Terms and Conditions

Distance contracts between the Clients and JML DIVING sp. z o. o. registered in Katowice - Rules of Procedure - PDF - download (click here)

Distance contracts between the Clients and JML DIVING sp. z o. o. registered in Katowice - Rules of Procedure

§1

General rules

1. These rules of procedure determine the regulations of conclusion of distance contracts, including submitting an order and its realization, complaint filing and returning the purchased product. These regulations apply to all the orders that have been submitted since 16th of September 2015.

2. The owner and the manager of the online store acting under the address: jmldiving.com is JML DIVING spółka z ograniczoną odpowiedzialnością (private limited company) based in Katowice (40-172), ul. Grabowa 2, recorded  in the Register of Entrepreneurs of the KRS (National Court Register) by district court Sąd Rejonowy Katowice-Wschód in Katowice, under KRS number: 452746, VAT reference number NIP: 9542741766, company registration number REGON: 243190765 (hereinafter referred to as "JML DIVING").

3. All the products offered by JML DIVING are brand new, free from material and legal defects and introduced to the market legally, unless the description of the products informs directly that it is a used product.

4. The subject of the services referred to in these rules of procedure is the act of selling to the Client the products presented on the website: jmldiving.com, within the organized system of distance contracts conclusion that does not require the simultaneous physical presence of the parties to the contract, using exclusively one or more means of distance communication till the moment of concluding the contract.

5. The terms used in these rules of procedure refer to:

a. Client - natural person, legal person or unincorporated entity that has the legal powers accorded to it under the law that submits an order in the online store.

b. Consumer - natural person that accomplishes legal acts with JML DIVING that is not related directly to their economic or professional activity.

c. EU economic operator - legal person or unincorporated entity that has the legal powers accorded to it under the law, that conducts an economic activity in the EU, that is liable to VAT in one of the Member States of the EU, where its economic activity is registered. This economic operator shall be confirmed in the VIES system.

d. Non-EU economic operator - legal person or unincorporated entity that has the legal powers accorded to it under the law that conducts an economic activity outside the EU.

e. VIES system - data base of tax authorities in the EU countries that contains the information provided by the economic operator during the registration process (name, address, VAT number, date of issue, validity period, etc.).

f. Distance contract - contract concluded with the Client within the organized system of distance contracts conclusion that does not require the simultaneous physical presence of the parties to the contract, using exclusively one or more means of distance communication till the moment of concluding the contract.

6. These rules of procedure determine the conditions of distance contract conclusions, as well as the obligations of JML DIVING, rules and mode of distance contract conclusions.

7. These rules of procedure are also the rules of procedure referred to in Article 8 of the Act of 18 of July 2002: Electronically supplied services.

8. The use of the online store jmldiving.com is possible only if the computer system used by the Client meets the minimum technical requirements, in other words, if one of the following browsers is installed:

·         Chrome, version 30 or higher,

·         Firefox, version 34 or higher,

·         MS Internet Explorer, version 9 or higher,

·         Opera, version 12 and 30 or higher,

·         Safari, version 4 or higher,

·         Microsoft Edge, version 12 or higher.

§2

Submitting an order and its realization

1. The Client has the right to submit an order after previous registration (creating of account) on the website jmldiving.com, but the registration is not necessary.

2. When creating the account or submitting the order without previous registration, the Client is obliged to complete and accept an order form. The condition of submitting the order is to accept these rules of procedure by the Client and to give all the Client's data tagged as obligatory ones for proper realization of the order by JMLDIVING.

3. The orders may be submitted 24 hours per day during the whole year. The orders shall be made via jmldiving.com website.

4. Submitting the order via website shall be construed as adding a product from JML DIVING offer presented on jmldiving.com to the basket and filling the order form according to the instructions.

5. After submission of the order the Client receives via e-mail information about submitting the order on jmldiving.com website (that includes in particular: list of the products that have been ordered, shipping address, order value, payment method, way of shipping/delivery).

