§ 1 CONTACT DETAILS

The online store jarzynka.eu is operated by:

JiW Kancelaria Prawno-Patentowa Spółka z ograniczoną odpowiedzialnością

ul. Słomińskiego 19 lok. 522
00-195 Warsaw

KRS 0000858521
NIP 5252834718
REGON 386955323

hereinafter referred to as “Administrator”.

Contact with the Administrator is possible from Monday to Friday between 09:00 and 17:00, at the address: ul. Słomińskiego 19 lok. 522, 00-195 Warsaw, by phone at +48 22 861 21 21 or by e-mail at: kancelaria@jarzynka.eu

§ 2 GLOSSARY

1. Order Form – a questionnaire filled in by the Customer when placing an order in the online store, in which the Customer must provide the following information:
   
   1. Customer’s first name and last name;
   2. Customer’s company or the entity it represents;
   3. address;
   4. e-mail address;
   5. contact phone number;
   6. NIP;
   7. type of trademark;
   8. verbal elements in the trademark;
   9. in the case of a graphic trademark – a file showing the trademark in .jpg format;
   10. goods or services for which the trademark is to be used;
   11. territory of trademark protection;
   12. payment method.
2. Customer – a natural person conducting business activity or a person authorized to represent a legal entity or other organizational unit, which is granted legal personality by special regulations, making a purchase in the online store.
3. Account – a subpage of the online store available to the Customer after registration and login, containing the Customer’s data, order history and access to purchased services.
4. Package – a set of services offered in the online store, as well as each of these services separately;
5. Privacy Policy – a document available at the following address: https://jarzynka.eu/polityka-prywatnosci/
6. Terms and Conditions – this document.
7. Online Store – the store located on the website https://jarzynka.eu/ together with all subpages.
8. Parties – the Customer and the Administrator.
9. Agreement – the sales agreement and license agreement concluded between the Parties in connection with the Customer’s purchase of a Package in the online store.
10. Office – the Patent Office of the Republic of Poland (‘UPRP’) and/or the European Union Intellectual Property Office (‘EUIPO’).
11. Trademark – the designation indicated by the Customer in the order form.

§ 3 GENERAL PROVISIONS

1. These Terms and Conditions define the rules and conditions for Customers’ use of the online store.
2. A condition for the Customer’s use of the services of the online store is that the Customer becomes familiar with these Terms and Conditions and accepts their content by checking the appropriate box in the order form.
3. To the extent that they relate to services provided electronically, these Terms and Conditions are the terms and conditions referred to in Article 8(1)(1) of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended).
4. The Administrator is entitled to set fees for the use of individual functionalities of the online store.

§ 4 CUSTOMER ACCOUNT

1. When placing the first order in the online store, a Customer Account is created.
2. The Customer creating an Account or making purchases in the online store provides their data, which the Administrator processes in accordance with the Privacy Policy [link].
3. Logging in to the Account requires providing the e-mail address and password set by the Customer when creating the Account.
4. The Customer who has created an Account has the possibility of editing contact details, editing invoice details, changing the password and viewing the order history.
5. The Administrator deletes the Account upon receiving a request for deletion of the Account from the Customer in the form of an e-mail or in writing.

§ 5 ORDERS

1. The Customer places an order in the Online Store.
2. All Packages available in the Online Store are described in detail, in particular, they contain information about the contents of the Package and its unit price.
3. To make a purchase, the Customer selects a Package and then adds it to the shopping cart.
4. The Package is transferred to the shopping cart, to which the Customer has access during the entire ordering process.
5. In order to complete the purchase, the Customer is obliged to fill in the order form, as well as accept the Terms and Conditions and the Privacy Policy [link] and make a declaration that he/she has n informed that after the Administrator has fulfilled the obligation, he/she will lose the right to withdraw from the contract, and acknowledges this.
6. After filling in the required elements of the order form, it will be possible to click the button confirming the order with the obligation to pay.
7. After confirming the order, the Customer will be redirected to an application enabling online payment, and after making the payment, to a page with confirmation of the order.
8. In the event that the Administrator does not receive the online payment within 7 days of the Customer confirming the order, the order is not considered to have n placed correctly, which means that the Agreement does not come into effect and the order will not be fulfilled.
9. Paying for the order is equivalent to concluding the Agreement.
10. At each stage of placing the order before making the payment, it is possible to cancel it. To do this, stop filling in the order form and exit the subpage containing the order form.
11. Immediately after placing and paying for the order, a message confirming the order will be sent to the Customer’s e-mail address provided in the order form. In the case where the Customer does not have an Account when making the purchase, an additional message containing the login details will be sent to the Customer’s e-mail address.
12. Order fulfillment takes 1 business day.

§ 6 PRICES AND PAYMENT

1. Prices in the online store are given in Polish złoty and include VAT.
2. The price quoted in the Online Store at the time the Customer places the order is binding on the Parties.
3. The Administrator reserves the right to change the content and prices of Packages, introduce new Packages for sale, and also to carry out and cancel promotional campaigns.
4. Only online payments are possible in the online store.
5. Payment is made by the method chosen by the Customer, via an application enabling online payment. Before making the payment, the Customer is obliged to familiarize himself with and accept the regulations of the provider of the application enabling online payment.
6. The payment is considered to have n made by the Administrator when it is credited to the account of the provider of the application enabling online payment.

