Regulamin sklepu

§ 1. Definitions

1. Regulations - these Rules and Regulations, which define the principles for the conclusion of distance sales agreements through the Internet Store, the principles for the performance of these agreements, the rights and obligations of the parties to the distance sales agreement and the principles for the complaint procedure. With regard to services provided electronically, the Rules and Regulations are respectively the rules and regulations referred to in Article 8 of the Electronic Services Act.
2. Customer - a natural person with full legal capacity, a legal person or an organisational unit without legal personality, to whom the Act grants legal capacity, who enters into a Distance Sales Agreement with the Seller.
3. Consumer - a natural person making a legal transaction with the trader not directly related to his economic or professional activity.
4. Individual Entrepreneur - a natural person concluding a Distance Sales Agreement directly related to his/her business activity, when the content of this Agreement indicates that it is not of a professional nature for this person, in particular resulting from the subject of his/her business activity, made available on the basis of the provisions of the Central Register of Business Activity and Information.
5. Entrepreneur - a natural person, a legal person or an organisational unit which is not a legal person and to which the Act confers legal capacity, conducting in its own name economic or professional activity.
6. Vendor:.
   Jagram Spółka Akcyjna,
   tel. +48 797250884,
   contact@jagram.com,
   NIP 1132393132,
   REGON 015302904.
7. Seller's registered office address:.
   Marii Konopnickiej 6/363,
   00-491 Warszawa.
8. Internet Shop - the website operated by the Seller, available at the electronic addresses: https://jagram.com through which the Customer can obtain information about the Goods and their availability and purchase the Goods or order a service.
9. Distance Sales Agreement - an agreement for the sale of Goods/agreement for the provision of a Digital Service or Digital Content (if applicable), concluded through the Online Shop.
10. Goods - a movable item that the Customer may purchase from the Online Shop.
11. Digital Service - a service that allows the Consumer to:
    1. producing, processing, storing or accessing data in digital form;
    2. the sharing of data in digital form that has been uploaded or created by the Consumer or other users of this service;
    3. other forms of interaction through data.
12. Digital Content - data produced and provided in digital form.
13. Privacy and Cookies Policy of the Online Shop - a document setting out detailed rules for the processing of personal data and the use of cookies. The Privacy and Cookies Policy is attached as Appendix 3 to the Terms and Conditions and is available at https://jagram.com/en/privacy-and-cookie-notice.html.
14. Permanent medium - means a material or tool that allows the Customer or the Vendor to store information addressed personally to the Customer or the Vendor in such a way that the information can be accessed in the future for a period of time appropriate to the purposes for which the information is used and that allows the stored information to be reproduced unchanged, in particular email.
15. Electronic order form - electronic order procedure made available by the Seller to the Buyer.
16. Electronic Return Form - the electronic returns procedure made available by the Seller to the Buyer; available at https://jagram.com/en/returns-open.html.
17. Electronic Claim Form - the electronic claim procedure provided by the Seller for the Buyer; available at https://jagram.com/en/rma-open.html.
18. Sending an order - validation of an order by clicking on the "" button by the Customer, treated as submission by the Customer of a binding declaration of intent to conclude a Distance Sales Agreement with the Seller.
19. Account - a set of data stored in the Online Store and in the Seller's ICT system pertaining to a given Customer and the orders placed by the Customer and distance Sales Agreements concluded by the Customer, with the use of which the Customer may place orders, and in due time - cancel or edit, and conclude Distance Sales Agreements.
20. Order handling opinion or opinion of individual Goods - subjective statements and ratings awarded in the form of stars from 1 to 5.
21. Subscription Order - an order automatically created as part of a Subscription.
22. Subscription - an electronic service that allows for the automatic creation of Subscription Orders for specific Goods, according to the recurrence selected by the Customer, without the need to place separate orders until the Subscription is completed.
23. Cyclical Payments - are payments handled by the IdoPay payment service provided by the Operator and executed automatically, in specific cycles, used to pay for Subscription Orders on the basis of the consent given by the Buyer at the start of the Subscription (standing order of the Cardholder).
24. Operator - IdoPayments sp. z o.o. with its registered office at 30 Piastów Avenue, 71-064 Szczecin, entered in the Register of Entrepreneurs kept by the District Court of Szczecin-Centrum in Szczecin, 13th Commercial Division of the National Court Register under number 0000859711, NIP: 8522666251, REGON: 387039893, with share capital: PLN 800,000.00. Delivery address: al. Piastów 30, 71-064 Szczecin, also referred to as: "IdoPayments" which is a national payment institution within the meaning of Article 2(16) of the Payment Services Act of 19 August 2011 (Journal of Laws of 2020, item 794 as amended)[hereinafter: "PSA"].
25. Card - a payment card issued under the Visa or International or Mastercard International schemes, authorised by the regulations of those schemes to carry out transactions without physical presence.

