The Buyer, before placing order, is entitled to negotiate all provisions of the sales agreement with the Seller, including the provisions that amend this Regulations. Negotiations should be conducted in writing and directed to the Seller’s address (PRACOWNIA BYTOMSKI/ BYTOMSKA Zuzanna Bytomska Cieślińska, Stoczkowska 7/ 8, 04-147 Warsaw, Poland).


In the event the Buyer refrains from individual negotiations of the sale agreement, this Regulations  and the relevant provisions of the Polish law apply.  



REGULATIONS


§1 Definitions


    Postal address -  name and surname or business name, location (in case the town is divided into streets; street name, building number, apartment or office  number), postal code, town name.

 Address for directing complaints:


Pracownia Bytomski / Bytomska

Pstra 6

03-061 Warsaw

Poland



Delivery price list is available at the web address:  by-jewellery.com/dostawa


 Contact details:


Pracownia Bytomski / Bytomska

Pstra 6

03-061 Warsaw

Poland

e-mail: info@by-jewellery.com

mobile: +48 608-325-642



    Delivery – method of delivery and the name of the shipping company and delivery cost is indicated in the delivery price list at the web address: by-jewellery.com/platnosc-dostawa 

    Proof of purchase – invoice, receipt or bill issued according to The Act on Goods and Services Tax dated from the 11th March  2004 with later amendments and other relevant provisions of law. 

    Product card – single web page in the Internet Shop providing details on single product.

   Client – an adult natural person possessing full capacity to enter into legal transactions, legal person or organisation without legal personality, but possessing capacity to enter into legal transactions  - that makes a purchase directly related to it business or professional activity.

  Polish Civil Code – Civil Code Act of the 23rd April 1964 with later amendments .

  The Code of Good Practices – collection of business conduct rules, particularly ethical and professional rules of behaviour, which is mentioned in the Article 2 position 5 of the Act on Counteracting Unfair Competition practices from the 23rd August 2007 with later amendments.

   Consumer – an adult natural person possessing full capacity to enter into legal transactions making purchase from the Seller not directly related to its business or professional activity.

    Basket – product list made out of products available at the Shop according to the Buyer’s choices.

    Buyer  - Customer as well as Client.

    Place where goods are released – postal address or collection point indicated by the Buyer in the order form.

    Moment  when  the goods are released – moment when Buyer or any third party authorised by him/her to collect products, take the goods into his/her possession.

  Payment  - the method of making payment for the object of the sale agreement and for the delivery indicated at the web address:  by-jewellery.com/platnosc

    Consumer Law – Act on Consumer Rights of the 30th May 2014.

   Product – minimum and indivisible  amount of goods which may be a subject of order and which is indicated in the Seller’s shop as a unit of measurement when calculating its price (price/unit).

    Object of the sale agreement – the products and delivery, which are subject of the  agreement. 

    Object of service – object of the agreement.

    Collection point – the place where the goods are released, excluding postal address, indicated in the list made available to the public by the Seller in the Shop.

    Item – movable object which is or can be an object of the agreement.

    Shop – internet service reachable at the web address: by-jewellery.com via which the buyer can place an order.

    Seller: 


PRACOWNIA BYTOMSKI BYTOMSKA Zuzanna Bytomska Cieślińska

 Stoczkowska 7 m.8

04-147 Warsaw

Poland

NIP: 5242410595, REGON: 146655883

Registered in the CEIDG (Central Registration and Information on Businesses) registry reachable at the web address: 

https://prod.ceidg.gov.pl/ceidg/ceidg.public.ui/Se...

BANK ACCOUNT: 95 1140 2004 0000 3002 7493 3222



   Completion date – number of hours or working days indicated on the product card..

   Agreement – agreement concluded out of the entrepreneur’s office within the meaning of the Consumer Rights Act from the 30th May 2014 in case of the Customers and sales agreement within the meaning of the Article 535 Civil Code from the 23rd April 1964 in case of the Buyers. 

    Fault- material as well as legal fault.

