TERMS AND CONDITIONS

OF THE JoKaPRO SKIN ONLINE STORE

version effective from 16 May 2025

These Terms and Conditions of the JoKaPRO SKIN ONLINE STORE set out the rules under which the Seller and Customers enter into distance sales contracts for goods by means of electronic communication through the Store, as well as the rules for the provision by JoKaPRO of electronic services related to the operation of the Store (Article 8 of the Act of 18 July 2002 on the provision of electronic services).

§ 1

DEFINITIONS AND CONTACT DETAILS

JoKaPRO – Joanna Kajstura, conducting business activity under the business name JoKaPRO Joanna Kajstura, correspondence address: ul. Pełni Księżyca 12, 05-506 Władysławów, NIP: 6381483109, REGON: 072929702

Customer – a person making purchases via the Store and/or for whom the Services are provided

Civil Code – the Act of 23 April 1964, the Civil Code

Consumer – a natural person performing a legal act with an entrepreneur which is not directly related to their business or professional activity, as referred to in Article 22(1) of the Civil Code

Customer Account – an individual panel for each Customer, activated for them by the Seller after the Customer has completed registration

Buyer – a Customer making purchases via the Store

Newsletter – information in the form of an email sent periodically by JoKaPRO via electronic mail to the email address provided by the Customer, containing JoKaPRO commercial information, in particular regarding the JoKaPRO offer, new products, promotions, and competitions

Privacy Policy – a document containing the rules for the processing of personal data applicable at JoKaPRO, in particular with regard to the Store and the provision of Services

Order Confirmation – an email sent to the Buyer by the Seller after an Order has been placed, in which the Seller confirms the Order

Product – a product presented in the Store

Account Maintenance – a service provided by the Service Provider consisting in maintaining and operating the Customer Account

Data Storage – a service provided by the Service Provider consisting in storing Customer data provided during Customer Account registration, including any later modifications, and data concerning placed Orders, on servers dedicated to the Seller

Entrepreneur – a natural person, legal person, or organizational unit without legal personality to which specific provisions grant legal capacity, conducting business or professional activity in their own name, as referred to in Article 43(1) of the Civil Code

Terms and Conditions – these Terms and Conditions

Store – the website available at https://jokaproskin.pl, through which the Customer may in particular place Orders, operated by the Seller

Seller – JoKaPRO

ICT System – a set of cooperating IT devices and software ensuring the processing, storage, sending, and receiving of data through telecommunications networks using an end device appropriate for a given type of network

Digital Environment – computer hardware, software, and network connections used by the Customer to access or use digital content or a digital service

Sales Agreement – an agreement for the sale of Products within the meaning of the Civil Code, concluded using the Store between the Seller and the Buyer

Service Agreements – agreements for the provision of electronic services (Account Maintenance, Data Storage, Newsletter service) concluded remotely under the rules set out in these Terms and Conditions between the Customer and the Service Provider

Services – collectively: the Account Maintenance service, Data Storage service, and Newsletter service

Service Provider – JoKaPRO

Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights

Act on the Provision of Electronic Services – the Act of 18 July 2002 on the Provision of Electronic Services

Order – the Customer’s declaration of intent aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Products ordered

JoKaPRO CONTACT DETAILS:

registered office address: ul. Gminna 43, 05-506 Lesznowola
correspondence address regarding the Store: ul. Grabiszyńska 163/603, 53-424 Wrocław
email address: kontakt@jokaproskin.pl
website: www.jokaproskin.pl
phone number: +48 730 952 543

§ 2

INFORMATION ABOUT THE STORE, TERMS OF USE OF THE STORE, AND RISKS

The Seller sells Products via the Store within the territory of Poland and the European Union, i.e. processes Orders with delivery locations in Poland and the European Union.

Only a person with full legal capacity may be a Customer.

Announcements, advertisements, price lists, and other information posted on the Store’s website do not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude an agreement (Article 71 of the Civil Code).

