REGULATION

§ 1 General provisions

 

  • Kamena Jewellery online store, hereinafter referred to as ‘Store’, operating at http://www.kamenajewellery.com/ is conducted by Joanna Soroczak and Agnieszka Skalska, hereinafter referred to as ‘Seller’, who runs business activity as:
  • Within the Store, the Seller offers online sales of goods, in particular jewelry, hereinafter referred to as ‘Goods’.
  • Jewelry offered in the store is hand made so every individual item of jewelry is unique.
  • A party to agreements concluded with the Seller in reference to sales or provision of the Service realized in the Store may be a physical person who has full capacity to perform acts in law, a physical person who has partial capacity to perform acts in law (a minor older than 13 or a partially incapacitated person) and has a permission from a statutory representative as well as a legal person or an organizational unit that has no legal personality, but has legal capacity, hereinafter referred to as ‘Customer’.
  • The Seller accepts orders for Goods, hereinafter referred to as ‘Orders’, via order form that is available at kamenajewellery.com.Orders are realized with a maximum of up to 10 working days. The order delivery date is the time within which an order is carried out including the delivery of the package by the courier. National shipment is carried out via UPS Polska at the cost of 4 EUR. Shipment to Great Britain, Germany and France is done via Goglobal24 service at the cost of 5 EUR. Shipment to other EU countries is carried out via UPS Poland at the cost of 10 EUR. Cost of shipments out of the EU are quoted individually for each case.
  • Directly before placing an Order through clicking the ‘Order and pay’ button, the Customer is informed about the main features of the Order, including in particular the name of ordered Goods and total amount to be paid that embraces the price of the Goods and delivery costs of the Goods on the Customer’s Order.
  • Directly after placing an Order the Seller accept Customer’s offer, confirming that the agreement has been concluded by sending an email to the Customer’s address also providing information on the main features of the service as stated in the section above as well as content of these Terms and conditions, meeting the requirements of article 21, section 1 of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2014, item 827 with later changes).
  • The Seller fills Orders (delivers ordered Goods) in Poland and beyond its borders, in selected countries whose list is available to Customers while they place Orders.
  • The Seller offers Customers the following options to pay for ordered Goods:

KAMENA A.SKALSKA J.SOROCZAK S. C.  UL. MARSZAŁKOWSKA 58  00-545 WARSZAWA  NIP: 7010577578, REGON: 364402937 KONTO BANKOWE: mBank 52 1140 2004 0000 3402 7623 5928

 

§2. Terms regarding sales of Goods

  • A bank transfer to our account: PL89 1140 2004 0000 3612 0459 4810 SWIFT/BIC – BREXPLPWMBK [Name of bank: MBank]. Please note the order number as the title of transfer.
  • E-transfer supported by the service Dialcom24 Sp. z o.o.. – the payment is processed in real time
  • PayPal
  • If the customer chooses to make a bank transfer as the form of payment, please note that the full amount must be made within 5 working days, where failure to do so would result in the cancellation of the order.
  • The Seller issues a cash register receipt for every Order placed by a Customer who is a consumer according to regulations of the Civil Code.
  • If a Customer’s Order cannot be filled because of unavailability of Goods from the Order, the Customer will be immediately informed about it and the money they paid for the Goods and their delivery will be immediately returned.


 

§ 3 Prices

  • Prices given in the Store are in Euros and they include VAT.
  • The gross price that is given next to Goods while placing an Order is binding the moment Customer places an Order .
  • Current information on delivery costs and payment methods is available while the Customer chooses delivery and payment methods for selected Goods, that is, before the Order is placed.

 

§ 4 Terms of delivery of Goods

  • Orders are realized with a maximum of up to 10 working days. The order delivery date is the time within which an order is carried out including the delivery of the package by the courier. National shipment is carried out via UPS Polska at the cost of 4 EUR. Shipment to Great Britain, Germany and France is done via Goglobal24 service at the cost of 5 EUR. Shipment to other EU countries is carried out via UPS Poland at the cost of 10 EUR. Cost of shipments out of the EU are quoted individually for each case.

  

§ 5. Cancellation policy

  • Under the terms of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2014, item 827 with later changes), every Customer who purchased Goods in the Store as a consumer as defined by the regulations of the Civil code, can withdraw from the sales agreement within 14 from the moment the item is received, and it is enough to inform the Seller about it by sending the returns form within these 14 days. Complete the form with the proof of purchase (receipt, the invoice or other document for example credit card statement or e-mail correspondence) and return goods to below address:
  • The Customer will return the product which has not been used in any way and shows no signs of wear.
  • The Customer sends back the goods which are the subject to the contract at his own expense and risk. 
  • The Customer needs to return back the product immediately but no later than 14 days from the moment the Seller has been informed about withdrawing from the contract.
  • The Seller no later than 14 days from being informed by Customer about withdrawing from the contract will return the funds to the Customer account or means of payment from where it came. The Seller will provide the Customer with a full refund of the purchase price. The Seller might wait with returning the funds until he will receive goods which are subject of withdrawing from the contract.

