Regulations of the ambershop.pl online store
§1. Preliminary provisions
- These regulations define the rules for using the Online Store and the terms of contracts for the delivery of physical products, in particular the rights and obligations of the parties to the contract, i.e. the Seller and the Customer.
- The rules for making purchases are available in the AMBERSHOP.PL online store available at: https://ambershop.pl/.
- The AMBERSHOP online store is run by Tomasz Mikołajczyk, who runs a business under a company entered in the Central Register and Information on Economic Activity (CEIDG) kept by the minister responsible for economy, with NIP number: 676-000-28035 and REGON number: 350556249.
- Each Customer is obliged to read and accept the terms and conditions specified in the Regulations before concluding the Agreement with the Seller.
The definitions used in the Regulations should be understood as follows:
- Seller - Tomasz Mikołajczyk running a business under the name Mikołajczyki Amber Tomasz Mikołajczyk with its registered office in Kraków, at the following address: Rynek Główny 1/3, Sukiennice Kram 29, 31-042 Kraków, with NIP number: 676-000-28-35 and REGON number: 350556249 .
- Client – a natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, who uses the services and functionalities of the Website, in particular making purchases via the Store.
- Consumer – a natural person making a purchase on the Website in an scope not directly related to his or her business or professional activity.
- Entrepreneur with consumer rights – a natural person making a purchase directly related to his/her business activity, when the content of the contract shows that it does not have a professional character for him, resulting in particular from the subject of his business activity (defined in CEIDG).
- Website - website, run by the Seller, available at: https://ambershop.pl/.
- Shop – online store run by the Seller at the Internet address https://ambershop.pl/.
- Commodity – a physical product available in the Store's assortment that is the subject of the Agreement between the Customer and the Seller.
- Digital environment – computer hardware, software and network connections used by the Consumer to access or use digital content or digital service.
- Basket – an element of the Store's software in which the Goods selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data.
- The order form – form available in the Store enabling placing an Order, in particular by adding Goods to the electronic basket and specifying the terms of the Remote Agreement, including the method of delivery and payment.
- Order – the Customer's declaration of will submitted using the Order Form and aimed directly at concluding the Agreement.
- Payment operator – eService Sp. payment system. z o. o. with its registered office in Warsaw, ul. Jana Olbrachta 94, KRS number 0000490970, NIP number 1181477610.
- Agreement – a distance contract concluded with the Customer as part of an organized system for concluding distance contracts (Store or Registration Form on the Website), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
- Regulations – these regulations.
§3. Contact the Store
- The Customer may contact the Seller in particular:
- via e-mail, to the following address: email@example.com
- in writing to the following address: Amber Muzeum Kraków 31-018, ul. Saint John 2
- and also by phone at: +48 603 205 041 (call cost according to the operator's tariff) from Monday to Friday (working days) from 10:00-16:00
- Seller's bank account number Bank PEKAO SA 09 1240 4650 1111 0010 5512 4099
§4. Customer's digital environment
- To use the Website and the Store, including viewing the Seller's assortment and placing orders, the following are necessary:
- end device with access to the Internet, operating system and web browser enabling browsing websites,
- pdf, word, excel file viewer,
- active e-mail address,
- The Seller takes technical and organizational measures to provide the Customer with safe access to the Website and the Store, in particular measures to prevent access and modification of personal data by unauthorized persons.
- The Customer is prohibited from providing illegal content.
- The Seller is entitled to a technical break in the operation of the Website, including the Store, necessary for the planned, ongoing operation and maintenance of the server and software. In the event of a planned interruption, Customers will be clearly notified on the Website.
- To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the functioning of the Website caused by force majeure, unauthorized action of third parties or incompatibility with computer hardware or software used by the Customer.
§5. Free digital services
- The Seller uses the Website and the Store to provide paid Goods as well as free digital content and digital services.
- Available include: the following free digital content and services:
- enabling the Customer to browse the content and assortment on the Website and Store and use the content search engine (digital service),
- enabling the Customer to place an Order in the Store without registration (digital service).
§6. General information
- The Seller reserves the right to change the range and prices of goods offered by Ambershop.pl and to conduct and cancel all types of promotional campaigns and sales.
- Promotions used by the Seller cannot be combined with each other. The customer may only use one promotion of his choice, unless the promotion regulations clearly provide for the possibility of using the promotion together. Promotion is understood as any sales terms that are more favorable than standard ones.
