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Statute

REGULATIONS OF THE JD ATTACK ONLINE STORE

§1
GENERAL PROVISIONS

The Online Store available at attack.com.pl is owned and managed by Jagoda Dąbrowska, running a business under the name: JD ATTACK Jagoda Dąbrowska (hereinafter referred to as the "Seller"/"Service Provider") with its registered office: ul. Gliwicka 1 in Kędzierzyn Koźle (47-224) and delivery address: ul. Jagiellońska 53, 47-206 Kędzierzyn-Koźle, NIP: 7492112902, REGON: 520633122, e-mail address: jd@attack.com.pl, telephone number: +48 885 050 777 or +48 797 773 314, entered into Centralna Registration and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy.
These Regulations (hereinafter referred to as the "Regulations") define the rules for using the Online Store and general conditions for the provision of services by the Seller, in compliance with applicable law.
The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is Jagoda Dąbrowska conducting business under the name JD ATTACK Jagoda Dąbrowska, whose detailed data are included in section 1.

§2
DEFINITIONS

Working day - one day from Monday to Friday, excluding public holidays.
Delivery - an actual act consisting in the delivery to the Customer by the Seller, through the supplier (courier company, "paczkomat" mailbox operator) of the Goods specified in the Order.
Registration Form/Registration - a form enabling the creation of an Account in the Service Provider's Online Store.
Order Form (Basket) - Electronic Service available in the Service Provider's Online Store, enabling placing an Order, in particular in terms of adding Goods to the electronic shopping cart and specifying the terms of the Sales Agreement.
Product Card - individual description and properties of a given Product, specifying available sizes, colors, price, delivery time, etc.
Client - a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; legal person; or an organizational unit without legal personality, which is granted legal capacity by law; - who uses Electronic Services, has concluded or intends to conclude a Sales Agreement with the Seller.
Civil Code (CC) - Civil Code Act of April 23, 1964 (Journal of Laws 1964, No. 16, item 93, as amended).
Consumer - a natural person making a purchase or other legal transaction with the Seller not directly related to his business or professional activity, as defined in Art. 221
Account - Electronic Service meaning an individual panel for each Customer, launched on his behalf by the Seller, after the Customer registers using his own login (Account name) and password, which collects data provided by the Customer and information about the Orders placed by him in Online Store.
Gift voucher - an electronic gift voucher with assigned information about the value of the voucher, having an individual code that entitles the Customer to make purchases in the Online Store or the Seller's Stationary Store. The coupon cannot be exchanged for cash.
Newsletter - Electronic Service provided by the Service Provider via e-mail, prior to the Customer's prior consent and voluntary saving of his or her e-mail address in the system, which automatically results in receiving periodic content from the Service Provider containing information about the Goods and Services of the Online Store.
Privacy Policy - an important document specifying the principles of processing the Customer's personal data by the Personal Data Administrator, the purpose of processing, the Customer's rights and the Administrator's obligations, which is available at: com.pl/strona/polityka_prywatnosci.
Consumer Law - Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended).
Subject of the Agreement - a movable item (Goods) available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
Entrepreneur - a natural person, a legal person and an organizational unit, not being a legal person, which is granted legal capacity by law, conducting business or professional activity on its own behalf.
Entrepreneur-Consumer - a natural person running a sole proprietorship, entered in the Central Register of Economic Activity, concluding a contract directly related to his or her business activity, but not of a professional nature resulting from the subject of the business activity, verified on the basis of the provisions on the Central Register. and Information on Business Activity. However, this only applies to contracts concluded remotely and off-premises.
Regulations - these regulations of the Online Store.
Online Store - the Seller's Store, operating at attack.com.pl.
Stationary Store - the Seller's stationary showroom with the address: ul. Gliwicka 1 in Kędzierzyn-Koźle (47-224).
Seller/Service Provider - Jagoda Dąbrowska running a business under the name JD ATTACK Jagoda Dąbrowska, NIP: 7492112902, REGON: 520633122, based in Kędzierzyn Koźle at ul. Gliwicka 1, with correspondence address (for delivery) ul. Jagiellońska 53, 47-206 Kędzierzyn Koźle, e-mail address: jd@attack.com.pl, telephone number: +48 885 050 777 or +48 797 773 314 and bank account number: 19 1600 1462 1809 8691 6000 0001.
Store Website - means the website under which the Seller runs the Online Store, operating in the attack.com.pl domain.
Goods - a product presented by the Seller via the Online Store, which may be the Subject of a Sales Agreement.
Sales Agreement - a sales agreement concluded or concluded remotely between the Customer and the Seller via the Online Store.
Electronic Service - a service provided electronically by the Service Provider to the Customer through online shop.