KAMENA S. C.

UL. MARSZAŁKOWSKA 58

00-545 WARSAW

POLAND

 

§ 6. Complaints

  • The Seller is obliged to deliver Customers Goods that are free from physical and legal flaws. A physical flaw consists in particular in nonconformity of Goods with the agreement, especially:

lack of features the Goods should have due to the purpose specified in the agreement or resulting from circumstances or function;

  • lack of features of the Goods whose presence the Seller guaranteed to Customers, especially in the description featured by the Store,
  • inability to use the Goods for the purpose the Customer specified to the Seller while concluding the agreement in the case when the Seller did not make any reservations about such use of the Goods,
  • delivery of Goods to Customers in incomplete condition.
  • If the Goods have flaws that were present while the Customer received the Goods or the Goods were damaged during delivery, the Customer has the right to send them back, together with a written complaint, to the Seller’s address; shipment costs are covered by the Seller. The Seller requests that Customers provide the most precise description of the flaw possible and information how Customers want the complaint to be handled as well as a copy or original of the proof of purchase (receipt). The Seller assures that if need be, Customers will be asked to complement the complaint. Possible additional questions or requests from the Seller will be made exclusively for Customer’s sake, to handle the Customer’s complaint in the best and quickest possible way and they do not affect the time of response to a complaint.
  • The Seller is responsible for flaws of the Goods that existed at the moment of shipment or resulting from circumstances accompanying the Goods at the moment of shipment provided that they were discovered within two years upon delivery of the Goods to the Customer.
  • Customers can demand exchange of defective Goods for ones that are free from flaws or their repair. They can also withdraw from the agreement or demand a discount unless the seller suggests exchange or repair.
  • The Seller is obliged to exchange defective Goods or remove the flaw in a reasonable time, avoiding redundant inconvenience for Customers.
  • Unless the Seller immediately and without redundant inconvenience for Customers removes the flaw or exchanges defective Goods for ones free from flaws, Customers have the right to place a statement on price reduction or withdrawal from agreement. This provision does not apply to relations between the Seller and Customers who are not consumers as defined by the regulations of the Civil code.
  • The Seller is not held accountable for mechanical damage of Goods unless they were present the moment the Goods were delivered to the Customer or unless they occurred as a consequence of flaws present in the Goods the moment the Customer received them. Discovery of such mechanical damage will be the grounds to consider complaint unjustified.
  • The Seller will respond to a Complaint filed by a Customer who is a consumer as defined by the regulations of the Civil code within 14 days upon the day it was made and in other cases – within 30 days.
  • The Seller is accountable to Customers under the terms specified above:
  • to Customers who are consumers as defined by the regulations of the Civil code, if the flaw was discovered within two years upon delivery of the Goods and the Seller is informed about it no later than within a year upon the moment the flaw was discovered,
  • to Customers who are not consumers, if the flaw is detected within two years and the Seller is immediately informed about it, no later than within seven days upon discovery of the flaw.
  • When it comes to Customers who are not consumers as defined by the regulations of the Civil code, they lose the right to statutory warranty claims unless they examine the Goods immediately after receiving them.
  • Customers can take advantage of out-of-court methods of handling complaints and pursuing claims, especially if the Seller does not handle complaints as expected by Customers who are consumers as defined by the regulations of the Civil code. To this end Customers can choose to:
  • file a motion to the provincial Trade Inspection Authority, asking to institute mediation proceedings (free of charge) in order to settle the dispute amicably,
  • turn to the permanent consumer arbitration court at the corresponding provincial Inspection Authority,
  • turn to the district (municipal) consumer advocate for free advice; the advocate can ask the Seller for amicable settlement of the dispute on Customer’s behalf or file a lawsuit against the Seller on Customer’s behalf.
  • Detailed information on the possibility of taking advantage of out-of-court methods of handling complaints and pursuing claims mentioned above in points a) to c) by customers as well as rules of access to these procedures are available in the offices and on websites of provincial Trade Inspection Authorities and district (municipal) consumer advocates as well as social organizations whose statutory tasks include protection of consumer rights.

 

§ 7. Privacy Policy

  • The seller processes and deal with the data of the customer in accordance with the law and in confidentiality.
  • The seller does not give or pass on, sell or provide to third parties the personal information collected from customers.
  • The customer shall at all times have the ability to access, modify, update, or delete his/hers personal data.
  • The customer in placing an order specifies that he/she allows the use of its personal information by the seller and agrees to it being processed by the seller in order to carry out the order.
  • The customer may opt in to receive information by emails related to offers by the Seller and other related commercial and creative activities.
  • at any point, blocking placement of these files on their devices.