§§ 2. General Provisions

1. Types and Scope of Services Provided Electronically:

1. Conclusion of Online Sales Agreements – within the scope of Goods offered in the Online Store.
2. Rules for Registration and Use of an Account – within the framework of the Online Store.
3. Adding Reviews, Comments, and Ratings – Customers can add a review or comment regarding their order.
4. Sending Email Notifications – the Seller sends emails confirming receipt of an order, potential receipt of payment, and acceptance of the order for processing.

2. Use of the Online Store is possible provided that the Customer's IT system meets the following minimum technical requirements:

1. An up-to-date version of one of the following web browsers:
   • Firefox
   • Chrome
   • Microsoft Edge
2. Any program capable of viewing files in PDF format.

3. The content posted on the Online Store’s pages, including product descriptions and prices, constitutes an invitation to enter into a contract within the meaning of Article 71 of the Civil Code.
4. The Seller provides these Terms and Conditions along with Attachments via a link on the homepage before, during, and after the conclusion of a distance Sales Agreement. The Buyer may download and print these documents.
5. To ensure the security of communication and data transmission related to the provided services, the Online Store employs technical and organizational measures appropriate to the level of security required. These measures are designed in particular to prevent unauthorized acquisition or modification of personal data transmitted over the Internet.

§ 3. Orders

• Placing Orders
  1.1. Orders in the Online Store can be placed via an Account or by selecting the option to purchase without registration. In the latter case, an internal account is created, which allows the Customer to set up a full Account. The internal account remains active until data is removed from the system or the Account is blocked.
  1.2. Purchases are made by completing the Electronic Order Form available on the Online Store's website.
  1.3. Products are selected by adding them to the cart. The Electronic Order Form specifies the Products, their prices, quantities, and the delivery location chosen by the Customer. The Customer follows technical steps based on displayed instructions.
• Order Summary
  2.1. Once the Customer provides all necessary information, an order summary will be displayed.
  2.2. The order summary includes:
  • Identification details of the Seller,
  • Items ordered,
  • Unit and total prices of Products, including delivery costs and any additional charges,
  • Selected payment method,
  • Chosen delivery method, delivery time, and associated costs.
• Orders for Digital Content or Services
  3.1. If the order involves Digital Content or Digital Services not stored on a physical medium, or electronically delivered services:
• Order Completion Requirements
  4.1. To place an order, the Customer must:
  • Provide required personal data in the Electronic Order Form,
  • Accept the Terms and Conditions,
  • Submit the order by clicking the "" button.
• Agreement Conclusion
  5.1. Submitting the Electronic Order Form constitutes a binding declaration of intent to conclude a distance Sales Agreement in accordance with these Terms and Conditions.
  5.2. The distance Sales Agreement is deemed concluded when the Seller accepts the Electronic Order Form. Confirmation is displayed to the Customer, including the order number.
  5.3. After concluding the agreement, the Customer receives an email confirmation with:
  • Confirmation of the order,
  • Final confirmation of all essential order details,
  • General terms of the concluded Sales Agreement (Online Store Terms and Conditions, including Attachments 1 and 2),
  • Seller's details,
  • Seller’s liability for service quality, post-sale services, and information about the withdrawal process and consequences, as detailed in Attachment 1.

