TERMS AND CONDITIONS OF ONLINE STORE
WWW.CHOPINJEWELLERY.COM
§ 1 General Provisions
1. These Terms and Conditions set out the rules of shopping in the online store Chopinjewellery – www. chopinjewellery.com from PROFILEX Jerzy Malicki, ul.Składowa 17, 41-500 Chorzów, Tax Identification Number (NIP): 6340075891, Business Registry Number (REGON): 008434442.
2. The terms used in the Terms and Conditions shall mean:
• Customer – a natural person (having full capacity to enter into legal transactions) or a legal entity that has made or intends to make a purchase in the online store Melancholia. Both a consumer and an entrepreneur may be a Customer;
• Seller – PROFILEX Jerzy Malicki, ul. Składowa 17, 41-500 Chorzów, Tax Identification Number (NIP): 634 007 58 91, Business Registry Number (REGON): 008434442 ;
• Store – an online store maintained by the Seller at www.melancholia.co;
• Terms & Conditions – this document with all its appendices.
3. The store offers jewellery created according to the designs made by Jerzy Malicki for retail sale. These products are available via the Store in the form of finished products and made-to-order products.
4. All products offered in the store are brand new, made from silver, assay 925, cast with anti- tarnish master alloy to prevent tarnishing. Highly specialised technologies are used in manufacturing: rapid prototyping, vacuum casting, rapid fabrication and final hand-processing. Some products are covered with galvanic coating (gold, rhodium).
5. Detailed information about the products can be found at www.chopinjewellery.com, and made available by the Seller in an e-mail message.
6. The Customer may contact the Seller via postal mail at the address indicated in section 2(b) and electronically at the e-mail address: info@profilex.com.
7. Orders may be placed in the Store around the clock. Replies to the Customers’ e-mail messages, telephone contact with the Seller and the execution of orders are effected from Monday to Friday, between 9.00 a.m. and 5.00 p.m
§ 2 Terms and Conditions of Using the Service
1. To place an order via the Store, the Customer must meet the following specifications:
• have a PC, laptop or other device with access to the Internet;
• have access to electronic mail;
• use an Internet browser (Internet Explorer, version 7.0 or later, Mozilla Firefox 3.0 or later, Opera version 11.0 or later, Google Chrome version 20.0 or later, Safari version 5.0 and later);
• use the minimum screen resolution of 1024×768;
• enable cookies in the browser.
2. The online Store provides electronic services via the Order Form. The Store does not charge any fees for the provision of the service.
3. The services are provided for an indefinite period of time. The Customer may at any time without giving any reason, resign from the service by sending a relevant e-mail message to the Seller’s e-mail address. The Customer who is a consumer may rescind the contract for the service with- out giving any reason within 14 days of the date of ordering the commencement of each service provision.
§ 3 Conclusion of Contracts
1. A contract is concluded between the Seller and the Customer.
2. All prices posted on the website of the Store are gross rates (they include VAT) expressed in PLN in the case of www.chopinjewellery.com/pl or in EUR in the case of www.chopinjewellery.com/en. The prices of the products do not include shipping costs.
3. The Seller uses all efforts for the photos of the product samples to reflect their colour, nature and texture. The colours of the photos, due to different resolution, calibration and brightness of the Customer’s computer screen on which the photos are displayed or due to a flash, may differ slightly from reality. For this reason, the Seller places a description of the product and its colour, in addition to the photo. If in doubt, please contact the Seller prior to making a purchase.
4. The Seller announces that the Products should only be used in accordance with their intended purpose and stored in a manner corresponding to their properties. The Products should not be put on during housework to prevent mechanical or chemical damage, they should not be laun- dered, cleaned with chemical agents and they should not come into contact with alcohol, caustics, solvents, pigments or colourants.
5. Orders may be placed via the website of the Store using the Order Form (without registration). The Seller does not operate telephone sales.
6. To make a purchase, the Customer selects the Products in the Store and then transfer the Product to the shopping cart by clicking “Add To Cart”. Then, when viewing the “Cart”, the Customer may select the quantity of the products. When the products are selected, the Customer goes to the next section to specify the delivery of the products and the methods of payment.
7. Next, the Customer clicks the “Order and Pay” button, which redirects the Customer to the website containing information about the order being placed. This information includes: specification of the main features of the goods ordered, an indication of the total price including taxes and shipping fees and presentation of the Customer’s data provided in the order form.
8. To place an order the Customer is required to confirm the order placement by clicking the “Order and Pay” button located under the order summary.
9. Clicking the “Order and Pay” button is tantamount to the Customer’s declaration on placing an order which entails an obligation to pay.
10. The conclusion of the sale contract is finalised when the Customer places an order, i.e. when the Customers clicks the “Order and Pay” button.