Order - the Customer's declaration of will, submitted using the Order Form, aimed directly at concluding a Goods Sales Agreement with the Seller.

§3
ELECTRONIC SERVICES PROVIDED IN THE ONLINE STORE

In the Online Store, the Service Provider provides the following Electronic Services: Account, Order Form and Newsletter.

1) The Account Electronic Service is provided free of charge for an indefinite period. The Customer has the option of deleting the account at any time and without giving a reason, by expressly declaring resignation sent to the Service Provider, for example by e-mail to the following address: jd@attack.com.pl;
2) Electronic Order Form Service - is provided free of charge and is of a one-time nature, ending when the Order is placed via it or when the Customer stops placing the Order. Using the Order Form does not require an Account and begins when the Customer adds the first Goods to the electronic cart in the Online Store. Completing the Order Form aims to Place an Order in the following steps:
- selection of Goods from the Seller's Online Store,
- go to the contents of the basket and select the type of delivery, shipping country, payment method, optionally add a discount coupon, confirm by clicking the "Order" field,
- then clicking the "Place Order" box with the option to log in or without registration,
- providing the necessary personal data and address details,
- confirming reading and acceptance of the content of the Regulations and clicking on the "Summary" field,
- final confirmation of the purchase with the obligation to pay by clicking the "Confirm Purchase" field - until then, you can modify the entered data yourself (to do this, follow the displayed messages and information available on the Seller's website). In the Order Form, the Customer must provide the following data regarding the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Goods, quantity of Goods, place and method of delivery of Goods, method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company name and NIP number,
3) The Electronic Newsletter Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending an appropriate request to the Service Provider, for example via e-mail to the following address: jd@attack.com.pl. The use of the Newsletter begins when you indicate your willingness to receive it by providing the Customer's e-mail address or when you create an Account by subscribing to the Newsletter.
Technical requirements necessary for cooperation with the IT system used by the Service Provider: computer, laptop or other multimedia device with Internet access; access to active e-mail; standard operating system; regularly updated web browser: Mozilla Firefox; Internet Explorer, Opera, Google Chrome, Safari or Microsoft Edge; recommended screen resolution: 1024x768 pixels and higher. To use some functions of the Website, it is necessary to support the SSL secure data transmission protocol and have JavaScript and cookies support enabled, or Flash support enabled.
The Seller uses a "cookies" mechanism that does not destroy the Customer's end device and does not cause changes to the configuration or software installed on these devices. The Service Provider indicates that disabling cookies may, however, cause difficulties or prevent the use of the Online Store. Detailed information about cookies is included in the Privacy Policy at: com.pl/strona/polityka_prywatnosci.
The Customer is obliged to use the Online Store in a manner consistent with applicable law, good practices, and respecting the personal rights of the Service Provider and third parties. The Customer is prohibited from providing illegal content. The customer is obliged to provide and enter his data in accordance with the actual situation.
All rights to the Online Store, including economic copyrights, intellectual property rights to its name, its Internet domain, as well as patterns, forms, logos and photos posted on the Store's Website belong to the Seller.

 