• Order Changes and Cancellations
  6.1. Until the Seller begins processing the order:

  • The Customer may modify their order using the technical options provided in the Electronic Order Form or through consultation with a representative. A new order replaces the previous one, and any payment made will be allocated towards the new order. Overpayments will be refunded to the original payment account.

  • The Customer may cancel the order using the "cancel order" option in the Electronic Order Form or by consulting a representative, who must approve the cancellation.

    6.2. If the order is canceled, the Seller will refund the payment within 3 business days using the same payment method as the original transaction.

• Order Fulfillment Timeline
  7.1. For B2C Customers:

  • Delivery is completed within 3–14 business days. If the product is unavailable, delivery may be extended upon prior agreement with the Customer.

    7.2. For B2B Customers:

  • Delivery is completed within 7 days to 3 months from the agreement date.

    7.3. Customers can pick up their orders personally from the warehouse in Lipinka, Monday to Friday, between 8:00 AM and 4:00 PM.
    7.4. In the event of unforeseen circumstances, delivery dates may be adjusted, and the Customer will be notified.

§ 4. Payment

• Payment Options
  1.1. The Online Store offers the following payment methods:
  - Prepayments.
  - .
  1.2. Deferred payment terms can be arranged individually with the Seller.
• Payment Process
  2.1. Payment for the goods must be made using the method selected at the time of order placement via the Electronic Order Form.
  2.2. The currently available prepayment methods in the Online Store can be found at https://jagram.com/en/payments.html.
• Partial Payments and Financial Conditions
  3.1. Partial payments and other financial terms are agreed upon individually with the account manager.
• Credit Account Request
  4.1. The terms and conditions serve as a request for a credit account.
• VAT Invoice and Payment Terms
  5.1. The client agrees to pay invoices for goods delivered by Jagram within 30 days from the invoice date.
  5.2. In the event of late payment, the client agrees to an additional fee of 5% for each month of delay, calculated from the first day of the overdue period.
• Transfer of Ownership
  6.1. The ownership of the goods is transferred to the client upon full payment.§ 5. Delivery

On the electronic order form, the Customer selects the delivery method by checking the appropriate option.
If the Customer fails to collect the goods, resulting in their return to the Seller, the Seller may withdraw from the Sales Agreement after notifying the Customer via email. The withdrawal is effective upon sending a declaration to the Customer via email.
In such cases, the Seller will promptly refund any payments received for the purchased goods.
Important Notes:
Jagram S.A. is not liable for delays caused by events such as natural disasters, strikes, or other disruptions beyond the company’s control.
Available delivery methods can be found at https://jagram.com/en/delivery.html.

§ 5. Delivery

• Selection of Delivery Method
  1.1. The Customer selects the delivery method via the electronic order form by marking their chosen option.
• Failure to Collect the Goods
  2.1. If the Customer fails to collect the Goods, resulting in the return of the Goods to the Seller, the Seller may withdraw from the sales contract.
  2.2. Before withdrawing from the contract, the Seller will notify the Customer via the email address provided during the purchase process, requesting the fulfillment of the contract.
  2.3. Withdrawal from the contract will be executed by sending the Customer a declaration via email.
• Refunds in the Event of Contract Withdrawal
  3.1. In the scenario described in point 2, the Seller is obligated to promptly refund the Customer the payment received for the purchased Goods.
• Liability for Delays
  4.1. Jagram S.A. shall not be held liable for delays caused by events such as natural disasters, strikes, or other obstacles beyond the company's control.
• Available Delivery Methods
  5.1. The currently available delivery methods in the Online Store can be found at https://jagram.com/en/delivery.html.