11. The payment due date is the date on which the payment is credited on the Seller’s account.
12.The Order Form may be used, if the Customer acknowledges to have read and accepts these Terms and Conditions.
13. After the Customers places an order, the Seller sends an e-mail message confirming that the order has been submitted for execution together with the data regarding its execution, which include: specification of the main features of the goods ordered, delivery date, indication of the total price including taxes and shipping fees and presentation of the Customer’s personal data provided in the Order Form.
14.The Customer may choose to receive a VAT invoice that may be attached to the consignment. The option to receive a VAT invoice shall be selected by marking the appropriate check box when placing the order.
15. Recording, securing and sharing the content of the concluded contract is recorded, secured and shared by:
• making these Terms and Conditions available on the website of the Store
• recording the content of the contract in the IT system of the Store
16. The Seller reserves the right to refuse the execution of the order under the sale contract, if the contact details of the Customer are false.
§ 4 Made-to-Order Products
1. The Customer may order a custom-made Product from the Store.
2. The customisation service shall be governed by all the provisions of these Terms and Conditions. After the customisation service is provided to the Customer, the product becomes a made-to-order product, hence in accordance with section 7 subsection 12 it is not refundable.
3. The Seller does not offer designing the product from scratch but only customisation of products available in the Store, such as in particular: changing the size, changing the material or finishing.
4. To order a custom-made product, the Customer shall order the selected products that are subject to customisation.
5. Following the payment for the product to be customised, the Seller contacts the Customer by e-mail, with a request for specific information required to customise the product.
6. After receiving the full and correct set of information referred to above, the Seller confirms the order (by sending an e-mail message containing the data for the order execution, which include in particular: specification of the main features of the goods ordered, delivery date, indication of the total price including taxes and shipping fees, presentation of the Customer’s personal data provided in the order form) and proceeds to the order customisation.
7. The Seller shall complete the customisation design within 20 working days from the date of receiving the full set of information from the Customer, as referred to in subsection 5.
§ 5 Payment methods and due dates
1. The online Store accepts the following forms of payment for orders: bank transfer – payment in advance.
2. The Customer is obliged to make the payment within 3 working days of the purchase date.
3. If there is a need to refund the payment for a transaction made by the Customer, the Seller shall refund the money to the same payment instrument with which the Customer has made their payment.
§ 6 Shipping costs and delivery methods
1. The Customer shall incur the shipping costs of the ordered products to the place of destination.
2. The products are delivered to the indicated address in the Republic of Poland and the European Union. The fees for shipping the products are published in the panel and presented in an e-mail message containing the confirmation of the order receipt.
3. The delivery methods offered by the online Store are as follows:
4. Shipment via courier service;
5. Registered letter or parcel (Poczta Polska);
6. Collection in person.
7. The delivery time of the product is up to 3 working days in the case of products marked in the Store as “in stock”. In the case of made-to-order products or custom-made products – the product delivery time is specified at the subsites of the Store regarding the product or is provided by the Seller. The delivery time is calculated from the date the payment for the ordered goods is credited on the Seller’s account.
§ 7 Contract Rescission Right
1. The provisions in this section refer to rights granted only to the Customer who is a consumer.
2. The Consumer shall have the right to rescind a contract concluded with the Seller within 14 days of the date of receipt of the shipment or collection of the goods in person, without giving any reason.
3. The declaration on the contract rescission may be submitted by the Customer using the contract rescission form which is included at the end of the Terms and Conditions, both by post to the following address: PROFILEX Jerzy Malicki, ul. Składowa 17, 41-500 Chorzów and the contact e-mail address: info@profilex.net
4. The submission of the contract rescission declaration without using the form does not affect the effectiveness of the rescission. For the effectiveness of the contract rescission declaration, it is sufficient to send the declaration prior to the lapse of the time limit.
5. The Seller shall immediately confirm the receipt of the contract rescission declaration by e-mail (to the address given when placing an order).
6. The consumer should return the purchased products within 14 days of the date on which the contract rescission declaration was sent, to the address of the Seller.
7. In the case of sending the contract rescission declaration, the contract shall be deemed not concluded.
8. The consumer shall incur the direct cost of the return of the purchased products.
9. The consumer shall bear the liability for damages due to the reduction in the value of the items as a result of using them beyond the scope necessary to determine the nature, features and operation of the items, such as the cost of cleaning, repairing parts or breaking the tags. In order to determine the nature, features and operation of the goods the consumer should handle the goods and check them only in the same way they would do it in a physical store.
10.The Seller shall immediately, not later than within 14 calendar days of the date of receiving the rescission declaration from the consumer, refund all the payments made by the consumer to the consumer, including the shipping cost of the product (excluding any additional costs related to a delivery method selected by the Customer other than the cheapest delivery method offered by the Store). The Seller shall refund the payment using the same payment method the Consumer used, unless the consumer expressly agreed to another way of refunding the payment.