Use of the Store requires all of the following technical conditions to be met:

• possession of a device enabling connection to the Internet,
• an active Internet connection on the device referred to above,
• possession of an active and properly configured email account,
• an installed web browser (Mozilla Firefox, Google Chrome, Opera, Microsoft Edge, Safari, etc.),
• JavaScript enabled.

The technical conditions for using the Store are relevant for its proper functioning, display method, and the security of transmitted data.

Specific risks associated with using the Store include the possibility of unauthorized persons gaining access to data transmitted via the network or stored on devices connected to the network, and interfering with such data, which may result in particular in their loss, unauthorized modification, or the inability to use the Store.

JoKaPRO may introduce into the Customer’s ICT System additional software or data that do not form part of the services provided by JoKaPRO; in particular, it may use cookies or similar technologies other than those strictly necessary, provided that the Customer has given prior consent in the manner described in the Privacy Policy.

The Customer should install operating system updates in accordance with the recommendations of the device manufacturer and the operating system manufacturer. Failure to update the operating system may reduce the security level of using the Store.

In connection with using the Store, the Customer is obliged to:

• not provide or transmit content prohibited by law, e.g. content promoting violence, defamatory content, or content infringing personal rights and other rights of third parties,
• use the Store in a manner that does not disrupt its operation,
• refrain from actions such as sending or posting unsolicited commercial information (spam) via the Store,
• use the Store in a manner that is not burdensome to other customers or the Seller,
• use all content and materials made available within the Store with respect for copyright and other intellectual property rights,
• use the Store in accordance with the laws in force in the Republic of Poland, these Terms and Conditions, and general principles of Internet use.

§ 3

PARTIES TO THE SALES AGREEMENT

The party making purchases in the Store is the Buyer. A Buyer who is a natural person shall be deemed an Entrepreneur if, when placing the Order, they provide details of their business activity, in particular NIP, business name, and business address.

The party making sales through the Store is the Seller.

The Store conducts sales both to Entrepreneurs and Consumers.

In connection with the conclusion of the Sales Agreement, the Seller is obliged in particular to deliver the Products ordered by the Buyer and transfer ownership thereof to the Buyer, and the Buyer is obliged to pay the price and accept the Products.

§ 4

PRODUCTS AND PRICES

Product photos are illustrative only and in some cases may differ slightly from the actual appearance of the Product. However, this does not affect the Product characteristics described in the Store.

All prices presented in the Store are stated in Polish zloty (PLN).

The prices stated in the Store are gross prices, i.e. they include all applicable taxes.

The Seller reserves the right to change the prices of Products presented in the Store, introduce new Products for sale, and withdraw Products from the Store, provided that such changes do not affect the rights of persons who placed an Order before such changes were made.

The price of a Product does not include delivery costs. Delivery costs depend on the delivery method chosen by the Buyer, as well as the value and size of the Order, and are indicated when selecting the Product delivery method. The total cost of the Order (i.e. the price of the Products together with delivery costs and any other costs) is indicated in the shopping cart before the Order is placed.

The Seller is entitled to grant Customers discounts, price reductions, or other price-related preferences at its own discretion, in particular as part of a promotional campaign. The Customer has no right to demand discounts, reductions, or other preferences that do not result from a promotional campaign.

Whenever informing about a price reduction of a Product, the Seller shall, in addition to the reduced price, also provide information about the lowest price of that Product that was in force during the 30 days preceding the introduction of the reduction. If the Product has been offered for sale for less than 30 days, the Seller shall also provide information about the lowest price of that Product that was in force from the date it was first offered for sale until the date of the price reduction.

§ 5

PLACING ORDERS, CONCLUSION OF THE SALES AGREEMENT, PAYMENTS

Orders are placed using the shopping cart and may be submitted 24 hours a day, 7 days a week, except during any technical interruptions indicated in a notice posted on the Store’s website. Placing an Order consists of taking subsequent steps based on the messages displayed to the Customer and the information available on the Store’s website.

Placing an Order using the shopping cart is possible both without registering a Customer Account and, after registration and login, by using the Customer Account.

