Terms and Conditions

Table of Contents

I. General Provisions

At Jan Barba, we care about consumer rights. Any potential doubts should be interpreted in favor of the consumer.

Definitions:

  1. Regulations – these online store Regulations.
  2. Seller – Jan Barba Spółka z ograniczoną odpowiedzialnością, Cybulice Małe, ul. Wesoła 37, 05-152 Czosnów, NIP: 531-171-42-76, REGON: 521450441, KRS: 0000958974, hello@janbarba.com.
  3. Customer – a natural person or entity using the store's services.
  4. Online store – janbarba.com
  5. Order Form – enables placing an order.
  6. Account – a collection of customer data and order history.
  7. Sales Agreement – an agreement concluded between the Customer and the Seller.
  8. Product – a movable item available in the Store.
  9. Order – a declaration of will submitted by the Customer.

II. Procedure for Concluding a Sales Agreement in the Online Store

The sales agreement is concluded after the Customer places an order. Online payment processing is provided by Shopify Payments and PayPal. Available payment methods: payment cards (Visa, Mastercard, American Express), Shop Pay, Apple Pay, Google Pay, PayPal.

The Seller promptly confirms receipt of the order and accepts it for processing. At this point, the sales agreement is concluded.

III. Customer Account

The Store allows for the creation of a customer account, which can be set up during the ordering process or via the "My account" page.

Creating an account is not mandatory for making a purchase, but it may be required to use selected features of the Store, including the loyalty program.

The customer account is created based on the data provided by the Customer, particularly the e-mail address.

The Customer is responsible for maintaining the confidentiality of account access data.

IV. Loyalty Program

The Store operates a loyalty program in which Customers receive points for purchases made.

  • For every 1 PLN spent, the Customer receives 1 loyalty point.
  • Points can be exchanged for discounts on subsequent purchases (100 points = 5 PLN).
  • Points are credited only for paid orders and do not include canceled or returned orders.
  • Points are not a means of payment and cannot be exchanged for cash.
  • Points cannot be combined with other promotions or discount codes.
  • Points are valid for 6 months from the date of their accrual. After this period, they expire and cannot be used.
  • Points may be adjusted in the event of an order cancellation or return.
  • The Store reserves the right to change the rules of the program.

V. Conditions for Concluding a Sales Agreement

The product price shown in the store includes taxes and is expressed in Polish Zlotys.

VI. Payment Terms for the Product

The Customer is obliged to make payment within 7 days from the conclusion of the sales agreement.

VII. Cost, Methods, and Delivery/Collection Time of the Product

Delivery is subject to a fee, unless the agreement states otherwise. Delivery costs and time are indicated when placing an order.

Delivery time depends on the carrier. In the case of bank transfer/card payment - calculated from the date of payment crediting.

VIII. Product Complaint

  1. In the event of a physical or legal defect, the warranty under the Civil Code applies.
  2. Complaints can be submitted:
    • in writing: Cybulice Małe, ul. Wesoła 37, 05-152 Czosnów
    • by e-mail: hello@janbarba.com
  3. The Seller will respond to the complaint within 14 days.
  4. In the event of a complaint being upheld, the costs of return shipment are borne by the Seller. If the complaint is not upheld, the cost of returning the goods is borne by the Customer.

IX. Right of Withdrawal from the Contract

  1. A Customer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, with the exception of shipping costs and other costs incurred by the Seller for the purpose of this sale. To meet the deadline, it is sufficient to send a statement before its expiry. The statement of withdrawal from the contract may be submitted:
    • in writing to the address: Cybulice Małe, ul. Wesoła 37, 05-152 Czosnów;
    • in electronic form to the address: hello@janbarba.com
  2. The period for withdrawal from the contract begins from the moment the Customer or a third party indicated by them, other than the carrier, takes possession of the product.
  3. In the event of withdrawal from a distance contract, the contract is considered not concluded.
  4. The Seller is obliged, no later than 14 days from the date of receipt of the statement of withdrawal from the contract, to return all payments made by the Customer, excluding delivery costs and other incurred costs. The refund is made using the same payment method, unless the Customer has agreed to a different refund method that does not incur costs for them.
  5. The Seller may withhold the refund until the product is received back. The Customer is obliged to return the product immediately, no later than 14 days from the day on which they withdrew from the contract. To meet the deadline, it is sufficient to send back the product before its expiry. Returns should be sent to: Cybulice Małe, ul. Wesoła 37, 05-152 Czosnów.
  6. For hygienic and health reasons, products that have been opened or unsealed after delivery are not subject to return if, due to their nature, they cannot be re-marketed. This applies in particular to factory-sealed products (e.g., shrink-wrapped, sealed, or with tamper-evident seals) if their packaging has been breached by the Customer.
  7. The Customer has the right to withdraw from the contract only with regard to products that are:
    • unused,
    • undamaged,
    • in original, sealed packaging,
    • without signs of opening, unscrewing, pressing, spraying, etc.

    Examples of products subject to this restriction include: perfumes, cosmetics, samples, and other products whose use or opening makes them unsuitable for re-offering for hygienic or safety reasons.

  8. Products with a short shelf life and products prepared for the Customer's individual order are also excluded from the right of withdrawal.
  9. Any costs associated with withdrawal from the contract are borne by the Customer.
  10. In the event of a partial return of an order, as a result of which the value of products retained by the Customer falls below the threshold entitling to free delivery, the Seller reserves the right to deduct the standard shipping cost, in accordance with the price list applicable at the time of placing the order, from the refund amount.

    Example: Order for PLN 350 with free shipping (threshold PLN 290). The Customer returns products for PLN 100, the value of retained products falls to PLN 250. The Seller deducts the shipping cost of PLN 14.90 from the refund amount, the refund is PLN 85.10.

X. Personal Data Protection

  1. The data administrator is Jan Barba Sp. z o.o., hello@janbarba.com.
  2. Data is processed for the purpose of order fulfillment, legal obligations, and the legitimate interests of the administrator.
  3. Legal bases: Article 6(1)(b), (c), (f) of the GDPR.
  4. Data may also be processed with consent for marketing purposes.
  5. Processing may be automated (profiling).
  6. Consent can be withdrawn at any time.
  7. Providing data is voluntary but necessary for order fulfillment.
  8. Data may be transferred to third parties providing services to the Administrator.
  9. The individual has the right to access, rectify, erase, restrict processing, and object to data.
  10. Privacy policy: janbarba.com/strona/polityka-prywatnosci

XI. Non-collection of shipment

In the event of the Customer not collecting the shipment, the cost of return shipping and the cost of re-shipping are borne by the Customer.

In the event of a refund for an uncollected order, the refund is reduced by the cost of delivery and the return of the shipment.

Example: The Customer paid PLN 64.90 (PLN 50.00 product + PLN 14.90 shipping). The uncollected shipment is returned, and the return cost is PLN 14.90. In the event of a refund, PLN 35.10 is refunded.

XII. Final Provisions

  1. Agreements are concluded in Polish and are governed by Polish law.
  2. Change of regulations:
    • for important reasons: change of law, change of payment and delivery methods.
  3. In matters not regulated, provisions of Polish law apply.