§ 6 Withdrawal from the contract - electronic return form

1. A consumer who has concluded a Distance Sales Contract may, within 14 days, withdraw from it without giving any reason. In the event of withdrawal from a Distance Sales Contract - the contract shall be deemed not to have been concluded.
2. The individual Entrepreneur shall also have the right to withdraw from the contract under the terms of paragraphs 6 and 7 hereof. Insofar as in paragraphs 6 and 7 of these Terms and Conditions refers to the Consumer, it is also understood to mean the Individual Entrepreneur.
3. In the case of withdrawal from the contract - the Consumer shall bear only the direct costs of returning the Goods.
4. The Consumer's statement must clearly express his will to withdraw from the contract, in particular the Consumer may:
   1. use the electronic return form available on the website of the Online Shop: https://jagram.com/en/returns-open.html.
   2. withdraw from the contract using the withdrawal form attached as Appendix 2 - by sending it to the Seller's registered address.
   3. The Seller shall immediately confirm on a durable medium the fact of receipt of the statement of withdrawal from the contract submitted in the manner indicated in subsections 1 and 2.
5. Sending the statement before its expiry shall be sufficient to meet the deadline.
6. The period for withdrawal from the contract shall begin:
   1. for a contract in the performance of which the Seller delivers the Goods, being obliged to transfer their ownership - from the taking possession of the Goods by the Consumer or a third party other than the carrier indicated by the Consumer, and in the case of a contract which:
      1. involves multiple items which are delivered separately, in batches or in parts - from taking possession of the last item, batch or part;
      2. consists of the regular delivery of goods over a defined period of time - from the taking possession of the first item;
   2. for other contracts - from the day of conclusion of the contract.
7. The form of declaration of withdrawal from the contract (Appendix No. 2 to these Regulations) and information on exercising the right of withdrawal (Appendix No. 1 to these Regulations) shall be provided in electronic form.
8. In the case of withdrawal from the Agreement for the provision of Digital Content or Digital Service, the Seller may prevent the Consumer from further use of the Digital Content or Digital Service, in particular by preventing the Consumer from accessing the Digital Content or Digital Service.
9. In the event of withdrawal from the Agreement for the provision of Digital Content or Digital Service, the Consumer shall stop using that Digital Content or Digital Service and making it available to third parties.
10. The right of withdrawal from a Distance Sales Contract shall not apply to the contracts indicated in Article 38 of the Act of 30.05.2014. (Journal of Laws of 2019, item 134) on consumer rights, inter alia Contracts:
    1. for the provision of services for which the Consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Consumer, who has been informed before the start of the performance that after the Seller's performance he will lose the right to withdraw from the contract and has acknowledged this.
    2. in which the price or remuneration depends on fluctuations in the financial market which are not under the trader's control and which may occur before the end of the withdrawal period;
    3. whose object of performance is an item which is not prefabricated, produced to the consumer's specifications or intended to meet the consumer's individual needs;
    4. whose object of performance is an item supplied in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery;
    5. for the supply of sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery;
    6. the supply of Digital Content not supplied on a tangible medium for which the Consumer is liable to pay the price, if the Seller has commenced performance with the express and prior consent of the Consumer, who has been informed prior to the commencement of performance that after the Seller's performance the Consumer will lose the right to withdraw from the contract and has acknowledged this;
    7. the subject of which is a perishable item or an item that has a short shelf life and in which the subject of the performance are items that are, by their nature, inseparable from other items after delivery;
    8. for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
    9. concluded by public auction;
    10. for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or the period of performance of the service;
    11. where the object of the performance is alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the trader has no control;

