REGULATIONS
of https://joylandfactory.com e-shop

These regulations define the rules of buying products in the internet shop conducted by the Seller on https://joylandfactory.com website.
The seller is the company JOYLAND FACTORY Spółka z ograniczoną odpowiedzialnością seated in Krzywiń, entered by the District Court, Poznań – Nowe Miasto and Wilda, Poznań, 9th Commercial Division of the National Court Register in the Entrepreneurs Register under the KRS index 0000700810, tax identification number: 698-184-76-37, REGON statistical number 368574730.

§ 1
Definitions

1. The terms used herein have the following meaning:
a) Regulations mean these regulations. In the range of electronically provided services these are the regulations defined in art. 8 of the Act of 18 July 2002 on providing services electronically.
b) The seller means JOYLAND FACTORY Spółka z ograniczoną odpowiedzialnością, seated in Krzywiń, conducting sales through an Internet Shop pursuant to the rules defined herein.
c) Customer: a natural or legal person or an organisational unit without legal identity and capable to act in law that pursuant to the rules defined herein places an Order in the Internet Shop.
d) Consumer: a Customer who is a natural person buying products in the Internet Shop for purposes not related directly to their business or professional activity.
e) Order: the Customer’s statement of will clearly stating the kind and quantity of Products, aimed directly at concluding a Sales Agreement with the Seller.
f) Sales Agreement: an agreement to sell the Products as defined by the act – Civil Code [Kodeks cywilny], concluded by the Service Provider and the Customer through the Shop’s internet platform.
g) Subject of the Transaction: the Products listed and described on the Internet Shop’s website.
h) Personalised Product: a Subject of the Transaction manufactured at the Customer’s special request or with a text provided by them to be included in the Product.
i) Internet Shop (the Shop): an internet service available at the address: https://joylandfactory.com, though which the Customer can place an Order.
j) Additional Service: a service provided to the Customer by the Seller outside the Internet Shop in connection with the character of the Products.
k) Telecommunication and IT System: a group of cooperating IT devices and software which ensures processing and storing, sending and receiving data through telecommunication and IT networks with a final device relevant for the kind of network.

§ 2
General rules

1. These Regulations determine the rules of using the internet shop available at the address: https://joylandfactory.com
2. The Customer can place an Order in the Internet Shop provided they have read these Regulations and accept them during Order performance. The Internet Shop conducts retail sale through the Internet.
3. All Products offered by the Shop are brand new, in original packaging and free from physical and legal defects.
4. Within technical requirements necessary to cooperate with the ITC system used by the Service Provider to conduct purchase, the Customer should have an active e-mail account and a device connected to the Internet.

§ 3
Registration

1. In order to conclude a Sales Agreement the Customer must register in the Internet Shop.
2. The Customer registers by filling in a form available on the Website and activates an account in the Internet Shop’s ITC system by opening in a browser a website at the URL address sent in a message from the Seller to the Customer.
3. The personal data indicated below are provided by the Customer voluntarily, but they are necessary in order to register and conclude a sales agreement:
a) name and surname,
b) e-mail address,
c) residence address,
d) address for shipment, if different than the residence address,
e) contact phone number,
f) for customers who conduct business activity: a tax identification number.
4. The Customer has the right to access their personal data and correct them using functions available in the Internet Shop’s IT system and to demand the removal of their data if obtained with breach of legal regulations or no longer necessary to obtain the aim for which they were collected; the Customer also has the right to object to their data being processed further to the legal provisions in force.
5. The Customer declares they have been informed about the purpose, extent of collecting and processing data by the Seller, their right to access their data and correct them, the right to demand to stop data processing and objection to their data being processed by the Seller.
6. The Customer can use the option of remembering their data in the system to facilitate filing subsequent Orders. For this purpose the Customer should provide their login and password necessary to obtain access to their account. The Customer’s login is their e-mail address.
7. A password is a string of characters defined by the Customer, consisting of 8-16 characters. The Seller does not know the Customer’s password and the Customer is obliged to keep it secret and prevent from unauthorised access by third parties. The Seller shall not be liable for losses caused by third parties that obtained logon data.
8. By registration the Customer confirms they have read the Regulations and accept them in full.
9. The Seller reserves the right to verify the data provided by the Customer upon registration with e-mail or by phone. The Seller shall be entitled to remove an account created in the Internet Shop’s IT system if the data are clearly false or in any other justified case.
10. While placing an Order the Customer can consent to having their data included in the Seller’s Internet Shop’s data base to process them in relation to Order performance. If the Customer gives their consent, they have the right to access their data, correct them and demand their removal.

