Terms of service
§ 1. General provisions
1. These Terms and Conditions set out the rules for using the Online Store available at: https://protectedbyjames.com. The Terms and Conditions set out the rules for placing and processing orders, terms and conditions of making complaint, rights and obligations of the Customer, the Seller’s scope of liability as well as organisational information.
2. The website operating under the www.protectedbyjames.com address is owned and administered by MC PROJECTS SP. Z O.O. with its registered seat in Warsaw, at ul. Ostródzka 245B/7B, 03-289 Warsaw, with share capital of PLN 5,000.00, entered into the Register of Entrepreneurs of the National Court Register [KRS] by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS No. 0000660903 holder of NIP no. [Tax ID no.]: 5242820488, REGON [National Business Registry no.]: 366445945, email address: James@protectedbyjames.com, contact telephone number: +48 607 420 420.
3. These Terms and Conditions constitute an integral part of the Sales Agreement and are applicable to both Parties, unless they agree otherwise in writing.
4. For the purpose of placing an Order, it is required to read these Terms and Conditions and accept them. By placing an Order, a Customer accepts the content of these Terms and Conditions.
5. For the purpose of using the services of the Online Store it is necessary to have access to the Internet, a mailbox account (an email address) and a contact telephone number.
§ 2. Glossary
1. SELLER/SERVICE PROVIDER – MC PROJECTS SP. Z O.O. with its registered seat in Warsaw, at ul. Ostródzka 245B/7B, 03-289 Warsaw, the share capital of PLN 5,000.00, entered into the Register of Entrepreneurs of the National Court Register by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS No. 0000660903 holder of NIP no.: 5242820488, REGON: 366445945, email address: James@protectedbyjames.com, contact telephone number: +48 607 420 420, Owner of the Online Store available at: www.protectedbyjames.com.
2. CUSTOMER/RECIPIENT – a natural person with full or limited legal capacity, a legal person or an organisational unit without legal personality, but with legal capacity, who intends to conclude or has concluded a Sales Agreement with the Seller.
3. SALES AGREEMENT – a sales agreement of the product which is being concluded or has already concluded between the Customer and the Seller by means of the Online Store or by means of electronic mail.
4. PRODUCT – a moveable item offered by the Seller which is subject of the Sales Agreement between the Customer and the Seller.
5. ORDER – an individual commission concerning the conclusion of the Product Sales Agreement placed in electronic form (via email) or via the Order Form.
6. ORDER FORM – an Electronic Service, an interactive form available on the Online Store enabling Order placement, in particular by adding a Product to an electronic basket and specifying terms of the Sales Agreement, including delivery and payment method.
7. ONLINE STORE – an Online Store of the Service Provider available at https://protectedbyjames.com.
8. ELECTRONIC SERVICE – a service provided electronically by the Service Provider for the benefit of the Recipient via the Online Store.
9. REGISTRATION FORM – a form available on the Online Store which enables setting up an account.
10. ACCOUNT – an Electronic Service, data set in the ICT system of the Service Provider connected with an individual name (login) and a password provided by the Recipient and collects data of the Recipient, including information on the Orders placed by the Recipient.
11. CIVIL CODE – the Polish Civil Code of 23 April 1964 (Jornal of Laws 2017.459).
12. CONSUMER – a Customer who is a natural person and meets the conditions set out in Article 22¹ of the Civil Code.
13. WRITTEN CONFIRMATION/SELLER’S LETTER/CUSTOMER’S LETTER – a signed Seller’s or Customer’s Letter as well as one included in an email (message sent by electronic means) and signed, which does not however require a secure electronic signature verifiable with a security certificate.
14. WORKING DAY – a single day from Monday to Friday with the exception of public holidays.
15. TERMS AND CONDITIONS – these Terms and Conditions.
16. GPDR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
a) additional service available with the purchase of a movable (James Key Box),
b) paid for additionally (PLN 20 gross),
c) consisting in ordering inscription of a maximum of 20 characters in total, with a maximum of 10 characters per one line; spaces are also considered characters,
d) the inscription will be impressed in leather on the cover of the ordered product,
e) the characters which may be used in the inscription are as follows: letters of the Polish alphabet, additionally letters Q, V and X, as well as Arabic numerals from 0 to 9,
f) the inscription is possible only in capital letters,
g) it is not possible to view the inscription in the configurator version,
h) the Buyer customises his/her order in the order form by marking “YES” next to the “Customisation” option and placing the inscription in the first or second line,
i) the inscription can be placed in both lines; the space between the lines is 7 mm,
j) character height (letter/number): 7 mm,
k) the Seller reserves the right to refuse acceptance of an order which is against the law, good practices or rules of social coexistence,
l) in the event the Seller rejects the ordered inscription or cannot perform it, the Buyer should state within 2 (two) work days from obtaining such information from the Seller whether he/she decides to withdraw from order without customisation; in the event the Buyer fails to provide such a statement, the order will be fulfilled without customisation and payment for customisation will be returned to the Buyer,
m) customisation does not affect the order fulfilment time,
n) in individual cases, such as in particular an unconventional inscription consisting in repeated characters, the Seller will determine the order fulfilment time with the Buyer.