§ 7 Effects of withdrawal from the contract

1. The Seller shall, within 14 days from the date of receipt of the notice of withdrawal from the Agreement for the sale of an item, refund to the Consumer all payments made by the Consumer, including the costs of delivery, corresponding to the cheapest method of delivery offered by the Seller.
   1. Reimbursement of payments shall be made using the same method of payment used by the Consumer.
   2. If the Consumer in order to exercise the right of withdrawal - uses the Electronic Return Form - the funds will be refunded by the chosen method and to the bank account provided by the Consumer.
   3. If the Seller has not offered to collect the Goods from the Consumer himself, the Seller may withhold reimbursement of the payment received from the Consumer until he has received the Goods back or the Consumer has provided proof of their return, whichever event occurs first.
2. The Seller may offer to the Consumer to collect the Goods from him himself. However, if the Seller has not made such an offer - the Consumer should return the Goods to the Seller (or a person authorized by the Seller to receive it) immediately, but no later than 14 days from the day on which he withdrew from the contract. To meet the deadline it is sufficient to return the Goods before its expiration. Goods that the Consumer returns should send it to the address of the Seller's registered office. In order to return the Goods to the Seller, the Consumer may use the Smile.pl service.
3. The Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
4. The Consumer may not withdraw from the contract if the Digital Content or Digital Service is provided in exchange for the payment of a price and the lack of conformity of the Digital Content or Digital Service with the contract is immaterial.
5. The Seller may request the return of the tangible medium on which it has supplied the Digital Content within 14 days of receipt of the Consumer's declaration of withdrawal. The Consumer shall return the medium immediately and at the Seller's expense.
6. The Seller shall be obliged to return the price only to the part corresponding to the Digital Content or Digital Service not in conformity with the contract and the Digital Content or Digital Service, the obligation to provide which has fallen due to withdrawal from the contract.

§ 8 Complaint

1. A complaint about a defect in the Goods or non-compliance of the Goods with the concluded Remote Sales Contract may be filed:
   1. via the Electronic Complaint Form;
   2. in writing to the address of the Seller's registered office or by e-mail to contact@jagram.com.
2. In the notification, it is necessary to specify a defect which, in the opinion of the Buyer, the Goods have, claims against the Seller, and if possible - to document the said defect and provide proof of purchase of the Goods in the Online Shop. The Seller shall respond to the complaint within 14 days of its receipt. If he has not responded within the aforementioned time limit, it shall be deemed that he has acknowledged the complaint. The response to the complaint shall be provided by the Seller to the Buyer in writing or on a durable medium.
3. The steps to be taken by the Buyer in order to lodge a complaint, including the method of delivery of the Goods under complaint to the Seller are indicated at various stages in the Electronic Complaint Form.
4. In the event that the Seller considers the complaint as justified: the costs of replacement, repair, including the cost of shipping associated with the complaint of the Goods shall be borne by the Seller.
5. The Seller shall be liable to the Consumer, as well as to the Individual Entrepreneur, for the lack of conformity of the Goods with the Distance Sales Contract under the principles that result from the Act of 30.05.2014 on Consumer Rights.
   1. The Seller shall be liable for non-compliance of the Goods with the Contract of Sale concluded remotely existing at the time of its delivery and disclosed within two years from that time, unless the term of usefulness of the Goods, specified by the Seller, is longer.
   2. The Seller shall repair or replace the Goods within 14 days of acknowledging the complaint. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller.
   3. The Consumer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods at his own expense. 6.
6. The Seller shall deliver the Goods free from defects and shall be liable to the Entrepreneur for defects of the purchased Goods under the terms of the Civil Code.
7. The delivery of Digital Content or Digital Service to the Consumer or the Individual Entrepreneur shall be made in accordance with the principles that arise from the Act of 30.05.2014 on Consumer Rights.
   1. Digital Content shall be deemed to have been delivered when the Digital Content or the means that allows access to the Digital Content or the downloading of the Digital Content have been made available to the Consumer or to a physical or virtual device that the Consumer has independently selected for that purpose, or when the Consumer or such device, has accessed it.
   2. The Digital Content shall be deemed to have been delivered when the Consumer or the physical or virtual device which the Consumer has independently selected for that purpose has accessed it.
   3. The Seller shall bring the Digital Content or Digital Service into conformity with the contract within 21 days from the moment the Seller is informed by the Consumer of the lack of conformity with the contract and without undue inconvenience to the Consumer, taking into account their nature and the purpose for which they are used. The costs of bringing the Digital Content or Digital Service into conformity with the Contract shall be borne by the Seller.

