TERMS & CONDITIONS

JAGG. TERMS AND CONDITIONS

These Terms and Conditions define the terms of use of the Store (online) available at the URL: https://jagg.pl/, as well as the terms of the loyalty program organized by Jagg for Customers who have created an Account in the Store.

The Service Provider and owner of the Store is Malwina Maruda conducting business under the name JAGG. Malwina Maruda in Warsaw (00-561), at ul. Mokotowska 26, NIP: 5222711431. (hereinafter referred to as "Jagg" or "Service Provider").

Every Customer who wants to use the Store must first familiarize themselves with the Terms and Conditions. We provide the Regulations to everyone free of charge before concluding the Agreement, and also - upon request - in a way that allows obtaining, reproducing, and recording the content of the Regulations using the teleinformatics system used by the Customer. If the Customer does not agree with the provisions of the Regulations, they cannot use the Store. In the case of Customers who are not Consumers, it is considered that they have accepted the Regulations without reservation upon their use of the Store.

The Customer can contact Jagg:

by e-mail, by sending a message to the address: help@jagg.pl, by phone on business days: +48 731 884 714 (during the hours indicated in the Store), by writing to the address: ul. Mokotowska 26, 00-561 Warsaw. Meaning of other terms used in the Regulations:

Order Fulfillment Time	The time during which the order is being processed and then handed over to the carrier for delivery of the Goods to the address specified by the Customer; the Order Fulfillment Time does not include the delivery time
Business Day	weekdays from Monday to Friday (excluding public holidays in the Republic of Poland)
Gift Card	a voucher for the bearer in the form of a physical card entitling to a one-time purchase of Goods in the Store, within the limit of the amount specified therein; supplementary details regarding the rules of using Gift Cards in relation to the Regulations are included in the appropriate tab of the Store
Customer	an entity with full legal capacity, using the Store or concluding a Sales Agreement with the Service Provider
Consumer	a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity or a natural person concluding an agreement directly related to their business activity when the content of this agreement indicates that it does not have a professional character for them, resulting in particular from the subject of the business activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity ("Entrepreneur on consumer terms")
Account	a service provided electronically by the Service Provider; a modifiable element of the Store, created after registration by the Customer, containing information about the Customer or about the Customer and documentation related to their Orders
Privacy Policy	a document regulating the security of privacy protection and processing of personal data of Customers; the Privacy Policy is a supplement to the Regulations and is available at this address: https://jagg.pl/privacy_policy
Discount	a discount automatically calculated when a registered Customer (and logged in during placing Orders) exceeds specified monetary thresholds resulting from the total sum of all realized Orders; the amount of discount thresholds will be indicated each time within the Customer's Account, who has qualified to participate in the loyalty program; the Discount can be used to purchase all Goods available in the Store
Regulations	these Store regulations
Force Majeure	an event that could not have been foreseen with due diligence required in professional relationships, which is external both to the Service Provider and to the Customer, and to which they could not have opposed, acting with due diligence; in particular, a hacking attack or the introduction of malicious software into the Store is considered Force Majeure
Goods	products available in the Store, including non-prefabricated products, manufactured according to the Consumer's specifications or serving to satisfy their individualized needs, which may constitute the subject of a Sales Agreement; the essential and particular properties of each Good are made available on its assigned subpage of the Store
Receipts	E-RECEIPT - electronic visualization of a fiscal receipt. RECEIPT - paper fiscal receipt.
Agreement (sale)	a sales agreement of Goods within the meaning of the Civil Code, concluded according to the provisions of these Regulations between Jagg and the Customer, through the sales system of the Store
Order	a declaration of will of the Customer directly leading to the conclusion of a Sales Agreement and indicating its essential terms, made using the basket function; Orders can be placed electronically through the Store's sales system, 24 hours a day, 7 days a week throughout the year, provided that their fulfillment takes place on business days during the hours indicated in the Store

1. INITIAL PROVISIONS

1.1 These Regulations define the rules for using the Store, in particular the conditions for using services electronically, placing Orders and modifying them, submitting complaints, making payments, as well as other rights and obligations of the Customer and Jagg.

1.2 A person who wants to use the Store's services must accept these Regulations beforehand. A person who does not accept the Regulations cannot use the Store.

1.3 The information contained in the Store is not an offer within the meaning of the Civil Code but constitutes an invitation to submit offers by Customers.

1.4 Customers are prohibited from providing unlawful content and using the Store in a manner that disrupts or prevents its functioning.