    Material  fault – nonconformity of the product with the agreement, particularly if the product: 

        Does not possess those qualities, which product of this kind should have according to the purpose it has been intended for, or arising from circumstances,

        Does not possess the qualities warranted by the Seller,

        Is not fit for the purpose, on which the Customer informed the Seller when concluding the Agreement, and the Seller has  not raised any reservations to this purpose,

        Has been given to the Customer in imperfect condition ;

        In case the product has been placed together or set in motion in a wrong way, if done by the Seller of any  third party for which actions the seller is responsible, or by the Customer, in case he/she acted according to the instructions obtained from the Seller;  

       Does not possess the qualities, which have been warranted by its producer or its representative, or a person who has introduced the product to the market as a part of his/her business activity and the person, who indicated himself/herself as a producer by placing his/her logo, name or any other distinguishing sign indicted himself/herself as a producer, unless the Seller has not known about aforementioned warranties, or,  judging reasonably, has  not been able to know them, or the warranties has not been able to influence the Customer regarding his/her decision to conclude the Agreement, or they had been corrected before the Agreement was concluded.

    Legal fault – a situation, when the item being sold is owned by any third person, or is encumbered by any third party’s right, and when restriction in using or disposing of the item arises from any decision of a relevant official body.

  Order -statement of the Buyer’s will placed through the shop indicating expressly: kind and quantity of the products, way of delivery, method of payment, directly  geared at concluding the agreement between the Buyer and the Seller  



§2 General Conditions


   This Agreement is concluded in the Polish language, according to the Polish law and to this Regulations.

   The place where goods are released must be situated  in Europe.

    The Seller is obliged and warrants to provide its services and deliver goods free of any faults. 

    All prices indicated by the Seller are given in Polish zlotys and Euros and they include VAT tax. Products prices do not include delivery costs, which is indicated separately in the delivery prices list. 

    All dates are calculated according to the Article 111 of the Polish Civil Code, i.e., the date indicated ends when the last day ends, and, in case, when the beginning of the indicated date is some occurrence, the day when this occurrence happens is not included in the calculations.

    Confirmation, sharing, saving and securing of all relevant agreement provisions in order to be able to retrieve them in the future will happen as follows: 

        Confirmation of the order by sending to the indicated e-mail address: order, information on the right to withdrawal, links to the Regulations and the withdrawal from the agreement form; 

        To the order, sent to the indicated address, there are included following printed documents: proof of purchase, information on the right of withdrawal from the agreement, this Regulations, withdrawal form. 

   The Seller informs on the known warranties given by any third party for the products that are sold in its shop.  

    The Seller does not charge for communicating with it through any telecommunication means, and the Buyer shall incur costs of it in the amount arising from the agreement he/she concluded with a third partty providing telecommunication services.

    The Seller warrants to the Buyer using the system, that the shop shall function properly when using the following browsers:  IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or  newer, Safari with the newest versions of JAVA and FLASH installed, using screens with horizontal definition over 1024 px. Using third parties software which may influence proper functioning of the following browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may influence, in turn, proper functioning of the Shop, thus in order to ensure proper functioning of the Shop by-jewellery.com, they should be all disabled. 

    The Buyer may use the option of saving his/her data by the Shop in order to make next order easier. In order to save his/her date in the Shop, the Buyer should provide login and password. The buyer may have his/her data saved by the shop in order to facilitate the process of next order. To do so, the Client should give login and password, necessary to obtain access to his/her account. Login and password are string of signs determined by the Buyer, who is obliged to keep it secret and safeguard against unauthorised access of third persons. The buyer has at any time the rights to access, amend, update his/her data and to remove his/her account in the shop.

   The Seller abides by the Good Practice Code, 

   The Buyer is obliged to: 

        Not to transfer and not to send any content forbidden by law, i.e. content propagating violence,  content which would suggest slander or infringing moral and other rights of third persons, 

        Use the Shop in a way which does not interfere with its functioning, in particular by using specified software and hardware,  

        Do not send or post unsolicited trade information (spam), 

       Using the shop in a way which is not burdensome to other Buyers and the Seller,  

        Using any content posted in the Shop only for his/her private use,  

        Using the Shop in the way consistent with the Polish law, this Regulations provisions, and general rules of netiquette.



§3 Agreement conclusion and execution. 


   Orders can be placed round the clock (24 hours/day).

    To place the order, the Buyer should carry out at least following actions, some of which may be repeated multiple times:

        Adding products to the basket;

        Choosing delivery method;

       Choosing payment method;

        Choosing place of the goods release;

        Placing the order by using the button: ‘I order with the obligation to pay’.