§4
CONDITIONS OF CONCLUSION OF A SALES AGREEMENT AND IMPLEMENTATION

The conclusion of the Sales Agreement between the Seller and the Customer takes place after placing an Order using the Order Form in the Online Store in accordance with 3.1.2 of the Regulations.
You can place an order in the Online Store 24 hours a day, 7 days a week.
The Sales Agreement is concluded in Polish, in accordance with the law and these Regulations.
The prices of the Goods shown on the Online Store website are gross prices (including VAT) and are expressed in Polish zlotys. The Customer is informed about the total price including taxes of the Goods that are the subject of the Order, as well as delivery costs (including transport, delivery and postal fees) and other costs - the obligation to pay them on the Online Store's website when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
The Seller informs the Customer by e-mail to the e-mail address provided by him about the acceptance of the Order and confirmation of the conclusion of the Sales Agreement immediately, but no later than 48 hours from its submission. Confirmation of acceptance of the Order includes a summary of the Ordered Products, Customer data, indicated sales document, e.g. pro-forma invoice, information on the right to withdraw from the contract and links to download the Regulations and form templates.
Upon receipt of the above message electronically, a Sales Agreement is concluded between the Customer and the Seller. If the Order confirmation is not received, the Customer is asked to check the "spam" tab in his e-mail box or contact the Seller.
Placing an Order by the Customer entails his/her obligation to pay.
The validity period of an Order for payment by bank transfer is 7 days from the date of its submission. If the Customer does not pay the amount due under the order to the indicated account number within the above-mentioned deadline, the order is canceled and the Customer cannot demand its execution from the Seller.
The execution of the Customer's Order paid by transfer or via the electronic payment system takes place after the conclusion of the Agreement and the Customer's payment is credited to the Seller's bank account.
The execution of the Customer's Order may depend on payment of all or part of the Order value.
The Seller has the right to withdraw from the order due to lack of availability of the goods. In such a situation, the staff of the Online Store will immediately, but no later than thirty days from the conclusion of the Agreement, notify the Customer about it, committing to immediately refund the amount paid.

§5

PAYMENT METHODS AND TERMS

The Seller provides the Customer with a choice of payment methods under the Sales Agreement in the Online Store. Available payment methods include: traditional transfer, payment cards (Visa, Mastercard, Maestro), BLIK, Google Pay, PayPo, Paypal Express Checkout and online payments (fast transfers).

The entity providing online payment services by electronic means is Blue Media S.A. with its registered office in Sopot at Powstańców Warszawy 6, code 81-718. The company was registered in the District Court Gdańsk-Północ, 8th Commercial Division of the National Court Register under number 0000320590, NIP 5851351185, REGON 191781561. The share capital is PLN 2,205,500 (paid in full).
If the Customer chooses electronic payments or payment by payment card, the Customer is obliged to make the payment within 1 calendar day from the date of conclusion of the Sales Agreement.
If the Customer chooses to pay by bank transfer, the Customer is obliged to make the payment to the bank account and within the deadline specified in the pro forma invoice sent. The deadline for payment is 7 calendar days from the date of issuance of the purchase document, unless agreed with the Customer

 

§6
COST, METHODS AND DELIVERY DATE

Delivery of the Subject of the Agreement is available in the territory of the Republic of Poland and selected European Countries indicated in the Online Store by the Seller in the tab https://attack.com.pl/strona/www-attack-com-pl-dostawa.
Delivery of the Subject of the Agreement to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Delivery costs are indicated in the Online Store in the "Delivery" tab when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement with the Seller.
The Seller provides, among others: the following methods of delivery of the Subject of the Agreement:
1) InPost courier;
2) InPost parcel lockers.
Personal collection of the Subject of the Agreement by the Customer is available in the Stationary Store at the following address: ul. Gliwicka 1 47-224 Kędzierzyn Koźle on working days during working hours (between 9:00 a.m. and 4:00 p.m.) and is free of charge.
The delivery time of the Subject of the Agreement to the Customer is 2-7 business days, unless a shorter date is specified in the description of the Product Card or when placing the Order. In the case of individually personalized Goods or with different delivery dates, the actual delivery date is the longest given date, which should not exceed 30 business days.
The deadline for the Subject of the Agreement to be ready for collection by the Customer in the Stationary Store is 7 business days, unless a shorter deadline is specified in the description of the Product Card or when placing the Order. In the case of individually personalized Goods or with different readiness for collection dates, the readiness for collection date is the longest date. The Seller will inform the Customer by sending an e-mail to the e-mail address provided by the Customer with information about the readiness date.
The Seller, in accordance with the Customer's will, attaches a receipt or a VAT invoice covering the delivered Goods to the shipment being the subject of the Delivery.
At the time of purchase, the Customer grants the Seller a power of attorney to conclude a one-time contract with the company providing paid delivery of the order to send the shipment on behalf of and on behalf of the Buyer.

