Terms of sale

§ 1. General provisions

1. These Terms set out the rules for concluding and performing contracts for the sale of Products in the online shop at jamarbox.com (the "Shop") and the rules for the services provided electronically in the Shop. They are the terms of service referred to in Article 8 of the Polish Act of 18 July 2002 on providing services by electronic means.

2. The Shop is run by Jacek Szkonter, an entrepreneur trading as JACEK SZKONTER PRZEDSIĘBIORSTWO PRODUKCYJNO-HANDLOWO-USŁUGOWE "JAMAR", entered in the Central Register and Information on Economic Activity (CEIDG), ul. Objazdowa 15, 43-100 Tychy, Poland, NIP (tax number) 6540007807, REGON 271020225 (the "Seller").

3. You can contact the Seller:

   1. by email: shop@jamarbox.com;

   2. by phone: +48 32 216 86 60, Monday to Friday, 8:00–16:00 CET; calls are charged at your operator's rates;

   3. by post: ul. Objazdowa 15, 43-100 Tychy, Poland.

   Complaints and withdrawal statements can be sent to any of these addresses.

4. These Terms do not cover custom orders, that is, packaging made to the Customer's specification on the basis of a quote prepared at the Customer's request. Such contracts are governed by the General terms for custom orders. Section 3 applies to the use of the quote form.

5. These Terms are available free of charge on this page before a contract is concluded, in a form that can be downloaded (PDF), saved and printed. The Seller also sends them to the Customer as a PDF with the confirmation of the Sales contract (§ 5(7)).

6. These Terms apply to Consumers, Sole traders with consumer rights and Business customers. Provisions that apply only to one of these groups are clearly marked. Nothing in these Terms limits the rights that Consumers or Sole traders with consumer rights have under mandatory law; in case of conflict, that law applies.

§ 2. Definitions

In these Terms:

§ 3. Electronic services

1. The Seller provides the following Electronic services in the Shop free of charge:

   1. Account — to save delivery and invoice details, see your Orders and their status, and open the Withdrawal function from an Order;

   2. order form — to place an Order, from an Account or without creating one;

   3. newsletter — information about the Seller's new products and offers, sent by email to people who have subscribed;

   4. contact form — to send the Seller a message;

   5. quote form — to send an enquiry about a custom order with files (such as a design, a photo or a specification) in PDF, JPG, PNG, AI or EPS format, up to 10 MB in total;

   6. complaint form — to make a complaint about a Product, with photos;

   7. Withdrawal function — to send a statement of withdrawal from a Sales contract online (§ 9).

2. Messages sent through the forms in paragraph 1, points 4–7, together with any attached files, are saved in the Shop's system and sent to the Seller by email, so that the Seller can handle them, reply and continue the correspondence. How long they are kept is explained in the Privacy policy.

3. The contract for an Electronic service is concluded:

   1. for the Account — when the Account is created, for an indefinite period;

   2. for the newsletter — when the Customer confirms the subscription with the link sent by email, for an indefinite period;

   3. for the order form, the forms in paragraph 1, points 4–6, and the Withdrawal function — when the Customer starts using them, for a fixed period; the contract ends when the form is sent or the Customer stops using it.

4. The Customer may end the contract at any time, without giving a reason and at no cost:

   1. for the Account — by deleting the Account or by writing to shop@jamarbox.com; deleting the Account does not affect Orders already placed;

   2. for the newsletter — with the unsubscribe link in every email or by writing to shop@jamarbox.com.

5. The Seller may end the contract for the Account or the newsletter for an important reason, with 14 days' notice sent by email. Important reasons are:

   1. the Customer's breach of these Terms, in particular supplying unlawful content;

   2. the end of the Electronic service in the Shop.

6. The Customer must not supply unlawful content, in particular in the forms and in files sent through them.

7. A Customer who sends files through the quote form confirms that they have the right to give them to the Seller for preparing a quote. The Seller uses them only to prepare the quote and, if the custom order goes ahead, to make it.

§ 4. Technical requirements and risks

1. To use the Shop you need:

   1. a device with internet access and an up-to-date web browser (such as Chrome, Firefox, Safari or Edge) with JavaScript and cookies enabled;

   2. an active email address;

   3. a PDF reader to open PDF documents.

2. The Shop uses cookies. Cookies needed for the Shop to work (such as the cart, login and remembering your choice in the cookie banner) are set without consent; all others only after you agree in the cookie banner (Article 399 of the Polish Electronic Communications Law of 12 July 2024). Details are in the Cookie policy. You can change your choice at any time with the "Cookie settings" link in the footer.

3. Using the internet comes with common risks, such as malware, phishing (fraudsters posing as well-known companies to obtain data) and data being intercepted on unsecured networks. The Shop uses an encrypted connection (HTTPS). The Seller never asks by email or phone for your Account password or card details. Protect your password and keep your software up to date.

