TERMS AND CONDITIONS JYOCO
These Terms
and Conditions set out the rules for using the JYOCO online store available at https://jyoco.com, placing orders, concluding
distance sales agreements, order fulfilment, payments, deliveries, complaints,
withdrawal from agreements, and the provision of electronic services.
The Store
is operated by Joanna Krotofil-Owsian conducting business activity under the
name JYOCO Joanna Krotofil-Owsian, entered into the Central Registration and
Information on Business of the Republic of Poland (CEIDG), Tax Identification
Number (NIP): 7772268083, Statistical Number (REGON): 383609187.
§1.
Definitions
For the
purposes of these Terms and Conditions, the following definitions shall apply:
- Store – the JYOCO online store
operated at https://jyoco.com. - Seller – Joanna Krotofil-Owsian
conducting business activity under the name JYOCO Joanna Krotofil-Owsian. - Customer – a natural person, legal
entity, or organisational unit using the Store or placing an order. - Consumer – a natural person performing
a legal act not directly related to their business or professional
activity. - Entrepreneur – a natural person, legal
entity, or organisational unit conducting business or professional
activity. - Product – a movable item offered in
the Store, including jewellery, made-to-order products, personalised
products, or electronic vouchers. - Standard Product – a product available in the
Store’s regular offer which is not manufactured according to the
Customer’s individual specification. - Personalised Product – a product manufactured
according to the Customer’s specification or intended to satisfy their
individualised needs, including in particular products involving a change
of material, finish, gemstone, size, engraving, individual design, or any
other personalisation. - Voucher – an electronic shopping
voucher enabling the use of a specified amount for purchases in the Store. - Customer Account – an individual Customer
profile in the Store enabling, among other things, access to data, order
history, or saved preferences. - Cart – a Store functionality
enabling Products to be collected prior to placing an order. - Order – a declaration of intent by
the Customer aimed at concluding a Sales Agreement. - Sales Agreement – an agreement concluded
between the Customer and the Seller through the Store. - Terms and Conditions – this document.
§2. Seller’s Details and Contact Information
- The
Seller is:
JYOCO Joanna Krotofil-Owsian
ul. Szkolna 4E/16
62-023 Borówiec
Poland
NIP: 7772268083
REGON: 383609187
- The Seller may be contacted
via:
- e-mail:
contact@jyoco.com - telephone:
+48 513 782 401
- Telephone contact is available
on business days between 09:00 and 17:00. - Complaints, declarations of
withdrawal from an agreement, and other statements may be submitted to the
Seller by e-mail or in writing to the correspondence address indicated
above.
§3.
Technical Requirements for Using the Store
- In order to use the Store, a
device with Internet access and an up-to-date web browser supporting
JavaScript and cookies is required. - The Store operates in
particular with current versions of the following browsers: Google Chrome,
Safari, Mozilla Firefox, Microsoft Edge, and Opera. - The Customer bears the costs of
Internet connection to the Store in accordance with the tariff of their
telecommunications operator. - The Seller may temporarily
limit access to the Store due to technical works, updates, or system
maintenance. - The Seller shall not be liable
for technical problems resulting from ICT infrastructure remaining outside
the Seller’s control.
§4. Rules for Using the Store
- The Customer is obliged to use
the Store in accordance with applicable law, good practice, principles of
social coexistence, and the provisions of these Terms and Conditions. - In particular, it is prohibited
to:
a) provide
unlawful content,
b) undertake actions disrupting the operation of the Store,
c) attempt to gain unauthorised access to the Store’s data or systems,
d) use another Customer’s Account without authorisation,
e) send unsolicited commercial information,
f) provide false data preventing fulfilment of an order.
- The Seller may refuse to
process an order or block a Customer Account if:
a) the
Customer has provided false or incomplete data preventing fulfilment of the
order,
b) the Customer’s actions violate applicable law or third-party rights,
c) the Customer breaches the provisions of these Terms and Conditions,
d) the Customer undertakes actions disrupting the operation of the Store,
e) the Customer uses the Store for unlawful activities or activities contrary
to good practice,
f) the Customer repeatedly fails to collect ordered shipments.
- In the event of refusal to
process a paid order, the Seller shall refund the received payments to the
Customer unless otherwise provided by mandatory provisions of law.