1.5 In order to use the Store, the following minimum technical requirements must be met on the Customer's side: a device with access to the Internet, an installed and updated to the latest version Internet browser: Edge, Chrome, FireFox, Opera, Safari; with JavaScript and Cookies enabled, an active email account. Recommended minimum screen resolution: 1920x1080 pixels.

1.6 Agreements are concluded in accordance with Polish law, with the reservation that this choice cannot result in depriving the Consumer of the protection resulting from the absolutely binding provisions of the law of their habitual residence.

2. ACCOUNT AND OTHER SERVICES PROVIDED ELECTRONICALLY

2.1 The Store provides Customers with free electronic services in the form of Store functionality such as: interactive forms, including registration and contact form, Account, and basket.

2.2 Each agreement for the provision of services electronically can be terminated by the Customer at any time without giving a reason, as indicated here or in the further part of the Regulations. Agreements for the provision of services provided electronically, consisting of using the functionality of forms, are concluded for a specified period and are terminated upon sending the content of the form to Jagg or discontinuing their use.

2.3 In order to create an Account and obtain the status of a registered Customer, the registration procedure must be completed in advance. The Customer registers through an interactive form available in the Store. The Customer is obliged to provide their true and current data and to maintain them in such a state for the entire period of owning the Account.

2.4 Upon confirmation of registration by clicking on the confirmation link sent by Jagg to the Customer's email address, an agreement for the provision of the electronic service of maintaining the Account is concluded between the Customer and Jagg for an indefinite period.

2.5 The Client may terminate the Account management agreement at any time with immediate effect by sending such a declaration of intent to Jagg. Termination is effective upon its receipt by the Service Provider.

2.6 During the registration process, the Client sets a password, through which they subsequently gain access to the Account. The Client is obligated to protect the password and may not disclose it to third parties. The Account is non-transferable.

2.7 The Client is obliged to update the Account data necessary for order fulfillment.

2.8 An electronic receipt is issued for each order or, upon the Customer's request, an invoice. The receipt or invoice is delivered electronically to the email address provided by the Customer or in a traditional form along with the delivery of the goods. Acceptance of the Terms and Conditions also constitutes consent to receive receipts and invoices electronically.

3. ORDER AND SALES AGREEMENT

3.1 The Client places an order by virtually adding Goods to the cart. Effective addition of the Goods causes the indicator of Goods in the order list in the cart to change, which can be freely modified, also from the cart level.

3.2 After confirming the selection of Goods, the Client indicates the payment method, delivery details, and contact information in the order form or confirms them after logging into the Account. After completing the order, the Client approves it and sends it to Jagg by activating the button confirming the purchase obligation.

3.3 It is necessary to provide data essential for order fulfillment in the order form. These include, in particular: name, delivery address, email address, data for invoicing or VAT invoice issuance.

3.4 During the order placement process, until the button confirming the purchase is activated, the Customer has the opportunity to detect and correct errors in the order and modify it through the Store's sales system.

3.5 After this moment, the Client may change the order, especially correct errors in the entered data, until the shipment of the Goods by contacting Jagg directly and promptly (by phone or email).

3.6 By placing an order, the Customer submits to Jagg an offer to conclude a Sales Agreement for the Goods subject to the Order. The conclusion of the Sales Agreement takes place by accepting the aforementioned offer by Jagg, upon receipt by the Customer of confirmation of the acceptance of the Order for execution by Jagg.

3.7 The condition precedent to the conclusion of the Sales Agreement is (a) payment by the Customer, (b) absence of an error in the Store regarding the price of the Goods. If the Customer has made the payment and the suspensive condition regarding the error has not been fulfilled, the payment is undue and Jagg will refund it to the Customer immediately upon its receipt into the bank account, no later than within one business day.

3.8 Recording, securing, and providing access to the content of the concluded Sales Agreement is done through the Store's sales system and is sent to the Customer's email address or in writing to the address provided by the Customer in the Order. The Customer who has placed an Order will receive a digital document confirming the conclusion of the Agreement along with its content.

3.9 The Order Fulfillment Time is visible in the description of the selected Goods. Order fulfillment begins after making an electronic payment through the online payment system - upon confirmation received by Jagg from the payment operator.

4. PRICES AND PAYMENTS

4.1 The prices listed on the Store's pages are gross prices (including all taxes), expressed in Euros and do not include delivery costs. The total price of the Order is calculated according to the choices made by the Customer in the Order form, in accordance with the rates indicated in the Order.

