Terms and conditions
The agreement between the Buyer and the Seller may be concluded in two ways. Before placing an order, the Buyer has the right to negotiate all the provisions of the agreement with the Seller, including those amending the provisions of the following regulations. Negotiations should be conducted in writing and sent to the Seller's address (JMC Sp. z o. o. Olszewskiego 3A, 51-642 Wrocław). In case of Client’s resignation from the possibility of concluding an agreement by way of individual negotiations, the following regulations and relevant provisions of law shall be applied.
1. 1 ADRES - name and surname or name of institution, location in a town (in the case of a town divided into streets: street, building number, number of apartment or premises; in the case of an undivided town: name of the town and number of property), postal code and town.
1. 2 COMPLAINT ADDRESS:
JMC Sp. z o. o.
ul. Ostrowskiego 9
1. 3 DELIVERY PRICE LIST - a list of available delivery types and their costs can be found at https://www. siberica. com. pl/pl/content/12-koszty-dostawy
1.4 CONTACT DETAILS:
JMC Sp. z o. o.
ul. Olszewskiego 3A
telephone: 514 90 90 87, 882 87 55 05
1.5 DELIVERY – type of transport service, specifying the carrier and the cost are specified in the delivery price list available at https://www. siberica. com. pl/pl/content/12-koszty-dostawy
1. 6 PRODUCT CARD - a single subpage of a shop containing information about a single product.
1.7 CIVIL CODE - the Civil Code of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1. 8 HAMPER - a list of products prepared from the products offered in the shop on the basis of the Buyer's choice.
1.9 BUYER - both the consumer and the customer.
1. 10 PLACE OF DELIVERY - postal address or delivery point indicated in the order by Buyer.
1.11 MOMENT OF DELIVERY –the moment, when the Buyer or a person indicated by him to collect the goods takes them to possession.
1. 12 ODR Web Platform - an EU website based on Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, available at https://webgate. ec. europa. eu/odr
1. 13 PAYMENTS - method of payment for the subject of the contract and delivery mentioned at https://www. siberica. com. pl/pl/content/5-platnosc .
1. 14 PRODUCT - a movable item available in the Online Shop, subject to the Sales Agreement between the Customer and the Seller.
1.15 SUBJECT OF THE CONTRACT - products and deliveries subject to the contract.
1.16 THING – movable object that can be or is the subject of an agreement.
- 17 SYSTEM - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks by means of a device appropriate for a given type of network, commonly referred to as the Internet.
1.18 DATE OF IMPLEMENTATION - the estimated date is given on the product card, number of hours or working days.
1.19 DEFECT - non-conformity of the sold item with the contract.
1. 20 ELIGIBLE ENTITY - an entity authorised to resolve consumer disputes out of court within the meaning of the Act on Extrajudicial Resolution of Consumer Disputes of 23 September 2016, as amended.
1. 21 OCCP Register - a register of authorized entities kept by the Office of Competition and Consumer Protection on the basis of the Act on Extrajudicial Resolution of Consumer Disputes of 23 September 2016, as amended, available at: https://uokik. gov. pl/rejestr_podmiot_rawrawnionych. php
2. 1 The online shop is available at siberica. com. pl, through which the Buyer can place an order. The shop is run by the company:
JMC Sp. z o. o.
Olszewskiego 3A Street
NIP: 8982202642, REGON: 022068127
registered and visible in the National Court Register under the number 0000450048
BANK ACCOUNT: ALIOR BANK 07 2490 0005 0000 4530 2665 7884,
hereinafter referred to as "Seller".
2. 2 The Buyer may be the Consumer as well as the Customer. A consumer is an adult natural person with full legal capacity who makes a purchase from the Seller which is not directly related to his business or professional activity.
The Customer may be an adult natural person having full capacity to perform legal acts, a legal person or an organisational unit not having legal personality but having capacity to perform legal acts, making a purchase at the Seller directly related to its business or professional activity.
2. 3 The Buyer shall in particular be obliged to:
a) not to provide or transmit content prohibited by law, e. g. content that promotes violence, defames or infringes on personal rights or other rights of third parties,
b) use the Online Shop in a manner that does not interfere with its functioning, in particular through the use of specific software or devices,
c) refrain from taking any action, such as sending or placing on the Store unsolicited commercial information (spam),
d) using the Online Shop in a manner that is not burdensome for other Purchasers and the Seller
e) use any content posted within the Online Shop only for their own personal use,
f) use the Online Shop in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Rules and Regulations, as well as with the general rules for use of the Internet.
