Terms and Conditions

of using the art-jewels.pl online store


The following Terms and Conditions of Sale do not exclude or limit the consumer’s rights arising from the strictly binding regulations, which may not be altered or overruled in the course of the sale and purchase agreement.


§ 1 General Provisions

1. These terms and conditions (Terms and Conditions) specify the rules governing use of the online store found on the website www.art-jewels.pl („Sklep") by consumers, in light of the applicable legal regulations.

2. The owner of and administrator of the online store operating at the Internet address www.art-jewels.pl is:

Art-Jewels Artystyczna Pracownia Jubilerska Ewa Skowron (Artistic Jewelry Workshop)
ul. Zdrojowa 12
57-320 Polanica-Zdrój
Tax ID: 883-170-29-09
REGON: 021002095

3. The store is authorized to sell in-house produced jewelry and products by other brands.

4. The service is intended for use by individuals with full legal capacity.

5. Before placement of an order the Customer has the right to negotiate the provisions of the agreement with the Seller. In the event of the Customer’s resignation from the possibility of concluding an agreement by way of individual negotiations, these Terms and Conditions and generally applicable legal regulations shall apply.

6. Any further information regarding the functioning of the Store and placement of orders is available under the telephone number +48 781 279 533 and by writing to the e-mail address: sklep@art-jewels.pl.
7. All products offered at the Store are brand-new, free of legal and physical faults, and introduced to the Polish market in accordance with the law.

8. The object of the Store’s operation is the retail sale of finished and custom made jewelry via the Internet.

9. The Store attests for the quality of every product featuring diamonds with a Certificate.

10. In order to correctly use the Store, the User should have at their disposal computer hardware or another multimedia device with Internet access and software which meets the following minimum requirements:Internet Explorer browser, version 7.0. or higher, Firefox version 11.0. or higher, Google Chrome version 12.0. or higher; recommended display resolution: 1024x768; Cookie and Java Script support enabled.

11. The User undertakes to use the Store in accordance with the law and good practices, taking into consideration respect for the personal rights, as well as copyrights and intellectual property rights of third parties.

12. The User undertakes to enter factually correct information.

13. The User is prohibited from providing content which is deemed illegal.

14. The personal data files have been registered with GIODO (information available at the address: https://egiodo.gov.pl).

15. The Customer has the opportunity to become familiar with the code of good business practices. The code of good business practices can be found in the 23rd of August 2007 Act on the prevention of unfair market practices. The current wording of the Act is available at the addresshttp://isap.sejm.gov.pl/.

16. In the event of a dispute with the Seller, the Consumer is entitled to amicably settle the dispute by: addressing the Permanent Consumer Arbitration Court, addressing the regional inspector of the Commercial Inspectorate, as well as through mediation. The Consumer may also receive free of charge assistance in settling the dispute from the Consumers’ Federation, under the free consumer helpline: 800 007 707.

17. Definitions:

1) TERMS AND CONDITIONS– the terms and conditions of the Store available at: www.art-jewels.pl

2) STORE–the online store available at the address: www.art-jewels.pl

3) CUSTOMER – an individual, a legal entity purchasing a product through the online store available at the address: www.art-jewels.pl

4) ORDER – a declaration of intent submitted by the Customer through the Store with the direct aim of entering into a sales agreement.

5) USER – any entity using the online Store.

6) ACCOUNT – the User’s individual administration panel available after registering and logging in to the Store, defined by a login and password, used to conclude sales agreements.

7) REGISTRATION FORM – a form available at the online Store, which enables a User to register an Account.

8) REGISTRATION – a procedure which involves the User establishing an Account at the Store.

9) SALE AGREEMENT–the product sale agreement concluded between “Art-Jewels” Artystyczna Pracownia Jubilerska with a registered office in Polanica-Zdrój and the Customer via the online store.

10) WORKING DAY – days from Monday to Friday, excluding Bank Holidays.

11) NEWSLETTER – an electronic distribution service provided by the Store via e-mail, which enables all subscribed Users to automatically receive the contents of subsequent editions of the newsletter, containing information regarding products and promotions at the Store.