11. The Seller may withhold the refund of payments received from the Consumer until the Product is received back or until the Consumer submits a proof of sending it.
12. The right to rescind the contract shall not apply to contracts where the service refers to a custom-made product, i.e. non-prefabricated product, manufactured according to the specifications of the Consumer or serving to the Consumer’s individualised needs. Products of this type include in particular Products made according to a specific order of the Customer or custom-made ones.
§ 8 Contracts Concluded with Entrepreneurs
1. The provisions of this section shall apply only to contracts concluded with Customers who are entrepreneurs.
2. Placing an order on behalf of a legal person or an organisational entity without legal personality is tantamount to making a declaration that the person who places the order is authorised to represent the entity on behalf of which the order has been placed. Placing an order without a relevant authorisation shall result in the liability of the person placing the order for any damage arising from this fact.
3. The entrepreneur is obliged to examine the consignment supplied to him by a carrier in a customarily accepted manner, and in the event of loss of or damage to the product the entrepreneur is obliged to take all the necessary steps to determine the liability of the carrier.
4. The entrepreneur shall lose his right to implied warranty, if he failed to examine the items at the time and in a manner adopted for such items and failed to notify the seller immediately of the defect, and if the defect was identified later, he failed to notify the seller immediately after its identification.
5. The seller reserves the right to terminate the contract concluded with the entrepreneur within 14 days of its conclusion without giving any reasons.
6. Any disputes arising out of the performance of the contract concluded between the Seller and the Entrepreneur shall be settled by the Court having jurisdiction over the registered office of the Seller.
§ 9 Notice of Defect (Implied Warranty for Defects)
1. The Seller is obliged to supply products free from physical and legal defects.
2. The Seller’s liability for physical and legal defects shall expire after the lapse of two years from the date of delivering the product. Prior to the lapse of the above time limit, the consumer may notify the Seller of an identified defect in the following ways:
• by sending an e-mail to the address: info@profilex.net
• by making an oral declaration to the Seller and then submitting the declaration in writing.
3. The Consumer is not bound by the above methods of submitting a complaint notification form. The Consumer may submit a complaint notification form in any way with the use of a durable medium.
4. The complaint notification form should include:
• the forename and surname or the buyer’s business name;
• address of residence for correspondence;
• attached proof of purchase of the product (e.g. receipt, invoice, copy of payment, etc.);
• detailed determination of the goods subject to the complaint;
• presenting the defect describing the inconsistency of the goods with the contract and the date of its occurrence;
• the claimant’s request (withdrawal from the contract, reduction in price, replacement of the product, removal of the defect);
• the date of the signature of the claimant.
5. The Seller acknowledges the receipt of the complaint and requests that the consumer immediately supply the defective product to the Seller in order to respond to the claim.
6. If the complaint is not accepted, the goods will be returned together with an opinion as to the groundlessness of the complaint.
7. If the Seller fails to respond to the consumer’s complaint within 14 calendar days of the complaint delivery date, it is assumed that the consumer’s complaint and request have been accepted.
§ 10 Out-of-court means of dispute settlement
1. In order to settle the dispute which has occurred in connection with making a purchase in the Store, the consumer has the option to seek assistance in the following institutions before an action is brought in a common court of law:
• submitting an application for settling the dispute arising out of the contract of sale to the permanent consumer arbitration court referred to in the Act of 15 December 2000 on the Trade Inspectorate;
• applying to the Voivodeship Trading Inspectorate Inspector for instituting mediation proceedings for amicable settlement of the dispute;
• seeking assistance from the district or municipal consumer advocate or social organisation whose purpose is to protect the rights of consumers.
2. Detailed information about the out-of-court dispute settlement options and the availability of procedures are available in the registered offices and on the websites of the institutions such as Trading Inspectorate, district (municipal) advocates of consumers, social organisations engaged in the protection of the consumers’ rights and the Office of Competition and Consumer Protection.
3. At http://ec.europa.eu/consumers/odr there is a platform for internet settlement of disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is aninteractive and multi-lingual website with a service point for consumers and entrepreneurs who seek an out-of-court settlement of a dispute related to contractual obligations arising from the online sale contract or service contract.
§ 11 Final Provisions
1. The Seller reserves the right to amend these Terms and Conditions resulting from amendments to the provisions of applicable law or changes in the way of concluding and performing contracts. Such amendments shall not affect any placed, processed or executed orders or contracts.
2. Matters not regulated by these Terms and Conditions shall be governed by the generally applicable provisions, in particular the Act of 23 April 1964 – the Civil Code and the Act of 30 May 2014 on the Consumer’s Rights.
The Terms and Conditions shall enter into force on 2022.