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The terms and conditions

<p><strong>General terms and conditions</strong></p>

General terms and conditions

The following Terms and Conditions (Terms) apply to all purchase orders in our online shop available at hurtowniabalonow.pl, operated by JMB TEAM Sp. z o.o., based in: Tulipanowa 2b, Raciborz 47-400, Poland, NIP (tax identification number): 6392018043, REGON (statistical identification number): 383592370.

Share capital: PLN. Our company is registered in the National Court Register of Entrepreneurs kept by Sąd Rejonowy w Gliwicach - X Wydział Gospodarczy KRS under KRS number 0000790239.

1. Scope

Our terms apply to all orders placed via our online shop.

These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.

2. Contractual partner, formation of contract, options for corrections

The contract is concluded with JMB TEAM Sp. z o.o..

By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

3. Contract language, saving of the contract text

The language(s) available for concluding the contract: German, English, Polish

We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.

4. Delivery conditions

Delivery costs may apply to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers.

We only dispatch goods en route; pick up by the customer is not possible.

5. Payment

The following payment methods are basically available in our online shop.

Credit Card
With the submission of the order, you provide your credit card details. After your identification as the legal cardholder, the payment transaction is automatically carried out and charged to your card.

PayPal
During the ordering process you will be forwarded to PayPal's website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.

Google Pay
In order to pay the invoice amount via Google Pay, you have to be registered with the service provider Google, must have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out directly after submission of your order. Further information can be found during the ordering process.

Apple Pay
In order to pay the invoice amount via Apple Pay, you have to use the „Safari“ browser, be registered with the service provider Apple, must have activated the Apple Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out directly after submitting your order. Further information can be found during the ordering process.

Purchasing on account and financing by Klarna
In collaboration with Klarna AB (www.klarna.com), Sveavägen 46, Stockholm, Sweden, we can offer you the payment options of purchasing on account and payment by instalments. Please note that Klarna accounts and Klarna payment by instalments are only available for consumers and that payment has to be made to Klarna.

Klarna payment by instalments
Using the financing service from Klarna, you can pay for your shopping in flexible monthly instalments of at least 1/24 of the total amount (at minimum, however, 6.95 euros). You can find further information on Klarna payment by instalments including the General Terms and Conditions and Standard European Consumer Credit Information here.

Klarna account
By purchasing on account with Klarna, you receive the goods first and then always have a payment term of 14 days. The full general terms and conditions for purchasing on account are available here.

Financing via Klarna
IIn cooperation with Klarna AB (www.klarna.com), Sveavägen 46, Stockholm, Sweden, we offer you a Klarna Credit option of paying for your purchase. Please be informed that the Klarna Credit option is available only to consumers and that the payment must be made to Klarna. With Klarna's financing service you can pay for your purchases flexibly in monthly instalments of at least 1/24 of the total amount due (however, not less than EUR 6.95). For more information on Klarna Credit option, as well as General Business Terms and the Standard European Consumer Credit Information form, click on this link.

Invoice
You may pay for your purchase by means of bank transfer after you have received the goods together with the invoice. We reserve the right to allow payment by invoice only after we verify your credit rating.

Cash payment on collection
You may pay the invoice amount in cash on collection.

Stripe
Prepayment

6. Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.

7. Retention of title

The goods shall remain our property until full payment is made.

For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.

8. Damage during delivery

For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. Furthermore, businesses are subject to the inspection and notification requirements set out in art. 563 § 1 of Kodeks Cywilny (Polish Civil Code). The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.

9. Warranty and guarantees

For consumers the following applies: statutory rights shall apply with respect to liability for defects. For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. We are under a legal duty to supply products that are in conformity with this contract. Complaints can be submitted by:

  • e-mail: biuro@hurtowniabalonow.pl
  • post: JMB TEAM Sp. z o.o., Tulipanowa 2b, 47-400 Raciborz, Poland

When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. If, because of the kind of the thing or the manner of its assembly, it would be excessively difficult for the buyer to deliver the thing, the buyer shall be obliged to render the thing available for the seller at the place at which the thing is located.

Applicable to businesses: our liability under statutory warranty for defects is excluded due to 558 § 2 of Kodeks Cywilny (Polish Civil Code). Exclusion or limitation of liability under statutory warranty for defects is ineffective if the seller has deceitfully concealed a defect from the buyer.

Applies for both consumers and businesses: for some products additional guarantees may apply; information about any additional guarantees (e.g. producer guarantee) and their precise conditions can be found next to the product or on distinct information pages in the online shop, if applicable.

Customer service: Our customer service is available for queries, complaints and claims on working days from 8:00 to 15:00 via phone at +48 579938337 as well as via email at biuro@hurtowniabalonow.pl

10. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.

Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

11. Online dispute resolution

We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Inspektor der Handelsinspektion in Kattowitz in Katowitz, Brata Alberta 4, 40-020 Katowice, Polen, katowice.wiih.gov.pl.

Furthermore, the European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.

12. Final provisions

For businesses Polish law applies; the provisions of the UN Convention on Contracts of the International Sale of Goods are excluded.

For businesses, public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.

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