2. 4 An order is a declaration of the Buyer's will made through the shop, stating unequivocally: the type and quantity of the goods; the type of delivery; the type of payment; the place of delivery of the goods, the Buyer's details and aiming directly at the conclusion of an agreement between the Buyer and the Seller.
2. 5 The Contract is concluded in English, off-premises or at a distance within the meaning of the Act on Consumer Rights of 30 May 2014 in the case of Consumers and the contract of sale within the meaning of Article 535 of the Civil Code of 23 April 1964 in the case of Purchasers.
2. 6 The sale shall take place within the territory of the European Union.
3 Contract conclusion and implementation:
3. 1 The Seller shall be obliged and oblige to provide services and goods free from defects.
3. 2 All prices quoted by the Seller shall be expressed in Polish currency and Euro and shall be gross prices (including VAT). Prices of products do not include the cost of delivery, which is specified in the price list of deliveries.
3. 3 All time limits shall be calculated in accordance with Article 111 of the Civil Code, i. e. a time limit expressed in days shall end with the expiry of the last day, and where a time limit expressed in days is to be calculated from the moment when an event occurs, it shall not be taken into account when calculating the time limit of the day on which that event occurs.
3. 4 The Seller shall provide the Buyer using the system with the correctness of operation of the shop in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the installed latest versions of JAVA and FLASH, on screens with horizontal resolution above 1024 px. Using third party software that affects the functioning and functionality of the following browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the shop, therefore in order to obtain the full functionality of siberica. com. pl, it is necessary to disable all of them.
3. 5 The Buyer may use the option of storing his data by the Store in order to facilitate the process of placing another order. For this purpose, the Buyer shall provide the login and password necessary to gain access to his account. Login and password are a sequence of signs determined by the Buyer, who is obliged to keep them secret and protect them against unauthorized access by third parties. The buyer has at any time the possibility to view, correct, update data and delete the account in the store.
3. 6 The agreement with the Buyer shall be concluded at the moment of placing an order, of which the Seller shall inform the Buyer within 48 hours of placing an order. Orders can be placed 24 hours a day. To place an order, the Buyer should perform at least the following activities, some of which may be repeated many times:
a) addition of a product to the hamper;
b) choice of a type of delivery;
c) choice of a type of payment;
d) choice of a place of delivery;
placing an order by using the "I confirm the order" button for payment by bank transfer or the "Confirm" button for payment Przelewy24.
3. 7 The Buyer's order payable on delivery shall be executed immediately, and the order payable by bank transfer or via an electronic payment system shall be executed after the Buyer's payment has been credited to the Seller's account, which shall take place within 30 days of the order being placed, unless the Buyer was unable to perform due to his fault, and the Buyer has informed the Seller thereof.
3. 8 The purchased object of the contract shall be sent by the delivery method chosen by the Buyer to the place of delivery of the goods specified by the Buyer in the order.
4 Withdrawal from the contract:
4. 1 Under Article 27 of the Consumer Law, the consumer has the right to withdraw from a distance contract without giving any reason or incurring any costs, except for the costs specified in Article 33, Article 34 of the Consumer Law.
4. 2 The period of withdrawal from the distance contract shall be 14 days from the date of delivery of the goods, and to meet the deadline it shall be sufficient to send a statement before its expiry.
4. 3 The consumer may make a declaration of withdrawal on a form or in another form in accordance with the Consumer Law.
4. 4 The Seller shall confirm to the Consumer by e-mail (given at the time of conclusion of the contract and different if specified in the submitted statement) receipt of the notice of withdrawal.
4. 5 In the event of withdrawal from the contract, the contract shall be deemed not to have been concluded.
4. 6 The consumer is obliged to return the goods to the seller immediately, but not later than 14 days from the day on which he withdrew from the contract. In order to meet the deadline, it is sufficient to send the goods back before the deadline expires.
4. 7 The consumer shall send back the goods which are the subject of the contract of withdrawal at his own expense.
4. 8 The consumer shall be liable for any diminished value of the goods subject to the contract resulting from their use beyond what is necessary to establish the nature, characteristics and functioning of the goods.
