Terms and conditions
I. Regulations of I Love Grain Online-Store
1. These regulations which constitute also a regulation within the meaning of the Act of July 18, 2002 on the provision of electronic services (Dz. U. of 2016, pos. 1030, as amended) defines the rules of use of the Online-Store
2. The terms used herein have the following meaning:
a) Seller -shall mean:
JAMINO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in OPOLE, ul. KĘPSKA 8, postal code 45-129, NIP 754-317-28-84, REGON 369535399 using the website name ilovegrain.com
b) Client – shall mean a natural person having at least limited legal capacity and 18 years of age, as well as a legal entity or organization not being a legal person, although having legal capacity and capacity to act granted by special provisions of law ;
c) Consumer – a client, who is a natural person making purchases at the store which are not directly related to his trade or profession within the meaning of Art. 221 of Civil Code
d) Shop – online store run by the Seller under the Internet address www.ilovegrain.com
e) Product or Products – meaning the goods offered by the Seller for retail, available at the Store;
f) Price – meaning the gross price of the Product placed along the information on the Product, excl. costs of delivery of the Product. The prices of products presented in the store are expressed in Polish zloty and include VAT;
g) Supplier – professional postal operator providing on behalf of Seller the Products purchased at the Store;
h) Delivery Costs- meaning the delivery fee for delivering the Product to the customer;
i) Order – Declaration of intent of the Client, aiming directly at conclusion of a sales contract, specifying in particular the nature and amount of the products;
j) Civil Code – Act of April 23, 1964 (Dz. U. No 16 item 93 as amended);
k) Consumer rights act – the Act of May 30, 2014, on the rights of the consumer (Dz. U. of 2014. pos. 827);
3. In matters not regulated herein, subject to provisions 4 and 5 below, Polish law applies and in particular: Civil Code and the Act on Consumer Rights.
4. In matters not regulated herein, in relation to contracts with Clients who are entrepreneurs based outside the Republic of Poland, only relevant provisions of the law being valid in the Republic of Poland apply.
5. In matters not regulated by these terms and conditions, in relation to contracts concluded with customers who are Consumers having their habitual residence outside the Republic of Poland, only relevant provisions of the law being valid in the Republic of Poland apply; however, Consumers may benefit from the protection granted to them by provisions of laws being in force in the territory of the Member State in which they have their habitual residence, if the contractual exclusion of such provisions is not possible.
II. Registration and ordering
1. Customers eligible for ordering Products at the Store are Customers who have the status of a registered user, and those who are not registered.
2. The information provided on the website does not constitute an offer within the meaning of the provisions of the civil code. They constitute an invitation for the Customers to submit offers.
3. The availability of Products is updated Monday to Friday excluding public holidays.
4. The status of an unregistered Store user, i.e. Customers making purchases without registration and login procedures: an essential part of the order procedure is to familiarize with this Regulation and acceptance hereof by the Customer, which shall be confirmed by ticking the appropriate box before placing the order. Failure to accept these terms in the course of the ordering procedure prevents taking advantage of purchase at the Store.
5. The Customer acquires the Status of a registered Store user after having correctly filled out the registration form provided on the Store’s website and activated the account by entering the link sent in the confirmation Email. The registration activities are performed only once. With each subsequent Order, the Customer uses the previously established login and password. When using the login and password as established, the Customer has the possibility to update data provided at registration. Login and password are confidential.
6. The Customer with the status of a registered Store user places an order after having logged in and by adding the Product presented in the Store to the shopping cart; then confirming the ordered Products by selecting the button “Order”
7. The Customer who is not an registered Store user places an order by adding the Product presented in the Store to the shopping cart; then confirming the ordered Products by selecting the button “Order” and filling out the order form providing such data that are necessary for realization, in accordance with the procedure set out on the website of the Store.
8. In the course of the ordering procedure until pressing the button “Order”, the Customer has the possibility to modify the order, in particular in terms of product selection, place of delivery of the product, payment method, data provided to fulfill the order. By pressing the button “Order” the Customer finalizes the transaction.