§ 7 CALCULATION AND MODIFICATION OF DEADLINES

1. The day on which the Agreement is concluded is not included in the order fulfillment deadlines.
2. If the Agreement cannot be fully or partially fulfilled within the agreed deadline, the Administrator will immediately notify the Customer by telephone or e-mail and propose a different deadline for the fulfillment of the Agreement or its part. If the Customer does not accept the new deadline for the fulfillment of the Agreement, the Agreement will be terminated, and neither Party will be liable for the failure to fulfill the Agreement, with the exception of § 8. In the event of termination of the Agreement, the payment made by the Customer will be refunded to the extent to which the Agreement has not n fulfilled, unless the inability to fulfill the Agreement or its part was due to circumstances beyond the control of the Administrator. In such a case, the payment will not be refunded.

§ 8 LICENSE

1. In return for the price paid by the Customer, the Administrator grants the Customer a non-exclusive license to use all the materials made available, including research reports and training, in the following fields of exploitation:
   
   1. reproduction and multiplication – without any quantitative restrictions, by any technique;
   2. storage – including entering into computer memories;
   3. transmission in a non-public manner – including transmission over internal networks and using the Internet.
2. The license is granted without territorial restrictions for an indefinite period.
3. The Administrator does not consent to making changes to the materials made available to the Customer and is not liable for the content of these materials in the event of unauthorized changes.

§ 9 TECHNICAL REQUIREMENTS

To use the Online Store and Packages, a multimedia device with access to the Internet, a web browser and software enabling the reading of video content and files in PDF format are required.

§ 10 LIMITATION OF LIABILITY

1. The information contained in the training materials, reports on the registrability of trademarks and preliminary examinations of trademarks for oppositions or infringements of the rights of third parties is for informational purposes only and does not constitute legal advice, unless otherwise stated. The Administrator is not liable for damages resulting from the interpretation of this information by the Customer or other persons without legal consultation.
2. The information contained in the training materials, reports on the registrability of trademarks and preliminary examinations of trademarks for oppositions or infringements of the rights of third parties is current as of the date indicated therein and is not subject to subsequent updates by the Administrator.
3. Advice provided during consultations (online and offline) is provided – depending on the expert’s affiliation with a specific professional self-governing body – in accordance with the provisions of the Act of April 11, 2001 on patent attorneys (Journal of Laws of 2001, No. 49, item 509, as amended), the Act of July 6, 1982 on legal advisors (Journal of Laws of 1982, No. 19, item 145, as amended), the Act of May 26, 1982 on the legal profession (Journal of Laws of 1982, No. 16, item 124, as amended) and/or the Act of July 5, 1996 on tax advisory (Journal of Laws of 1996, No. 102, item 475, as amended).

and the codes of professional ethics and other legal acts regulating the practice of patent attorneys, legal advisors, attorneys and tax advisors issued on their basis.

§ 11 PERSONAL DATA PROTECTION

The principles of personal data protection are set out in the Privacy Policy: https://jarzynka.eu/polityka-prywatnosci/

§ 12 COMPLAINTS

1. Complaints should be submitted:
   
   1. in writing to the address of the Administrator’s registered office or
   2. in the form of an e-mail to the Administrator’s e-mail address – kancelaria@jarzynka.eu.
2. In the complaint, the Customer must provide:
   
   1. the reasons for its submission, including the date of the defect;
   2. data enabling the identification of the Agreement (e.g. order number);
   3. Customer data: first name, last name/company name, address for delivery, telephone number, e-mail address;
   4. information on what actions the Administrator should take.
3. The Administrator is obliged to consider the complaint within 14 business days of receiving it from the Customer. The Administrator will send the response to the complaint to the Customer in the same form as the complaint was sent.
4. In the event of missing information in the complaint that prevents its consideration, the Administrator will request the Customer to supplement the missing information in the same form as the complaint was submitted, within 7 business days of receiving the request. Failure to supplement the missing information will result in the complaint being rejected.

§ 13 RIGHT OF WITHDRAWAL

Without prejudice to the provision of § 5(6) of these Terms and Conditions, the Customer is not entitled to withdraw from the Agreement due to the individualized nature of the services offered in the online store.

§ 14 AMENDMENT TO THE TERMS AND CONDITIONS

1. The Administrator is entitled to amend these Terms and Conditions, including for technical, legal or organizational reasons.
2. The Administrator will post information about the amendment to the Terms and Conditions on the Online Store and will also inform Customers with Accounts directly about the amendment by sending a message to the e-mail addresses provided by them.
3. If the Customer does not agree with the amended content of the Terms and Conditions, he/she should terminate the Agreement in writing within 30 days of receiving the information about the amendment.
4. Archived versions of the terms and conditions are available at the following address: https://jarzynka.eu/#archiwalne

§ 15 FINAL PROVISIONS

1. Polish law shall govern the interpretation and application of these Terms and Conditions.
2. To the extent permitted by mandatory law, any disputes concerning Agreements concluded on the basis of these Terms and Conditions between the Parties shall be settled by the courts having jurisdiction over the Administrator’s registered office.
3. These Terms and Conditions shall enter into force on February 19, 2024.