TERMS AND CONDITIONS FOR AMBERSHOP.PL ONLINE STORE
§1. General provisions
- This text contains the regulations of the online store AMBERSHOP.PL (hereinafter referred to as the “Regulations”) and defines the rules for making purchases in an online store available in the domain of ambershop.pl (hereinafter referred to as “Ambershop.pl”). Regulations apply to the Seller and those who purchase goods at Ambershop.pl (Customers).
- The seller is Tomasz Mikołajczyk running a business under the name Mikołajczyki Amber Tomasz Mikołajczyk with its registered office in Krakow, Rynek Główny 1/3 Sukiennice Kram 29, 31-042 Kraków, with a NIP number: 676-000-28-35 and number REGON: 350556249, e-mail: firstname.lastname@example.org, referred to as the Seller’s in the Regulations. Goods sold at Ambershop.pl are jewelry.
- Any information about sales at Ambershop.pl and dealing with matters covered by the Regulations can be obtained at email@example.com and phone number +48 603 205 041 or +48 603 195 041 (cost of calls according to the operator’s tariff) from Monday to Friday (business days).
- Whenever the Regulations refer to the BORUNI saleroom, it should be understood as the stationary sales points of BORUNI’s products (BORUNI salerooms) operated by the Seller on the territory of the Republic of Poland, whose addresses are indicated HERE.
- To access Ambershop.pl you need a device with access to the Internet equipped with a standard operating system and a standard internet browser.
- The Seller reserves the right to change the assortment and prices of goods included in the Ambershop.pl offer and to conduct or cancel all kinds of promotional campaigns and sales.
- Promotions offered by the Seller do not combine – the Customers may only use one of the promotions chosen by them unless the promotion regulations clearly offer the possibility of using the promotion jointly. Promotion is meant as any more favorable than standard terms of sale.
- Jewelry products have specific properties that should be taken into consideration when making a purchase by becoming familiar with the description of the goods. Each of the goods is unique and different from the others, which is also applicable to individual items of goods (gemstones) and their dimensions. The goods are of various sizes, and their pictures presented on the website are for information purposes (they do not reflect their real size), they are exemplary and serve as a presentation of specific models.
- The Seller reserves that the goods received by the Customer may differ (including color, size, proportion) from the product presented in the pictures on the https://ambershop.pl/ website, in particular as a result of various monitor settings or the device that the customer uses while shopping.
- Ambershop.pl clients (referred to in the Regulations as Customers) may be persons who have the legal capacity to perform acts to enable them to effectively make a particular purchase.
- When shopping, customers will be required to provide their name, delivery address, e-mail address and mobile phone number – in order to perform the contract of sale and delivery (if such option is selected).
§3. Placing orders, unavailable goods
- Ambershop.pl publishes information about goods and the conditions of their purchase and delivery. In order to avoid any doubts, 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 can be placed around the clock by adding a product/products to the cart and following the purchase procedure in the online store Ambershop.pl available at http://ambershop.pl/.
- A customer placing an order for a product in the online store Ambershop.pl is obliged to provide real data.
- The customer selects the goods by adding selected items to the virtual basket. Placing goods in the basket does not entail their reservation. If the quantity of available goods is exhausted before the order is confirmed by the customer, the seller reserves that the order will not be processed.
- After selecting the goods and before choosing the payment method, the customer is obliged to indicate the full and correct address for shipping and phone number (if the purchase option is selected with delivery), which cannot be changed until the delivery. A change of delivery address is only possible in extraordinary circumstances after an agreement with the Seller and before transferring the goods to the carrier for delivery.
- After selecting the goods (and possibly providing data in accordance with paragraph 5 above), the Customer selects the payment method and then places the order by selecting the option (checkbox) “Order – order with the obligation to pay”. Before placing the order, the Customer will be presented, in the form of a summary of the order, information required by law and concerning the contract that may be concluded between the Parties.