§7
RIGHT TO WITHDRAW FROM THE SALES AGREEMENT

A Consumer or an Entrepreneur-Consumer who has concluded a distance contract has the right to withdraw from the contract within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in Art. 33 and art. 34 Consumer rights.
To meet the deadline, it is enough to send the declaration before its expiry.
A declaration of withdrawal from the contract may be submitted in writing to the following address: ul. Jagiellońska 53 47-206 Kędzierzyn Koźle or by e-mail to the following address: jd@attack.com.pl.
A sample Withdrawal Form is available on the Online Store website at attack-com-pl-zwrot, and is additionally available in Annex No. 2 to the Consumer Law. The Consumer or Entrepreneur-Consumer should use the Return Form Template, but this is not obligatory.
The deadline for withdrawal from the contract begins for the Sales Agreement, in the performance of which the Seller delivers the Subject Matter of the Agreement - from the Consumer, Entrepreneur-Consumer or a third party indicated by him other than the carrier, and if the Sales Agreement covers many Goods. which are delivered separately, in batches or in parts - from the date of taking possession of the last Goods, batch or part, for other contracts - from the date of their conclusion.
The Seller immediately confirms to the Consumer or Consumer-Entrepreneur the receipt of the declaration of withdrawal from the Agreement to his e-mail address provided when concluding the Sales Agreement.
In the event of withdrawal from the Agreement, the Sales Agreement is considered not concluded.
The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's or Entrepreneur-Consumer's declaration of withdrawal from the Sales Agreement, refund all payments made by him, including the cost of Delivery of the Goods. The Seller may withhold the refund of payments received from the Consumer or Consumer Entrepreneur until he receives the Subject of the Agreement back or until the Consumer or Consumer Entrepreneur provides proof of sending back the Goods, depending on which event occurs first.
If the Consumer or Consumer Entrepreneur exercising the right to withdraw from the Agreement has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer or Consumer Entrepreneur for any additional costs incurred by him.
The Consumer or Consumer Entrepreneur is obliged to return the Subject of the Agreement to the Seller immediately, but no later than within 14 days from the date on which they withdrew from the Sales Agreement. To meet this deadline, it is enough to return the goods to the following address: ul. Jagiellońska 53, 47-206 Kędzierzyn Koźle.
In the event of withdrawal, the Consumer or Entrepreneur-Consumer shall only bear the direct costs of returning the Goods.
The Consumer or Entrepreneur-Consumer shall be liable for reducing the value of the Subject of the Agreement resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the Goods.
The Seller refunds the payment using the same method of payment as used by the Consumer or Entrepreneur-Consumer, unless explicit consent to a different method of return has been provided.
The right to withdraw from the Sales Agreement does not apply to the Consumer or Consumer-Entrepreneur in relation to contracts in which the Subject of the Agreement is a non-prefabricated item, manufactured according to the specifications of the Consumer or Consumer-Entrepreneur or serving to meet his individual needs.
The right to withdraw from the Sales Agreement does not apply to the Consumer or Entrepreneur-Consumer in relation to contracts for the provision of additional services if the Seller has fully performed the service with the express consent of the Consumer, who has been informed that after the Seller has provided the service, he will lose the right to withdraw from the contract.
The Seller does not accept shipments sent cash on delivery.

