Terms and conditions of the Polcarat Design silver jewelry online store

Terms and conditions of the Polcarat Design online store

Specifying, among other things, the rules for concluding sales agreements through the store, containing the most important information about the Seller, the store and the rights of the Consumer.

CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix No. 1: Sample withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday, excluding public holidays.

Account – a free function of the Store (a service provided electronically) regulated by separate regulations, thanks to which the Buyer can set up their individual Account in the Store.
Consumer – Consumer within the meaning of the provisions of the Civil Code.
Buyer – any entity Buying in the Store.
Regulations – these regulations.
Shop - Polcarat Design online store run by the Seller at https://polcaratdesign.pl.

Seller - DOROTA JAŻDŻEWSKA, an entrepreneur conducting business activity under the name POLCARAT DESIGN DOROTA JAŻDŻEWSKA, entered into the Central Register and Information on Business Activity kept by the minister responsible for economic affairs and keeping the Central Register and Information on Business Activity, NIP 9580969388, REGON no. 369723942, ul. Stoczniowców 7A, 84-230 Rumia. Account number: 12 1050 1764 1000 0092 5633 7941

§ 2 CONTACT WITH THE SELLER

Postal address: ul. Stoczniowców 7A, 84-230 Rumia
E-mail address: sklep@polcaratdesign.pl
Phone: 791 639 178

§ 3 TECHNICAL REQUIREMENTS

 For the proper functioning of the Store you need:
 To place an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is required.

Device with Internet access
A web browser that supports JavaScript and cookies.

§ 4 SHOPPING IN THE STORE

The prices of goods visible in the Store are total prices for the goods, including VAT.
The Seller points out that the total price of the order consists of the price indicated in the Store for the goods and, if applicable, the costs of delivery of the goods.
The goods selected for purchase should be added to the shopping cart in the Store.
Then the Buyer selects from those available in the Store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the placed order.
The order is placed when its content is confirmed and the Regulations are accepted by the Buyer.
Placing an order is identical to concluding a sales contract between the Buyer and the Seller.
The Seller will provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium no later than upon delivery of the goods.
The Buyer may register in the Store, i.e. create an Account there or make purchases without registration by providing his/her data with each possible order.

§ 5 PAYMENTS

 The placed order can be paid for, depending on the Buyer's choice:
 If the Buyer chooses to pay in advance for the order
 Payment must be made within 7 Business Days of placing your order.

By regular transfer to the Seller's bank account.
Through the payment platform:
- PayPal
- PayU
Cash on delivery, i.e. in cash upon delivery of the goods to the Buyer.

The Seller informs that in the case of some payment methods, due to their specificity, payment for the order using this method is only possible immediately after placing the order.

§ 6 ORDER FULFILLMENT

The seller is obliged to deliver goods free from defects.
The order fulfillment deadline is indicated in the Store.
If the Buyer has chosen to pay for the order in advance, the Seller will begin processing the order after it has been paid for.
In a situation where the Buyer has purchased goods with different delivery times within one order, the order will be fulfilled within the time appropriate for the goods with the longest delivery time.
```
 Countries in which delivery is made: 
```
- Republic of Poland
- Great Britain
- Germany
- Norway
- Ireland
- USA

 Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:

Through a courier company
Via the Polish Post
To InPost parcel lockers

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

The Consumer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.

 The deadline for withdrawal from the contract expires after 14 days from the date:
 In order for the Consumer to exercise the right to withdraw from the contract, he must inform the Seller,
 using the data provided in § 2 of the Regulations, about your decision to withdraw from the contract by means of an unequivocal statement
 statements (for example, a letter sent by post or information sent by e-mail).
 The receipt of purchase must be attached to the document of withdrawal from the contract.

On which the Consumer came into possession of the goods or on which a third party other than the carrier and indicated by the Consumer came into possession of the goods.
On which the Consumer came into possession of the last item or on which a third party, other than the carrier and indicated by the Consumer, came into possession of the last item in the case of a contract requiring the transfer of ownership of multiple items that are delivered separately.

The consumer may use the model withdrawal form provided at the end of the Regulations, but this is not obligatory.
In order to meet the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information concerning the exercise of his right to withdraw from the contract before the deadline for withdrawal expires.

CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT
In the event of withdrawal from the concluded contract, the Seller shall return to the Consumer all payments received from him, including the costs of delivery of the goods (with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the Consumer's decision to exercise the right to withdraw from the contract.
The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution; in each case, the Consumer will not incur any fees in connection with this refund.
The Seller may withhold reimbursement until receiving the goods or until proof of their return is provided, depending on which event occurs first.
The Seller requests that the goods be returned to the following address: ul. Sobieskiego 42, 84-230 Rumia immediately, and in any case no later than 14 days from the day on which the Consumer informed the Seller of the withdrawal from the sales contract. The deadline is met if the Consumer sends the goods back before the expiry of the 14-day period.
The consumer bears the direct costs of returning the goods.
The consumer is only liable for a reduction in the value of the goods resulting from using them in a way other than necessary to establish the nature, characteristics and functioning of the goods.
If the goods cannot be returned by regular mail due to their nature, the Consumer will also have to bear the direct costs of returning the goods. The Consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

```
 The right to withdraw from a contract concluded at a distance does not apply to the Consumer in relation to the contract:
 The right to withdraw from a contract concluded at a distance does not apply to any entity other than the Consumer. 
```
1. Where the subject of the provision is a non-prefabricated item, manufactured according to the Consumer’s specifications or intended to meet their individual needs.
2. Where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.
3. Where the subject of the provision are things that after delivery, due to their nature, are inseparably connected with other things.
5. For the delivery of newspapers, periodicals or magazines, with the exception of subscription agreements.
6. Where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract expires.
7. For the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the Consumer before the deadline for withdrawal from the contract expires and after the entrepreneur has informed him of the loss of the right to withdraw from the contract.