- When placing an order, the Customer places an offer to purchase a specific product under the conditions specified in the description of the goods, taking into account the provisions of the Regulations; the offer binds the client for a period of 7 days. After placing the order, the Customer will receive from the Seller an e-mail confirmation of the order together with the Regulations (delivered in such a way that the Customer can store and use it in the ordinary course of action) and information on the processing of personal data of the Client/person representing the Customer.
- The Seller will confirm with the Customers the processing of the order by sending them information to the provided e-mail address. The Seller shall again attach the information referred to in paragraph 6 above and information on the right of withdrawal along with the template of withdrawal from the contract. Upon receiving this message by the Customer, a sales agreement is concluded between the Seller and the Customer. In the event that only a part of the order has been confirmed, only the confirmed goods are concluded.
- The Seller will inform the Customer that the order has not been accepted (unless it is impossible to contact the Customer).
- If the Seller cannot fulfill the service in whole or in part due to the fact that the product is not available or due to unforeseen circumstances has not been delivered to the Seller or has been damaged or lost, then the Customer will be immediately notified, no later than 30 days from the day of conclusion of the contract, reimbursed or provided a substitute of the same value as the price paid – at the customer’s choice. If there is no decision on the part of the customer, the seller will refund the sale price received from him.
§4. Delivery time, payment and shipment
- The place of supply of sales services by the Seller is the place where the goods will be picked up (and if in doubt, the place where the goods should be picked up according to the Customer’s indication).
- Goods purchased in an online store can be delivered to the BORUNI salerooms or delivered on the territory of the Republic of Poland and to any country in the world – in this case, the Customer bears the additional costs of insurance of sent goods. The Seller informs the Customer about the costs of delivery and insurance (in an event of such costs) at Ambershop.pl and in the summary of the order prior to its submission by the Customer.
- The date of delivery consists of the date of order completion and the date of delivery of the goods by the courier / to the BORUNI saleroom. The order completion time is 1 business day from the date of order acceptance to implementation, and if the customer chose a different payment method than cash on delivery, the above date is counted from the posting payment or confirmation of payment from the entity handling online payments. The date of delivery of the goods by the courier / to the BORUNI saleroom is up to 10 working days from completing the order. During holiday periods, sales and other periods of increased sales, the total time of completing and delivery of goods may be extended up to 30 business days. Working days are days other than Saturdays and public holidays. If the customer has purchased many goods in one order, they will be delivered jointly after completing the whole order, that is, in the longest of the given shipping times of individual goods.
- The parcel is delivered according to the customer’s choice:
a) via the courier indicated by the Customer to the address provided by the Customer; these deliveries are made by specialized carriers list of which, together with the regulations for providing services on which a given carrier performs the delivery, is available on the Ambershop.pl website. The Seller informs the Customer about which carrier will deliver the package along with the link to track the delivery stages via email,
b) to the BORUNI saleroom (self-pick-up). In this case, the customer/person collecting the goods on behalf of the customer is required to present a four-digit PIN number, which the customer received from the seller electronically when placing the order and the name of the customer. The person providing the Customer’s identification details and PIN number, and not being the Customer, will consider the Seller as a person authorized by the Customer (representing the Customer) to collect the goods. The Customer is informed of the possibility of picking up a parcel at the BORUNI saleroom via e-mail sent to the e-mail address provided by the Customer – the good should be picked up by the Customer/person representing the Customer within 14 days from the date of receiving this information. After the expiry of this deadline, the order placed by the customer is canceled and is considered as a withdrawal from the contract of sale.
- The customer/person representing the Customer is obliged to check the condition of the goods or, if this is difficult, the condition of the shipment (packaging) immediately after the delivery of the parcel /receipt in the presence of the courier/employee of the BORUNI saleroom. In an event of any damage that may arise in transport, the Customer / the person representing the Customer should prepare an appropriate report together with the courier/employee of the BORUNA saleroom and immediately notify the Seller.
- The Seller is not liable for non-delivery of goods due to reasons attributable to the Customer – for example in connection with the indication of an incorrect or incomplete delivery address that makes delivery impossible. In this situation, the Seller will notify the Customer about an unsuccessful attempt to deliver the goods.