    The agreement with the Customer concludes, when the order is placed by him/her.

   The order payable cash on delivery  is executed immediately, and the order paid by transfer into a bank account after the payment is entered into accounting books, which should take placed within 30 days of pacing the order, unless the Customer has not been able to fulfil his/her obligation to pay without his/her fault and he/she has informed the Seller about the fact. 

   Agreement conclusion takes place in the moment the order is accepted by the Seller, about which it informs the Client within 48 hours of placing the order.

    Execution of the order payable cash on delivery takes place immediately after the agreement is concluded, and the order payable by money transfer or by the electronic system of payment after conclusion of the agreement and entering the payment into Seller’s bank account.

    Execution of the order may be contingent on the payment of the total or part of the order value, or on obtaining a commercial credit with value at least equalling the value of the order, or on obtaining the seller’s consent to send the order by cash on delivery method.

    Sending the object of the agreement takes place within the period of time specified in the product card, and in case of the orders  consisting of multiple products within the longest period specified on the product cards. This period commenced at the moment the order is executed. 

   Bought object of the agreements is sent together with the chosen by the Buyer sale documents, by chosen by the Buyer method of delivery to the address indicated by he Buyer in the order form, together with the annexes described in  §2 position 6b of this Regulations.



§4 The right to withdraw from the agreement



    The customer is entitled, according to the Art. 27 of the Consumer Code, the right to withdraw from the agreement concluded not in the Seller’s office without providing any reasons and without any costs, excluding the cost specified in the Art 33 and the Art 34 of the Consumer Code. 

    The period when it is possible to withdraw from the agreement is 14 days of the moment the goods are released, and to keep this period it is necessary to send a statement before this period expires. 

   The Customer may submit the statement on withdrawal from the agreement on a form, included in as Annex No2 do the Consumer Code, the form is available at by-jewellery.com/formularz-zwrotu or in any other form consistent with the Consumer Code.

    The Seller immediately will send confirmation to the Customer’ e-mail address (submitted at concluding the agreement or other address indicated in the statement) of receiving the statement on withdrawal from the agreement.

   In the event of withdrawal from the agreement, the agreement is deemed not concluded.

    The Customer is obliged to return the item to the Seller immediately, not later thought that after 14 days from the day of withdrawal from the agreement. To keep this deadline, it is enough to send back items before its expiry.

    The Customer sends back items which are the object of the agreement at his/her own cost and risk.

    The Customer does not incur costs of electronic contents received by him/her, which are not saved on the material carrier, unless he/she consented to fulfil the sale obligation before the statutory period of withdrawal from the agreement is expired, or if he/she  was not informed on the loss of the right to withdraw from the agreement at the moment of granting such consent, or if the entrepreneur has not submitted the confirmation according o the  art. 15 pos. 1 i art. 21 pos. 1. Of the Consumer Law.

    The Customer is responsible for any decrease of the value of the item being the object of the agreement, if said decrease is the result of using the item in a way exceeding normal usage necessary to establish characteristics, traits and functionality of the item.

    The Seller immediately, but not later than within 14 days of receiving the statement on the withdrawal from the agreement will repay all payments made by the Customer, including delivery costs, and in case the Customer have chosen delivery method other than the cheapest normal delivery method, The Seller will not refund additional delivery costs to the Customer according to art 33 of the Consumer Code.

    The Seller refunds the payment by the same payment method, which was used by the Customer, unless the Customer explicitly consented to any other payment method, which does not generate extra costs for him/her.

    The Seller is entitled to postpone refunding the payment received from the Customer until the item is sent back or when the Customer submits the proof that the item was sent back, depending on which of those two occurrences happened earlier.