The Customer may place an Order without registering a Customer Account. In that case, when placing the Order, the Customer provides the data necessary for shipping and the data required for issuing a VAT invoice (in the case of an Entrepreneur or if a Consumer wishes to receive a VAT invoice). If the Order is placed without registration, the Customer’s data provided when placing the Order are not stored by the Store for use in future Orders, and the Customer has no access to the history of placed Orders.

Payment for ordered Products is made in the form of 100% prepayment. A list of currently available payment methods is available on the Store’s website.

Payments are made through external entities acting as intermediaries for bank transfers, BLIK, debit card, or credit card payments. The conditions for the performance of these services and the rights and obligations of the Buyer in connection with concluding an agreement with such an entity are governed by the documents applicable to that entity.

If the online payment fails, the Buyer may attempt the payment again. In such case, the Customer will receive an email containing a link enabling another online payment attempt.

The date of payment shall be deemed the date on which the Seller’s account is credited.

Failure by the Customer to make payment within 7 days from the date of placing the Order shall be deemed resignation from the Order and shall result in its cancellation, of which the Buyer shall be informed by email.

Submitting an Order by the Buyer constitutes a declaration of intent to conclude a Sales Agreement with the Seller for the ordered Products, in accordance with these Terms and Conditions and applicable law.

The information provided by the Customer enabling the Order to be processed should be true, complete, current, and accurate. Providing false, outdated, or inaccurate data may make it impossible to process the Order, in which case the Customer will be informed by email.

After the Order is placed, the Seller shall promptly send the Buyer an Order Confirmation or information that the Order cannot be processed. The Sales Agreement is concluded when the Buyer receives the Order Confirmation.

After the Order Confirmation has been sent and the payment has been credited to the Store’s bank account, the Order is forwarded for processing.

A VAT invoice or receipt/fiscal receipt is issued for each Order and delivered to the Buyer together with the ordered Products.

JoKaPRO is entitled to introduce a limit on the maximum quantity of a given Product covered by one Order.

§ 6

ORDER PROCESSING

The order processing time (i.e. order picking, preparation of the ordered Products for shipment, and dispatch of the ordered Products to the Customer) is in principle 3 business days and is counted from the date the payment is credited to the Seller’s account. A different order processing time may be provided in the Store in the description of a given Product. Order processing time is stated in business days, i.e. Monday to Friday excluding public holidays.

The order processing time does not include delivery time, i.e. the time necessary to deliver the ordered Products to the Customer, which depends on the shipping method chosen by the Customer and the carrier’s performance. The Seller posts on the Store’s website information on the number of business days required for delivery, counted from the dispatch date.

An Order containing Products with different processing times is shipped after the entire Order has been completed, i.e. after the longest of the specified processing periods has elapsed.

The Seller shall not be liable for failure to deliver the ordered Products or delays in delivery caused by an incorrect or inaccurate address provided by the Customer.

For reasons beyond the Seller’s control, it may happen (in particular where several Buyers place an Order for the same Product at the same time) that the Product ordered by the Customer is unavailable. In such cases, if it is impossible to process all or part of the Order, the Buyer will be informed by email that it is not possible to process all or part of the Order. If the Customer has already made payment, the amount corresponding to the unfulfilled part of the Order will be refunded immediately. If, for any reason, partial fulfillment of the Order is inconsistent with the Customer’s expectations, the Customer (independently of the withdrawal right referred to in § 12) shall have the right to withdraw from the entire Order by sending an email to kontakt@jokaproskin.pl within 5 business days from the date of receiving information that partial fulfillment of the Order is not possible.

§ 7

DELIVERY

Currently available delivery methods and costs for Products are indicated on the Store’s website.

Unless the Seller states otherwise on the Store’s website or when placing a given Order, the cost of delivery of the Product to the Buyer shall be borne by the Buyer. Information on the costs associated with delivery of the shipment containing the Products to the Buyer will each time be indicated in the shopping cart before the Order is placed.

The ordered Products are delivered to the address indicated in the Order form (if the Order is placed without registering a Customer Account or without logging in) or to the delivery address provided during Customer Account registration (taking into account any later modifications), unless the Buyer provides a different delivery address when placing the Order.