 

§ 8. Final provisions

  • The Seller has the right to change the offer of Goods as well as launch, change and cancel promotional actions, including loyalty programs, which will have no influence whatsoever on Customers’ Orders that have been earlier placed and/or filled.
  • These Terms and conditions come into effect on the day they are posted in the Store and it will remain in force for an indefinite period of time.
  • Changes of these Terms and conditions come into effect on the day new Terms and conditions are posted at store; these changes apply to Customers who are consumers as defined by the regulations of the Civil code provided that they accept them. Changes to Terms and conditions do not affect Orders that had been placed by Customers before such changes came into effect; such Orders will be filled under previous rules.
  • Any and all disputes that shall occur between the Customer and the Seller on the basis of or in relation with the agreement concluded under these Terms and conditions, will be settled by the parties amicably. In case they are unable to reach an agreement, the disputes will be settled by the Polish common court that has jurisdiction over the Seller’s seat; this provision does not apply to Customers who are consumers as defined by the regulations of the Polish Civil code.
  • The Seller informs that there is an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform); it is available at http://ec.europa.eu/consumers/odr/.
  • Relations between Customers and the Store are regulated by the Polish law to the extent to which application of this law has not been excluded or limited by the norms of EU regulations or the norms of international agreements to which Poland is a party.
  • The Seller’s accountability towards Customers who are not consumers as defined by the regulations of the Civil code is limited to responsibility for actual damage and is limited to the amount that was paid for the Goods.

 

 

PRIVACY POLICY

 

Privacy Policy

  1. The seller processes and deal with the data of the customer in accordance with the law and in confidentiality.
  2. The seller does not give or pass on, sell or provide to third parties the personal information collected from customers.
  3. The customer shall at all times have the ability to access, modify, update, or delete his/hers personal data.
  4. The customer in placing an order specifies that he/she allows the use of its personal information by the seller and agrees to it being processed by the seller in order to carry out the order.
  5. The customer may opt in to receive information by emails related to offers by the Seller and other related commercial and creative activities.

COOKIES Policy  

  1. The shop does not automatically collect any data, apart from the information included in cookie files.
  2. Cookie files are information data, namely text files, which are stored in the terminal unit of the Shop User and are intended for the efficacy of use of the shop's website. Usually, cookies contain a name of a website they come from, the time of being stored in the terminal unit and a unique number that corresponds.
  3. The shape is responsible as the entity for placing cookies in the terminal unit of the Shop User, and in gaining access to them.
  4. Cookie files are used for: a) adjusting the Shop websites contents to the preferences of the User and optimization of using the website; these files in particular allow to identify the device of the Shop User and display the website correctly, adjusting it to the individual needs b) generating statistics, which helps to understand how the Shop Users use our websites, which allows us to improve the structure and contents;
  5. Within the framework of the Shop, there are two basic kinds of cookie files used: Session cookies and persistent cookies. Session cookies are temporary files, which are stored in the final unit of the User to the moment they leave the website or close the software (browser). Persistent cookies are stored in the final unit of the User for a definite time as a cookie files up until the User removes them.
  6. Within the framework of the Shop, there following types of cookie files are used: a) Strictly necessary cookies, allowing for the use of services available within the framework of the Shop, e.g. authentication cookies, used for services that require authentication within the framework of the Shop b) Secure cookies, e.g. Which are used for detecting abuses within the scope of authentication within the framework of the Shop c) “efficiency” cookies, allowing to collect information about the way of using the Shop websites; d) “functional” cookies, allowing to “remember” User’s settings and personalization of User’s interface, e.g. within the scope of selected language or region the User come from, font size, look of the website, etc.; e)  “advertising” cookies, allowing to provide the User with advertising contents that are better fitted to his interests.
  7. In many cases, the software used for website searching (browser) allows to store cookie files in the final unit of the User by default. The Shop Users can change the cookie files settings at any time. The settings can be changed in order to block automatic service of cookie files in browser settings, or to inform about each of their being placed in a device of the Shop User. Detailed information about possibility and ways of cookie files service is available in the software settings (browser).
  8. The Shop Operator informs that limiting the use of cookie files may affect some functionalities available on the Shop websites.
  9. Cookie files placed in the final unit of the Shop User may also be used by advertisers or partners cooperating with the Shop Operator.
  10. More information about cookie files is available at www.allaboutcookies.org or in the section “Help” of the browser.


(All rights to this policy are reserved by IAB Polska)



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