§ 3. Use of the Online Store and Electronic Services offered in the Online Store
1. The following elements are required for the purpose of using the Online Store and placing orders for Products:
b) an active electronic mail account (email).
2. The Customer is entitled and obliged to use the Online Store in compliance with the law, good manners and its intended purpose as well as to respect these Terms and Conditions.
3. The Customer is obliged to refrain from any activity which could negatively affect the correct functioning of the Online Store, including in particular from interfering in the Online Store’s content or its technical elements, including from delivering unlawful content.
4. To the fullest extent permitted under applicable laws, the Service Provider is not liable for disruptions, including interruptions in the functioning of the Online Store caused by force majeure, unlawful activity of third persons or incompatibility of the Online Store with the Customer’s technical infrastructure.
5. The following Electronic Services are offered in the Online Store: Account, Order Form. Using these Electronic Services by the Recipient is free of charge.
6. Registration of a Customer Account in the Online Store is voluntary and free of charge.
7. The Customer can browse the Online Store’s product range as well as place orders without setting up an Account.
8. Setting up and using an Account requires being registered in the Online Store. For this purpose, it is required to complete the registration form by providing the Recipient’s name and surname or the company name, address (street, house/apartment number, postal code, town, country), email address, contact telephone number and a password, to accept the Terms and Conditions and agree to the processing of personal data within the scope necessary for the services provided by electronic means to be established, shaped with regard to the content, changed, terminated and correctly executed as well as for the execution of the Customer’s Orders. In case of Recipients who are not Consumers it is also necessary to provide the company name and the NIP number.
9. It is necessary for to provide data marked as obligatory for the purpose of setting up an Account, processing and handling of the orders placed in the Online Store as well as for correct performance of the services provided by electronic means. Provision of data marked as obligatory is voluntary, yet necessary to set up a Customer Account. Provision of data not marked as obligatory is voluntary and is not necessary for setting up a Customer Account.
10. Once the Account is registered in the Online Store, any logging in is possible by using data provided in the registration form.
11. The Order Form is use separately for each transaction and commences when the first Product is added to the electronic basket in the Online Store. Placing an Order via the Order Form requires providing the Product(s), the Product(s) number, address and delivery method, payment method as well as clicking the “Buy and pay” box. It is possible to modify the provided data individually until the process of placing the Order via the Form Order is finished which occurs by clicking the “Buy and pay” field.
12. The Account is an Electronic Service provided continuously for an indefinite period of time. The Customer can withdraw from the agreement on provision of an Electronic Service without stating reasons by sending an appropriate statement by means of electronic mail to the following address: firstname.lastname@example.org or in writing to the following address: ul. Ostródzka 245B/7B. In such a case, the Agreement expires after 7 days from the receipt of the declaration of will of its termination (notice period), unless a shorter notice period is agreed by the Parties.
13. In the case of Recipients who are also Consumers, the Service Provider can terminate the agreement on provision of an Electronic Service, provided that the Recipient has grossly or persistently violated these Terms and Conditions, in particular by delivering unlawful content and after at least one ineffective request to refrain from doing so or to remove the violations within a specified period of time. In such a situation, the Agreement on provision of an Electronic Service expires after 7 days from the day on which the Service Provider has received the declaration of will of its termination (notice period) from the Recipient.
14. In case of Recipients who are not Consumers, the Service Provider can terminate the agreement on provision of an Electronic Service with an immediate effect and without stating reasons by sending an appropriate statement to the Recipient.
15. The Customer can lodge a complaint regarding the functioning of the www.protectedbyjames.com website (including functioning of the Account) within 30 days from the day on which defects or interruptions in the functioning of the website have occurred. A complaint must be submitted in electronic form by sending an email to: email@example.com, by calling at: +48 607 420 420 or by sending it in writing to the following address: MC PROJECTS SP. Z O.O., ul. Ostródzka 245B/7B. A complaint must contain: the Customer’s name and surname, correspondence address, type of the complaint and date on which the reason for the complaint occurred.