12) GOOD(-S), PRODUCT(-S) – any item/items sold through the online Store

13) CONSUMER – an individual who purchases products through the online Store.

14) ELECTRONIC SERVICE–a service provided electronically by the Store to the benefit of Customers via the website: www.art-jewels.pl

 

§ 2 Electronic services at the online store–terms of conclusion

 
1. The Store provides the following Electronic Services:

Registration and management of an Account at the Store

Quick Puchase Form

2. Use of the Account is possible after carrying a total of four subsequent steps: (1) provision of an e-mail address (in the field available after clicking the “Register an Account” button or after adding a product to the cart); (2) clicking the “Create Account” button; (3) filling out the personal information form (name, surname, password, optionally: date of birth); (4) clicking the “Register” button.

3. After carrying out the above four steps, the account is automatically created and the User is able to manage their personal information and orders.

4. Use of the Quick Purchase Form commences upon adding the first Product to the electronic shopping cart at the Store and enables quick purchases – placement of an order without the requirement to register an account at the Store. Placement of an Order takes place after carrying out a total of three subsequent steps: (1) filling out the Quick Purchase Form (e-mail, name, surname, address, postal code, city, country, mobile telephone number) and (2) clicking the “Finalize your order” button. (3) The Customer must then proceed according to subsequent system prompts, until the purchase is finalized by clicking the button “I confirm the order with an obligation to pay”.

5. The Newsletter may be ordered by checking the corresponding option during Account registration or Order placement.

6. The Account management and Newsletter services at the Store are provided for an unspecified period.

7. Use of the Quick Purchase Form is one-off in nature and is concluded upon placement of an Order via the form.

 

§ 3 Order execution


1. The Customer may place orders at the Store 24 hours a day, 7 days a week.

2. The store conducts sales within the territory of the Republic of Poland and abroad.

3. The product information presented at www.art-jewels.pl does not constitute an offer in light of the provisions of the Civil Code; the product information constitutes an invitation to enter into a sales agreement.

4. Placement of an order constitutes an offer submitted by the Customer in light of the Civil Code.
5. To place an order the Customer should add products which they intend to purchase to the “cart”. Adding a product to the “cart” is not tantamount to placement of an order. Goods may be added and removed from the “cart”. The “cart” allows the Customer to manage the ordered products and calculate the final order value.

6. In order to finalize the order, the Customer must add the selected products to the “cart”, specify the delivery type and payment method, followed by clicking the “Proceed to order execution” button. The order process is completed by clicking the button “I confirm the order with an obligation to pay”. The Customer may place an order after logging in to their account or, in the event of having no account registered, provide the information necessary to carry out the agreement by the Store via the Quick Purchase Form.

7. An order placed by the Customer in the manner described above is confirmed via e-mail. The time of sending a confirmation of order acceptance to the Customer is considered to be the conclusion time of the agreement.

8. The ordered products shall be delivered to the address specified by the Customer. A Customer may also select a different delivery address or claim the order at the brick and mortar store.

9. The Customer is entitled to choose the option: “I want the order to be packed in decorative packaging”, available after selecting the shipment option. After prior information sent to the Store, there is a possibility to receive a bill separately to the Customer’s address.

10. All products purchased at the Store are packed in free of charge, elegant packaging.

11. The Customer may modify the placed order by telephone at the number +48 781 279 533 and by writing at the e-mail address: sklep@art-jewels.pl.

12. It is impossible to modify the order which has already been sent.

13. Performance of an Order placed on working days after 12:00 and on Saturdays, Sundays and holidays shall commenceon the following working day. The condition of commencing performance of an order by the Store is the Customer’s payment of the full order value or selection of the “cash on delivery” shipment option.

14. Recording, securing and granting Customers access of the contents of concluded Sales Agreements takes place through: (1) making these Terms and Conditions available at the Store’s website, (2) sending an e-mail message specified in  § 3 pt. 7 to the Customer, as well as (3) attaching a cash register receipt to the delivery. The contents of the Sales Agreement are additionally recorded and secured in the Store’s IT system.