On the day the Products are shipped to the Buyer, information confirming dispatch of the shipment by the Seller is sent to the Customer’s email address.

The Customer should inspect the external condition of the shipment in the presence of the courier, in particular for any damage or shortages. If external damage or shortages are found, a damage report should be drawn up at the time of receipt and in the courier’s presence using the courier company’s official form, and the original document should then be sent immediately to the Store by post or email.

If, after receiving the shipment, the Customer discovers damage or shortages that could not be noticed externally upon receipt, the Customer is obliged to inform the Seller immediately after discovering the damage and request the courier company’s representative to establish the condition of the shipment in a formal report, no later than within 7 days from receipt of the shipment.

Failure to perform the actions described in paragraphs 7 and 8 may, in accordance with applicable law, result in the loss of the right to pursue claims against the carrier for shortages or damage to the shipment.

§ 8

CUSTOMER ACCOUNT MAINTENANCE AND CUSTOMER DATA STORAGE SERVICES

JoKaPRO provides Customers, free of charge, with services strictly related to the operation of the Store and Order handling, namely:

• the Account Maintenance service,
• the Data Storage service.

The services referred to in paragraph 1 are related services and are provided jointly.

The services referred to in paragraph 1 are provided 7 days a week, 24 hours a day, except during any technical interruptions indicated in a notice posted on the Store’s website.

The agreement for the provision of the above Services is concluded between JoKaPRO and the Customer at the moment of Customer Account registration.

The Account Maintenance and Data Storage services are available after Customer Account registration under the rules described in these Terms and Conditions. The Account Maintenance service consists of providing the Customer with a dedicated panel enabling the Customer in particular to modify the data provided during registration, access their data and use them when placing Orders after logging into the Customer Account, as well as access the history of Orders placed in the Store. The Data Storage service consists of storing the data entered by the Customer during Customer Account registration, including any later modifications, and data concerning placed Orders, on a server dedicated to JoKaPRO.

The above services are provided for an indefinite period. The Customer may at any time request JoKaPRO to delete the Customer Account and discontinue the provision of the above services (i.e. terminate the agreements), for example by sending a statement to this effect to kontakt@jokaproskin.pl. In such case, the Customer Account and all Customer data shall be deleted within 14 days from the request.

The Service Provider is entitled to block access to the Customer Account if the Customer acts to the detriment of the Service Provider or other Customers, breaches the law or the provisions of these Terms and Conditions, or if blocking access to the Customer Account is justified for security reasons, in particular due to attempts by the Customer to break the Service Provider’s ICT System security measures or other hacking activities. Blocking access to the Customer Account for the reasons indicated above shall last for the period necessary to resolve the issue constituting the basis for such blocking. The Service Provider shall notify the Customer that access to the Customer Account has been blocked.

§ 9

NEWSLETTER

JoKaPRO may provide Customers, free of charge and by electronic means, with the Newsletter service consisting in sending email messages to the email address provided during Customer Account registration, when placing an Order without Customer Account registration, or when subscribing to the Newsletter. Such messages contain JoKaPRO commercial information, i.e. information about the Store, Products, and other JoKaPRO activities, in particular services offered, competitions, promotions, and new products.

In order to use the Newsletter service, the Customer shall consent to receiving it during Customer Account registration, when placing an Order, or by subscribing to the Newsletter through an icon available in the Store or in the Customer Account.

Subscribing to the Newsletter (giving consent to receive it) is equivalent to consenting to JoKaPRO sending commercial information to the Customer’s specified email address within the meaning of the Act on the Provision of Electronic Services of 18 July 2002, as well as consenting to receiving such information in accordance with Article 398 of the Act of 12 July 2024 – Electronic Communications Law – within the scope of the Newsletter referred to in paragraph 1, which the Customer will confirm when subscribing to the Newsletter.

The Customer will promptly receive an electronic confirmation of subscription to the Newsletter at the provided email address. At that moment, the agreement for the electronic provision of the Newsletter service is concluded.