6. When JML DIVING staff verifies the Client's data (that is not a final consumer) and proper order submission, the Client receives via e-mail information that the order is accepted and it waits for the realization process.

7. The EU or non-EU economic operator status related to the right to buy at a net price is declared by the EU or non-EU economic operator.

8. The status referred to in paragraph 7 above will be verified by JML DIVING staff, for example, by VIES system. As a result, the right to buy at a net price declared by the EU economic operator can be changed.

9. If the EU or non-EU economic operator data are verified and they do not justify buying at a net price, the applicable VAT will be added to the order. In this case the EU or non-EU economic operator shall pay the added value or they have the right to cancel the order.

10. After submitting the order the Client shall receive a confirmation of conclusion of distance contract that will be sent to the e-mail address provided by the Client. The confirmation shall contain all the important elements of the order.

11. All the ordered products can be paid using one of the available methods identified in "Payment methods and provisions" section on jmldiving.com website.

12. The order realization process starts:

a. at the moment of effective order submission confirmed by JML DIVING staff, in terms of the orders paid with cash on delivery or deferred payment within trade credit extended to the Client;

b. in case of traditional bank transfer, at the moment of effective order submission confirmed by JML DIVING staff, the shipping or personal pickup is possible the next working day after the reception of cash on the JML DIVING account;

c. at the moment of the reception by JML DIVING of a payment confirmation issued by an intermediary organization, under the condition of effective order submission confirmed by JML DIVING staff, in terms of paying with debit card, credit card or fast electronic transfer.

13. JML DIVING commits to selling up to 10 units or packages of product as a maximum within one order submitted by the Client. If the Client wants to order more products, they should contact JML DIVING by phone or via e-mail.

14. The information about the availability of the products offered on the website are provided in the description of each product. It informs about the whole number of the available products in all the warehouses that belong to JML DIVING and others. If the product is not available, the order shall not be realized before the stock replenishment. When submitting the order and choosing personal pickup as a delivery method, the Client has a possibility to choose the place of pickup and they can check the availability in each warehouse.

15. If the product is not available in JML DIVING warehouses, JML DIVING offers their Clients a possibility to submit the order for a product that is in the course of delivery to JML DIVING (order carried out from other warehouses), but the delivery period is 20 working days.

16. All the presented prices are:

a. gross prices for a Consumer,

b. gross prices for the Clients that are not the Consumers, neither the EU nor non-EU economic operators,

c. net prices for the EU economic operator,

d. net prices for the non-EU economic operator.

17. Each time the Client shall be informed about the total price of the ordered products, especially about the costs of transport and insurance of the product during the transport.

18. JML DIVING requires that at the moment of submitting the order the Consumer clearly confirm that they know that making the order is related to payment obligation. To submit the order it is necessary to press "order submission with payment obligation" button.

§3

Delivery and reception of the product

1. The products ordered in JML DIVING online store are delivered throughout the country and outside of Poland through the entities and methods identified in "Delivery" section of jmldiving.com website and in a selection panel of order form.

2. The orders are realized within 10 working days (warehouses that belong to JML DIVNG) and within 20 days (other warehouses).

3. Delivery costs of the ordered products are described in "Delivery" section.

4. The same day when the product is being shipped, the Client is informed about that fact via e-mail.

5. The Client shall receive a VAT invoice with every order that is delivered. The Client can receive electronic VAT invoice if during the order submission they accept receiving this kind of invoices.

§4

Withdrawal from the contract by the Consumer

1. The Consumer that concluded a distance contract has the right to withdraw from it with no need to justify it and without any costs except of the costs identified in paragraph 8 below, within fourteen days counting from the product reception. The consumer has the right to withdraw from the contract within the time limits mentioned in the previous phrase by presenting the declaration of withdrawal. Sending the declaration of withdrawal from the contract by the consumer no later than the time limit means acting in accordance with the time limits. 

2. If the withdrawal is made in accordance with the rules identified in the paragraph 1 above, the contract shall be considered as not concluded and the consumer shall be exempted from all the obligations. All the values shall be returned in the unaltered state unless the change is necessary.