§ 4 Order acceptance and conclusion of the Sales Agreement
1. Notices, advertisements, price lists and other information about the products offered by the Seller, in particular their descriptions, technical and usage parameters as well as prices, constitute an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
2. The Customer can place an Order in the following manner: a) directly via the Store website (by setting up a voluntary Account or without doing so via the Order Form available in the Online Store); b) by means of an electronic mail (email) by sending an Order to firstname.lastname@example.org and stating all relevant order information, i.e. product name/description, amount, payment method, delivery place and data: name, surname, delivery address, email address, telephone number.
3. All the forms specified above are considered equal. The parties are bound by the content of the Order once the Seller has confirmed its receipt electronically and has assigned an individual number to this Order. The date of the Order acceptance is the date indicated in the Seller’s letter, i.e. an electronic message containing the order confirmation.
4. The method of placing an Order via the Order Form available on the Online Store is laid down in § 3 section 11 hereof. Throughout the process of completing the Form, the Customer specifies the Order subject, accepts its price and Order processing time, selects payment and delivery method and confirms definitively its Order by clicking the “Buy and pay” field. The Sale Agreement is concluded once the Customer receives a Written Confirmation of the Order acceptance sent to the email address provided in the Form by the Seller along with an individual Order number and information constituting content of the Sales Agreement.
5. In the case of an Order placed via an email, the Seller sends a Written Confirmation of the Order acceptance to the email address provided by the Customer upon the Order placement. That message constitutes an offer to conclude a Sales Agreement and contains the following information:
a) subject of the Order and its number; b) total price of the ordered Products or Services as well as delivery costs; c) payment method and payment deadline; d) Order processing time and delivery method; The Sales Agreement is concluded once the Customer has accepted the terms hereof, referred to above, i.e. once the Seller receives an email from the Customer in which the latter accepts all the above elements or once the Seller receives a payment confirmation for the order.
6. Orders which do not comply with requirements laid down herein or which have not been paid for will not be processed and will be removed within 30 days from their placement date.
7. Recording, securing and making the content of the concluded Sales Agreement available to the Customer occurs by making these Terms and Conditions available at www.protectedbyjames.com., by sending an email to the Customer, referred to in subs. 4 and 5 hereof as well as by attaching a purchase confirmation and specification of the concluded Sales Agreement to the parcel. All transactions are registered in the Online Store, and the content of the Sales Agreement is additionally recorded and secured in the Seller’s IT system.
§ 5. Order processing time
1. Order processing time comprises the period in which the Seller prepares the Product for sending.
2. The processing time of the placed Order takes up to 2 Working Days.
3. The Order processing time is counted from the posting of the total amount at the Seller’s bank account paid in accordance with provisions of § 6 hereof, and acknowledged and accepted by the Customer in the placed Order as well as is considered to be concluded once the Seller transfers the parcel to the entity providing courier services.
4. The period of delivery of the Product between the transfer of the parcel by the Seller to the entity providing courier services and the delivery of the parcel to the Customer by this entity is not included in the order processing time.
5. Should any unforeseeable obstacle, for which the Seller is not held liable, occur once the Order has been accepted, then order processing and delivery time agreed between the Parties can be extended. The Seller immediately informs the Customer about such an obstacle and notifies the Customer when this obstacle ceases to exist. The Customer can set out an additional time limit for the Order processing and can withdraw from the agreement once it expires ineffectively.
§ 6 Prices and payments
1. Product prices displayed on the Online Store include tax on goods and services and are given in PLN, however they do not include delivery costs.
2. The Service Provider reserves the right to change the prices on an ongoing basis. The right referred to in the preceding sentence does not apply to Orders which have already been placed – both Parties are bound by the price of the Product shown when placing the Order and this price is not subject to change.
3. The Seller makes the following payment methods available to the Customer: a) bank transfer in the form of a prepayment to the Seller’s account number provided in the Order confirmation and on the website; b) electronic payments by means of the “imoje” service or the “PayPal” system – in this case the User is obliged to pay for the purchased Product upfront prior to the order processing;
c) credit card (American Express, Visa, Mastercard),
d) by means of the “Buy it with Twisto” service (“Kup z Twisto”), in accordance with terms and conditions of this service: https://static.twistopay.com/base/docs/terms_online_pl.b1bd1b2bff1e.pdf;
4. Payment by means of an Internet transfer of the online banking as well as a credit card is made by means of the “imoje” service of internet payments offered by ING Bank Śląski S.A. with its registered seat in Katowice, KRS no. 0000005459, in accordance with the terms and conditions available on the following website: https://www.ingbank.pl/przedsiebiorstwa-i-jst/uslugi-dla-firm/platnosci-online-imoje
5. The Seller holds the property right of the created Product, until it receives the full amount payable for this Product.
