1. General provisions
2. Electronic services in the online store
3. Terms of sale
4. Methods and terms of payment for the product
5. Cost, methods and date of delivery and collection of the product
6. Product complaint
7. Out-of-court complaint handling methods
8. The right to withdraw from the contract
9. Personal data in the online store
10. Final provisions
§1 General provisions
1. The online store available at www.cumuluswool.com is run by Jolanta Wójcik running a business under the name Jolanta Wójcik entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: the address of the place of business : ul. Parkowa 24a/2, 47-220, Kędzierzyn-Koźle, Poland NIP: 7491358498 REGON: 388169669, e-mail address: [email protected].
2. These Regulations are addressed both to consumers and to entrepreneurs using the Online Store (with the exception of point 9 of the Regulations, which is intended only for entrepreneurs).
3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for the purposes, to the extent and based on the principles set out in the privacy policy published on the Online Store website. Providing personal information is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct them.
4. Definitions:
• Business day – one day from Monday to Friday, excluding public holidays.
• Order form – Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
• Client – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes as having legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.
• Civil Code – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
• Product – a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.
• Regulations – these regulations of the Online Store.
• Online Store – the Service Provider’s online store available at the Internet address: www.cumuluwool.com
• Seller; service provider – Jolanta Wójcik running a business under the name of Jolanta Wójcik entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: address of the place of business: ul. Parkowa 24a/2, 47-220, Kędzierzyn-Koźle NIP: 7491358498 REGON: 388169669, e-mail address: [email protected].
• Sales contract – a contract for the sale of a Product concluded or concluded between the Customer and the Seller via the Online Store.
• Electronic service – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
• Recipient – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes as having legal capacity; – using or intending to use the Electronic Service.
• the Act on consumer rights; Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)
• Order – the Customer’s declaration of will submitted via the Order Form and aimed directly at concluding the Product Sales Agreement with the Seller.
§2 Electronic services in the online store
1. The Order Form is available in the Online Store.
2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer has completed two consecutive steps – (1) after completing the Order Form and (2) clicking the “Buy and Pay” field on the Online Store website after completing the Order Form – until then it is possible to modify the entered data (in for this purpose, follow the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following
Customer data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product / s, quantity of the Product / s , place and method of delivery of the Product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number.
(1) The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher; (4) recommended minimum screen resolution: 1024 × 768; (5) enabling in the web browser the option of saving cookies and Javascript or a smartphone with iOS or Android.
4. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, with respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data in accordance with the facts. The Service Recipient is prohibited from providing illegal content.
5. The complaint procedure:
• Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in points 6 and 7 of the Regulations), the Customer may submit, for example:
• preferably in electronic form via e-mail to the following address: [email protected];
• or in writing to the following address: Jolanta Wójcik, ul. Parkowa 24a/2, 47-220, Kędzierzyn-Koźle, Poland, NIP: 7491358498 REGON: 388169669
• It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities; (2) the Service Recipient’s requests; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
• The Service Provider responds to the complaint immediately, not later than within 14 calendar days from the date of its submission.
§3 Conditions for concluding a sales contract
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined – the Customer is informed about the obligation to pay them. on the website of the Online Store when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
4. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
5. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
6. Consolidating, securing and making the content of the concluded Sales Agreement available to the Customer takes place by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2. Of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
§4 Methods and terms of payment for the product
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1. The Seller provides the Customer with the following methods of payment under the Sales Agreement:
• Payment by bank transfer to the Seller’s bank account.
2. Electronic payments and card payments
• Payment via a settlement agent such as PayPal sp. Z o.o. based in Warsaw
• Payment deadline:
• If the Customer selects payment in cash on personal collection, payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of concluding the Sale Agreement.
• If the Customer selects the payment on delivery upon delivery, the Customer is obliged to make the payment upon delivery.
§5 Cost, methods and date of delivery and collection of the product
1. Product delivery is available on the territory of the Republic of Poland,
2. Delivery of the Product to the Customer is free in Poland and the European Union. The costs of delivery of the Product outside the European Union (including charges for transport, delivery and postal services) are indicated to the Customer when placing the Order, including when the Customer expresses the will to be bound by the Sales Agreement.
3. Personal collection of the Product by the Customer is free of charge.
4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
• Poczta-Polska
• For international shipments – priority mail, registered with a tracking number.
5. The date of delivery of the Product to the Customer is up to 21 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, may not exceed 21 Business Days. The start of the period for delivery of the Product to the Customer is counted as follows:
• If the Customer chooses the method of payment by bank transfer, electronic payment or credit card – from the date of crediting the Seller’s bank account or settlement account.
• If the Customer chooses the method of payment by bank transfer, electronic payment or credit card – from the date of crediting the Seller’s bank account or settlement account.
§6 Product complaint
1. The basis and scope of the Seller’s liability towards the Customer, if the Product sold has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code.