4.2 The binding and total price is indicated to the Customer in the Order summary at the time of its submission by the Customer to the Service Provider, excluding goods produced according to the Consumer's specifications or serving to satisfy their individualized needs.

4.3 Jagg offers electronic payments, which are processed by an external payment operator in relation to Jagg - PayU. The Customer can choose one of the following payment methods: (a) bank transfer, (b) by credit or debit card.

4.4 A sales document is issued for each sold Product in the form of an e-receipt, receipt, or invoice, upon the Customer's request. The accounting document confirms the essential elements of the placed Order. By accepting the Terms and Conditions, the Customer agrees to receive electronic invoices to the email address provided in the Order.

4.5 Prices and costs listed in the Store may change (as part of a promotional campaign or clearance of Products, or due to price changes by the manufacturer or carrier). The terms of the Order cannot be changed for the Customer who has made an offer in the manner indicated above, prior to the price change.

4.6 Depending on the destination of the Order delivery, there may be an additional customs fee. Its amount depends on the regulations in force in the respective country. The Customer covers all costs related to customs duties. Prices within the Store are not individually tailored to Customers based on automated decision-making. The displayed prices apply to all Customers.

5. GIFT CARD

5.1 Within the Store, it is possible to purchase a Gift Card of a chosen monetary value.

5.2 The gift card is valid for 6 (six) months from the date of purchase and can be used once, without the possibility of returning any unused portion of the funds. In the event that the value of the Order or purchase of Goods in the stationary store exceeds the value of the Gift Card, the Customer or another entity for whom it was purchased is obligated to pay the difference.

5.3 The gift card does not apply to Goods that are of lower value than the Card.

5.4 The provisions regarding placing Orders and concluding Sales Agreements apply accordingly to the purchase of a Gift Card. By placing an Order for a Gift Card, the Customer indicates whether it will be redeemed for purchases of Goods in the Store or in the Jagg boutique.

5.5 The Gift Card cannot be used to purchase another Gift Card.

5.6 The Gift Card cannot be exchanged for cash.

5.7 Upon delivery of the Gift Card to the Customer, the risk of its loss or damage passes to the Customer.

6. DELIVERY

6.1 Orders are delivered to the address specified by the Customer when placing the order through an external courier company.

6.2 The shipping cost is calculated based on the delivery prices indicated in the Order form. The Customer agrees to bear the cost of delivery.

6.3 The condition for dispatching the Goods is the payment required for the Order.

6.4 The delivery time of the Order to the territory of Poland is up to 14 working days, and to the territory of other European Union countries, up to 20 working days, counted from the completion of the Order Fulfillment Time.

6.5 The Customer is obligated to check the contents of the shipment upon receipt from the courier company. In case of damage to the package contents, the Customer is obliged to draw up a damage report in the presence of the courier. The risk of accidental loss or damage to the Goods passes to the Customer upon delivery of the Goods to them.

6.6 Upon delivery of the Goods by the Service Provider to the carrier, the benefits and burdens associated with the Goods, as well as the risk of accidental loss or damage to the Goods, pass to the Customer who is not a Consumer. Jagg in such a case is not liable for loss, shortage, or damage to the Goods arising from the acceptance for transport until their delivery to such a Customer, as well as for delays in the delivery of the shipment.

6.7 If the Goods are sent to the Customer via a carrier who is not a Consumer, they are obliged to inspect the shipment at the time and in the manner customary for shipments of this type. If they find that the Goods have been lost or damaged during transport, they are obliged to take all necessary steps to determine the carrier's liability.

7. COMPLAINTS AND RIGHT OF WITHDRAWAL IN CASE OF NON-CONFORMITY OF GOODS WITH THE AGREEMENT

7.1 Jagg is obliged to deliver Goods to Customers in accordance with the Agreement.

7.2 In the event of non-conformity of the Goods with the Agreement, the Consumer may demand their replacement or repair.

7.3 Jagg may exchange the Goods when the Consumer requests repair, or Jagg may repair when the Consumer requests exchange, if bringing the Goods into conformity with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for Jagg. If repair and exchange are impossible or would require excessive costs for Jagg, Jagg may refuse to bring the Goods into conformity with the Agreement.

7.4 Complaints regarding the non-conformity of the Goods with the Agreement should be submitted to the address: help@jagg.pl or in the store. The complaint form is available in the Shipping and Returns tab.

