§ 1
Preliminary provisions
The online storePARIS Anna Budziejko, available at the Internet address www.parisbizuteria.pl is run by Anna Budziejko who conducts business activities under the name of PARIS Anna Budziejko with its registered seat in Płock, Chopin 33 street, entered into the Central Registration and Information on Business (CEIDG) held by the Minister of the Economy, Tax Identification Number (NIP): 774 – 305 – 92 – 53, National Business Registry Number (REGON) 141400032.
These Regulations are addressed towards both Consumers and Entrepreneurs using the Store and set out the rules for using the online Store as well as the rules and procedure for concluding Contracts for the Purchase of Goods with a Customer at a distance through the Store.
§ 2
Definitions
Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to its business or professional activity.
Seller – a natural person running a business under the name of PARIS Anna Budziejko, entered into the Central Registration and Information on Business (CEIDG) held by the Minister of the Economy, Tax Identification Number (NIP): 774 – 305 – 92 – 53, National Business Registry Number (REGON) 141400032.
Customer – any entity making purchases via the Store.
Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, the separate law of which grants legal capacity, running a business in its own name and using the Store for purposes of this business.
Store – the online store run by the Seller at the Internet address www.parisbizuteria.pl
Distance contract – a contract conluded with a Customer under the organized distance contracting system (as part of the Store), without physical presence of the parties, with exclusive use of one or more means of distance communication up to and including the moment the contract is concluded.
Regulations – these online Store terms and regulations.
Order – the Customer’s declaration of intention submitted via the Order Form and aiming directly at conclusion of the Contract for the Purchase of Product or Products with the Seller.
Account – the Customer’s account in the online Store, which stores the data provided by the Customer and information about the Orders placed in the Store.
Registration Form – a form available in the online Store, used for creation of an Account.
Order Form – an interactive form available at the online Store, used for placing an order by adding Products to the shipping cart and specifying terms and conditions of the Contract for the Purchase of Goods, including the delivery and payment method.
Shopping Cart – an element of the Store’s software, which shows the Products selected for purchase to the Customer, with an option to set and modify the Order data, particularly the quantity of the products ordered.
Product – a movable good which is a subject of the Contract for the Purchase of Goods between the Customer and the Seller available in the online store.
Contract for the Purchase of Goods – Product sales contract being concluded or concluded between the Customer and the Seller via the Online Store.
§ 3
Contact with the Store
Address of the Seller: 09-402 Płock, Chopin 33 street, Poland
E-mail address of the Seller: esklep@parisbizuteria.pl, a.budziejko@parisbizuteria.pl
The Seller’s phone number: +48 511-165-550 , +48 505-759-448
The Seller’s bank account number: PL 71 1050 1966 1000 0092 6326 1407
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this Paragraph.
The Customer may contact the Seller by telephone between 8.00am-4.00pm.
§ 4
Technical requirements
To use the Store, browse its offer and place orders, the following are required:
User’s device with the Internet connection and a browser such as Chrome, Firefox, Safari;
an active e-mail account (e-mail);
enabled cookies.
§ 5
General information
Photos published at www.parisbizuteria.pl are owned by Paris Anna Budziejko. Copying and publishing them on other websites is not allowed.
The jewellery is hallmarked by the relevant Assay Office as indicated by the law. Jewellery made of silver, the silver weight of which does not exceed 5 grams are not hallmarked by the Assay Office.
All products sold in the Store www.parisbizuteria.pl are new and free of physical defects.
The products have specific properties that should be taken into consideration when making a purchase and familiarised with.
Each of the products is unique and slightly different from the other pieces, which also applies to individual elements of products (precious metals, jewellery stones).
Majority of products are small in size and the images presented on the Website are for User reference only (they are not reflective of the true size).
The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized action of third parties or incompatibiliy of the online Store with the Customer’s technical infrastructure.
To browse the Store’s products you do not need to have an account. Placing orders on the Products is possible after creating an Account in accordance with the Paragraph § 6 of these Regulations or by providing all necessary personal and address data which allows for placing an Order without creating an account.
The prices in the Store are given in PLN and in the currency selected by the Customer at the average rate announced by the National Bank of Poland, valid upon the date of the purchase, and are gross prices (they include VAT tax).
The final amount to be paid by the Customer consists of the price for the Product and the delivery cost (including charges for transport, delivery and postal services) about which the Customer is informed on the Store at the moment of placing an Order, including the moment of declaring the intent to become bound by a Contract for the Purchase of Goods.
When the character of the subject of the Contract does not allow, within reasonable judgement, to make an advanced calculation of the final price, the information on the method of calculation and charges for transport, will be given in the description of the Product on the Store.
§ 6
Creating an Account in the Store
To create an Account in the Store, a Registration Form must be completed. The following data is required to be provided: first name, last name, e-mail address, phone number.
Creation of an Account in the Store is free of charge.
Logging in to the Account is carried out by entering the login and password estabilished in the Registration Form.