- The risk of loss or damage to the goods passes to the customer upon receiving the goods.
- Payment for the purchased goods may be made: a) cash on delivery, that is cash or a payment card in the BORUNI saleroom (option available only upon self-pick-up) while receiving the goods at the BORUNI saleroom, b) by bank transfer to the bank account provided by the Seller, c) a payment card with the internet payment function.
- If the payment is selected via a payment card with the online payment function, the Customer is redirected to the website enabling electronic payment.
- In the event of failure to make a payment within 7 days from the date of order acceptance to implementation in case of selecting payments indicated in paragraph 8 lit. b) or c) above, the order placed by the Customer is canceled, and the lack of payment is understood as the Customer’s withdrawal from the sales contract.
- The price of the goods given in the description includes taxes and all fees required by the applicable law. The price does not include the costs of delivery and insurance of goods, the amount of which is calculated separately. The price given by the Seller at the moment of placing the order by the Customer is binding. All prices are given in Polish zlotys (PLN).
- Making the purchase of the goods is documented by issuing a receipt or VAT invoice (according to the Client’s choice), which are attached to the goods purchased by the Customer.
§5. Withdrawal from the contract by the customer
- Pursuant to the Act of 30 May 2014 on consumer rights, the Customer who is a consumer has the right to withdraw from the contract concluded with the Seller within 14 days without giving any reason. Information on the use of the right to withdraw from the contract is available HERE.
- The withdrawal period is 14 days from the date on which the customer came into possession of the item (goods) or in which a third party other than the carrier and indicated by the customer (person representing the customer) came into possession of things (goods), and in the case of a sales contract for many items (goods), which are delivered separately, from the date on which the customer came into possession of the last item (goods) or in which a third party other than the carrier and indicated by the customer (person representing the customer) came into possession of the last item (goods).
- In order to exercise the right to withdraw from the contract, the Customer must inform the Seller – i.e. Mikołajczyki Amber Tomasz Mikołajczyk with its registered office in Krakow, address: Rynek Główny 1/3 Sukiennice Kram 29, 31-042 Kraków, phone: 600700804, e-mail: firstname.lastname@example.org – about its decision to withdraw from the sales agreement by way of an unambiguous statement (for example, a letter sent by post, fax or e-mail).
- The customer may use the withdrawal template available HERE, but it is not mandatory.
- The Customer may also fill out and send the withdrawal form or any other unambiguous statement via e-mail on the Seller’s website [ambershop.pl]. If the Customer uses this option, the Seller will immediately send the Customer a confirmation of receiving the information about the withdrawal on a durable medium (e.g. by e-mail).
- In order to keep the withdrawal deadline, it is sufficient for the client to send information regarding the exercise of the Customer’s right to withdraw from the contract before the deadline to withdraw from the contract.
- In the case of withdrawal from the contract of sale, the Seller shall return to the Customer all payments received from the Customer, including costs of delivering the item (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the Customer’s decision to exercise the right to withdraw from the sales contract. The Seller shall make the payment refund using the same payment methods that were used by the Customer in the original transaction unless the Customer expressly agreed otherwise; in any case, the Customer will not incur any fees in connection with this refund. The seller may withhold the return of the payment until the receipt of the item (good) or until delivery to the seller of proof of its return, depending on which event occurs first.
- The Customer is obliged to return or transfer the item (goods) to the Seller’s premises at the address of Mikołajczyki Amber Tomasz Mikołajczyk with its registered office in Krakow, address: Rynek Główny 1/3 Sukiennice Kram 29, 31-042 Kraków, immediately, and not later than 14 days from the date on which the Customer informed the Seller about the withdrawal from the sales contract. The deadline is met if the customer sends back the item (good) before the expiry of 14 days.
- The customer bears the direct cost of returning the item (good).
- The customer is only liable for a decrease in the value of the item (good) resulting from using it in a different way than was necessary to establish the nature, characteristics, and functioning of the item (good).
- In case of an effective withdrawal from the contract, the contract is considered void.