§ 4
Placing orders

1. Orders are placed through the Website.
2. Orders can be placed through the website 24 hours a day, 7 days a week, all year.
3. An order is effective if the Customer correctly fills in an order form and correctly provides contact data, including the exact address to ship the Products, phone number and e-mail address. An additional condition of effective order placement is the Seller’s confirmation of the purchase offer in the form of an email.
4. If the provided data are not complete, the Seller will contact the Customer. If this proves impossible or greatly hindered, the Seller has the right to cancel the Order and the Buyer is not entitled to any claims towards the Seller for this reason.
5. All the prices on the Shop’s website are gross and expressed in American dollars. The prices do not include shipment cost.
6. All information about delivery terms, including methods of delivery, cost of delivery and term of delivery of the ordered products, as well as possible payment methods can be found on the Shop’s website in tab titled terms of service and the Customer can read them before placing an order.
7. A condition of order performance, understood as shipping the ordered products to the Customer, is crediting the sales price along with delivery costs on the Seller’s bank account or the Seller’s confirmation of payment receipt by an electronic payments’ operator, unless the products are sent cash on delivery.
8. After the Customer files an effective order, they will receive an automatic reply from the shop confirming receipt of the order.
9. The Customer shall accept the products sent cash on receipt. If they fail to receive the shipment, the Seller may charge the Buyer with the cost of product shipment and the costs of ………….
10. While placing an order the Customer can request a fiscal receipt or a VAT invoice, which can be attached to the shipment or sent electronically to the e-mail address in a form of electronic image of settlement documents, in particular: a VAT invoice with attachments, corrective VAT invoice with attachments and forms. This consent also entitles the Seller to issue and send VAT invoice in an electronic form, further to art. 106n of the Act of 11 March 2004 on the tax on goods and services [Ustawa z dnia 11 marca 2004 roku o podatku od towarów i usług].
11. The order performance starts when the bank account provided in the order confirmation is credited with the payment – if payment is made by transfer – or upon order placement if the order is to be paid by card or cash upon delivery has been chosen.

§ 5
Shipment cost and term

1. The Product is sent by the Seller to the address provided in the order form.
2. The Product is delivered through specialist messenger companies or Poczta Polska. In some cases it can be collected in person at the Seller’s seat.
3. The shipment is delivered in term provided next to each Product on the website. It is provided as a guide only and applies to the orders with the option cash on delivery. If bank transfer or card payment or online transfer are chosen, the delivery term should be prolonged by the time necessary to credit the shop’s bank account with the payment (usually 1-2 working days).
4. The Customer is charged with the cost of delivery (shipment) as provided for in the transport price list. The Customer can read the price list at any time by clicking on the link ”Terms of Service”.

§ 6
Withdrawal from the agreement

1. A consumer who concluded a remote agreement has the right to withdraw from the agreement for convenience, by submitting a relevant declaration in writing within 14 days. The term is non-extendable and is counted from the day the Transaction Subject is transferred and if the agreement is for service provision – from the conclusion thereof. Sending the declaration to the Service Provider’s address before the lapse of the term suffices to meet the deadline.
2. In the event of effective withdrawal from the remote agreement it is deemed that the agreement has not been concluded. Whatever the parties have furnished shall be returned unchanged, unless the change was necessary in the ordinary course of business.
3. The Transaction Subject should be returned immediately, no later than within 14 days. The goods purchased should be returned to the Service Provider’s address.
4. The Seller shall return the sales price by transfer to the bank account provided by the Customer no later than within 14 days from the receipt of the Transaction subject under these Regulations.