- Jewelry products have specific properties that should be taken into account when making a purchase and reading the description of the product. Each product is unique and different from others, which also applies to individual elements of the goods (precious stones) and their dimensions. The goods are of various sizes, and their photos presented on the website are for information purposes (they do not reflect their actual size), are examples and serve to present the specific models indicated therein.
- The Seller reserves that the goods received by the Customer may differ (including color, size, proportions) from the goods presented in the photos on the website https://ambershop.pl/, in particular as a result of different monitor or other device settings. that the customer uses when shopping.
§7. Rules for placing orders and product availability
- Ambershop.pl publishes information about goods and the terms of their purchase and delivery. For the avoidance of doubt, this information does not constitute an offer, but only an invitation to submit offers with the content indicated in the information about the goods.
- Orders in the Store can be placed 24 hours a day, every day of the year at: https://ambershop.pl/.
- Browsing the Store's assortment does not require creating an Account.
- The Customer may place orders for Goods included in the Store's assortment without creating an Account, by providing the necessary personal and address data enabling the execution of the Order.
- In order to place an Order without registration, you must:
- select the Goods that are the subject of the Order and then click the "Add to cart" button,
- go to the cart and click "Order",
- complete the Order Form, entering the details of the recipient of the Order and the address to which the Goods are to be delivered,
- a customer placing an order for a product in the Ambershop.pl online store is obliged to provide true data,
- enter the invoice details if they are different from the details of the recipient of the Order,
- select one of the available payment methods, accept the Regulations and click the "Buy and pay" button,
- make the payment by the specified date, in the previously selected method.
- Online payment is made directly on the Payment Operator's website.
- After making the online payment, the Customer will be redirected back to the Website.
- When the Customer confirms the order by using the "Buy and pay" button, an Agreement is concluded between the Customer and the Seller.
- The Seller will confirm to the Customer that the order has been accepted for processing by sending him information to the indicated e-mail address. The Seller will again include the information referred to in section 6 above and information regarding the right of withdrawal along with a sample withdrawal form.
- The customer will receive, to the e-mail address provided in the order, confirmation of the conclusion of the contract as well as a copy of the content of these Regulations.
- If only part of the order has been confirmed, a sales contract is concluded only for the confirmed goods.
- The Seller will inform the Customer that the order has not been accepted for processing (unless contact with the Customer is impossible).
- If the Seller cannot perform the service in whole or in part due to the fact that the goods are not available, or due to unforeseen circumstances they were not delivered to the Seller, were damaged or lost, then the Seller will immediately notify the Customer, no later than within 30 days from date of conclusion of the contract, and will refund the price received or provide a substitute service of the same value as the price paid - at the Customer's discretion. If the Customer fails to make a choice, the Seller will refund the sales price received from the Customer.
§8. Prices and delivery and payment methods offered
- The prices of the Goods are specified in their descriptions available in the Store.
- All prices are expressed in Polish zloty and are gross prices.
- The price shown for the Goods at the time the Customer places the Order in accordance with the procedure described in §7 of the Regulations is binding on the parties to the transaction.
- The Seller does not apply individual price adjustments based on automated decision-making.
- The total amount to be paid by the Customer consists of the price for the Goods and the cost of delivery, about which the Customer is informed on the Store's website when placing the Order, including when expressing the will to join the Agreement.
- The purchase of goods is documented by issuing a receipt or a VAT invoice (according to the Customer's choice), which is attached to the goods purchased by the Customer.
- There are no delivery costs associated with providing the free Digital Service.
- The customer can pay for his order by selecting one of the following payment methods:
- payment by transfer to the Seller's account,
- debit card,
- credit card,
- electronic transfers,
- mobile payments,
- Cash on delivery - cash or payment card only upon personal collection at the BORUNI Sales Showroom, payable upon receipt of the goods.
- Detailed information on available payment methods for individual Goods can be found in the Order Form.
- The Customer may use the following methods of delivery or collection of the ordered Goods:
- personal collection at Borunia Sales Showrooms (ul. św. Jana 2, 31-018 Kraków),
- courier delivery.
- Goods purchased in the online store can be delivered to BORUNI Sales Showrooms or by courier within the territory of the Republic of Poland as well as to EU countries and the Schengen area.
- By concluding the Agreement with the Seller, the Customer agrees to send invoices and their corrections electronically to the e-mail address provided in the Order Form or e-mail sent to the Seller.