    The Customer, according to the  art 38 of the Consumer Code, is not entitled to withdraw from the sale agreement:

        Under which price or reimbursement depends on the fluctuations on the finance market, which are not under Seller’s control and which can happen before the period of the right to withdraw is expired;

        Under which the object of agreement is not  a prefabricated item, made according to the customer requirements or used to satisfy his/her individual needs; 

        Under which the object of the agreement is an item which can go off quickly or has short best-before period;

       Under which the object of the agreement is an item delivered in delivered in a sealed package, which after it’s been opened cannot be returned because of health protection, hygienic reasons – if the package has been opened after delivery;

       Under which the object of agreement consists of items which after delivery are inseparably connected to other items; 

       Under which the object of the agreement consists of audio or visual recordings, or computer programs delivered in sealed packages, if the package has been opened after delivery;

        To deliver electronic contents, which are not recorded on a material carrier, if the fulfilment of contract has commenced with explicit consent of the Consumer before expiry of the right to withdraw period and he/she has been notified by   the entrepreneur on losing the right to withdraw from the agreement;

       To deliver journals, periodicals, or magazines, excluding subscription.



§5 Warranty



    The Seller according to  art. 558§1 of the Civil Code excludes liability to Clients for material and legal faults (warranty). 

   The Seller is liable to the Customer for the faults according to the provision of  art. 556 of the Civil Code and the subsequent (warranty).

    In case of an agreement with a Client, if a material fault is discovered within one year of the moment the goods are released, it is acknowledged that it existed in the moment it was released to the Client.

    The Consumer, if the sold item is faulty, may:

        Submit the statement on decreasing the price;

        Submit the statement on withdrawing from the agreement;


unless  the Seller immediately and without excessive inconvenience for the Consumer exchanges the faulty item for an item fault-free or removes the fault. In case, the item has already been exchanged or repaired by the Seller or the Seller has  not fulfilled the obligation  to exchange the item for a fault-free one, it is not entitled to exchange the item or to remove the fault.


    The Customer may not accept the offer to remove the fault by the Seller, but instead demand to exchange the item for a fault-free one, or instead  of exchange of the item he/she may demand the fault to be removed, unless it is impossible for the item to be brought to the condition consistent with the agreement or it would require excessive costs in relation to the method chosen by the Seller, whereas by evaluating the costs, value of fault-free item, type and importance of the fault are taken into account, as well as inconvenience which would be endured by the Customer when other way of fulfilling his/her demands would be introduced.

    The Customer is not entitled to withdraw from the agreement, if the fault is insignificant. 

    The Customer, if the item sold is faulty, may as well:

Demand the faulty item to be exchanged for a fault-free one;        

        Demand the fault to be removed.

    The w Seller is obliged to exchange the faulty item for a fault-free one or remove the fault within reasonable time with the least inconvenience for the Customer.

    The Seller my decline  to satisfy the Customer’s demands if bringing the item to the condition consistent with the agreement in a way chosen by the Customer is impossible or in comparison with the other possible way of bringing the item to the condition consistent with the agreement would require excessive costs. 

   In case the faulty item has been assembled, the Customer may demand  the item to be disassembled and then re-assembled  after having been replaced for a fault-free item, or to demand for the fault to be removed, but he/she is obliged to participate in the costs, which exceed the price of the sold item, or he/she may demand from the Seller to repay part of the disassembling  and re-assembling costs up to the value of the item sold. In the event, the obligation is not met by the Seller, the Customer is entitled to send back the item to the Seller at Seller’s expense and risk.

  The Customer, who exercise his/her warranty rights, is obliged ,at the Seller’s expense, to deliver the faulty item to the address indicated in the complaint form, and, if because of the item’s characteristics or the way it is assembled, delivery by the Customer to the Seller would be difficult, the Customer is obliged to allow the Seller access to the item in a place where it is located. In the event, the obligation is not met  by the Seller, the Customer is entitled to send back the item to the Seller at the expense and responsibility of the Seller.   

    The costs of exchange or repair is  on the Seller, exclusive of the situation described in §5 position  10.

   The Seller is obliged to accept the faulty item from the Customer, in case when the item is exchanged for a fault-free one, or in case the Customer withdraws from the agreement.

   The Seller, within 14 days period, gives its standpoint on:

       statement on demanding to lower the price;

        statement on withdrawing from the agreement;

        demand to exchange the item for a fault-free one;

        demand to remove the fault .


Otherwise, the Seller is deemed to have accepted the Customer’s statements or demands.


   The Seller is liable from the warranty, if  the material fault is discovered within 2 years of the moment the goods are released to the Buyer, and in case the object of agreement is a used item – within one year of the moment the item is released to the Customer.