9. The total value of the order includes the price of the Product and the cost of its delivery. Information on the total value of the order is provided on the Store’s website when placing the order, including prior approval and direct submission of order by the Customer. These are the total costs that the Customer is obliged to pay.
10. Orders can be placed 24 hours a day, each day of the week. The Seller reserves the right to temporarily suspend the Store’s operation due to maintenance or necessity to upgrade data.
11. Upon receipt of the order by the Seller, an automatic message confirming the receipt of the order by the Seller will be sent in each case to the Email address provided by the Customer. This message is sent automatically and confirms that the order has been received by the Seller
12. The information referred to in article 12 par. 1 of the Act on the rights of the consumer will be sent to the Customer to the email specified when placing the order in an email confirming the Customer’s Order and its content.
13. When ordering, the Customer may also request to receive a VAT invoice and provide additionally data necessary to issue the invoice.
III. Realization of order
1. The placed order is verified by the Seller. The Seller accepts the order for realization upon receipt of the full payment i.e. the Price of the Product and the cost of delivery indicated in the order.
2. If the order is placed consistently with these terms and conditions, the Customer receives an email message confirming the acceptance of the order. As soon as the Customer receives the confirmation email stating the acceptance of the order, the sales contract between the Customer and the Seller is deemed to be concluded.
3. The preparation of individual Products as for example cushion sewn to size requires prior arrangements and approval of ilovegrain.com; they are also subject to a separate valuation.
4. The seller has the right to refuse an Order if:
a) The data provided by the Customer are false;
b) The order has not been paid within 7 days from the day of conclusion of the sales contract between the Customer and the Seller.
5. The product covered by the Order is delivered to the Customer by the Seller along with a document evidencing the conclusion of the sales contract.
6. In case if the selected Product is not available at the warehouse or the realization of Customer’s order is impossible for other reasons, the Customer will be informed via email or telephone in order to take a decision on further realization of the order.
7. The rules of the sales contract are defined by these regulations, the applicable law and individual arrangements between the Seller and the Customer.
IV . Terms of payment
1. For the realization of the sales contract the Customer is obliged to pay the Price for the Products as indicated in the order and the cost of delivery of the Products.
a) bank transfer (prepayment): the amount of the order will be transferred to the bank account of the Store as specified in the Email confirming the order, the bank account of the JAMINO LTD. BIC/SWIFT BREXPLPWMBK
USD: PL93 1140 2004 0000 3712 0698 8358
EUR: PL98 1140 2004 0000 3512 0698 8366
GBP: PL06 1140 2004 0000 3312 0698 8374
b) Online payment via PayPal online payments or Przelewy24.
2. The payment principles via PayPal and the complaint procedure are available at: www.paypal.com. The use of the online payment system requires prior acceptance by the Customer of the terms and conditions of these services.
3. The payment principle via Przelewy24 and the complaint procedure are available at: www.przelewy24.pl/kontakt/reklamacja. The use of the online payment system requires prior acceptance by the Customer of the terms and conditions of these services.
4. The store does not sell and dispatch by cash on delivery.
5. The customer acknowledges and accepts that using sharp tools may damage the product. Cutting the product by the customer will result in the loss of warranty and the possibility of complaint.
V. Delivery of the ordered Product
1. The product is sent to the address indicated in the registration form. The Store will inform the customer immediately via email or phone about an improperly filled form, which makes it impossible to ship or could delay the shipment.
2. The Product consignments are delivered by the Seller via courier services. There is a possibility to pick up the package at the headquarters of the Seller upon prior arrangement of the term of receipt via email or phone.
3. The Seller takes all the necessary steps to deliver the Products as soon as possible. The shipment of products that are available at the warehouse is carried out within 2-5 business days after:
a) in case of online payments via Przelewy24 – when the Customer receives an automatic email confirming the accepted payment. In finalizing the order, the Customer is redirected to the Przelewy24website, where he can chose between the payment by credit card or by bank transfer
b) booking of payment on the Seller’s account, if payment by bank transfer had been selected.