§ 7
Complaints procedure

1. Should the Consumer find that the Product does not conform with the agreement, they have the right to make a complaint.
2. The complaint should be made in writing and contain:
a) a description of the product subject to complaint,
b) description of defects found,
c) the Customer’s demand in relation to the complaint.
3. If the Product does not conform to the agreement, the Customer may demand to bring it to conformity to the agreement by repairing it free of charge or replacing, unless a repair or replacement are impossible or cause excessive costs. The evaluation of excess of costs takes into consideration the value of the product conforming to the agreement and the kind and degree of non-conformity found in the product.
4. The Seller warns that the goods bought in the Internet Shop can slightly differ (in terms of shape, size, shades of paint and glitter and general finish) from the photos on the product’s webpage, as the products are hand-made.
5. The Seller warns that personalised Products are not returnable if they have been manufactured according to the Customer’s request.
6. Complaints should be made to the Seller’s address.
7. A complaint should be sent to the Seller’s address with proof of purchase. If the Customer demands bringing the Product to conformity with the agreement or withdraws from the sales agreement in part or in full, the product subject to the complaint must be attached to the letter of complaint.
8. The Seller shall reply to the complaint in writing within 30 days from its receipt with justification of their standing.

§ 8
Privacy policy and personal data protection

1. The controller of personal data provided by the Internet Shop customers in connection with purchase is the Service Provider.
2. Personal data are used in order to perform sale agreements, and so they can be passed to entities responsible for delivery of the purchased goods to the Customer. Customers have the right to access their data and correct them. The data are provided on a voluntary basis.
3. Information on the methods and technical means used to find and correct errors in the data:
a) Customers holding an account in the Internet Shop can correct their data personally by editing their account profile,
b) data can be verified and the Order corrected also by …………………..,
c) Customers can also change the data entered while creating the account at any time using available options.
4. Information about the Seller’s rules and methods of saving, protecting and making available to the other party the provisions of the concluded agreement:
a) the provisions of the agreement are saved, protected and made available by sending a relevant e-mail after concluding the Sales Agreement,
b) the provisions of the agreement are saved, protected and made available by sending to the Customer to the provided e-mail address the provisions of the agreement or by submitting to the Customer an Order specification and proof of purchase,
c) the provisions of the agreement are additionally stored and protected in the Seller’s ITC system and made available at the Customer’s every request.

§ 9
Amendments to the Regulations

1. The Seller reserves the right to amend the Regulations.
2. Customers who hold an account in the Shop shall be informed about amendments to the Regulations by e-mail.
3. The amended Regulations come into force fourteen days from the notification to the Customer, unless the Customer places a declaration on no consent to amendments to the Regulations. If they place such a declaration, the agreement is terminated and the Customer’s account is removed. Amendments to the Regulations do not affect the performance of orders filed before the above term; they are performed in compliance with the Regulations so far.
4. Customers who do not accept amendments to the Regulations have the right to remove their account at any time.
5. Orders filed by Customers before the amendments to the Regulations come into force shall be performed in compliance with the previous Regulations.

§ 10
Final provisions

1. The Seller can be contacted by phone: +48 728 988 444, cost of one minute as per operator’s rates or at the e-mail address: office@joylandfactory.com.
2. Any descriptions and photos of the products in the Internet Shop can be subject to copyright and their further use is prohibited without the Seller’s consent expressed in writing.
3. Any matters not regulated herein shall be governed by the provisions of the Act of 30 May 2014 on consumer’s rights [Ustawa z dnia 30 maja 2014 roku a o prawach konsumenta] and the provisions of the Civil Code [kodeks cywilny].
4. Any disputes arising from the sales agreement shall be settled by the court competent for the Seller’s seat.
5. These Regulations do not in any manner limit any Consumer’s rights guaranteed to consumers upon agreement conclusion by the provisions of the law in force in the Republic of Poland, the provisions of which apply first to the exclusion of the provisions of the Regulations which could limit those rights.

DECLARATION
on withdrawal from a remote agreement

Place, date
Consumer’s name and surname
Address
Order number

I declare that further to art. 27 of the Act of 30 May 2014 on consumer’s rights [Ustawy z dnia 30 maja 2014 roku a o prawach konsumenta] and the provisions of the Civil Code [Kodeks Cywilny] I withdraw from agreement …………………. number …………………. concluded on …………………. on joylandfactory.com service platform.
I request the return of …………………. (say: ………………….) to bank account at bank …………………. number ………………….
I return …………………. unchanged.

Consumer’s signature