§ 9 COMPLAINTS

In the event of a defect in the goods, the Buyer has the option of filing a complaint about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, provided that a guarantee has been granted.

 By making use of the warranty, the Buyer may, under the terms and within the time limits specified in the Civil Code:
 The Seller requests that complaints under the warranty be submitted to the postal or e-mail address indicated in § 2 of the Regulations.

Submit a price reduction declaration
In the event of a significant defect - submit a declaration of withdrawal from the contract
Request the exchange of the item for a defect-free one
Request removal of the defect

If it turns out that in order to consider the complaint it is necessary to deliver the complained goods to the Seller, the Buyer is obliged to deliver this goods, in the case of the Consumer at the Seller's expense, to the address ul. Stoczniowców 7A, 84-230 Rumia.
If the product is covered by an additional warranty, information about it and its terms is available in the product description in the Store.
Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
The complaint will be considered by the Seller within 14 days.

OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES
```
 IN in the event that the complaint procedure does not bring the expected result
 by the Consumer of the result, the Consumer may benefit from, among others: 
```
1. Mediation conducted by the relevant Voivodship Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
2. Assistance from the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be filed. As a rule, the proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
3. Free assistance from the municipal or district Consumer Ombudsman.
4. The ODR online platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

The administrator of personal data provided by the Buyer when using the Store is the Seller.
The Buyer's personal data are processed on the basis of:

contract, or actions taken at the user’s request aimed at its conclusion, in accordance with Article 6(1)(b) of 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 – i.e. the General Data Protection Regulation (“ GDPR ”);
a legal obligation incumbent on the Seller, e.g. related to accounting in accordance with Article 6 paragraph 1 letter c of the GDPR;
the legitimate interest of the Seller consisting in processing data for the purpose of determining, pursuing or defending possible claims, in accordance with Article 6 paragraph 1 letter f of the GDPR.
the legitimate interest of the Administrator, consisting in processing for analytical and statistical purposes, i.e. in accordance with Article 6 paragraph 1 letter f of the GDPR
the legitimate interest of the Administrator, consisting in customer satisfaction surveys, i.e. in accordance with Article 6 paragraph 1 letter f of the GDPR

The processing of the Buyer's personal data provided when placing an order is carried out for the purpose of implementing the concluded sales contract.

Providing data is voluntary, but necessary for the proper performance of the concluded contract. Failure to provide data will make it impossible to conclude the contract.

After concluding the contract, the Buyer's data may be transferred to the following entities:

supplier of software needed to run an online store
entity delivering goods
payment provider
accounting office
Hosting Provider
entity facilitating the optimization of the Store
entity providing the mailing system
entity providing marketing services
entity providing statistical services
relevant public authorities to the extent that the Seller is obliged to provide them with data

The Buyer’s data will be processed until the possibility of establishing, pursuing or defending any claims ceases or the Seller ceases to have a legal obligation, e.g. related to accounting – depending on which of these events occurs later.

The buyer has the right to:

access to the content of your personal data,
rectification of your personal data,
deletion of your personal data,
request to limit the processing of your data,
request the transfer of your personal data,
and also to object at any time to the processing of your data for reasons related to your particular situation - to the processing of your personal data based on Article 6 paragraph 1 letter f of the GDPR (i.e. on the legitimate interests pursued by the controller),

In order to exercise the above rights, please send an e-mail to: sklep@polcaratdesign.pl .

If the Buyer believes that his or her data is being processed unlawfully, he or she has the right to lodge a complaint with the supervisory authority.

§ 11 DISCLAIMERS

The Buyer is prohibited from providing content of an illegal nature.
Each time an order is placed in the Store, it constitutes a separate sales agreement and requires separate acceptance of the regulations. The agreement is concluded for the time and purpose of order fulfillment.
Agreements concluded on the basis of these regulations are concluded in Polish.
In the event of a dispute with a Buyer who is not a Consumer, the competent court will be the court having jurisdiction for the Seller's registered office.
None of the provisions of these regulations exclude or in any way limit the Consumer's rights arising from legal provisions.

WITHDRAWAL FORM SAMPLE
(this form should be completed and returned only if you wish to withdraw from the contract)

POLCARAT DESIGN Dorota Jażdżewska
ul. Stoczniowców 7A, 84-230 Rumia e-mail address: sklep@polcaratdesign.pl

- I ................................................................. hereby inform about my withdrawal from the sales contract for the following items:

.............................................................................................................................

- Date of collection .............................................................................................

- Name and surname of the Consumer(s) ..................................................................................................................................

- Address of the Consumer(s) ..................................................................................................
Consumer Signature
(only if the form is sent in paper version)
Date ............................................

(*) Delete where not applicable.

kuo

Statute