7.5 Jagg carries out repairs or replacements in a reasonable time from the moment Jagg is informed by the Consumer about the lack of conformity with the Agreement, and without excessive inconvenience to the Consumer, taking into account the specifics of the Goods and the purpose for which the Consumer acquired them. The costs of repair or replacement, including in particular the costs of postage, transport, labor, and materials, are borne by Jagg.

7.6 The Consumer provides Jagg with the Goods subject to repair or replacement. Jagg will collect the Goods from the Consumer at its own expense.

7.7 The Consumer is not obliged to pay for the ordinary use of the Goods that have subsequently been replaced.

7.8 If the Goods are non-conforming to the Agreement, the Consumer may submit a statement on price reduction or withdrawal from the Agreement when:

7.8.1 Jagg refuses to bring the Goods into conformity with the Agreement in accordance with clause 7.3. above;

7.8.2 Jagg fails to bring the Goods into conformity with the Agreement in accordance with clauses 7.5.-7.6. above;

7.8.3 The lack of conformity of the Goods with the Agreement persists despite Jagg's attempts to bring the Goods into conformity with the Agreement;

7.8.4 The lack of conformity of the Goods with the Agreement is so significant that it justifies a price reduction or withdrawal from the Agreement without prior use of the remedies specified in clauses 7.2.-7.7.;

7.8.5 It is evident from Jagg's statement or circumstances that Jagg will not bring the Goods into conformity with the Agreement within a reasonable time or without excessive inconvenience to the Consumer;

7.9 The reduced price must remain in such proportion to the price resulting from the Agreement that the value of the non-conforming Goods remains to the value of the conforming Goods;

7.10 Jagg reimburses the amounts due to the Consumer as a result of price reduction promptly, no later than within 14 days from the date of receipt of the Consumer's statement on price reduction;

7.11. Jagg will notify the Consumer of the consideration of the complaint and its outcome in a message sent to the email address provided by the Customer in the complaint form. Jagg will respond to the Consumer's request within 14 days.

7.12 The Consumer cannot withdraw from the Agreement if the lack of conformity of the Goods with the Agreement is insignificant. It is presumed that the lack of conformity of the Goods with the Agreement is significant.

7.13 If the lack of conformity with the Agreement concerns only certain Goods delivered under the Agreement, the Consumer may withdraw from the Agreement only with respect to those Goods, as well as with respect to other Goods purchased by the Consumer along with the Goods non-conforming to the Agreement if it cannot be reasonably expected that the Consumer would agree to keep only the Goods conforming to the Agreement.

7.14. In the event of withdrawal from the Agreement, the Consumer promptly returns the Goods to Jagg at its own expense. Jagg refunds the selling price to the Consumer promptly, no later than within 14 days from the date of receipt of the Goods or evidence of their return.

7.15. Jagg refunds the price using the same method of payment that the Consumer used unless the Consumer expressly agrees to another method of refund that does not involve any costs for them;

7.16 The following do not constitute non-conformity of the Goods with the Agreement:

7.16.1 mechanical damage (e.g., dents, scratches, deformations, fractures) arising from causes beyond Jagg's control;

7.16.2 discoloration and damage resulting from improper use or maintenance, understood as use or maintenance inconsistent with the instructions described in the Care tab.

7.16.3 natural wear and tear of the Goods (e.g., gold plating wear, darkening) as a result of use according to their purpose (especially gold-plated, plated, or satin jewelry) i.e., as described in the Care tab.

7.17 The above rights belong only to Consumers. The parties (Customer who is not a Consumer and Jagg) exclude liability for defects between themselves. In relation to Customers who are entrepreneurs, the Seller is liable for defects of the Goods on the terms specified in the Civil Code.

7.18 The complaint procedure applies accordingly to services provided electronically by Jagg. A complaint about services provided electronically can also be submitted to the email address: help@jagg.pl

8. RETURNS

8.1 The consumer who has entered into a distance contract with Jagg may withdraw from it without giving any reason by submitting a relevant written statement within 14 (fourteen) days from the day: (a) for Sales Agreement – from the day the Goods are taken into possession by the Consumer or by a third party designated by them, other than the carrier; (b) for other agreements – from the day of conclusion of the contract.

8.2 If the Consumer has submitted a statement of withdrawal from the contract before Jagg accepted their offer, the offer ceases to be binding.

8.3 To meet this deadline, it is sufficient to send the statement before its expiration to the address: help@jagg.pl, including using the withdrawal form available in the Shipping and Returns tab.