 
§ 4 Payment methods


1. All prices are expressed in Polish zlotys, include VAT tax and do not include delivery costs. In the case of an order exceeding the amount of 300 PLN, the Store shall cover the costs of one-time delivery via standard parcel to one location specified by the Customer within the territory of the Republic of Poland.

2. The Customer may choose from the following payment methods:

a)  e-transfer, credit card – payment of the full order value arising from the calculation to the Stores bank account before delivery of the ordered goods; the payment is carried out via PayU. The order is executed after recording the payment on the Store’s account.

b) Payment via traditional money transferonto the Store’s bank account:
account number: Bank PeKaO SA  47124019651111001054230063
please enter the order number in the payment title; the order is executed after recording the payment on the Store’s account.

c) Cash on delivery paymentat the moment of delivery receipt.

d) Payment by cash/card upon personal collection of goods.

3. Settlements of transactions carried out via electronic payments and pay cards are performed in accordance with the Customer’s choice through the PayU.pl service. Servicing of electronic and pay card payments is carried out by: PayU.pl – the PayU S.A. company with a registered office in Poznań (head office address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Entrepreneurs’ Registry of the National Court Register under the number 0000274399, registration files kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, share capital in the amount of 4.000.000 PLNfully paid in, Tax ID: 779-23-08-495.

 

§ 5 Delivery performance

 
1. The ordered products are delivered to the Customer via courier parcel or cash on delivery courier parcel.

2. Personal collection is available at the address: ul. Zdrojowa 12, 57-320 Polanica-Zdrój in the days: from Monday to Friday between the hours of 10:00 and 18:00 and on Saturdays between 11:00 and 16:00. (excluding Bank Holidays).

3. The delivery shall be made to the address specified by the Customer in the order.

4. The ordered Goods are delivered via the Polish Post’s Kurier 48 service and the UPS Polska Sp. z o. o. courier company. Deliveries are made on working days.

5.  Domestic deliveries should reach the Customer within 2 working days from the date of dispatch. Deliveries abroad should arrive within 6 days from the date of dispatch.

6. All costs associated with the performance and insurance of shipments within Poland are covered by the Store. The shipping costs to other countries in the EU is 35,00 PLN. Information regarding the delivery costs is also provided on the Store’s website in the “How to buy – Delivery performance” tab.

7. The term of delivery of Goods to the Customer is 5 Working Days from the time of crediting the full value of the order on the Store’s bank account, unless a different delivery term is stated in the description of a given Product or during placement of an Order. If the Customer chooses the “cash on delivery” payment method, the delivery term is 5 Working Days from the conclusion date of the Sales Agreement.

9. If it is determined that the packaging of the delivery is damaged or there are any other inconsistencies with the order, the Customer should contact the Store as soon as possible. It is recommended to not accept the delivery and draw up a damage protocol in the presence of the courier.


§ 6 Complaints

 

1. Consumer Customers purchasing Goods for purposes not associated with any business enterprise are granted rights arising from the provisions of the 30th of May 2014 Consumer Rights Act.

2. A complaint regarding Goods should be submitted at the address Art-Jewels Artystyczna Pracownia Jubilerska, ul. Zdrojowa 12. 57-320 Polanica-Zdrój or at the e-mail address: sklep@art-jewels.pl, or made personally at the address provided above.

3. Complaints of Goods shall be processed within 14 day from the submission date. The Customer shall be informed of the course of processing the complaint via e-mail or telephone.

4. Art-Jewels informs of the possibility to use extrajudicial methods of processing complaints of Goods, including by way of the Customer filing an application to instigate mediation or an application to investigate the matter in front of a court of arbitration upon conclusion of the complaint process (the application form may be downloaded at the websitehttp://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating by the Regional Inspectorates of the Commercial Inspection office is available at the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Extrajudicial assertion of claims following the complaint procedure is free of charge.