6. Should the Customer select an electronic payment method and fail to pay for the purchased Product within 7 working days from the day of the Order placement, the Seller is entitled to cancel the Order (withdrawal from the agreement), about which the Customer will be informed by electronic means (email). The day of crediting the Seller’s account is considered to be the day of payment.
7. Should the processing of the entire Order or its part not be possible, the Seller informs the Customer about this fact by sending an email. If the Customer has already made the payment, the amount of the entire Order or its unfinished part will be immediately returned to the Customer.
8. Acceptance of these Terms and Conditions means that the Customer consents to receive VAT invoices by electronic means in compliance with the provisions of Article 106n of the Law on the Tax on Goods and Services of 11 March 2004 (i.e. Journal of Laws 2011, no. 177, item 1054 as amended), sent to the email address provided by the Customer. VAT invoices sent by electronic means will be saved in PDF format. The Customer can submit a statement of non-consent to receiving VAT invoices by electronic means at any time, however, once the Product is sent by the Seller, a submission of such a statement will result in the Customer being required to bear the costs of the invoice delivery. Invoice delivery to an address different than the Product delivery address will also result in the Customer being required to bear the costs of the invoice delivery. The invoice will be delivered by the same method selected for the Product delivery.
§ 7. Costs, time limits and delivery methods
1. The Seller makes the following delivery methods of the Product available to the Customer:
a) DHL courier parcel – Parcels within the territory of Poland are free of charge, while Parcels sent beyond the territory of Poland will be charged in accordance with the DHL price list, with the stipulation that custom duty costs are borne by the Seller;
B) DHL courier parcel – Pick up Point – in Poland.
2. Costs of an international Product delivery are provided upon the Order placement.
3. The risk of an incidental loss or damage to the Product passes to the Customer once the Product is transferred to the courier company.
§ 8. The Consumer’s right of withdrawal from the agreement
1. The provisions of this section apply only to Customers who are Consumers.
2. A Customer who is a Consumer, who has concluded an agreement remotely or off-premises may withdraw from the agreement within 14 days without stating a reason and without incurring costs, except for:
a) delivery costs exceeding the cost of the cheapest method of delivery offered by the Seller – in a situation where the Consumer chose the method of delivery of the item other than the cheapest one offered by the Seller;
B) direct costs of returning of the goods.
3. The deadline to withdraw from the agreement under which the Product are handed over begins with the Consumer or a third party indicated by the Consumer, other than the carrier, taking possession of the Product, and in the case of other agreements – the deadline to withdraw from the agreement runs from the date of its conclusion.
4. The Consumer may withdraw from the agreement by submitting a declaration of withdrawal from the agreement to the Seller. The statement may be submitted in the form attached as Appendix No. 1 to these Regulations. This deadline is observed provided the declaration is sent before the end of that period. The declaration may also be sent via e-mail along with the data necessary to identify the agreement which the withdrawal concerns (personal data and order or agreement number). In this situation, the Seller immediately confirms the receipt of the declaration of withdrawal by sending a message to the email address provided by the Customer.
5. In case of withdrawal from the agreement, it is deemed to never have been concluded. The parties are obliged to return the benefits they provided to the other party. Within 14 days of receiving the declaration of withdrawal from the agreement, the Seller returns all payments made to the Customer, with the exception of the costs indicated in subs. 2 of this section in the manner in which the payment was made, unless the Customer agrees to a different method of return.
6. The Seller can withhold the return of the payment to the Consumer until it has received the item or a proof of its return, whichever occurs earlier.
7. The Consumer is obliged to return the product to the Seller immediately, however not later than within 14 days following the withdrawal date. This deadline is observed provided the product is sent before the end of that period. The direct costs of the return are borne by the Customer. The Consumer is liable for the diminished value of the product which is a result of using it in a way which exceeds the product’s character, features and functions.
8. The right to withdraw from an agreement concluded outside the business premises or remotely does not apply to the Consumer in the cases specified in Article 38 of the Act on consumer rights of 30 May 2014 (Journal of Laws 2017.683, consolidated text), in particular with reference to an agreement in which the subject of the service is a custom-made item, manufactured according to the Consumer’s specification to satisfy his/her individual needs.
9. The above regulations do not limit the Consumer’s rights under the Act on consumer rights of 30 May 2014 (Journal of Laws 2017.683, consolidated text) and the Civil Code.
§ 9 Complaint procedure
1. The Seller is obliged to deliver a Product free from defects.
2. The basis and the scope of liability of the Seller towards the Customer is regulated by the Civil Code as well as the Act on consumer rights of 30 May 2014 (Journal of Laws 2017.683, consolidated text).