§5. Customer Account
- The Customer may use the Store
with or without creating a Customer Account, provided that a given Store
functionality allows such use. - Creation of a Customer Account
is free of charge. - The Customer Account enables,
in particular, access to order history, saved data, and other
functionalities made available by the Store. - The Customer is obliged to keep
login details confidential and secure them against access by third
parties. - The Seller shall not be liable
for consequences resulting from the Customer making login credentials
available to third parties. - The Customer may request
deletion of the Customer Account at any time by contacting the Seller. - Deletion of the Customer
Account shall not affect the fulfilment of orders placed before its
deletion nor the Seller’s obligations arising from applicable law, in
particular tax and accounting regulations.
§6.
Products, Prices, and Information in the Store
- Information about Products
presented in the Store constitutes an invitation to conclude an agreement
within the meaning of the provisions of the Polish Civil Code. - Prices presented in the Store
are expressed in Polish zloty (PLN) and include VAT unless explicitly
stated otherwise. - Product prices do not include
delivery costs unless the Product description or information in the Cart
indicates otherwise. - The total cost of the order,
including the Product price and delivery costs, is presented to the
Customer before placing the order. - In the case of Personalised
Products or products manufactured to individual order, the final price may
be determined individually after consultation with the Customer. - Product photographs are for
illustrative purposes only. The actual appearance of a Product may differ
slightly from the presentation on the Store’s website due to screen
settings, lighting, handcrafting, properties of materials, natural
gemstones, or jewellery-making processes. - Handmade Products may contain
minor differences resulting from the nature of artisanal craftsmanship.
Such differences do not constitute a defect in the Product. - Availability of gemstones,
materials, and components may affect order fulfilment time.
§7. Placing Orders
- In order to place an order, the
Customer should:
a) select a
Product,
b) add the Product to the Cart,
c) proceed to the order form,
d) provide data necessary for order fulfilment,
e) select a delivery and payment method,
f) accept these Terms and Conditions,
g) confirm the order by clicking the button finalising the purchase with an
obligation to pay.
- Placing an order constitutes
submission by the Customer of an offer to conclude a Sales Agreement. - The Sales Agreement is
concluded upon confirmation of the order by the Seller sent to the
Customer’s e-mail address. - The Seller may contact the
Customer in order to confirm details, clarify the order, or determine
details of a Personalised Product. - In the event of failure to make
payment within the period indicated during the ordering process, the
Seller may cancel the order. - The order fulfilment period is
calculated from the moment the payment is credited unless the Product
description or individual arrangements with the Customer provide
otherwise.
§8. Personalised Products and Quotation Requests
- Personalised Products, products
manufactured to individual order, or products created according to the
Customer’s specification may require additional arrangements. - The Customer may provide the
Seller with information regarding inspirations, preferences, size,
material, gemstones, symbolism, intended purpose of the Product, or other
project details. - Quotations, design proposals,
and information provided before final confirmation of the order are for
informational purposes only and do not constitute a binding commercial
offer unless the Seller explicitly states otherwise. - An agreement concerning a
Personalised Product is concluded after the Customer accepts the final
terms of fulfilment, including in particular the price, scope of
personalisation, and estimated completion date. - The Seller may update the
quotation before conclusion of the agreement, in particular in the event
of changes in the costs of materials, gemstones, currency exchange rates,
manufacturing technologies, or project scope. - Changes requested by the
Customer after commencement of fulfilment may affect the completion date
and remuneration amount. - The Seller may refuse to
execute a project if its implementation would be technically impossible,
contrary to law, infringe third-party rights, or fail to meet JYOCO brand
standards. - The right of withdrawal from
the agreement shall not apply to non-prefabricated Products manufactured
according to the Customer’s specification or intended to satisfy the
Customer’s individualised needs.
§9. Payments
- Available payment methods are
indicated each time during the ordering process. - The Store enables electronic
payments processed through payment service providers. - The Store may offer, in
particular, payments via Przelewy24, Google Pay, Apple Pay, or other
methods indicated during the ordering process. - Payment shall be deemed made at
the moment funds are credited by the payment operator or to the Seller’s
bank account. - If the payment operator informs
about payment reversal, transaction error, or any other irregularity,
order fulfilment may be suspended until the matter is clarified.