§ 9 Opinions

1. An opinion on the handling of an order or an opinion on an Item can be submitted during a visit to the Online Shop by clicking on the interface next to the Item or by clicking on the link provided in the email. The addition of an opinion is voluntary and free of charge. The customer may only place one Rating within an order. 2.
2. In the ratings, the customer may assign a star rating from 1 to 5 and add a verbal comment limited to 65535 characters.
3. The ratings are stored and displayed publicly on the Online Shop website, as well as on the websites https://zaufaneopinie.idosell.com and https://trustedreviews.idosell.com.
4. The Seller verifies the Opinions using the e-mail address that was used in the purchase process of the Goods in question. An Opinion which is placed by a person using the e-mail address which was used in the purchasing process - is marked on the website of the Shop with the comment "opinion confirmed by purchase". Any other Opinion is marked as an "opinion not confirmed by a purchase".
5. The Seller may publish Opinions on a given Merchandise from its other online Stores.
6. The Seller will not change the Opinions in terms of their content or the stars awarded.
7. The buyer is solely and solely responsible for the content of the opinion. The seller reserves the right to delete an opinion under the terms of the law and these terms and conditions.
8. The submission of information that is untrue, misleading, vulgar, aggressive, offensive or manifestly immoral is prohibited. It is also unacceptable to upload content that is unlawful, infringes the rights of third parties or constitutes an act of unfair competition. 9.
9. The Customer undertakes not to place content that contains links to external websites, is of a promotional or advertising nature or contains personal data of third parties.
10. The content of the rating may be hidden from other users of the Store at the Customer's express request, but the star rating awarded will be included in the overall rating of the Store and the Merchandise.

§ 10 Intellectual property and Consent for Use of Marketing Materials

1. Client's Rights to Content Published in the Online Store

1.1. The Client declares that they do not hold any rights, including copyrights or related rights, to Reviews and statements posted by them in the Online Store, other than the right to use the Online Store in accordance with these Terms and Conditions.
1.2. The Client is not authorized to record, reproduce, share, publish, or distribute the content of the Online Store unless such authorization explicitly derives from applicable legal provisions or these Terms and Conditions.

2. Prohibition of Interference with Online Store Content

2.1. The Client is not authorized to interfere with the content, structure, design, graphics, operating mechanisms, or other elements of the Online Store, except when such actions are permitted under applicable law or explicitly authorized by the Seller.

3. License to Use Client Reviews

3.1. By submitting Reviews in the Online Store that constitute works under the Polish Act of February 4, 1994, on Copyright and Related Rights, the Client grants the Seller a non-exclusive, royalty-free, perpetual, and territorially unrestricted license to use such content.
3.2. The license includes the right to publicly share, reproduce, modify, and utilize the Reviews for promotional and marketing purposes, as well as the right to grant sublicenses. The license covers the following fields of exploitation:
a) Recording and reproducing content by any technique, including printing, reprography, magnetic recording, and digital methods, on any audiovisual or visual media, within multimedia networks, including the Internet;
b) Using the whole or fragments of the content, with the right to modify, for promotional, advertising, and publishing purposes (including digital), as well as in combination with other works;
c) Distributing the content through public performance, exhibition, display, playback, broadcasting, rebroadcasting, and making it available in a manner that allows access at any time and place (including via the Internet);
d) Introducing the original or copies on which the work is recorded into circulation, lending, or leasing.

4. Consent for Use of Jagram S.A.'s Marketing Materials

4.1. Jagram S.A. grants consent for the use of marketing materials, including photos, brochures, catalogs, and technical drawings, exclusively for promotional and marketing purposes related to Jagram S.A.'s products. The consent includes:
a) Use of photos of gazebos, carports, pergolas, and other products in electronic media and live presentations;
b) Use of source materials for promotional purposes, provided that the Licensee may not alter the photos without Jagram S.A.'s written consent.