3. The product shall be returned immediately to: JML DIVING, ul. Grabowa 2, 40-172 Katowice, Poland, not later than within 14 days counted from day of the withdrawal from the contract made by the consumer.

4. If the Consumer withdraws from the contract, the amount paid by them shall be returned to the bank account designated by the Consumer or in another way indicated by them immediately, not later than within 14 days counted from the day of the reception of the declaration of withdrawal from the contract.

5. JML DIVING may suspend the payment of the amount received from the Consumer till the moment of receiving back the product.

6. The Consumer is responsible only for reducing the product value as a result of using it in a way other than necessary to check the characteristics and functionality of the product.

7. Right after receiving the declaration of withdrawal from the contract from the Consumer, JML DIVING shall send to the Consumer a confirmation of its reception to the e-mail address indicated by the Client in the declaration.

8. The Consumer shall bear only the direct costs related to the returning of the product.

9. The right to withdraw from the distance contract described in this article does not refer to the Consumer in terms of the contract that is related to provide the product in a sealed container (plastic keg), that after opening can not be returned because of the health and sanitary reasons. JML DIVING informs that the products mentioned in the previous phrase are:

a. Sofnolime 797

b. Sofnolime CD

10. A model form of the declaration of withdrawal from the contract is the Annex 1 of these Rules of procedure and can be downloaded: https://jmldiving.com/data/include/cms/JML_DIVING-DECLARATION_OF_WITHRAWAL_FROM_A_CONTRACT_BY_CONSUMER.pdf.

11. The JML DIVING instructions about the right to withdraw from the contract can be found here: "https://jmldiving.com/data/include/cms/JML_DIVING-INFORMATION_OF_A_RIGHT_TO_WITHDRAW_FROM_A_CONTRACT_BY_A_CONSUMER.pdf" and it is attached by JML DIVING as an e-mail to every order made by the Consumer.

§5

Consumers' complaints

1. JML DIVING handles the complaints in accordance with the Civil Code rules in force (articles 556-5764) and in the Act of 30 May 2014 concerning the consumer rights (Dz. U. z 2014 r., poz. 827).

2. JML DIVING is responsible for non-compliance with the contract only if it is discovered within two years counted from the delivery of the product to the Consumer. This deadline starts to count again in case of exchanging the product. If the product is defective, the Consumer has a right to request a reduced price or to withdraw from the contract, unless JML DIVING immediately and without any inconvenience to the Consumer exchanges the defective product to the correct one or it removes the defects. If the product is defective, the consumer has a right to request the exchange of the defective product to the correct one or the removal of the defects. JML DIVING is obliged to exchange the defective product to the correct one or to remove the defects within a reasonable period of time and without any inconvenience to the Consumer.

3. The removal of the defects and the exchange of product free of charge means that JML DIVING is obliged to return the expenses incurred by the Consumer, especially the costs of disassembly, delivery, labour, materials, reinstallation and restart.

4. Instead of the removal of the defects free of charge offered by JML DIVING, the Consumer has a right to request the exchange of the product to the one that is free of defects, or instead of the exchange of the product they have a right to require the removal of the defects, unless bringing the product into conformity with the contract in a way chosen by the Consumer is impossible or it requires excessive costs in comparison with a way offered by JML DIVING. When evaluating the excessiveness of the costs the factors taken into account are the value of the product that is free of defects, type and importance of the defect and the inconveniences of the Consumer caused by different way of satisfying their needs.

5. The Consumer shall be informed about the consideration of the complaint by JML DIVING by e-mail, telephone or other means of communication chosen by the Consumer within 14 days.

6. If the Consumer requires the exchange of the product or the removal of the defects, or they make the statement about a price reduction indicating the amount that should be reduced and JML DIVING does not reply within 14 days, the Consumer's requirement is considered as legitimate.

