order at any stage of its fulfilment without giving reasons, until the goods are handed over to the postal operator.
   9. If the Customer is a consumer, together with the goods the Customer shall receive written confirmation of the conclusion of the agreement stating its date and type as well as the subject matter of the performance and the price.
4. Payment Methods and Shipping Costs
   1. The costs of shipping the goods and other costs indicated in the order form shall be borne by the Customer in accordance with applicable law.
   2. The Customer may choose a payment method from those indicated in the order form. The payment deadline for ordered goods in the case of the following payment methods: bank transfer (prepayment), Przelewy24, PayPal is 7 days from the date the order is accepted for execution. After expiry of this period, the Customer shall be notified by e-mail of the possibility to make payment within an additional 3-day period. The ineffective lapse of the additional period results in automatic termination of the sales agreement.
   3. The date of payment shall be deemed the date on which the Seller’s bank account is credited.
5. Right of Withdrawal from the Contract
   1. Pursuant to the Act of 30 May 2014 on Consumer Rights, the Consumer has the right to withdraw from a distance sales agreement within 14 days without giving any reason (hereinafter the “right of withdrawal” or the “consumer right of withdrawal”).
   2. The time limit for exercising the right of withdrawal expires 14 days after the day on which the Consumer or a third party indicated by the Consumer, other than the carrier, takes possession of the goods. If the sales agreement covers multiple goods delivered separately, in lots or in parts, the period shall run from the time of taking possession of the last good, lot or part.
   3. In order to exercise the right of withdrawal, the Consumer must inform ABICOM spółka z ograniczoną odpowiedzialnością, ul. Pileckich 32, 36-020 Tyczyn, e-mail: bok@jagna.pl, telephone: (+48) 17 785 21 88, of their decision to withdraw from the agreement by making an unequivocal statement using one of the methods referred to in Section XI of these Terms and Conditions.
   4. The Consumer may use the model withdrawal form constituting Annex No. 1 to these Terms and Conditions (template form), but this is not obligatory. This does not limit the Consumer’s right to submit an unequivocal withdrawal statement in another form in which they inform of their decision to withdraw from the agreement.
   5. The statement may be submitted electronically to bok@jagna.pl or by post to the correspondence address: ABICOM spółka z ograniczoną odpowiedzialnością, ul. Pileckich 17, 36-020 Tyczyn. If the Consumer exercises the consumer right of withdrawal, the Seller shall promptly send confirmation of receipt of the information on withdrawal on a durable medium (e.g., by e-mail).
   6. To meet the withdrawal deadline, it is sufficient to send information regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
   7. In the event of withdrawal from the agreement, all payments received from the Consumer, including the costs of delivery of the goods (except for additional costs resulting from the Consumer’s choice of a delivery method other than the least expensive standard delivery method offered by the Seller), shall be reimbursed without delay and in any event not later than 14 days from the date on which the Seller is informed of the Consumer’s decision to exercise the right of withdrawal.
   8. The Seller shall make the reimbursement using the same means of payment as used by the Consumer in the original transaction, unless the Consumer has expressly agreed otherwise; in any event the Consumer shall not incur any fees as a result of such reimbursement. The Seller may withhold reimbursement until it has received the goods back or until the Consumer has supplied evidence of having sent back the goods, whichever is the earliest.
   9. The Consumer shall bear the direct costs of returning the goods to the Store.
   10. The Consumer shall be liable for any diminution in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
   11. The Consumer is obliged to return the goods to the Seller or hand them over to a person authorized by the Seller to receive them without delay and in any event not later than 14 days from the day on which the Consumer withdrew from the agreement. Returned goods should be sent to: ABICOM spółka z ograniczoną odpowiedzialnością, ul. Pileckich 17, 36-020 Tyczyn.
   12. The right of withdrawal from a distance agreement does not apply to the Consumer in the cases specified in Article 38 of the Act on Consumer Rights, and in particular with respect to an agreement:
       1. for the supply of goods in sealed packaging which are not suitable for return for health protection or hygiene reasons and were unsealed after delivery;
       2. for the supply of goods which, according to their nature, are inseparably mixed with other goods after delivery.
   13. The provisions of this Section V relating to the Consumer shall, as of 1 January 2021, also apply to a Customer who is a natural person concluding an agreement directly related to their business activity, where the content of the agreement indicates that it is not of a professional nature for that person, in particular arising from the subject of their business activity made available pursuant to the provisions of the Central Register and Information on Economic Activity.