5. Obligations of the Licensee

5.1. The Licensee is obliged to remove marketing materials upon Jagram S.A.'s request. The Licensee is not entitled to claim any compensation or reimbursement of costs related to such removal.

6. Consequences of Violation

6.1. In the event of a breach of the provisions of this §10, the Licensee shall pay a contractual penalty of €10,000. This penalty also applies if the materials are used for purposes other than the promotion of Jagram S.A.'s products unless the Licensee has written permission from Jagram S.A. to do so.

7. Intellectual Property of Jagram S.A.

7.1. All photos, descriptions, logos, graphics, and other materials published in the Online Store are the intellectual property of Jagram S.A. and are protected under copyright laws and other regulations regarding intellectual property rights.
7.2. The deletion of the Client’s Account or Reviews, as per Chapter 9, Section 8, does not affect the validity of the above license.

§ 11. Rules of sale in the Subscription model.

1. Electronic service in the form of Subscription may be provided by the Seller to the Buyer.
2. using the Subscription allows for cyclical delivery of selected Goods, at intervals indicated by the Customer, without the need to place subsequent orders until the Subscription is completed. Payment for the Subscription is made exclusively using the Cyclical Payment mechanism and only via a single Card.
3. Unsubscribing a Card from a Subscription shall terminate the Subscription.
4. Transactions under Recurring Payments will be processed only upon prior registration of the Cardholder with the Operator (or the entity through which the Operator handles Transactions). The registration will be to authenticate that the Customer ordering the Cyclic Payment is the legitimate holder of the Card to be debited. Prior to registering the Card on the Transaction website, the Customer is required to give its consent to be charged regularly by initiating the Cyclic Payment service. The consent is stored in the Operator's service.
5. The Customer creates a Subscription by selecting this form of purchase in the Electronic Order Form. A confirmation of the creation of the Subscription is sent immediately to the Buyer's e-mail address indicated when the first Subscription Order is made.
6. The Customer shall manage the Subscription via the Account according to the options available.
7. The Subscription is for an indefinite period.
8. The Customer may terminate the Subscription at any time. Termination of the Subscription by the Customer is tantamount to withdrawal of consent for subsequent charges for Recurring Payments. In this situation, no further Subscription Order will be created. If the termination of the Subscription occurs after the date indicated in the email referred to in clause 11, the current Subscription Order will be the last to be created.
   a). The termination of the Subscription shall be effected by the Buyer selecting the option "Terminate Subscription" in the settings for the relevant Subscription, which are available when the Customer logs in from his Account.
   b). The Buyer may also terminate the Subscription by emailing the shop staff contact@jagram.com.
9. The Merchant has the right to terminate the Subscription, of which the Merchant will inform the Buyer by e-mail or by telephone contact at least 7 days in advance. In this situation, no credit will be taken from the Card and no further Subscription Orders will be created.
10. The Seller shall be entitled to change the prices of the Goods during the Subscription, of which the Buyer shall be informed in the email correspondence referred to in clause . 11.
11. The Seller shall send the Buyer an e-mail message about the creation of the Subscription Order with its subject, quantity, price (including price change if any), date of execution and the date of the scheduled withdrawal of funds from the Card - no later than 3 days before the withdrawal of funds from the Card. In addition, the Seller shall inform the Buyer of the possibility to terminate the Subscription by attaching a link leading to the settings enabling termination of a given Subscription from the level of the Customer Account and the date until which this will be effective. If the Subscription is terminated after the date indicated in the email - the termination shall be effective for subsequent Subscription Orders. This means that the Subscription will be terminated, but the current Subscription Order will be the last to be fulfilled.
12. If an attempt to debit the Card is unsuccessful, the Customer will be notified by e-mail that the payment cannot be collected. Possible reasons for not being able to charge the payment are: lack of funds on the Card, expiry of the Card or technical problems.
13. The expiry of the Card associated with the Subscription or the inability to authorise a payment order for other reasons will result in the termination of the Subscription.
14. The Subscription order will be processed only after the Card has been successfully debited.
15. The termination of the Subscription shall entail immediate termination of the contract for the sale of Goods.