Each Newsletter contains in particular: information about the sender, a completed “subject” field specifying the content of the message, and information about the possibility and method of unsubscribing from the free Newsletter service.

The Newsletter service is provided for an indefinite period. The Customer may unsubscribe from the Newsletter at any time, in particular via the link included in each email sent as part of the Newsletter service.

§ 10

TECHNICAL CONDITIONS FOR USING THE SERVICES, RISKS

The technical requirements necessary to use the Services are as follows:

• possession of a device enabling connection to the Internet,
• an active Internet connection on the above device,
• possession of an active and properly configured email account,
• an installed web browser (Mozilla Firefox, Google Chrome, Opera, Microsoft Edge, Safari, etc.),
• JavaScript enabled.

Use of the Services by the Customer is conditional upon having an active and properly configured email account.

JoKaPRO may introduce into the Customer’s ICT System additional software or data that do not form part of the services provided by JoKaPRO; in particular, it may use cookies or similar technologies other than those strictly necessary, provided that the Customer has given prior consent in the manner described in the Privacy Policy.

JoKaPRO is not obliged to verify the content transmitted, stored, or made available by the Customer in JoKaPRO’s ICT Systems. If JoKaPRO obtains credible information or official notification about the unlawful nature of such content or related activity, it may remove such content and/or suspend the Customer’s access to the services. In such case, JoKaPRO shall not be liable for the removal of such content or suspension of access to the services on that basis.

JoKaPRO reserves the right to carry out necessary maintenance works on the ICT System, which may temporarily hinder or prevent Customers from using the Services.

In special cases affecting the security or stability of the ICT System, JoKaPRO has the right to temporarily suspend or limit the provision of services, without prior notice, and to carry out maintenance works aimed at restoring the security and stability of the ICT System.

The use of electronically supplied services involves the risk of infection of the ICT System by unwanted software, including software whose sole purpose is to cause damage. To avoid risks associated with unwanted infection of the ICT System, it is recommended to install antivirus software on the computer used by the Customer. It is recommended that the antivirus software be continuously updated immediately after updates become available. In addition, it is recommended that the Customer use a system firewall.

Apart from risks resulting from infection of the ICT System, possible risks also include hacker attacks. JoKaPRO declares that it uses security measures aimed at preventing or significantly hindering unauthorized access to the JoKaPRO system.

§ 11

CUSTOMER ACCOUNT REGISTRATION

Customer Account registration is free of charge and voluntary, and is not necessary to use the Store.

The Customer Account registration procedure consists in completing the dedicated form available on the Store’s website.

After the registration form has been completed and submitted by the prospective Customer, JoKaPRO creates the Customer Account. JoKaPRO then sends an email to the address provided during registration confirming the registration.

§ 12

WITHDRAWAL FROM THE AGREEMENT, NON-CONFORMITY WITH THE AGREEMENT

Subject to paragraph 4, the right to withdraw from a distance Sales Agreement and Service Agreements without stating reasons and without incurring costs is granted to:

• a Customer who is a Consumer, and
• a Customer who is an Entrepreneur being a natural person concluding an agreement directly related to their business activity, where the agreement is not of a professional nature for that Entrepreneur, in particular as resulting from the subject matter of the business activity disclosed under the provisions on the Central Registration and Information on Business.

The right of withdrawal referred to in paragraph 1 may be exercised within 14 days calculated:

• in the case of a Sales Agreement – from the date of delivery to the Customer of all Products covered by the given Order,
• in the case of Service Agreements – from the date those agreements are concluded.

After the expiry of the periods referred to in paragraph 2, the right to withdraw without giving reasons expires.

Pursuant to Article 38(1)(5) of the Consumer Rights Act, the right of withdrawal does not apply to Products delivered in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons if the packaging has been opened after delivery.

In order to exercise the right of withdrawal, the Customer shall submit a statement to JoKaPRO in writing to: ul. Grabiszyńska 163/603, 53-424 Wrocław or by email to: kontakt@jokaproskin.pl

When submitting the statement, the Customer may use the withdrawal form attached as Appendix No. 1 to these Terms and Conditions. The template form also constitutes Appendix No. 2 to the Act of 30 May 2014 on Consumer Rights. Use of the form is not mandatory.