7. To facilitate the complaint procedures, the Consumer can make the complaint about the product by visiting the website jmldiving.com and fulfilling a model form COMPLAINT (available in the section Your account - RMA complaints department) or by fulfilling, printing and sending it to: shop@jmldiving.com or by post: Reklamacje JML DIVING sp. z o. o., ul. Grabowa 2, 40-172 Katowice. The Consumer can make a complaint through the website of the online store jmldiving.com using the section "Complaints".

§6

Complaints of the Clients that are not the Consumers

1. The Clients that are not the Consumers are excluded from the warranty.

§7

Complaint provisions related to electronically supplied services provided by the online store

1. The online store sets out the complaint procedures for electronically supplied services.

2. The Client has a right to make a complaint about electronically supplied services provided by the online store.

3. The complaint shall be sent by e-mail to: shop@jmldiving.com or presented in writing at JML DIVING office address.

4. The complaint shall indicate the Client and the circumstances that justify making the complaint.

5. The online store shall ensure that the complaints are considered without undue delay.

6. The online store shall inform the Client about the acceptance or the rejection of the complaint immediately after handling it.

7. The online store informs that using the electronically supplied services through the Internet is associated with a risk. The principal risk for every Internet user, including the people using the electronically supplied services, is the possibility of getting the system "infected" by different programmes aimed to damage it, as viruses, "bugs" or "Trojan codes". To avoid these risks it is important that the Client provides the device that they use to connect to the Internet with antivirus software and that they always upgrade it and install its latest versions.

§8

Copyright

1. All the copyrights of images and texts from JML DIVING website belong to JML DIVING. The copyrights of images or texts are not transferred to the client when they purchase the product.

2. Using the materials such as images or texts from the JML DIVING website without the author's or copyright owner's permission is violation of the author's economic rights.

§9

Scope of processing the personal data

1. The entrusted personal data are used only for the purposes of the contract or sending the orders.

2. Consumer's authorization to process personal data by JML DIVING within the meaning of the Act of 29 August 1997 concerning the personal data protection is voluntary but the absence of such approval prevents implementation of the contract and making the order.

3. The entrusted personal data are stored and protected in accordance to the rules of the law in force:

a) the Act of 29 August 1997 concerning the personal data protection

b) the Act of 18 July 2002 concerning the electronically supplied services

c) the Regulation of the Minister for Internal Affairs and Administration of 29 April 2004 concerning the documentation of personal data processing and technical and organizing conditions of devices and computer systems that are used to process the personal data.

4. JML DIVING spółka z ograniczoną odpowiedzialnością based in Katowice (40-172), ul. Grabowa 2, is a personal data controller. According to the law concerning the personal data protection sharing the personal data is voluntary and the Client has a right to access to their data, to correct them, check them and to request their removal.

5. If the Client agrees to receive commercial information, that is newsletter, their e-mail address may be used to inform them about new products, services and promotions offered by JML DIVING. The commercial information mentioned in the previous phrase includes clear description of the promotion forms, especially about the reduced prices, benefits in cash or kind that are free of charge and other benefits related to the promoted product, service or image, and clear indications of the conditions that should be met to take advantage of the benefits, if they are a part of an offer. The agreement mentioned in the previous phrase might be withdrawn anytime.

§10

Final provisions

1. Matters not regulated by these Rules of procedure shall be settled in accordance with the laws of the Polish Civil code or other appropriate acts, especially the Act of 30 May 2012 concerning the consumer rights, if the rules are related to the Consumer.

2. The Consumer has a possibility to use the extrajudicial means of handling the complaints and redress, and the principles of access to these procedures are available in the offices and on the websites of the regional (municipal) consumer ombudsman, social organizations that are dedicated to protect the consumers, Regional Inspectorate of the Commercial Inspection and under the following websites of the Office for Competition and Consumer Protection:

·         http://www.uokik.gov.pl/spory_konsumenckie.php;

·         http://www.uokik.gov.pl/sprawy_indywidualne.php and

·         http://www.uokik.gov.pl/wazne_adresy.php.

 

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