§8
COMPLAINT FOR GOODS


Starting from January 1, 2023, in the event of non-compliance of the Goods with the Agreement, the basis and scope of the Seller's liability towards the Customer who is a Consumer or an Entrepreneur-Consumer are based on the principles contained in Chapter 5a of Consumer Rights.
The Seller is obliged to deliver the Goods to the Customer in accordance with the Sales Agreement, i.e. free from defects, unless they are directly and clearly indicated to the Customer in the Goods Card.
Any complaints related to the Goods or the implementation of the Sales Agreement may be submitted by the Customer who is a Consumer or an Entrepreneur-Consumer in any form, although the Seller prefers the written form to the following address: ul. Jagiellońska 53 47-206 Kędzierzyn Koźle, or by e-mail to the following address: jd@attack.com.pl.
It is recommended to use the provided Complaint Form, which can be found at https://attack.com.pl/strona/attack-com-pl-zwrot. A complaint may be submitted by: providing in the description of the complaint: information and circumstances regarding the subject of the complaint, in particular the type and date of non-compliance of the Goods with the Agreement (defect); requesting a method of bringing the Goods into compliance with the Sales Agreement (requesting replacement or repair of the Goods), requesting a price reduction or a declaration of withdrawal from the Agreement, unless the lack of compliance of the Goods with the Agreement is significant; and contact details of the person filing the complaint - this will facilitate and speed up the processing of the complaint by the Seller.
If the Goods sold have a defect, the Customer who is a Consumer or an Entrepreneur-Consumer may demand the replacement of the Goods with a full-value one or demand its free repair. If you choose to replace the item with a defect-free one or request that the defect be removed, the Seller is obliged to fulfill this request within a reasonable time without excessive inconvenience.
The Seller may refuse to bring the goods into compliance with the contract if replacement and repair are impossible or would require excessive costs, then the Customer who is a Consumer or a Consumer Entrepreneur may submit a request for a price reduction or a declaration of withdrawal from the contract.
However, if the lack of compliance with the contract is so significant that it justifies an immediate price reduction or withdrawal from the contract, or the circumstances clearly indicate that the Seller will not bring the goods into compliance with the contract within a reasonable time or without excessive inconvenience to the Customer, the Customer may demand price reduction or withdrawal at this stage.
The Consumer or Entrepreneur-Consumer may not withdraw from the contract if the defect is insignificant.
The Seller recognizes the complaint within 14 days from the date of its receipt and notifies the Customer about the further course of action. If the Seller does not respond to the Customer's requests within 14 days, it means that the Seller considers the requests justified. In each of the above cases, when the fulfillment of the Customer's requests involves the delivery of new or repaired Goods, the delivery costs are borne by the Seller. The Seller is obliged to collect the goods subject to repair or replacement at his own expense, and the Customer is obliged to make the goods available.
The Seller enables the Customer who is a Consumer to use out-of-court resolution of consumer disputes. Detailed information on out-of-court methods of dealing with complaints and pursuing claims as well as the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following addresses: Internet addresses of the Office of Competition and Consumer Protection: https://uokik.gov.pl/sprawy_individual.php, https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
https://polubowne.uokik.gov.pl/instytucje,4,pl.html
The customer is entitled to apply to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to resolve a dispute arising from the concluded Sales Agreement. The regulations for the organization and operation of permanent consumer arbitration courts are set out in the Regulation of the Minister of Justice of September 25, 2001 on determining the regulations for the organization and operation of permanent consumer arbitration courts. (Journal of Laws 2001, No. 113, item 1214).
The Customer may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the e-mail address: advice@dlakonsumentow.pl and by the Association of Polish Consumers at the free consumer hotline number 800889866.
The internet platform is available at the address indicated below

§9
PERSONAL DATA PROTECTION

The principles of personal data protection and data processing applicable in the Online Store are specified and included in the Privacy Policy, available at: https://attack.com.pl/strona/polityka_prywatnosci


§10
FINAL PROVISIONS

None of the provisions of these Regulations are intended to violate the rights of the Customer. It cannot also be interpreted in this way, because in the event of non-compliance of any part of the Regulations with applicable law, the Seller declares absolute compliance with and application of this law in place of the challenged provision of the Regulations.
If a dispute arises under the concluded Sales Agreement, the parties will strive to resolve the matter amicably. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply.
The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will post information about the change to the Store Regulations on the Online Store website or directly on the Account at least 7 days before its entry into force.
All Orders accepted by the Seller for execution before the date of entry into force of the new Regulations are carried out on the basis of the Regulations that were in force on the date of placing the order by the Customer. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact.
The Regulations enter into force on July 31, 2023, provided that for Customers who concluded a contract before July 31, 2023, § 10 section. 4 of the Regulations.

[Version 14.6/Regulations of the JD ATTACK Online Store valid from July 31, 2023]

[Archived Version 14.5/Online Store Regulations valid from January 1, 2023]
[Archived Version 14.4/Online Store Regulations effective from December 7, 2021]
[Archived Version 14.3/Online Store Regulations valid from May 20, 2019]
[Archived Version 14.2/Online Store Regulations valid from May 25, 2018]

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