The Customer has the option to, at any moment, without providing any reasons or suffering any financial consequences, delete an Account by sending a relevant request to the Seller, particularly via e-mail or in writing to the addresses provided in Paragraph § 3.
§ 7
The process of placing an Order
To place an Order it is needed to:
log in or use the option of placing an Order without registration;
select the Product which is a subject of the Order, and then click on the „Add to Cart” button.
if the option to place an order without registration was selected – complete the Order Form by entering the required data and address to which the delivery will be made, select the method of shipment (the delivery method), enter the data for the invoice if it differs from the recipient’s of the delivery.
click on „Order and pay”
select one of the available payment methods and, depending on the chosen method, pay for the order within the specified period, subject to Paragraph § 8 point 3.
§ 8
Available delivery and payment methods
The following methods of delivery and receipt of the ordered Product are available:
Postal parcel, postal parcel paid upon delivery
Courier parcel, courier parcel paid upon delivery
The following methods of payment are available:
Payment upon delivery;
Payment by bank transfer to the Seller’s account;
Electronic payments;
Payment by credit card.
Detailed information on the methods of delivery and payment available can be found on the Store’s website.
§ 9
Conclusion of the Contract for the Purchase of Goods
Contract for the Purchase of Goods between the Customer and the Seller is concluded after the Customer places an Order using the Order Form provided on the online Store, as specified in Paragraph 7 of these Regulations.
After the Order is submitted the Seller immediately acknowledges its reception and accepts it for fulfilment. The acknowledgement of receipt of the Order and its acceptance for fulfilment is carried out then the Seller sends the Customer the relevant information to the e-mail address provided when placing the Order, which contains at least the Seller’s declaration of reception of the Order, its admission for fulfilment and the confirmation of the Contract for the Purchase of Goods. The moment the Customer receives the above specified message, the Contract for the Purchase of Goods between the Customer and the Seller is concluded.
If the Customer selects the:
payment by bank transfer, electronical payments or payment by card, the Customer is obliged to make payments within 2 days from the date on which the Contract for the Purchase of Goods was concluded – otherwise, the order shall be terminated.
payment upon delivery, the Customer is obliged to make payments upon receipt of the shipment.
4. Once the Customer has chosen the delivery method, the Seller will send the Product within the date specified in its description (subject to Clause 5 of this Paragraph) using the method that was selected by the Customer when placing the Order.
5. If the Products ordered have different delivery periods, the delivery date will be the longest given date.
6. The beginning of the delivery period of the Product to the Customer will be calculated in the following manner:
If the Customer chose payment by bank transfer, electronic payment or card – from the date of crediting Seller’s bank account;
If the Customer chose payment upon delivery – from the date of concluding the Contract for the Purchase of Goods.
7. Delivery of the Product is made on condition of payment, unless a Contract for the Purchase of Goods provides otherwise. The costs of the shipment (including charges for transport, delivery and postal services) are shown to the Customer on the Store’s website in the „Delivery cost” tab and when placing an Order, including the moment when the Customer expresses the will to bound by the Contract for the Purchase of Goods.
§ 10
The right of withdrawal
The Consumer may withdraw from the Contract for the Purchase of Goods within 14 days, without providing any reason. If the Consumer purchases more than one Product in a single Order, the withdrawal may concern all the Products or those selected by the Customer, with the reservation that in case of a Product sold as a set the withdrawal is possible in respect of the set concerned.
The period referred to in Clause 1 shall start from the date of delivery of the Product to the Consumer or a person indicated by the Consumer other than the carrier.
In the case of a Contract that includes multiple Products, which are delivered separately, in multiple lots or pieces, the period referred to in Clause 1 begins from the date of delivery of the last product, lot or piece.
The Consumer may withdraw from the Contract by submitting a declaration setting out his/her decision to withdraw from the Contract. To meet the withdrawal deadline, it is sufficient that the Consumer submits the declaration within the period specified.
The declaration can be sent by post or via e-mail to the Seller’s e-mail address or by submitting on the Seller’s website – Seller’s contact data is specified in § 3. The declaration can also be made on a form, the model for which is provided in Annex I to these Regulations and which is an Annex to the the Act of 30 May 2014 on Consumer Rights but it is not mandatory.
If the declaration is sent electronically, the Seller will immediately send an acknowledgement of receipt of the declaration of withdrawal from the Contract to the e-mail address provided by the Consumer.
Effects of exercising the right of withdrawal from the Contract:
If you withdraw from the Distance Contract, the Contract is considered invalid.
In the event of withdrawal from the Contract, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer’s declaration on withdrawal from the Contract, all payments made by him/her, including the costs of delivery, except for additional costs resulting from the method of delivery chosen by the Consumer, other than the cheapest usual delivery method offered by the Seller.
The Seller will reimburse the payment using the same payment methods as used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not involve any additional costs for him.
The Seller may withhold reimbursement until receipt of the returned Product or until proof of its return is provided, whichever occurs first.