To meet the deadline referred to in paragraph 2, it is sufficient to send the statement of withdrawal before the deadline expires. If the statement of withdrawal is submitted electronically, the Customer will receive prompt confirmation of receipt of the withdrawal statement.

In connection with withdrawal from the Sales Agreement, the Customer is obliged to return the purchased Products to the Seller. The Customer is liable for any reduction in the value of the Products resulting from use beyond what is necessary to establish their nature, characteristics, and functioning.

The return of Products should be made promptly, no later than within 14 days from the date of withdrawal from the agreement. The deadline is met if the item is sent back before its expiry. Returned Products should be sent to: ul. Grabiszyńska 163/603, 53-424 Wrocław.

The direct cost of returning the goods shall be borne by the Customer. The Buyer is asked to use packaging for returned Products that secures the shipment appropriately for its nature, for example against damage during transport.

JoKaPRO shall refund to the Customer all payments made by the Customer, including the cost of delivery of the goods (subject to paragraph 12), using the same payment method used by the Customer, promptly and no later than within 14 days from the date of receipt of the withdrawal statement. However, where the withdrawal concerns a Sales Agreement, JoKaPRO may withhold the refund until it has received the returned Products back or until the Buyer has supplied proof of having sent them back, whichever occurs first. The Customer shall not incur any fees in connection with the refund.

If the Customer chose a method of delivery other than the cheapest ordinary delivery method offered by the Store, the Seller is not obliged to reimburse the additional costs incurred by the Customer.

Withdrawal from the Sales Agreement may concern the entire Order or only some of the ordered Products. If the withdrawal concerns only part of the Order, delivery costs are reimbursed only to the extent causally related to the Products covered by the withdrawal from the Sales Agreement (i.e. in particular where ordering the Products covered by the withdrawal increased delivery costs, the amount equal to those additional costs shall be refunded; if delivery costs for the Order without the Products covered by the withdrawal would have been the same as delivery costs for the Order including those Products, delivery costs shall not be refunded).

If the Account Maintenance and Data Storage services as digital services are not in conformity with the agreement, the Customer may request that they be brought into conformity with the agreement.

The Customer is obliged to cooperate with JoKaPRO, within a reasonable scope and using the least burdensome technical means, in order to determine whether the lack of conformity of the digital service with the agreement within an appropriate time results from characteristics of the Customer’s Digital Environment.

JoKaPRO may refuse to bring the digital service into conformity with the agreement if doing so is impossible or would require excessive costs for JoKaPRO.

JoKaPRO shall bring the digital services into conformity with the agreement within a reasonable time from the moment it is informed by the Customer of the lack of conformity, and without excessive inconvenience to the Customer, taking into account their nature and the purpose for which they are used. The costs of bringing the digital services into conformity with the agreement shall be borne by JoKaPRO.

If the digital services are not in conformity with the agreement, the Customer may submit a statement of withdrawal where:

• bringing the services into conformity is impossible or requires excessive costs as referred to in paragraph 15 above;
• JoKaPRO has failed to bring the digital services into conformity in accordance with paragraph 16 above;
• the lack of conformity of the services with the agreement persists despite JoKaPRO’s attempts to bring them into conformity;
• the lack of conformity of the services with the agreement is so significant that it justifies withdrawal without first using the remedy referred to in paragraph 14 above;
• it clearly results from JoKaPRO’s statement or the circumstances that it will not bring the digital services into conformity within a reasonable time or without excessive inconvenience to the Customer.

The Customer may not withdraw from the agreement if the digital services are supplied in exchange for payment of a price and the lack of conformity is insignificant.

JoKaPRO is not entitled to demand payment for the period during which the digital services were not in conformity with the agreement, even if the Customer actually used them before withdrawal.