§ 5. Placing an Order and concluding the Sales contract

1. Orders can be placed at any time, as a guest or after logging in to an Account.

2. Product information in the Shop, including prices, is not an offer within the meaning of the Polish Civil Code but an invitation to conclude a contract. The Customer's Order is the offer.

3. To place an Order, the Customer:

   1. adds Products to the cart, choosing the variant and quantity;

   2. states whether they are buying as a private person or as a business, and enters delivery and invoice details — for a business, a NIP or an EU VAT number;

   3. chooses the delivery and payment methods;

   4. reads these Terms and the Privacy policy;

   5. clicks the "Order with obligation to pay" button.

4. Before the Customer clicks that button, the Shop shows an Order summary: the Products, their quantities, unit prices and the total price including taxes, delivery costs and any other costs, the delivery and payment methods and the Customer's details. Until then the Customer can change the Order and correct their details.

5. After placing the Order, the Customer receives an email confirming that it was received. The Sales contract is concluded when the Customer receives the email confirming that the Order has been accepted for fulfilment.

6. Choosing "business" and entering a NIP or EU VAT number is for the invoice. It does not take away the rights of a Sole trader with consumer rights described in § 9, § 10 and § 13(1). If the content of the Sales contract does not show whether it is professional for the Customer, the Customer may declare this at the latest when the contract is concluded. The Seller does not make the Sales contract conditional on such a declaration.

7. At the latest when the Products are delivered, the Seller sends the Customer an email confirming the Sales contract, with the information required by law, these Terms as a PDF and the model withdrawal form.

8. If the Seller cannot accept the Order (for example, because a Product is unavailable), it tells the Customer by email and refunds any payment received without undue delay, and in any case within 14 days.

§ 6. Prices

1. Prices in the Shop are in Polish złoty (PLN) and are gross prices: they include VAT at 23%. The same prices apply to delivery to every country of the European Union.

2. Delivery costs depend on the country, the delivery method and the size of the Order. They are shown on the Delivery & payment page and in the cart, before the Order is placed. The Customer does not pay any charges or costs they were not told about before placing the Order.

3. For some Products the unit price depends on the quantity ordered. Quantity thresholds and their prices are shown on the product page; the lower price applies automatically when the quantity in the cart reaches the threshold.

4. The price shown when the Order is placed is binding. A later price change does not affect Orders already placed.

5. Whenever the Shop announces a price reduction, it also shows the lowest price of that Product in the 30 days before the reduction, or, if the Product has been on sale for less than 30 days, the lowest price since it went on sale. The reduction (such as a struck-through price or a percentage) is calculated from that lowest price.

6. The Shop does not personalise prices on the basis of automated decision-making.

§ 7. Payment

1. The available payment methods are shown at the start of the ordering process and on the Delivery & payment page: methods.

2. Online payments are handled by payment provider. The Seller does not receive or store card details.

3. The Customer pays:

   1. for online payment — while placing the Order;

   2. by traditional bank transfer — within number days of the Sales contract being concluded, to the Seller's bank account no. bank account, quoting the Order number.

4. If the Customer does not pay on time, the Seller may set an additional deadline by email, of at least 7 days, stating that it will withdraw from the Sales contract if the payment does not arrive by then (Article 491 § 1 of the Polish Civil Code).

5. For every Order the Seller issues a fiscal receipt / a VAT invoice. Business customers receive a VAT invoice with their NIP or EU VAT number. A Consumer may ask for an invoice within 3 months from the end of the month in which the Products were delivered or the payment was received.

6. The Seller sends invoices by email as PDF files.

§ 8. Delivery

1. The Seller delivers to addresses in Poland and in the other member states of the European Union. Delivery restrictions are shown on the Delivery & payment page and at the start of the ordering process.

2. Carriers, delivery costs and delivery times are listed on the Delivery & payment page and in the cart.

3. The delivery time is the time needed to prepare the Order for dispatch, counted from the day the payment is received, plus the carrier's delivery time. The Seller dispatches stocked Products within number Working days; Products that take longer to prepare show their own time on the product page.

4. If the Seller is late in delivering Products to a Consumer, the Consumer may set an additional deadline for delivery and, if it passes without delivery, withdraw from the Sales contract (Article 543¹ of the Polish Civil Code).

5. The risk of accidental loss of or damage to the Products passes to a Consumer when the Products are delivered to them (Article 548 § 3 of the Polish Civil Code).

6. Please check the parcel when it is delivered. If it is damaged, ask the carrier to write a damage report and tell the Seller (§ 10). For Consumers and Sole traders with consumer rights this is a request, not a condition: without a report their rights are not limited.