2. The Seller is obliged to provide the Customer with a Product without defects. In the event of a product defect resulting from an error in the manufacture of the product, we will repair or replace the product free of charge. If the product is damaged due to improper use.
In line with our ideals, we always do our best to consider the complaint positively and to solve the situation in favor of the client.
3. The complaint may be submitted by the Customer, for example:
• preferably in electronic form via e-mail to the following address: [email protected]
• or in writing to the following address: Jolanta Wójcik, ul. Parkowa 24a/2, 47-220, Kędzierzyn-Koźle NIP: 7491358498, REGON: 388169669
4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
5. The Seller will respond to the Customer’s complaint immediately, not later
than within 14 calendar days from the date of its submission. Most often, however, it happens within 2 days of submitting the complaint.
6. If it will be necessary to deliver the Product to the Seller to respond by the Seller to the Customer’s complaint or to exercise the Customer’s rights under the warranty, the Customer will be asked by the Seller to deliver the Product at the Seller’s expense to the address Jolanta Wójcik, ul. Parkowa 24a/2, 47-220, Kędzierzyn-Koźle, Poland.
7. Request to deliver the Product, referred to in point. 6.6 of the Regulations does not affect the time limit for the Seller to respond to the Customer’s complaint referred to in point. 6.5 of the Regulations and does not violate the Customer’s right to request the Seller to repair the product or replace it with a new one, free from defects, referred to in art. 561 [1] of the Civil Code.
§7 Out-of-court methods of dealing with complaints and claims and the rules of access to these procedures
1.Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint and redress methods and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection. , Provincial Inspectorates of the Trade Inspection and at the following internet addresses of the Office of 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.
§8 The right to withdraw from the contract
1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example:
• in electronic form via e-mail to the following address: [email protected]
• in writing to the address of Jolanta Wójcik, ul. Parkowa 24a/2, 47-220, Kędzierzyn-Koźle NIP: 7491358498 REGON: 388169669
2. An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and, in addition, we can always send such a form by e-mail without any problem, please write to [email protected]. The consumer may use the form template, but it is not obligatory.
3. The period for withdrawal from the contract begins:
• for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. a Sales Agreement) – from taking possession of the Product by the consumer or a third party designated by him other than the carrier, and in the case of a contract which: (1) covers many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a specified period – from taking possession of the first of the Products;
• for other contracts – from the date of concluding the contract.
4. In the event of withdrawal from a distance contract, the contract is considered void.
5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until the Product is returned or the consumer provides proof of its return, whichever occurs first.
6. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: Jolanta Wójcik, ul. Parkowa 24a/2, 47-220, Kędzierzyn-Koźle, Poland.
7. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
• If the consumer has chosen a method of delivery of the Product other than the cheapest one,
The only method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for additional costs incurred by him.
• The consumer bears the direct cost of returning the Product.
• In the case of a Product which is a service, the performance of which – at the express request of the consumer – began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of the payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
• (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed prior to the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; (7) where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer has expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.
§9 Personal data in the online store
1. The administrator of the personal data of the Service Users / Customers collected via the Online Store is the Seller.
2. Personal data of the Service Recipients / Customers collected by the administrator via the Online Store are collected – in accordance with the will of the Service Recipient / Customer – in order to implement the Sales Agreement or contract for the provision of Electronic Services.
3. Possible recipients of personal data of the Customers of the Online Store:
• In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
• In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.
4. The Service Recipient / Customer has the right to access their data and correct them. The request in this regard may be submitted, for example:
• in electronic form via e-mail to the following e-mail address: [email protected]
5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement
or a contract for the provision of Electronic Services results in the inability to conclude this contract. The data necessary to conclude a Sales Agreement or contract for the provision of Electronic Services are also indicated each time on the website of the Online Store before concluding a given contract.
§10 Final provisions
1. Agreements concluded via the Online Store are concluded in Polish.
2. Amendments to the Regulations:
• The Service Provider reserves the right to amend the Regulations for important reasons, that is: changes in the law; changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations.
• In the case of concluding continuous contracts on the basis of these Regulations (eg provision of Electronic Services – Account), the amended regulations bind the Service Recipient if the requirements specified in Art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was properly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the existing fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
• In the event of concluding contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations will not in any way infringe the acquired rights of Service Recipients / Customers who are consumers before the effective date of the amendments to the Regulations, in particular, amendments to the Regulations will not be had an impact on already placed or placed Orders and concluded, implemented or performed Sales Agreements.
3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2014, item 827 as amended); and other relevant provisions of generally applicable law.
The online store sotejewellery.com cares about the rights of consumers. The consumer may not waive the rights conferred on him by the Act on Consumer Rights. The provisions of the contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place the provisions of the Consumer Rights Act shall apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be explained for the benefit of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail and should be applied.