§ 12 Final provisions

1. These Terms of Use are effective as of 2025.01.28.
2. In the event that any of the provisions of these Terms and Conditions is modified or invalidated by a decision of a competent authority or court, the remaining provisions shall remain in force and are binding on the Seller and the Customer.
3. The Seller reserves the right to amend these Terms and Conditions. Any agreements concluded before the date of entry into force of the new regulations shall be implemented on the basis of the regulations that were in force on the date of conclusion of the agreement.
4. The law applicable to the settlement of any disputes related to the Terms and Conditions shall be the Polish law. These disputes will be settled by the locally competent common court. The Customer who is a Consumer may also make use of out-of-court ways of handling complaints and pursuing claims. All information on out-of-court ways of dealing with complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we would like to inform you that the indicated proceedings are of a voluntary nature and both parties must agree to them.
5. Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform you that the platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is a one-stop-shop website for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract.
6. Dispute Resolution
   1.1. In the event of a dispute, mediation will be the first course of action.
   1.2. If mediation fails, disputes will be resolved through legal proceedings.
7. Legal Jurisdiction
   2.1. In the case of a legal dispute, jurisdiction is determined by Jagram S.A.

§ 13. Annex 1 - Information concerning the exercise of the right of withdrawal

1. You have the right of withdrawal under the following conditions for the Consumer and the Individual Entrepreneur.
   You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days:
   1. in the case of a contract of sale, from the day on which you take possession of the goods or on which a third party other than the carrier and indicated by you takes possession of the goods;
   2. in the case of a contract which involves the obligation to transfer the ownership of several items which are delivered separately from the day on which you acquire the possession of the last item or on which a third party other than the carrier and indicated by you acquires possession of the last item;
   3. in the case of a contract which provides for transfer of ownership of items which are delivered in instalments or parts from the day on which you acquire possession of the last instalment or part or on which a third party other than the carrier and indicated by you acquires possession of the last instalment or part;
   4. in the case of contracts for regular delivery of goods, for a defined period of time from the day on which you acquire possession of the first good or on which a third party other than the carrier and indicated by you acquires possession of the first good;
   5. in the case of contracts for the supply of services or digital content which is not supplied on a tangible medium, from the day of the conclusion of the contract.
2. In order to exercise your right of withdrawal, you must inform us, ie: Jagram Spółka Akcyjna, Marii Konopnickiej 6/363, 00-491 Warszawa, tel +48 797250884, contact@jagram.com of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail).
3. You may use the model withdrawal form, but this is not obligatory.
4. You may also fill in the Electronic Return Form available on the website of the Online Shop: https://jagram.com/en/returns-open.html. If you use this option, we will send you an acknowledgement of receipt of your notice of withdrawal on a durable medium without delay.
5. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
6. In the event of withdrawal from this contract, we shall reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without delay and in any event not later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal from this contract. We will refund the payment using the same means of payment as you used in the original transaction, unless you have expressly agreed otherwise.
7. In the case of contracts involving the transfer of ownership of an item where we have not offered to collect the item in the event of withdrawal - we shall withhold reimbursement until we have received the item or until you have supplied us with proof of its return, whichever event occurs first.
8. Please send the returned item back to: Jagram Spółka Akcyjna, Marii Konopnickiej 6/363, 00-491 Warszawa immediately and in any event not later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the expiry of the 14-day period. You will have to bear the direct costs of returning the item.
9. due to the weight and dimensions of the Goods, in the event of withdrawal from the contract - returning the Goods may involve higher costs than normal postal delivery. If you wish to use the services of courier companies, it may be necessary to send the shipment on a pallet, which is more expensive than ordinary postal delivery.

§ 14. Annex 2 - Model withdrawal form