- The right to withdraw from the contract is not due in the cases specified in art. 38 of the Act of 30 May 2014 on consumer rights, in particular in a situation in which the subject of the service is a product created according to the customer’s specification or serving to satisfy his individual needs (eg goods containing an engraver ordered by the customer).
- The customer may file a complaint with the Seller, in particular in the event of non-compliance of the goods with the contract or defects of the goods.
- Complaints may be submitted in the form of electronic mail or in writing to the address of the Seller (Mikołajczyki Amber Tomasz Mikołajczyk with its registered office in Krakow, Rynek Główny 1/3 Sukiennice Kram 29, 31-042 Kraków, with the tax identification number: 676-000-28 -35 and REGON number: 350556249, e-mail: email@example.com, or submit at the BORUNI salerooms.
- Complains should include the proof of the purchase, warranty card (if the product was granted a warranty) and a completed complaint form available HERE. If the complaint concerns goods together with the submission of the complaint, the goods subject to the complaint should be transferred to the Seller.
- If the data or information provided in the complaint need to be supplemented, before the consideration of the complaint, the Seller asks the Customer to supplement it in the indicated scope.
- The Seller will consider the submitted complaints within 14 days from the date of receiving a correctly prepared complaint, and in the case of a recall of the purchased goods within 14 days from the date of the receipt of the goods along with the specified reason for the complaint.
- The customer will receive information on the method of handling complaints on paper or other durable media, in particular via electronic correspondence to the address provided by the customer. If the complaint is rejected, the Seller will notify the customer about the reasons for the decision.
- If the replacement or repair of the goods turns out to be justified and possible, the Seller will notify the Customer and provide information on the further course of the proceedings. In an event that the return of the sale 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 a manner analogous to the method of payment for the product chosen by the Customer.
- The Customer may use non-judicial means of dealing with complaints and redress, including help from local consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and under the following Internet address of the Office of Competition and Consumer Protection (www.uokik.gov.pl). Detailed information on the Consumer’s use of out-of-court complaint and redress methods as well as rules on access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorate of Trade Inspection and under the following internet address of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl
- The Customer has the following exemplary possibilities of using out-of-court complaint and redress procedures:
a) The customer is entitled to apply to the permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to settle the dispute arising from the concluded sales contract. The regulations of the organization and operation of permanent consumer courts of arbitration are specified in the regulation of the Minister of Justice of 6 July 2017 on determining the regulations for the organization and operation of permanent trade inspectorates at voivodship inspectorates (Journal of Laws 2017, item 1356).
b) The customer is entitled to apply to the provincial inspector of Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and mode of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the headquarters and on the websites of individual Provincial Inspectorates of the Trade Inspection.
c) The customer may obtain free information about assistance in resolving the dispute between the Customer and the Seller, also using the free help of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection. Information on where to get this type of help can be found, among others on the website of the Association of Polish Consumers at http://www.konsumenci.org/pomoc-konsumencka,pomoc-konsumencka,2,27.html
§7. Personal data protection
- The rules for the processing of personal data are contained in a separate document, which can be found HERE.
§8. Final Provisions
- The content of the Regulations will be made available to all Clients on the http://ambershop.pl website.
- The Seller reserves the right to change the Regulations, which the Seller shall announce on the Ambershop.pl website. The amendment to the Regulations comes into force from the day indicated in its change, not shorter than 7 days from the date of its announcement by the Seller, with the reservation that changes of technical or information nature or those that do not affect the situation of customers may be shorter. Customers who have placed orders prior to the entry into force of the new Regulations are subject to the previous Regulations.
- It is forbidden to use graphic elements (including the Ambershop logo) and composition of Ambershop.pl websites (layout), graphic elements and other intellectual property rights without a clear written consent of the Seller.
- The law applicable to sales contracts between the Customer and the Seller, concluded in the terms specified in the Regulations, is the Polish law. Any disputes that arise in the context of the application of these Regulations will be resolved by the competent Polish public courts.
- Regulations in this version shall enter into force on 01.09.2018 and apply to orders placed from that date.