§10. Delivery
- Delivery is carried out within
the European Union unless the Seller enables delivery to another country
during the ordering process. - Available delivery methods are
indicated each time during the ordering process. - Delivery may be carried out in
particular through courier companies, logistics operators, or collection
points available in the Store. - Delivery costs are presented to
the Customer before placing the order. - Most JYOCO Products may be
manufactured in a made-to-order model. The fulfilment time for Standard
Products is up to 14 business days unless the Product description provides
otherwise. - Personalised Products or
products manufactured to individual order may require a longer fulfilment
period, about which the Customer shall be informed individually. - In the case of an order
including Products with different fulfilment periods, the longest
fulfilment period shall apply unless the Parties agree otherwise. - If a shipment is returned to
the Seller due to incorrect address details, failure by the Customer to
collect the shipment, or another reason attributable to the Customer, the
Seller may charge the Customer the cost of re-shipment. - In the event of noticing damage
to a shipment, the Customer should, where possible, report this fact to
the carrier and prepare a damage report. Failure to prepare such report
shall not exclude Consumer rights but may make it more difficult to
establish liability for shipment damage.
§11. Gift Vouchers
- The Store offers the
possibility to purchase gift vouchers exclusively in electronic form. - The electronic Voucher is
delivered to the e-mail address provided during the ordering process. - The Voucher entitles the holder
to use the assigned value towards Products available in the Store. - The Voucher is valid for 12
months from the date of purchase. - Upon expiry of the validity
period, the Voucher becomes invalid and shall not be extended or exchanged
for monetary funds. - The Voucher cannot be exchanged
for cash. - If the value of the order
exceeds the value of the Voucher, the Customer is obliged to pay the
difference. - In the event the full value of
the Voucher is not used, the remaining amount shall not be refunded unless
the Voucher description provides otherwise. - The right of withdrawal from an
agreement concerning a Voucher shall apply in accordance with applicable
law.
§12. Complaints
- The Seller is obliged to
deliver a Product compliant with the agreement. - The Customer has the right to
submit a complaint if the Product is non-compliant with the agreement. - Complaints
may be submitted:
a)
electronically to: contact@jyoco.com,
b) in writing to the Seller’s address.
- A
complaint should include:
a) the
Customer’s full name,
b) the order number,
c) a description of the Product’s non-compliance with the agreement,
d) the Customer’s request,
e) contact details enabling a response.
- The Seller shall consider the
complaint within 14 days from the date of its receipt. - A Customer who is a Consumer
may request restoration of compliance of the Product with the agreement
through repair or replacement, and in cases provided by law also a price
reduction or withdrawal from the agreement. - The Seller may refuse to
restore compliance of the Product with the agreement in the manner chosen
by the Customer if it is impossible or would require excessive costs
compared to the alternative method. - Minor differences resulting
from handcrafting, natural properties of materials or gemstones, slight
colour differences resulting from screen settings, and natural traces of
the jewellery-making process shall not constitute non-compliance of the
Product with the agreement, provided they do not affect Product
functionality and have been properly described or result from the nature
of the Product. - Complaints do not cover damage
resulting from improper use, mechanical damage, improper storage, contact
with chemicals, unauthorised alterations, repairs carried out by third
parties, or use contrary to the intended purpose of the Product. - The above provisions do not
limit Consumer rights arising from mandatory provisions of law.
§13.
Right of Withdrawal from the Agreement
- A Consumer has the right to
withdraw from a distance agreement within 14 days without giving any
reason. - The withdrawal period expires
after 14 days from the day on which the Consumer acquired possession of
the Product or on which a third party other than the carrier and indicated
by the Consumer acquired possession of the Product. - In order to exercise the right
of withdrawal, the Consumer should inform the Seller of their decision by
means of an unequivocal statement, for example by e-mail or in writing. - The Consumer may use the
withdrawal form made available by the Seller; however, this is not
mandatory. - To meet the withdrawal
deadline, it is sufficient for the statement to be sent before expiry of
the withdrawal period. - In the event of withdrawal from
the agreement, the Seller shall reimburse the Consumer for all payments
received, including the cost of the least expensive standard delivery
method offered in the Store, no later than within 14 days from the date of
receipt of the withdrawal statement. - The Seller may withhold
reimbursement until the Product is returned or until the Consumer provides
proof of having sent it back, whichever occurs first. - Reimbursement shall be made
using the same payment method used by the Consumer in the original
transaction unless the Consumer expressly agrees otherwise. - The Consumer should return the
Product no later than 14 days from the date on which they informed the
Seller of withdrawal from the agreement. - The Consumer bears the direct
costs of returning the Product unless the Seller decides otherwise. - The Consumer shall be liable
for any diminished value of the Product resulting from use beyond what is
necessary to establish the nature, characteristics, and functioning of the
Product.
§14.