    The Customer’s claim to remove the fault or to exchange the sold item for a fault-free item expires after one year, starting from the day the fault was discovered but not earlier than within 2 years of the moment the goods are released to the Customer, and if the object of the sale agreement was an used item – within one year of the moment the goods were released to the Customer

    In case when the indicated by the Seller or by the producer best-before date expires after 2 years of the release of the goods to the Customer, the Seller is liable from the warranty for the material faults discovered before this period ends. 

    Within the periods specified in §5 position 15-17  the Customer may submit a statement on withdrawing from the agreement or to demand that the price is lowered due to material fault of the sold item, an if the Customer demands the exchange the faulty item for a fault-free one to that the fault is removed, the period of time to submit the stamen on withdrawal from the agreement or on demanding that the price is lowered commences at the moment the period of time to exchange the item or to remove the fault is ineffective. 

    In the event there are court proceedings or mediation procedure commenced in regard to one of the rights arising from the warranty, the period of time to proceed with the other rights from the warranty is suspended till the aforementioned proceedings are finished.

   In order to execute the rights from the warranty in regard to the legal faults,  §5 positions 15-16 applies, whereupon the period of time commences form the day on which the Customer discovered the existence of the fault and if the customer discovered existence of the fault only after any claim of a third party – from the day, on which the court decision in the dispute with the third party became legally binding,

   In the event, the Customer, because of the fault, submitted the statement on withdrawing from the agreement or demanded the price to be lowered, he/she may demand to redress the damage which he/she incurred due to the fact that he/she concluded the agreement not being aware of the fault, even if the fault was due to the circumstances beyond the Seller’s control, an in particular, he/she may demand refund of the agreement conclusion costs, the costs of goods collection, their delivery, storing and insuring and the cost of any investments in regard to any lost profit, if he/she does not get the aforementioned costs refunded from any third party and the costs of court proceedings. That does not prejudice any provisions on the obligation to redress the damage according to the general principles.

    Expiry of any period regarding fault detection does not preclude execution of the rights from the warranty, if the Seller has the fault deceitfully concealed.

    The seller, in case it is obliged to service or to financial service in favour of the Buyer, will fulfil them without unnecessary delay, not later than within he period stipulated by law.


§6 Privacy policy and personal data security 

   The Seller is the data administrator of the personal data of the Customers submitted to the Shop 

    The Seller is obliged to safeguard personal data according to the provisions of the Act on Personal Data Protection of 29th August 1997 and the act on Rendering Service by electronic means of 18th July 2002. The Buyer submitting his/her personal data by placing the order consents to have the data processed by the Seller  to execute the order. The Buyer is entitled, at any time, to access, amend, update and delete his/her personal data. Detailed rules governing collecting, processing and storing of the personal data used in the order execution process have been described in the Privacy Policy, which is accessible under the web address: by-jewellery.com/polityka-prywatnosci



§7 Final Provisions



    None of the provisions of this Regulations is geared at violating the Buyer’s rights. It cannot be interpreted in such a way, because, in case any part of this Regulation is not consistent with the applicable law, the Seller declares to unconditionally obey and apply such law in place of the questionable provision of this Regulation.

In case of any changes to these Regulations, the Buyer shall be notified on that by the electronic mail (at the indicated on the order form e-mail address). The notification will be sent at least 30 days before the new regulation comes in force. The amendments will be introduced in order to adapt the regulations to the current legal state.

   Up to date regulations are always accessible for the Buyer in the folder ‘regulations’ (by-jewellery.com/regulamin). During order execution and during the whole period of post-sale service, the Buyer is obliged to follow the provisions of the regulations accepted by him/her when placing the order, except the situation when the Customer will consider it less advantageous than the previous one and notifies the Seller that he/she chooses the previous regulations as applicable.

    In cases not regulated by this Regulations, relevant law is applicable. In case of any disputes, if the Customer consents,  they are dealt with by mediation proceedings at the Local Trade inspection Agency, or by conciliation court proceedings at the Local Trade Inspection Agency. The Customer may also take advantage of equivalent and consistent with the law methods of alternative discourse resolutions (pre-court and beyond-court), e.g. on the EU internet platform ODR located under the web address: http://ec.europa.eu/consumers/odr/. Eventually, the dispute may be settled by the relevant court.

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