6. Complaints, Warranty, and Lack of Conformity of Goods with the Contract
   1. Goods offered in the Store are covered by the manufacturer’s or distributor’s warranty.
   2. The Seller is under a legal obligation to deliver goods free from defects. The Customer may submit claims regarding defects by making a statement using one of the methods referred to in Section XI of these Terms and Conditions. In order to expedite consideration of a complaint, we kindly request that the Customer indicates the reason for the complaint, the content of the claim, the order number and the Customer’s contact details.
   3. The Seller shall be liable to the Customer if the goods are not in conformity with the contract.
   4. The Consumer is entitled to demand that the goods be brought into conformity with the contract by requesting repair or replacement. The Seller may replace the goods when the Consumer requests repair or the Seller may repair the goods when the Consumer requests replacement, if the method chosen by the Consumer is impossible or would involve excessive costs for the Seller. If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the contract.
   5. If the goods are not in conformity with the contract, the Consumer may make a statement requesting a price reduction or withdrawal from the contract if:
      1. the Seller has refused to bring the goods into conformity with the contract;
      2. the Seller has not brought the goods into conformity with the contract;
      3. the lack of conformity persists, despite the Seller’s attempt to bring the goods into conformity with the contract;
      4. the lack of conformity is so significant as to justify a price reduction or withdrawal from the contract without first resorting to the protective measures specified in Article 43d;
      5. it is clear from the Seller’s statement or the circumstances that the Seller will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.
   6. A Consumer exercising rights under statutory warranty (rękojmia) is obliged to deliver the defective goods to the address referred to in Section V(11).
   7. If the Consumer requests replacement of the goods or removal of the defect, or submits a statement on price reduction specifying the amount by which the price is to be reduced, and the Seller does not respond to the request within 14 days, it shall be deemed that the request has been acknowledged as justified.
   8. The Seller shall be liable for any lack of conformity of the goods with the contract existing at the time of delivery and revealed within two years from that time, unless a longer period of usability of the goods has been specified by the Seller, its legal predecessors or persons acting on their behalf. It is presumed that a lack of conformity which becomes apparent before the expiry of two years from delivery already existed at the time of delivery, unless proved otherwise, or unless this presumption cannot be reconciled with the nature of the goods or the nature of the lack of conformity.
   9. In the event that a claim under statutory warranty is not upheld, the goods will be reshipped to the Customer’s address.
   10. In the case of an exchange of goods resulting from incorrect order fulfilment by the Seller, shipping costs shall be borne by the Seller.
   11. The provisions of this Section VI relating to the Consumer shall also apply to agreements concluded from that date (as appropriate) to a Customer who is a natural person concluding an agreement directly related to their business activity, where the content of the agreement indicates that it is not of a professional nature for that person, in particular arising from the subject of their business activity made available pursuant to CEIDG regulations.
   12. Pursuant to Article 558 § 1 of the Civil Code, the Parties hereby exclude the Seller’s liability under statutory warranty towards Customers who are not Consumers.
7. Partial Return of Goods – Amendment of the Contract
   1. Without prejudice to the Consumer’s right of withdrawal referred to in Section V and the rights referred to in Section VI, the Customer may return only part of the goods purchased in our store, provided that the performance arising from the obligation is divisible.
   2. A partial return is possible within 14 days from the date of receipt of the goods. To meet the deadline, it is sufficient to send, before its expiry, a declaration of intent concerning partial return of the goods using one of the methods referred to in Section XI of these Terms and Conditions (sample partial return form).
   3. Upon receipt and acceptance of the partial return of goods, the Seller shall refund to the Customer the price corresponding to the value of the returned goods as of the date of purchase, according to the Customer’s choice: by bank transfer, refund to the credit card used by the Customer to pay for the goods, or by postal order. Refund by postal order is possible provided that the Customer agrees to deduct the costs of the postal order in the amount of PLN 5.20 + 1%.
   4. The costs of shipping the returned goods from the Customer to the Store shall be borne by the Customer.
8. Privacy Policy and Final Provisions
   1. Provisions concerning the protection of personal data are contained in a separate document “Privacy Policy”, available on the Store’s website at: http://www.jagna.pl/content/4-polityka-prywatnosci?cms_category=informacje-o-sklepie.