4. 9 The Seller shall immediately, not later than 14 days from the date of receipt of the notice of withdrawal from the contract by the Consumer, reimburse to the Consumer all payments made by the Consumer, including the costs of delivering the goods, and if the Consumer has chosen a method of delivery other than the cheapest usual method of delivery offered by the Seller, the Seller shall not reimburse the Consumer for the additional costs in accordance with Article 33 of the Consumer Law.
4. 10The seller shall reimburse the payment by the same means of payment as the consumer, unless the consumer has expressly agreed to a different means of payment which does not entail any cost for him.
4.11 The seller may withhold reimbursement of the payment received from the consumer until he has received the goods back or the consumer has supplied evidence of having sent them back, whichever is the earlier.
4. 12 According to Article 38 of the Consumer Law, the consumer is not entitled to withdraw from the contract:
- in which the subject of the benefit is an unprocessed item, produced according to the consumer's specification or intended to satisfy his individual needs;
- where the subject of the service is an item which is liable to deteriorate rapidly or which has a short expiry date;
- in which the object of the service is to be supplied in sealed packaging which, when opened, cannot be returned for health or hygiene reasons if it has been opened after delivery;
- in which the object of the performance are goods which, after delivery, by their nature are inseparably connected with other goods.
5. 1 The Seller, pursuant to Article 558 §1 of the Civil Code, completely excludes liability towards the Clients for physical and legal defects (warranty).
5. 2 The Seller shall be liable towards the Consumer in accordance with the principles set out in Article 556 of the Civil Code and subsequent articles for defects (warranty).
5. 3 If the sold item has a defect, the consumer may:
- make a statement requesting a reduction in the price;
- submit a declaration of withdrawal;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free item or removes the defect. However, if the item has already been replaced or repaired by the Seller or if the Seller has not fulfilled its obligation to replace the item with one free from defects or to remove the defect, it shall not be entitled to replace the item or to remove the defect.
5. 4 The consumer may, instead of the defect rectification proposed by the seller, require the replacement of the goods by a defect-free item or, instead of the replacement of the goods, require the defect to be rectified, unless it is impossible to bring the goods into conformity with the contract in the manner chosen by the consumer or would require excessive costs compared with the manner proposed by the seller, whereby the value of the defect-free item, the nature and significance of the defect found and the disadvantages to which the consumer would otherwise be exposed shall be taken into account when assessing the excessive costs.
5. 5 The consumer may not withdraw from the contract if the defect is negligible.
5. 6 The seller may refuse to satisfy a consumer's request if it is impossible to bring the defective item into conformity in the manner chosen by the buyer or if it would require excessive costs in comparison with the other possible means of bringing it into conformity.
5. 7 The consumer, who exercises the rights under the warranty, is obliged to deliver the defective product to the Seller at his own expense to the complaint address together with the complaint form. In the event of a justified return under the warranty, the Seller shall reimburse the Consumer for the cost of delivery of the defective goods.
5. 8 The Seller shall be obliged to accept the defective item from the Consumer in the event of replacement of the item with one free from defects or withdrawal from the contract.
5. 9 Within fourteen days, the Seller shall respond to the following statements based on Article 5615 of the Civil Code: to demand a reduction in the price, to demand the replacement of the goods with goods free from defects, to demand the removal of the defect. The Seller shall within thirty days (Article 7a of the Consumer Law) respond to any other statement of the Consumer which is not covered by the fourteen-day period specified in the Civil Code; otherwise, the Seller shall be deemed to have accepted the statement or demand as justified Consumer.
6 Final provisions:
6. 1 Nothing in these Terms and Conditions excludes, restricts or shall be construed in any way to exclude or limit the rights of consumers under applicable law.
6. 2 The current version of the terms and conditions is always available to the Buyer under the terms and conditions tab (https://www. siberica. com. pl/pl/content/3-regulamin-sklepu).
6. 3 In matters not regulated by these regulations, the relevant legal regulations in force shall apply. Disputes, if the Consumer expresses such a will, are resolved by means of mediation proceedings before the Provincial Inspectorates of the Trade Inspection or before the arbitration court of the Provincial Inspectorate of the Trade Inspection. Consumers may also use equivalent and lawful methods of pre-judicial or extra-judicial dispute resolution, e. g. via the EU ODR Internet platform or by selecting any eligible entity from the UOKiK register. The Seller declares its intention and consent to an out-of-court settlement of the consumer dispute.
The final decision in the case is made by an orchard with territorial and material competence.