4. The contract realization period does not include any Saturdays and public holidays.
VI. The return of the purchased product
1. A Customer , being a Consumer, has the right to return the purchased Product without stating any reasons and no charges by submitting a statement of withdrawal from the sales contract in accordance with article 27 law on consumer rights.
2. The customer may exercise this right within 14 days of receipt of the Product. To keep the deadline, it is sufficient to mail the statement of withdrawal before its expiry.
3. The notice of the right to withdraw from the contract containing, in particular, information about the way and term of the exercise of right to withdraw from the contract as well as the cost of returning the goods in case of withdrawal from the contract, which shall be borne by the Consumer, is given in Appendix 1 to this Regulation.
4. In case of withdrawal from the contract for the sale of products, the Customer is obliged to immediately return the Product to the Seller, however not later than within 14 days from the submission of the statement of withdrawal from the contract for the sale of products in accordance with the procedure posted on the Store’s website ilovegrain.com.
5. The Seller reimburses the Customer the Price for the returned Product within 14 days, counting from the date of notification of the statement to withdraw from the contract for the sale of products.
6. The seller may withhold from the reimbursement of payments received from the Customer until reception of the returned Products or submission by the Customer of a proof of posting the returned Products, depending on which event comes first. The reimbursement is made depending on the payment method selected by the Customer, via postal order or on the bank account specified by the Customer.
7. In case of withdrawal from a distance contract, the contract is deemed null and void. The services rendered by the parties are returned in an unchanged form, unless the change was necessary within the framework of ordinary handling then the direct cost of returning the Product shall be borne by the Customer.
8. The withdrawal from the contract for the sale of products can be done by filling out the form of withdrawal from the contract of the sale of products available on the Store’s website ilovegrain.com.
9. Pursuant to the Act, products made to order, including those with embroidery, cannot be exchanged and / or returned.
10. Hulls in the pillows are not refundable or subject to complaint
1. The Seller is obliged to deliver the Products to the Customer without physical and legal defects. If the sold Product shows physical defects or is in any other manner inconsistent with the agreement, the Customer has the right to file a claim.
2. The basis and scope of Seller’s liability in relation to the Customer, if the sold Product shows a physical or legal defect or is otherwise inconsistent with the contract (warranty) is stipulated in the generally applicable provisions of law, in particular the Civil Code.
3. Complaints concerning defects of Products should be submitted in writing to the following address:
JAMINO 45-129 Opole ul. Kępska 8, or electronically to the email address email@example.com
4. The complaint should include:
a) Name and Forename of the Customer;
b) Mailing address or email address of the Customer;
c) proof of purchase of the product;
d) complaint, with an indication of the tasks of the Customer;
e) any circumstances justifying the complaint. If the complaint data or information require supplementation, before considering the complaint the Seller returns it to the complaining Customer for supplementation in that respect.
5. The seller resolves the complaints not later than within 14 days from the date of its receipt in correct form.
6. The shipping costs for the returned Product shall be borne by the Seller, however they should not exceed the cost of a normal courier.
7. Pursuant to the Act, products made for a special order, including those with embroidery, cannot be exchanged and / or returned.
VIII. Contact data of the Seller
In all matters related to the realization of transactions at the online Store, the Customer can contact the Seller at:JAMINO 45-129 Opole, ul. Kępska 8 or by phone at + 48 792 007 399 or via email address: firstname.lastname@example.org
IX. Final provisions
1. In matters not regulated by these terms and conditions, the provisions of the Civil Code, the law on consumer rights, and other applicable laws shall apply.
2. The provisions of this Regulation do not infringe the consumer rights in respect of non-compliance of the goods with the contract. The terms and conditions shall be interpreted in such a way as to assure their compliance with applicable laws.
3. In any matters not regulated by these terms and conditions, the applicable provisions of the Civil Code and other laws and in relation to Consumers also the Act on the rights of the consumer shall apply.
4. The present terms and conditions shall enter into force as of March 1, 2017 and applies to contracts concluded from that date.