The Consumer should return the Product to the Seller’s address provided in these Regulations immediately within 14 days from the date on which the Seller was informed of Customer’s decision to withdraw from the Contract. The deadline is met if the Consumer returns the Product before the period of 14 days has expired.
The Consumer bears the direct cost of returning the Product, if, due to its nature, the Product could not be returned by ordinary mail.
The Consumer is only liable for reducing the value of products resulting from the usage in different ways other than what was necessary to estabilish the nature, characteristics and functioning of the products. infor
8. If, due to its nature, the Product cannot normally be returned by post, such information as well as information on the cost of the Product, will be found in description of the Product on the Store.
The right to withdraw from the Distance Contract does not apply to a Contract:
the subject of which is a non-fabricated item, manufactured according to consumer specifications or serving his/her individual preferences;
provision of services, if the Seller has fully performed the service with the Consumer’s prior express consent, who was informed by the Seller of losing the right to withdraw from the Contract once the service is fulfilled prior to starting provision of the service;
in which the price or remuneration depends on fluctuations in the market which is not controlled by the Seller, and which may occur before the period of withdrawal from the Contract has expired.
§ 11
Complaints and guarantee
The Contract for the Purchase of Goods includes new Products.
The Seller is obliged to provide the Customer with an item without defects.
Differences in the appearance of products resulting from the settings of computer hardware (e.g. color, proportions, etc.) are not grounds for lodging a complaint.
If the purchased Product is defective, the Customer has the right to lodge a complaint under the Civil Code regulations on warranty for defects.
The complaint should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.
It is recommended that the complaint includes brief description of the defect, circumstances (including the date) of its occurence, information about the Consumer submitting the complaint and the Customer’s request in relation to the defect of the product.
The goods returned under the complaints procedure should be sent to the address provided in Paragraph § 3 of these Regulations.
If the guarantee has been given, information on it, and also its content will be included in the description of the Product in the Store.
§ 12
Out-of-court complaint and redress procedures
Detailed information on the possibility for the Customer to use out-of-court methods of dealing with complaints and redress as well the rules of access to these procedures are available at the headquarters and on the websites of poviat (city) consumer spokesmen, social organizations whose statutory areas of responsibilities include protection of consumers, the Central Inspectorate of Trade Inspection and under the following links of Office of Competition and Consumer Protection:
– http://www.uokik.gov.pl/spory_konsumenckie.php;
– http://www.uokik.gov.pl/sprawy_indywidualne.php oraz
– http://www.uokik.gov.pl/wazne_adresy.php.
The Consumer has the following examples of possibilities of using out-of-court methods of dealing with complaints and redress:
The Customer is entitled to apply to the Permament Customer Arbitration Court referred to in art. 37 of the Act of 15 December 2000 on Trade Inspection (Dz.U. of 2014, item 148 with later amendments) with a request to settle the dispute resulting from the Contract concluded with the Seller.
The Customer is entitled to turn to the Voivodship Inspector of Trade Inspection pursuant to the art. 36 of the Act of 15 December 2000 on Trade Inspection (Dz.U. of 2014, item 148 with later amendments) with a request to initiate the mediate proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
The Customer may obtain free assistance in resolving the dispute between him and the Seller, using free assistance of the poviat (city) consumer spokesman or social organization whose statutory areas of responsibilities include protection of consumers (i.a. The Polish Consumer’s Association, Polish Federation of Food Industry).
§ 13
Personal data
The Seller is the Controller of personal data collected through the online Store.
Customers personal data stored on the online Store by the Controller is collected for the purpose of completing the Contract for the Purchase of Goods, and, if the Customer expresses his consent – also for marketing purposes.
Recipients of the Customers personal data may be:
If the Customer selects the postal or courier post method of delivery, the Controller discloses the Customer’s collected personal data to the chosen carrier or an intermediary conducting the shipment on behalf of the Controller.
If the Customer selects the electronic payment or payment by card, the Controller discloses the Customer’s collected personal data to the chosen entity operating these payments.
Providing personal data is voluntary but refusal to provide the personal data indicated in the Regulations, necessary for conclusion of the Contract for the Purchase of Goods results in inability to conclude the Contract.
§ 14
Final provisions
Contracts are concluded in Polish.
The Seller reserves the right to implement amendments to the Regulations due to compelling reasons such as: changes in laws, changes in methods of payment and delivery – to the extent that such amendments influence the implementation of the provisions of the Regulations. The Seller will inform the Customer of any amendment made at least 7 days in advance.
In matters not covered by the Regulations general provisions of the Polish law are applicable, in particular the Civil Code; Act on Rendering Electronic Services; Act on Consumer Rights; Personal Data Protection Act.
The Customer has the right to use out-of-court methods of dealing with complaints and redress. For this purpose, the complaint should be submitted via EU online platform (‘ODR platform’) available at the address : http://ec.europa.eu/consumers/odr/.