- If payment is not made within 7 days from the date of acceptance of the order for execution in the case of choosing the payments indicated in section 8 lit. a), b), c) or d) above, the order placed by the Customer is canceled and lack of payment is understood as the Customer's withdrawal from the sales contract.
§9. Order completion date
- The delivery date includes:
- order completion date
- the date of delivery of the goods by the courier to the BORUNI Showroom or to the address indicated by the Customer.
- The order completion deadline is 1 business day from the date the order is accepted for processing, and if the Customer has chosen a payment method other than cash on delivery, the above deadline is counted from the date the Seller receives payment or payment confirmation from the entity handling online payments.
- The deadline for delivery of the goods by the courier to the BORUNI Showroom or to the address indicated by the Customer is up to 10 business days from completing the order. During holiday periods, sales and other periods of intense sales, the total time of picking and delivering the goods may be extended to 30 business days.
- Working days are days other than Saturdays and public holidays.
- If the Customer has purchased many goods as part of one order, they will be delivered together after the entire order is completed, i.e. within the longest of the given shipping times for individual goods.
(Liability for non-compliance of performance with the contract)
- The Seller is obliged to provide the Consumer and the Entrepreneur with consumer rights with the Goods, content or Digital Service in accordance with the contract (so-called consumer warranty).
- If the Consumer or Entrepreneur with consumer rights finds non-compliance with the contract, he or she should inform the Seller about it, specifying his/her claim related to the non-compliance (submitting a complaint).
- The customer submits a complaint in writing or by e-mail to the address provided in §3 of the Regulations.
- Complaints may be submitted by e-mail or in writing to the Seller's address (Mikołajczyki Amber Tomasz Mikołajczyk with its registered office in Kraków, at the following address: Rynek Główny 1/3, Sukiennice Kram 29, 31-042 Kraków, NIP number: 676-000-28- 35 and REGON number: 350556249, e-mail: firstname.lastname@example.org, or submit it to the BORUNI Sales Showroom.
- The complaint shipment must include: proof of purchase, warranty card (if a warranty was granted for the product) and a completed complaint form available HERE. If the complaint concerns goods, the goods subject to the complaint must be handed over to the Seller when submitting the complaint.
- The complaint should include the Customer's identification data, a description of what the complaint concerns and the demands related to it.
- In the event of incomplete information, the Seller will request the Customer to complete it within 14 days of receiving the request, with an instruction that failure to correct the deficiencies within the specified period will result in the complaint being left unrecognized.
- The deadline for considering a complaint by the Seller is 14 days from the date of a properly submitted complaint to the Seller.
- The Customer will receive information on how to handle the complaint on paper or another durable medium, in particular by electronic correspondence to the address provided by the Customer. If the complaint is rejected, the Seller will notify the Customer thereof, stating the reasons for this decision.
- When the replacement or repair of the goods turns out to be justified and possible, the Seller will notify the Customer and provide information regarding further proceedings. In the event that a refund of the sales price is justified, the amount due for the purchased goods will be refunded within 14 days after the Seller receives the return of the goods. The price is refunded in the same way as the method of payment for the goods chosen by the Customer.
- No response from the Seller in the above-mentioned deadline for a correctly submitted complaint means that the complaint is accepted by the Seller.
- If the Customer is not a Consumer or an Entrepreneur with consumer rights, the Seller's liability under the warranty for physical or legal defects of goods is excluded (pursuant to Article 558§1 of the Civil Code).
§11. Right to withdraw from the contract
- The Customer who is a Consumer or an Entrepreneur with consumer rights who has concluded a distance Agreement with the Seller may withdraw from the Agreement without giving any reason within 14 days. In the case of Goods, the deadline is counted from the date of transfer of the Goods to the Consumer/Entrepreneur using consumer protection or a person indicated by him, other than the carrier he chose to deliver the Goods.
- In order to meet the deadline for withdrawal from the contract, it is sufficient for the Consumer/Entrepreneur with consumer rights to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal from the contract expires.
- The right to withdraw from a distance contract is not available to the Consumer in relation to:
- a contract the subject of which is non-prefabricated goods, manufactured according to the specifications of the Consumer/Entrepreneur using consumer protection or serving to meet his individual needs,
- a contract the subject of which is goods bearing the characteristics of an individual product.
- In order to withdraw from the contract which does not cover the situations mentioned in the previous point, the Consumer/Entrepreneur with consumer rights should inform the Seller about the intention to withdraw from the contract by way of a declaration of will in the form of a letter sent by e-mail or post to the address provided in §3 of the Regulations.