   2. Provisions concerning cookies are contained in a separate document “Cookie Policy”, available on the Store’s website at: http://www.jagna.pl/content/2-polityka-cookies?cms_category=informacje-o-sklepie.
9. Publishing Reviews on the Store’s Website
   1. A “Review” within the meaning of these Terms and Conditions is any subjective statement or excerpt thereof concerning products offered by the Seller in the Store, published on the Store’s website.
   2. The Seller enables Customers to submit Reviews regarding products offered in the Store.
   3. Reviews may be published on the Store’s website by all Customers who have a user account on the Store’s website. The possibility of adding Reviews is not conditional upon the purchase of a given product in the Store.
   4. Submission of a Review by a Customer is tantamount to a statement that it does not violate applicable law. The Customer shall bear full liability in the event of publication of a Review that violates the law.
   5. A Review submitted by a Customer shall be published by the Seller after verification for compliance with these Terms and Conditions. The Seller shall decide whether to publish or refuse to publish a Review submitted by a Customer within 14 days from the date of submission. Refusal to publish a Review does not prevent the Customer from resubmitting a Review regarding the same product.
   6. The Seller shall refuse to publish a Review in particular when it:
      1. is contrary to law or good morals, in particular incites racial, religious, ethnic hatred, etc., contains fascist or pornographic content, commonly regarded as vulgar, promotes violence, or offends religious feelings;
      2. infringes any rights of third parties, in particular rights related to the protection of copyrights and related rights, industrial property rights, or trade secrets;
      3. contains personal data, contact details, e-mail addresses or other data enabling identification of a specific person;
      4. contains links to other websites;
      5. contains advertising content or other commercial content;
      6. does not relate in whole or in part to the reviewed product;
      7. contains spam content;
      8. is posted by automated means, i.e., bots.
   7. Before publishing a Review, the Seller independently verifies whether the product to which the Review relates has been purchased. For this purpose, the Seller verifies whether the product to which the reviewed Review relates was ordered from the user account on the Store’s website from which the Customer submitted the reviewed Review. If it is found that the Customer placed an order for the product in the Store and the Review is published on the website, the Seller places an appropriate annotation next to the published Review.
   8. Reviews published by the Seller are not sponsored and are independent of the contractual relationship between the Seller and the Customer.
10. Application of Price Reductions in the Online Store
    1. If the Seller applies price reductions, alongside the information on the gross price after the reduction there shall be information on the lowest price of the product in the 30 days preceding the reduction.
    2. The information referred to in paragraph 1 shall be displayed in such a way that the consumer has the possibility to easily become acquainted with it before making a decision to purchase goods offered in the online store.
11. Seller’s Contact Details
    1. To exercise the rights referred to in Sections V, VI and VII and to contact the Seller in other matters, the Buyer may:
       1. personally at the company’s sales office: ul. Pileckich 17, 36-020 Tyczyn;
       2. in writing, via postal operator, to: ABICOM sp. z o.o., ul. Pileckich 17, 36-020 Tyczyn;
       3. by telephone at: +48 177852188.
12. Additional Right of Return (40 days)
    1. Without prejudice to the right of withdrawal set out in §5 of the Terms and Conditions, the Store grants the Customer an additional right to return goods within 40 days from the date of receipt of the shipment.
    2. The rules for exercising this additional right of return shall apply accordingly as set out in §5, except for the extended time limit.
    3. The additional right of return does not limit or exclude any Consumer rights arising from generally applicable law.
13. Final Provisions
    1. All trademarks, company names, photographs and textual works found on the website are the property of the Seller or companies cooperating with the Seller and are presented here with their consent for information purposes. The Seller does not consent to their copying.
    2. Matters not regulated herein shall be governed by Polish law, in particular the Civil Code of 23 April 1964 and the Act of 30 May 2014 on Consumer Rights.
    3. Any disputes between the parties shall be resolved by the competent common court.
    4. Registered Customers shall be notified by e-mail of any amendments to the Terms and Conditions, with the right to terminate the agreement within 14 days. Amendments to the Terms and Conditions shall take effect upon the expiry of the notice period. In addition, information on changes shall be posted on the Store’s website. Orders placed before the entry into force of the amendments shall be subject to the Terms and Conditions in the wording in force at the time the order was placed.