Terms and Conditions

Table of Contents:

I. General provisions

II. The procedure for concluding a sales contract in the online store

III. Conditions for concluding a sales contract

IV. Terms of payment for the product

V. Cost, methods and date of delivery and collection of the product

VI. Product complaint

VII. The right to withdraw from the contract

VIII. Personal data protection

IX. Final Provisions

I. General provisions

  1. At Jan Barba, we care for the rights of consumers. Any possible doubts should be explained in favor of the consumer.
  2. Definitions:

i. Terms and Conditions – these Terms and Conditions of the online store.

ii. Seller – Jan Barba Spółka z ograniczoną odpowiedzialnościa, Cybulice Małe, ul. Wesoła 37, 05-152 Czosnów, NIP: 531-171-42-76, REGON: 521450441, KRS: 0000958976, e-mail address: hi@janbarba.com.

iii. Client – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes legal capacity; – using or intending to use the electronic service.

iv. Online Store – Online Store available at the internet address janbarba.com run by the Seller.

v. Registration form – a form available in the Online Store that allows you to create an account.

vi. Order form – a form available in the Online Store that allows you to place an order, determines the subject (s) of sale, method of delivery and payment.

vii. Account – a collection of resources in the Seller’s ICT system, in which the data provided by the Customer and information about orders placed by him in the Online Store are collected.

viii. Sales contract – a product sales contract concluded or concluded between the Customer and the Seller via the Online Store.

ix. Product – a movable item available in the Online Store that is the subject of a sales contract between the Customer and the Seller.

x. Order – Customer’s declaration of will submitted via the Order Form and aimed directly at concluding a Product sales contract with the Seller.

II. The procedure for concluding a sales contract in the Online Store

  1. The conclusion of the sales contract between the Customer and the Seller takes place after the Customer places an order via the Online Store.
  2. The entity providing online payment services in the field of card payments is Blue Media SA Available payment methods: Bank Transfer, Fast Transfer and Blik Paynow, Payment Cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
  3. After placing the order, the Seller immediately confirms its receipt by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the order, and at the same time accepts the order for execution. As soon as the customer receives the above e-mail, a sales contract is concluded between the Customer and the Seller.

III. Conditions for concluding a sales contract

  1. The price of the product shown on the website of the online store is given in Polish zlotys and includes taxes.

IV. Terms of payment for the product

  1. Payment date: The customer is obliged to make the payment within 7 calendar days from the date of the sale contract.

V. Cost, methods and date of delivery and collection of the product

  1. The delivery of the product to the customer is payable, unless the sales contract provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer when placing the order.
  2. The date of delivery of the product to the customer depends on the postal service provider. If the Customer chooses the method of payment by bank transfer or payment card, the order fulfillment time is counted from the date of crediting the Seller’s bank account.

VI. Product complaint

1. If the product sold has a physical or legal defect (warranty), the provisions of the Civil Code shall apply.

2. A complaint may be submitted by the Customer:

a) in writing to the following address: Cybulice Małe, ul. Wesoła 37, 05-152 Czosnów; or
b) in electronic form via e-mail to the following address: hi@janbarba.com.

3. The Seller will respond to the Customer’s complaint no later than within 14 calendar days from the date of its submission.
4. The customer who exercises the rights under the warranty is obliged, at the expense of the Seller, to deliver the defective product to the following address: Cybulice Małe, ul. Wesoła 37, 05-152 Czosnów.

VII. The right to withdraw 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, except for shipping costs and other costs incurred by the Seller in order to make this sale. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted:

a) in writing to the following address: Cybulice Małe, ul. Wesoła 37, 05-152 Czosnów; or

b) in electronic form via e-mail to the following address: hi@janbarba.com.

2. The period for withdrawing from the contract begins with the product being taken over by the consumer or a third party designated by him, other than the carrier.

3. In the event of withdrawal from a distance contract, the contract is considered void.

4. The seller is obliged, not later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, to return to the consumer all payments made by him, excluding delivery costs and costs related to this sale. The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.

5. The Seller may withhold the reimbursement of payments received from the Customer until the product is returned. The customer is obliged to return the product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the product before its expiry. The customer may return the product to the following address: Cybulice Małe, ul. Wesoła 37, 05-152 Czosnów.

6. Due to the nature of the Products, the Customer may only return the Product that has NOT been opened / used / unsealed / in which the contents have not been subjected to any physical contact with anyone, for sanitary reasons.

7. Products with short-term use-by dates and those that cannot be returned after opening the packaging due to health protection or hygiene reasons are excluded from the agreement.

8. The right to withdraw from a distance contract is not available to the consumer in relation to contracts where the subject of the service is a non-prefabricated product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs.

9. Possible costs related to the Customer’s withdrawal from the contract shall be borne by the Customer.

VIII. Personal data protection

1. The administrator of personal data provided by the Buyer is Jan Barba Spółka z ograniczoną odpowiedzialnością, Cybulice Małe, ul. Wesoła 37, 05-152 Czosnów, NIP: 531-171-42-76, REGON: 521450441, KRS: 0000958976 with: address of the place of business and address for service: Cybulice Małe, ul. Wesoła 37, 05-152 Czosnów, e-mail address: hi@janbarba.com, hereinafter referred to as the Administrator. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store – due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU ) on data protection – “GDPR”.

2. Obtaining and processing personal data by the Administrator takes place in order to:

a) order fulfillment,

b) fulfillment of legal obligations incumbent on the Administrator (issuing and storing financial and accounting documents).

c) pursuing a legitimate interest (e.g. debt collection, handling the complaint process, returning goods, marketing products and services of the Data Administrator).

3. The basis for the processing of personal data in this case is: a sales contract or actions taken at the request of the Buyer to conclude it (Article 6 (1) (b) of the GDPR), the Seller’s legal obligation related to accounting (Article 6 (1) of the GDPR). 1 letter c) and the legitimate interest of the Seller, consisting in the processing of data in order to establish, assert or defend any claims (Article 6 (1) (f) of the GDPR).

4. With the consent of the person, the data may also be processed for the purpose of sending commercial information by electronic means via the e-mail address provided.

5. Personal data about visited websites and purchases made will be processed in an automated manner in order to present a personalized offer to the person, called profiling. In this regard, the Administrator uses the so-called cookies.

6. This consent may be withdrawn at any time. Contact us if you want to delete your account via email: hi@janbarba.com.

7. Providing data is fully voluntary, but providing some of them is necessary for the implementation of the sales and shipping contract. Lack of consent to provide the data necessary from the order submission form results in the inability to complete the order.

8. As part of the legitimate interest, personal data will be disclosed to third parties providing services for the Administrator.

9. These entities are obliged to protect data and to process personal data in accordance with the purposes specified by the Administrator.

10. The person has the right to access their personal data, rectify them, object to their processing, delete or transfer them, subject to the exceptions specified by the provisions of Polish law.

11. The Store’s Privacy Policy is available at https://janbarba.com/en/privacy-policy

IX. Final Provisions

1. Agreements concluded via the Online Store are concluded in Polish and are governed by the provisions of Polish law.

2. Changing the regulations:

a) The Seller reserves the right to amend the regulations for important reasons, that is: changes in the law; changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these regulations.

3. In matters not covered by these regulations, generally applicable provisions of Polish law shall apply.