 
§ 7 Right to withdraw from an agreement - returns

 
1. A Consumer Customer who has entered into a remote agreement may withdraw from it without for convenience, by way of submitting an appropriate declaration within 14 (fourteen) days from the delivery of the object of agreement. To observe the above time limit it is sufficient to send the declaration before its expiry, in particular via e-mail at the address sklep@art-jewels.pl or via post at the address: Art-Jewels Artystyczna Pracownia Jubilerska, ul. Zdrojowa 12, 57-320 Polanica-Zdrój.

2. An Agreement Withdrawal form is available under the How to Buy tab, however its use is not mandatory.

3. The Storeshall refund the paid amount using the same payment method which was used by the Customer to make the payment for the order, unless the Customer expressly agrees to a different refund method, as long as it is not associated with any costs for the Customer.

4. In the event of withdrawal from an agreement, the agreement is considered null and void and the Customer is relieve of all obligations. What the parties have rendered shall be returned in an unaltered state.

5. In relation to exercising the right to withdraw from a sales agreement concluded remotely, the Customer shall bear the direct costs associated with returning the goods to the Store.

6. In accordance with art. 38 item 3, the consumer is not granted the right to withdraw from an agreement concluded outside the company’s premises or remotely in reference to agreements: in which the rendered object is a non-prefabricated item produced according the consumer’s specifications or serving the consumer’s individualized needs. Such goods include goods made on custom order, i.e. goods featuring, in particular, individual carvings made at the Customer’s request. Goods with specific properties, such as properties specified by the consumer in the placed order or made on the Customer’s individual order, i.e. strictly associated with the individual, are not subject to return.

7. The refund of costs takes place within 7 days following the Store’s receipt of the returned goods.

 

§ 8 Personal data protection

All personal data provided by our clients is protected in a reliable and reliable manner. Only a limited number of authorized persons have access to them.

2. By placing an order in the online store Art-Jewels, the customer voluntarily agrees to the processing and use of his personal data. These data are used only to fulfill orders.

3. The administrator of personal data is ART-JEWELS ARTYSTYCZNA PRACOWNIA JUBILERSKA in Polanica-Zdrój, ul. Zdrojowa 12, 57-320 Polanica-Zdrój, Poland

4. For more information about the processing of your personal data or to delete your personal data, contact us:

Contact details:

e-mail: sklep@art-jewels.pl

postal address: Inspector of Personal Data Protection, ART-JEWELS , UL. ZDROJOWA 12, 57-320 POLANICA-ZDRÓJ, Poland

5. We store personal data for the duration of the contract concluded with the Customer, and also after its completion for the purposes of the order placed in our art-jewels.pl store, for a maximum of 10 years from the date of completion of the contract.

6. The customer has the right to lodge a complaint regarding the processing of personal data by artjejewels.pl to the supervisory body, which is the Inspector General for Personal Data Protection (address: Inspector General for Personal Data Protection, 2 Stawki St., 00-193 Warsaw) .

7. The PRIVACY POLICY contains full information on the protection of personal data.

§ 9 Final provisions

 

1. Keeping in mind the safety and comfort of the Customer, when carrying out orders, the Store ensures that any inconveniences at any stage of the ordering process – if such should occur – shall be consulted with the Customer and resolved by way of mutual agreement. The Store shall make every effort to ensure the Customer’s satisfaction.
2. Users may contact the Store using the following methods:

  • By telephone: +48 781 279 533
  • Via e-mail: sklep@art-jewels.pl
  • In writing at the address: Art-Jewels Artystyczna Pracownia Jubilerska, ul. Zdrojowa 12, 57-320 Polanica-Zdrój.

3. The Store may modify the contents of these Terms and Conditions upon notifying Users of the expected scope of changes, no later than within 14 days before the effective date of such changes.

4. The appropriate legal regulations in force within the territory of the Republic of Poland, in particular: the 23rd of April 1964 Civil Code (Journal of Laws no. 16, pos. 93 further amended), the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014, no. 0, pos. 827) and the 29th of August 1997 Personal Data Protection Act (uniform text: Journal of Laws of 2002, no. 101, pos. 929 further amended) shall apply in matters not regulated by these Terms and Conditions.