Exclusions from the Right of Withdrawal
- The right of withdrawal from
the agreement shall not apply in cases specified by applicable law, in
particular with regard to agreements concerning non-prefabricated Products
manufactured according to the Consumer’s specification or intended to
satisfy the Consumer’s individualised needs. - In the JYOCO Store, this
applies in particular to Products involving:
a)
engraving,
b) change of metal fineness,
c) change of metal type,
d) change of finish,
e) individual gemstone selection,
f) change of gemstone colour, size, or type,
g) size modifications made to individual order,
h) projects created according to the Customer’s inspirations or guidelines,
i) bespoke jewellery,
j) other personalisation elements agreed with the Customer.
- Information regarding the lack
of the right of withdrawal in the case of a Personalised Product may also
be provided to the Customer in the Product description, enquiry form,
e-mail correspondence, or individual offer.
§15.
Out-of-Court Complaint and Redress Procedures
- A Consumer may use out-of-court
methods for handling complaints and pursuing claims. - The Consumer may contact, among
others, a municipal or district consumer ombudsman, the Trade Inspection
Authority, or consumer organisations. - Information regarding
out-of-court dispute resolution methods is available on the website of the
Polish Office of Competition and Consumer Protection (UOKiK): https://uokik.gov.pl. - The Consumer may also use the
ODR platform available at: https://ec.europa.eu/consumers/odr.
§16. Personal Data
- The controller of Customers’
personal data is the Seller. - Personal data is processed in
particular for the purposes of order fulfilment, Customer Account
management, communication with Customers, handling complaints, fulfilment
of tax and accounting obligations, and protection of the Seller’s rights. - Data may be transferred to
entities supporting operation of the Store, in particular payment
operators, courier companies, IT service providers, the Shopify platform,
accounting service providers, and analytical or marketing tools, solely to
the extent necessary for service provision. - Detailed information regarding
personal data processing is available in the Privacy Policy available in
the Store.
§17. Provisions Concerning Entrepreneurs
- This section applies to
Customers who are not Consumers. - In the case of Customers who
are not Consumers, the Seller may limit available payment methods,
including requiring full or partial prepayment. - Products remain the property of
the Seller until full payment of the price and delivery costs. - Upon release of the Product to
the carrier, all benefits and burdens associated with the Product, as well
as the risk of accidental loss or damage, pass to the Customer who is not
a Consumer. - A Customer who is not a
Consumer is obliged to inspect the shipment within the time and manner
customary for shipments of a given type and undertake actions necessary to
establish the carrier’s liability. - The Seller’s liability towards
a Customer who is not a Consumer, regardless of the legal basis, shall be
limited to the amount of the paid Product price and delivery costs. - The Seller shall not be liable
towards a Customer who is not a Consumer for lost profits, indirect
damages, or damages resulting from interruptions in Store operation. - In relation to Customers who
are not Consumers, statutory warranty rights are excluded to the extent
permitted by applicable law. - The above provisions shall not
apply to natural persons concluding an agreement directly related to their
business activity if it follows from the content of the agreement that it
does not have a professional character for them, insofar as legal provisions
grant them consumer protection.
§18. Contract Language and Language Versions
- Agreements concluded through
the Store may be concluded in Polish or English, depending on the selected
language version of the Store. - In the event of discrepancies
between language versions of these Terms and Conditions, the Polish
version shall prevail. - The law applicable to
agreements concluded through the Store shall be Polish law, provided that
the choice of Polish law does not deprive the Consumer of protection
granted under provisions that cannot be excluded by agreement under the
law of the Consumer’s habitual residence.
§19.
Amendments to the Terms and Conditions
- The Seller reserves the right
to amend these Terms and Conditions for important reasons, in particular
in the event of:
a) changes
in legal regulations,
b) changes in Store functionalities,
c) changes in payment methods,
d) changes in delivery methods,
e) changes in the Seller’s details,
f) the need to clarify provisions of these Terms and Conditions.
- Amendments to the Terms and
Conditions shall be published in the Store. - Customers holding a Customer
Account may be informed about amendments to the Terms and Conditions
electronically. - Amendments to the Terms and
Conditions shall not affect orders placed before the amendments enter into
force.
§20. Final Provisions
- In matters not regulated
herein, the provisions of Polish law shall apply, in particular the Polish
Civil Code, the Consumer Rights Act, the Act on Provision of Electronic
Services, and regulations concerning personal data protection. - The court having jurisdiction
over disputes with a Customer who is not a Consumer shall be the court
having jurisdiction over the Seller’s registered office. - The above provision shall not
apply to Consumers, for whom court jurisdiction is determined in
accordance with applicable legal provisions. - These Terms and Conditions
shall enter into force on the date of publication on the Store’s website.