§ 9. Right of withdrawal

1. Consumers and Sole traders with consumer rights may withdraw from a Sales contract within 14 days without giving a reason and without any costs other than those described in paragraphs 10–12.

2. The period starts on the day the Customer, or a third party they named other than the carrier, takes possession of the Products. If the Order covers several Products delivered separately, in batches or in parts, it starts when the last Product, batch or part is taken into possession.

3. Sending the statement before the period ends is enough to meet the deadline.

4. The statement of withdrawal can be sent:

   1. online — with the Withdrawal function, available through the "Withdraw from contract here" link in the footer of every page of the Shop, in the Account next to the Order and in the order confirmation email, for the whole withdrawal period. The Customer enters their name, the Order number and the email address for the confirmation, can choose particular Products, and then submits the statement with the "Confirm withdrawal" button. No login is needed;

   2. by email to shop@jamarbox.com;

   3. by post to: ul. Objazdowa 15, 43-100 Tychy, Poland.

5. The Customer may use the model withdrawal form in Annex 1 to these Terms, which is also available as a PDF on the Returns & complaints page, but does not have to.

6. The Seller sends the Customer an email confirming receipt of the statement without undue delay. For a statement sent with the Withdrawal function, the confirmation contains the statement and the date and time it was sent.

7. The statement may cover all or only some of the Products in the Order. To that extent the Sales contract is treated as not concluded.

8. The Seller refunds all payments received from the Customer, including the cost of delivery, without undue delay and in any case within 14 days of receiving the statement of withdrawal. The refund uses the same payment method the Customer used, unless the Customer agrees to another method that costs them nothing.

9. The Seller may withhold the refund until it has received the Products back or the Customer has supplied proof of sending them, whichever happens first.

10. If the Customer chose a delivery method more expensive than the cheapest standard delivery offered by the Shop, the Seller does not refund the extra cost.

11. The Customer sends the Products back to: P.P.H.U. Jamar, ul. Objazdowa 15, 43-100 Tychy, Poland, without undue delay and in any case within 14 days of withdrawing; sending them before that period ends is enough. The Customer pays the direct cost of returning the Products. The Seller does not collect the Products.

12. The Customer is liable for any loss in value of the Products resulting from handling them beyond what is necessary to establish their nature, characteristics and functioning. For example, assembling one box to check its size and finish is fine; printing on, labelling or using the boxes to pack products is not.

14. Business customers do not have the right of withdrawal described in this section (§ 13(2)).

§ 10. Product complaints

1. The Seller must deliver Products that conform to the Sales contract.

2. Towards Consumers and Sole traders with consumer rights, the Seller is liable for any lack of conformity of the Products with the Sales contract that exists when they are delivered and becomes apparent within two years. A lack of conformity that becomes apparent within two years of delivery is presumed to have existed at delivery. This liability is governed by Chapter 5a of the Polish Consumer Rights Act.

3. If a Product does not conform to the Sales contract, the Customer may ask for it to be repaired or replaced. The Seller may replace it instead of repairing it, or repair it instead of replacing it, if the Customer's choice is impossible or would cost the Seller disproportionately much. If both repair and replacement are impossible or would cost disproportionately much, the Seller may refuse to bring the Product into conformity.

4. The Customer may declare a price reduction or withdraw from the Sales contract if:

   1. the Seller has refused to bring the Product into conformity under paragraph 3;

   2. the Seller has not brought the Product into conformity;

   3. the lack of conformity persists although the Seller has tried to bring the Product into conformity;

   4. the lack of conformity is so serious that it justifies a price reduction or withdrawal without first trying repair or replacement;

   5. the Seller has said, or it is clear from the circumstances, that it will not bring the Product into conformity within a reasonable time or without significant inconvenience to the Customer.

   The Customer may not withdraw if the lack of conformity is minor; it is presumed not to be minor. If only some of the Products do not conform, the Customer may withdraw for those Products, and also for other Products bought with them if the Customer cannot reasonably be expected to keep only the conforming ones.

5. The Seller pays the costs of repair or replacement, including shipping. The Customer makes the Product available to the Seller, and the Seller collects it at its own cost.

6. After withdrawing because of a lack of conformity, the Customer returns the Product without undue delay at the Seller's cost, and the Seller refunds the price without undue delay and in any case within 14 days of receiving the Product or proof of its dispatch. An amount due because of a price reduction is refunded without undue delay and in any case within 14 days of receiving the price-reduction statement.

7. A complaint can be made:

   1. with the complaint form on the Returns & complaints page;

   2. by email to shop@jamarbox.com;

   3. by post to: ul. Objazdowa 15, 43-100 Tychy, Poland.

8. To help us handle the complaint, please give the Order number, a description of the problem and when you noticed it, photos if they help, and what you would like us to do. A complaint without this information will still be handled; the Seller may ask for the missing details.