3. The Customer can lodge a complaint in written form by post (03-289 Warsaw, ul. Ostródzka 245B/7B) or by electronic means (email@example.com). Should a complaint be lodged by electronic means, the response to the complaint is also sent by electronic means to the email address from which the complaint has been sent. Complaints are processed immediately, not later than within 14 days.
4. Customer who exercise their warranty rights are obliged to deliver the defective Product to the Seller’s seat at the Seller’s expense.
5. The liability of the Seller under warranty towards the Customer who is not a Consumer is excluded in compliance with Article 555(1) of the Civil Code.
6. The above regulations do not restrict the rights of Customers who are Consumers, arising from the Act on consumer rights of 30 May 2014 (Journal of Laws 2017.683, consolidated text) as well as the Civil Code regarding warranties for defects.
§ 10 Settlement of disputes
1. Disputes arisen between the Seller and the Customer will in the first be attempted to be resolved amicably. Should the above method fail to succeed, disputes with the Customer who is also a Consumer will be submitted to competent ordinary courts. Disputes arisen between the Seller and the Customer who is not a Consumer will be submitted to a competent court with regard to the Seller’s registered seat.
2. Detailed information regarding methods and access to out-of-court dispute resolution forms are available at: http://www.uokik.gov.pl/spory_konsumenckie.php.
3. The platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available at: http://ec.europa.eu/consumers/odr/. The ODR platform provides a comprehensive service for consumers and entrepreneurs seeking out-of-court dispute settlement on contractual obligations arising from a sales agreement or an agreement on providing services remotely.
§ 11. Personal data
1. The controller of the Customer’s personal data provided upon setting up an account or placing an order (including: name, surname, email address, telephone number, delivery address) is MC PROJECTS SP. Z O.O. with its registered seat in Warsaw (03-289), ul. Ostródzka 245B/7B.
2. Personal data provided upon setting up an account will be processed for the following purposes:
a) processing and handling of orders pursuant to Article 6 section 1(b) of the GDPR, which indicates that processing is necessary for the performance of the agreement to which the Customer, the data subject, is a party.
b) taking steps at the request of the Customer, the data subject, prior to entering into an agreement.
c) establishment, exercise or defence of legal claims pursuant to Article 6 section 1(f) of the GDPR, which means legitimate interests pursued by the Controller.
d) provided that marketing consents are given, these data are also processed for marketing purposes (the basis for processing constitutes Article 6 section 1(a) of the GDPR – the Customer’s consent).
3. The personal data recipient will be entities cooperating with the Controller, which support it in ongoing activity by providing administrative, marketing, IT services as well as suppliers of orders placed on the online store.
4. The Controller does not intend to transfer data to third countries and international organisations
5. Personal data provided for the purpose of processing and handling of the order will be stored until limitation periods of claims arising from the executed orders expire, while data processed for marketing purposes – until the consents are withdrawn or an objection to their use is lodged.
6. Customers have the right to request access to their personal data, to rectification, to erasure, to restriction of processing as well as the right to data portability, to withdraw their consent to the data processing at any time, which, however, does not affect the lawfulness of processing based on consent before its withdrawal. Should it be established that a personal data breach has occurred, the Customer has the right to lodge a complaint with the President of the Personal Data Protection Office with its registered seat in Warsaw.
7. All consents are voluntary. The Customer can give each consent upon setting up an account on the online Store, as well as later in the profile or browser settings.
§ 12. Final provisions
1. Sales Agreements are concluded in Polish.
2. The Seller reserves the right to make amendments hereto for relevant reasons (i.e. amendments to the legislation; payment and delivery method changes, changes of the scope, prices or form of the provided Electronic Services, changes of the Seller’s address) – to the extent to which these changes affect the performance of the provisions hereof. Amendments hereto will not in any way affect the already the existing rights of Customers who are also Consumers and use the Online Store or conclude Sales Agreements prior to the day on which these amendments enter into force, in particular amendments hereto will not affect Orders already placed as well as concluded, currently processed or already performed Sales Agreements.
3. The amendments hereto are binding from the day of their publication on the following website www.protectedbyjames.com and apply to Sale Agreements concluded after this date.
4. In the case of matters not regulated by these Terms and Conditions, the provisions of the generally applicable Polish law apply and, in particular, of the Civil Code, of the Act on provision of services by electronic means of 18 July 2002 (Journal of Laws 2017.1219, consolidated text), the Act on out-of-court resolution of consumer disputes of 9 November 2016 (Journal of Laws 2016.1823) as well as of the Act on consumer rights of 30 May 2014 (Journal of Laws 2017.683, consolidated text).