- For this purpose, a Consumer and an Entrepreneur with consumer rights may use the template included in the annex to these Regulations. However, this is not mandatory. A sample document of withdrawal from the sales contract is available HERE.
- The Customer may also complete and submit the contract withdrawal form or any other clear declaration electronically on the Seller's website. If the Customer uses this option, the Seller will immediately send the Customer confirmation of receipt of information about withdrawal from the contract on a durable medium (e.g. by e-mail).
- In the event of withdrawal from the Agreement, the Seller returns all payments received, no later than 14 days from the date on which the Seller was informed about the withdrawal from the Agreement by the Consumer or Entrepreneur with consumer rights.
- The Seller will refund the payment using the same payment methods that were used in the original transaction, unless the Consumer/Entrepreneur with consumer rights has expressly agreed to a different solution that will not involve any costs for him.
- The Customer is obliged to return or deliver the item (goods) to the Seller to the Seller's headquarters located at: Amber Museum, ul. Saint Jana 2, 31-018 Kraków AMNERSHOP.PL , immediately, and in any case no later than 14 days from the date on which the Customer informed the Seller about withdrawal from the sales contract. The deadline is met if the Customer returns the item (goods) before the deadline of 14 days.
- The Seller may withhold the refund until receipt of the returned goods or confirmation of its return (whichever comes first).
- The consumer covers all direct costs of returning the Goods, including the cost of packaging and shipping.
- Due to its nature, the goods cannot normally be returned by post. The costs of returning items may be high. The estimated maximum cost of shipment to Poland will vary depending on the selected shipping company and the region from which the shipment will be sent. Based on data published by the Polish shipping company UPS - the expected maximum cost of a standard shipment (up to 10 kg) from Poland to England and European countries is approximately PLN 750 net.
- The Consumer/Entrepreneur using consumer protection is responsible for reducing the value of the Goods resulting from using the product in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product.
- In the event of effective withdrawal from the contract, the contract is considered not concluded.
- The right to withdraw from the contract is not available in the cases specified in Art. 38 of the Act of May 30, 2014 on consumer rights, in particular in a situation where the subject of the service is goods created according to the Customer's specifications or serving to meet his individual needs (e.g. goods containing an engraving ordered by the Customer).
§12. Out-of-court methods of resolving consumer disputes
- The Seller agrees to submit any disputes arising in connection with concluded distance contracts to mediation proceedings. The details will be determined by the parties to the conflict.
- If the mediation proceedings undertaken are unsuccessful or the parties do not decide to do so, and the Customer is not a Consumer or an Entrepreneur with consumer rights, the court competent to resolve any disputes related to such a contract is the court competent for the registered office of the Seller.
- The consumer has the opportunity to use out-of-court methods of dealing with complaints and pursuing claims. Among other things, the Consumer has the opportunity to:
- submitting a request to a permanent consumer arbitration court to resolve a dispute arising from the concluded contract,
- submitting a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings to resolve the dispute amicably,
- using the assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
- The consumer may also submit a complaint via the EU ODR online platform, available at: https://ec.europa.eu/consumers/odr/.
- More detailed information on out-of-court methods of dealing with complaints and pursuing claims can be found on the website https://www.uokik.gov.pl.
- The digital content available on the Website, as well as the materials included in the Digital Goods and Services, are works and are protected by copyright, and these rights are vested in the Seller or persons cooperating with him and who have granted the Seller appropriate licenses.
- The customer may use the above-mentioned content on the basis of fair private use. This means that the Customer and users of the Website may use them only for their own needs, including their business activities, provided that the buyer is not entitled to make them available to third parties as their own product or service (for a fee or free of charge).
- Customer interested in wider use of the above. content should contact the Seller and undertake individual negotiations.
- Unauthorized distribution of the above. content may result in civil and criminal liability.
§14. Personal data and cookies
§15. Final Provisions
- Contracts concluded by the Seller are concluded in Polish.
- The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions, changes in payment and delivery methods, to the extent that these changes affect the implementation of the provisions of these Regulations. The changes are effective on the date of publication of the new regulations. The changes do not apply to contracts concluded before the changes to the Regulations were introduced.
- In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Consumer Law Act, the Civil Code; Entrepreneurs' rights; the Act on the Provision of Services by Electronic Means, the General Data Protection Regulation (GDPR) and the Personal Data Protection Act.
- The Regulations apply to contracts concluded from January 1, 2023.