9. The Seller answers a complaint within 14 days of receiving it, on paper or another durable medium (by email). If the Seller does not answer a Consumer or a Sole trader with consumer rights within that time, the complaint is treated as accepted.

10. This section also applies to Made-to-order products.

11. The Seller gives no guarantee on the Products unless the product page says otherwise.

12. Liability towards Business customers is set out in § 13(2).

§ 11. Complaints about Electronic services

1. Complaints about the Electronic services (such as the Account, the newsletter, the forms or the Withdrawal function) can be sent by email to shop@jamarbox.com or by post to the Seller's address.

2. Please describe the problem and give the email address it concerns.

3. The Seller answers within 14 days of receiving the complaint, by email or post, as the Customer prefers.

§ 12. Out-of-court complaint handling and redress

1. A Consumer may use out-of-court ways of handling complaints and pursuing claims. In particular, a Consumer may:

   1. ask the permanent consumer arbitration court at the voivodeship inspector of the Trade Inspection (Inspekcja Handlowa) to settle a dispute with the Seller; for the Seller, this is the Silesian Voivodeship Inspector of the Trade Inspection in Katowice;

   2. ask the voivodeship inspector of the Trade Inspection to start mediation to settle the dispute amicably;

   3. get free help from a municipal or district consumer ombudsman (rzecznik konsumentów) or from a non-governmental organisation whose statutory tasks include consumer protection.

2. These procedures and the register of authorised bodies are described on the website of the Office of Competition and Consumer Protection (UOKiK): uokik.gov.pl (opens in a new tab).

3. Taking part in out-of-court dispute resolution is voluntary for both parties. whether the Seller commits to out-of-court resolution

4. If a dispute is not resolved after a Consumer's complaint, the Seller tells the Consumer, on paper or another durable medium, whether it agrees to take part in out-of-court dispute resolution or refuses.

5. A Consumer living in another EU country can ask the European Consumer Centre for help with a cross-border dispute.

§ 13. Sole traders with consumer rights and Business customers

1. The consumer rules on the right of withdrawal (§ 9), on liability for the conformity of Products with the Sales contract (§ 10) and on unfair contract terms apply to Sole traders with consumer rights. Whether the Sales contract is of a professional character for them is judged in particular by the subject of their business as shown in CEIDG.

2. Towards Business customers:

   1. the right of withdrawal in § 9 does not apply;

   2. the Seller's liability under the statutory warranty for defects (rękojmia, Articles 556 et seq. of the Polish Civil Code) is limited to repair or replacement of the Product or, where neither is possible, a refund of the price of the defective Product limit, exclusion or full warranty;

   3. the Business customer inspects the Products on delivery and notifies the Seller of a defect without undue delay, and of a hidden defect without undue delay after discovering it; otherwise it loses its rights under the statutory warranty (Article 563 of the Polish Civil Code);

   4. the risk of accidental loss of or damage to the Products passes to the Business customer when the Products are handed to the carrier (Articles 544 § 1 and 548 § 1 of the Polish Civil Code);

   5. the Seller's liability for damage is limited to the price of the Order concerned and does not cover lost profits; this limit does not apply to damage caused intentionally Lawyer: or by gross negligence;

   6. disputes are settled by the court with jurisdiction over the Seller's registered address;

   7. the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980) does not apply.

§ 14. Personal data

1. The Seller is the controller of the Customers' personal data. How it is processed, and the Customers' rights, are described in the Privacy policy.

2. For anything about personal data, write to rodo@jamarbox.com.

§ 15. Changes to these Terms

1. The Seller may change these Terms for important reasons, which are:

   1. a change in the law that affects these Terms;

   2. a court ruling or an authority's decision concerning these Terms;

   3. a change of payment or delivery methods;

   4. the introduction, change or end of an Electronic service;

   5. the need to improve the security of the Shop or its users;

   6. a change in the Seller's details.

2. Orders placed before a change are governed by the Terms in force on the day the Order was placed.

3. The Seller tells Customers by email about a change that affects the Account or the newsletter at least 14 days before it takes effect. A Customer who does not accept the change may end the contract before that date (§ 3(4)).

4. Previous versions of these Terms are available on this page under "Previous versions".

§ 16. Final provisions

1. Contracts concluded under these Terms are governed by Polish law. This choice of law does not deprive a Consumer of the protection given by the provisions that cannot be excluded by contract under the law of the country where the Consumer has their habitual residence.

2. Disputes with Consumers are settled by the courts with jurisdiction under the general rules.

3. These Terms are available in Polish and English. If the versions differ, the Polish version prevails.

4. These Terms take effect on publishing date.

Annex 1 — Model withdrawal form