If, due to withdrawal from a Sales Agreement concerning only some Products included in a promotion, the Customer no longer meets the conditions entitling them to benefit from the promotion, the Seller shall have the right to receive the regular price for the Products retained by the Customer, applicable at the time the Order was placed. The Seller’s claim for payment of the regular price for the Products retained by the Customer becomes due 14 days after receipt of the Customer’s withdrawal statement. In such case, the Seller shall refund the amount for the returned Products reduced by the difference between the regular price of the retained Product applicable at the time of placing the Order and the promotional price actually paid by the Customer. The Customer may also withdraw from the agreement with respect to the entire Order.

§ 13

COMPLAINTS

The Seller is obliged to deliver Products to the Customer free from defects. JoKaPRO also makes every effort to properly perform the Service Agreements. JoKaPRO is liable for delivery of defective Products (under Articles 556–576 of the Civil Code) and for improper performance of the Services. The Service Provider is obliged to provide digital services in conformity with the concluded agreements, and therefore JoKaPRO is liable for any lack of conformity of a digital service with the agreement that occurred or became apparent during the period in which, under the agreement, the Customer used the digital service.

It is presumed that a lack of conformity of the digital service with the agreement occurred during the period referred to in paragraph 1 if it became apparent during that period.

The presumption referred to in paragraph 2 above does not apply if:

• the Customer’s Digital Environment is not compatible with the technical requirements referred to in these Terms and Conditions;
• the Customer does not fulfill the cooperation obligation referred to in § 12 paragraph 15.

The Customer may submit a complaint:

in writing to: ul. Grabiszyńska 163/603, 53-424 Wrocław
by email to: kontakt@jokaproskin.pl

A complaint should include: the Customer’s contact details (name, surname, correspondence or email address), a description of the reason for the complaint, and an indication of what the Customer requests in connection with the complaint; additionally, in the case of complaints concerning Services, the email address under which the Customer Account was registered, and in the case of complaints concerning Products, the Order date and an indication of the complained-about Products.

JoKaPRO considers complaints and responds to the Customer within 14 days, unless a shorter period results from applicable law.

Complaints are considered on the basis of these Terms and Conditions and generally applicable provisions of Polish law.

If, in order for the Seller to respond to the Customer’s complaint or perform the Customer’s rights resulting from statutory warranty, it is necessary for the complained-about Product to be delivered to the Seller, the Customer will be asked by the Seller to deliver the Product to the address indicated by the Seller.

If JoKaPRO does not accept the Customer’s complaint and the Customer disagrees with such decision, a Customer who is a Consumer may обратиться to an entity authorized to conduct out-of-court consumer dispute resolution proceedings, which for JoKaPRO is: Trade Inspection, Provincial Inspectorate of Trade Inspection in Warsaw, ul. Sienkiewicza 3, 00-015 Warsaw, tel. 22 826 18 30, 22 826 42 09, fax 22 826 21 95, email: ih_warszawa@wiih.org.pl

§ 14

WARRANTY

As a rule, the Seller does not provide a commercial warranty for Products.

§ 15

COPYRIGHT

Photos and content made available in the Store are protected as works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights.

§ 16

PERSONAL DATA

The rules for the processing of Customers’ personal data by JoKaPRO are set out in the Privacy Policy.

§ 17

CONTENT PROVIDED OR CREATED BY THE CUSTOMER

Following the Customer’s withdrawal from the agreement in accordance with these Terms and Conditions, JoKaPRO may not use content other than personal data that was provided or created by the Customer while using digital services supplied by JoKaPRO, except for content that:

• is useful solely in connection with the digital services that were the subject of the agreement between the Customer and JoKaPRO;
• relates exclusively to the Customer’s activity while using the digital services that were the subject of the agreement between the Customer and JoKaPRO;
• has been combined by JoKaPRO with other data and cannot be separated without excessive difficulty;
• was created by the Customer jointly with other Customers who may still use it.

At the Customer’s request and at its own expense, JoKaPRO shall make available to the Customer, within a reasonable time and in a commonly used machine-readable format, content created or provided by the Customer during use of the digital services, other than personal data, except for the content referred to in paragraph 1 (a)–(c).