8.4 In the event of withdrawal from the contract, the Service Provider shall refund to the Consumer all payments received, including the costs of delivering the goods (except for additional costs resulting from the Consumer's choice of a delivery method other than the cheapest ordinary method of delivery offered by the Store), without undue delay, and in any case no later than 14 (fourteen) days from the day Jagg was informed of the decision to exercise the right of withdrawal from this Agreement. Jagg may withhold the reimbursement of payments received from the Consumer until the goods are returned or until the Consumer provides proof of their return, whichever occurs first.

8.5 The Consumer is obliged to return the Goods immediately, but no later than 14 (fourteen) days from the day they withdrew from the contract. To meet the deadline, it is sufficient to return the Goods before its expiration.

8.6 The Consumer is responsible for any decrease in the value of the Goods resulting from using them in a way that goes beyond necessary to establish the nature, characteristics, and functioning of the Goods.

8.7 The right of withdrawal from the contract does not apply to the Consumer in relation to contracts specified in Article 38 of the Act of 30 May 2014 on consumer rights, in particular to contracts where the subject of the service is a non-prefabricated item, made to the Consumer's specifications or serving to satisfy their individual needs. This applies in particular to personalized Goods, e.g., by changing the size, engraving.

8.8 The Consumer bears the direct costs of returning the Goods to Jagg in the event of withdrawal from a distance contract.

9. NEWSLETTER

9.1. The rules for receiving and resigning from the Newsletter service have been defined in the Newsletter Regulations, which can be found in Privacy Policy tab.

10. CHANGE OF TERMS AND CONDITIONS

10.1 Jagg may amend these Terms and Conditions for valid legal reasons (changes in the applicable laws concerning the Service Provider's activities or the form of the Service Provider's activities) or technical reasons (modernization of the Store's infrastructure, changes in the way the Store operates).

10.2 Registered Customers will be notified of the change in the Terms and Conditions along with the reason for such change in an email sent 15 (fifteen) days before the new version of the Terms and Conditions comes into effect. Unregistered Customers will be informed of this notification in a message displayed on the Store's homepage for 15 (fifteen) days before the new Terms and Conditions come into effect. During this time, the Customer must again accept or refuse to accept the Terms and Conditions.

10.3 Orders placed before the changes to the Terms and Conditions come into effect will be processed in accordance with the previous version of the Terms and Conditions.

11. SPECIFIC PROVISIONS

11.1 In the case of Customers who are not Consumers, the following specific provisions apply: (a) Jagg is not liable for damages caused to the Customer due to negligence, and Jagg's liability is limited to the losses actually incurred by the Customer; (b) Jagg is not liable for lost profits, (c) only Polish law applies to rights and obligations arising from the Terms and Conditions, (d) disputes between Jagg and a Customer are subject exclusively to the court competent due to Jagg's registered office; (d) in the event of a change in the Terms and Conditions, if the Customer does not terminate the agreements by the time the amended version comes into effect, it is assumed that the Customer has accepted the new Terms and Conditions without reservation.

11.2 Jagg has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 (fourteen) calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case can occur without giving a reason.

12. FINAL PROVISIONS

12.1 Customer obligations arising from the Sales Agreement are fulfilled upon payment for the Goods and their delivery and acceptance, made in accordance with the Order.

12.2 All materials, including graphic elements, the composition of these elements, trademarks, and others, available in the Store, are subject to exclusive rights, in particular, they are subject to copyright protection and industrial property rights. The use of materials made available in the Store in any form requires Jagg's consent each time.

12.3 The Consumer has the possibility to use alternative dispute resolution (ADR) methods other than judicial proceedings, in particular through mediation, conciliation, or within the framework of arbitration (alternative dispute resolution). The list of institutions to which the Consumer can apply for dispute resolution within ADR is available at this link: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/national-out-of-court-bodies/index_en.html

12.4 The Consumer may also use out-of-court complaint and claim handling methods by submitting their complaint through the European Union's online ODR platform, available at: http://ec.europa.eu/consumers/odr/

12.5 If the Consumer Customer does not wish to use ADR or ODR, any disputes arising under the Terms and Conditions or Sales Agreements will be settled by the ordinary court, determining the jurisdiction should be guided by the rules specified in the relevant legal act applicable to the Consumer Customer.

12.6 The Privacy Policy located in the Privacy Policy section complements these Terms and Conditions.