§ 18

CHANGES TO DIGITAL SERVICES

JoKaPRO may make changes to a digital service that are not necessary to maintain conformity of the digital service with the agreement where such change is necessary to adapt the digital service to generally applicable laws or a final court judgment or decision issued in relation to JoKaPRO, or where it is necessary to adapt the digital service to technological changes, including those necessary to ensure compatibility or interoperability.

The introduction of a change referred to in paragraph 1 shall not involve any costs for the Customer.

JoKaPRO shall inform the Customer by email about any change referred to in paragraph 1.

If a change referred to in paragraph 1 materially and adversely affects the Customer’s access to or use of the digital service, JoKaPRO shall inform the Customer well in advance by email about the nature and timing of the change and about the right referred to in paragraphs 5 or 6 below.

In the case referred to in paragraph 4, the Customer may terminate the agreement without notice within 30 days from the date the change referred to in paragraph 4 was made, or from the date on which the Customer was informed of it if the information was provided later than the change itself.

The right referred to in paragraph 5 does not apply if JoKaPRO ensures that the Customer may retain, at no additional cost, digital content or a digital service that conforms to the agreement in an unchanged state.

§ 19

FINAL PROVISIONS

JoKaPRO is not obliged to apply and does not apply any code of good practice understood as a set of conduct rules, in particular ethical and professional standards referred to in Article 2(5) of the Act of 23 August 2007 on Counteracting Unfair Market Practices.

The Customer’s correspondence address in all matters related to the Sales Agreement and/or Service Agreements concluded with JoKaPRO shall be the correspondence and email address provided during Customer Account registration (including any later modifications) or indicated when placing a given Order.

These Terms and Conditions are made available on the Store’s website in a manner enabling their display, download, storage, and printing.

The law applicable to the Sales Agreement and the Service Agreement is Polish law, provided that the choice of Polish law is without prejudice to the protection afforded to Consumers by mandatory provisions of the law of the country of their habitual residence.

In matters not regulated by these Terms and Conditions, the following shall apply in particular:

• the Act of 30 May 2014 on Consumer Rights,
• the Act of 18 July 2002 on the Provision of Electronic Services,
• the Act of 23 April 1964, the Civil Code.

JoKaPRO is entitled to amend these Terms and Conditions for important reasons, in particular such as:

• a change in the legal framework requiring amendments to the Terms and Conditions,
• changes in the functioning of the Store and the rules for the provision of Services,
• correction of errors and mistakes in the Terms and Conditions.

A Customer who has already concluded a Service Agreement with JoKaPRO will be informed of amendments to these Terms and Conditions by email sent to the address provided during Customer Account registration. Amendments to the Terms and Conditions do not apply to Sales Agreements in respect of which Orders were placed before the amendments entered into force.

If the Customer does not agree to the amendments to the Terms and Conditions, they are entitled to terminate the Service Agreement (request deletion of the Customer Account) under the rules described in § 8 paragraph 6.

Service Agreements concluded after the date indicated as the effective date of a given version of these Terms and Conditions shall be governed by the amended version.

Sales Agreements in respect of which Orders are placed after the date indicated as the effective date of a given version of these Terms and Conditions shall be governed by the amended version.

Appendix No. 1

WITHDRAWAL FORM

(complete and return this form only if you wish to withdraw from the agreement)

JoKaPRO Joanna Kajstura
ul. Grabiszyńska 163/603
53-424 Wrocław
email address: kontakt@jokaproskin

Notice of withdrawal from the agreement

I hereby inform you that I withdraw from the agreements for the provision of electronic services concluded in connection with registration of the Customer Account under the email address: ______________________________ / the sales agreement based on the Order dated* ______________ – the withdrawal concerns the entire Order / the following Products ______________________________________ ____________________________________________________________________________**

[Name and surname / address]

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Bank account number to which the paid amount should be refunded*:**

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[Date] [Signature]

* please indicate which agreement the withdrawal concerns, and cross out the information relating to the other agreement,

** please indicate the Products concerned by the withdrawal; if the withdrawal concerns the entire Order, please cross out this information,

*** indicate only if it is different from the account used to pay for the Order