TERMS AND CONDITIONS OF THE THOHT JEWELS ONLINE STORE
The terms used in these Terms and Conditions shall have the meaning specified below:
Seller – THOHT JEWELS Sp. z. o. o with its seat in Warsaw (00-382), ul. Solec 56, website: www.thoht.pl; e-mail:firstname.lastname@example.org ; VAT number (NIP):5252830583 , REGON:38665062900000 , entered in the Central Register and Information on Business (KRS 0000852124).
Web Store – web service enabling customer to order Goods via the Internet, operating under the following addresses: www.thoht.pl.
Customer – a person of age, corporate person, and an organisational unit other than a corporate person awarded legal capacity under a separate legal act – performing business on his/her own behalf and purchasing Goods via the Web Store.
Consumer – a physical person of age performing a legal activity not directly related to his/her business or profession, and purchasing Goods via the Web Store.
Goods – product offered by the Seller to be sold via the Web Store.
Receipt – document issued by the Seller to confirm the purchase. It can be a receipt or a VAT invoice.
Cart – a Web Store function to allow the Customer/Consumer to determine and modify the order data, in particular: quantity of products, delivery address, invoice data, delivery method, payment method, coupon number or discount card entry.
Product page – a page in the Web Store with information on specific piece of Goods.
User Account – a resource of access to the Web Store function, secured with login and password individually allocated by the Customer/Consumer, which provides for viewing one’s orders in the past and purchasing Goods in the future without the need for entering one’s identification data each time.
Service PayPal- PayPal (Europe) S.à r.l. & Cie, SCA with headquarters at L-1150 in Luxembourg holds a valid license as a Luxembourg credit institution within the meaning of Article 2 of the Financial Sector Act of April 5, 1993 as amended and is closely supervised by the Luxembourg supervisory authority, Commission de Surveillance du Secteur Financier (Financial Sector Supervision Commission). Due to the fact that the service is limited to electronic financial transactions, which are not considered to be deposits or investment services in the spirit of the Act, PayPal customers are not protected by Luxembourg deposit guarantee programs operated by the Association pour la Garantie des Dépôts Luxembourg (AGDL). PayPal Inc. is the parent company of PayPal (Europe) S.à r.l. & Cie, S.C.A. Its headquarters are in the United States, California.
Service PayU S.A.- Headquarters: Street Grunwaldzka 186, 60-166 Poznań, NIP: 779-23-08-495
Przelewy24 Service – owned by DialCom24 Sp. z o.o., Street Kanclerska 15, 60-327 Poznań, phone number: (61)847-52- 64, fax: (61)847-08- 38, WWW: www.przelewy24.pl, e-mail: email@example.com. DialCom24 Sp. z o.o. acts as an agent of PayPro SA. PayPro SA runs business in the area of payment services pursuant to art. 171 of the Act on Payment Services as regards payment services envisaged for Clearing Agent business. Any complaints and remarks about payment using this channel should be made to the aforementioned phone numbers and addresses.
The bank card operator shall be PayPro SA Agent Rozliczeniowy, street Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register (KRS) held by District Court Poznan – Nowe Miasto & Wilda in Poznań, 8 th Commercial Department of the National Court Register as number KRS 0000347935, VAT number (NIP) 7792369887, Regon 301345068.
Terms and Conditions – this document which stipulates the terms of using the Web Store, being an integral part of the contract concluded between the Seller and the Customer, or between the Seller and the Consumer.
The precondition for ordering Goods and performing a sale transaction is to complete a registration form, and to accept the Terms and Conditions.
The contents of the Terms and Conditions shall be available at the Seller’s seat, and on the Web Store website.
When purchasing Goods at the Web Store, the Customer/Consumer shall be obliged to complete a registration form, wherein they confirm, by checking relevant boxes in the form, they have got acquainted with the Terms and Conditions.
The Customer/Consumer must not provide illegal contents via the Web Store.
The Web Store offer shall apply exclusively on the territory of Poland.
Orders at the Web Store shall be executed exclusively on the territory of Poland.
Orders are to be placed in Polish.
Issues covered and not covered by these Terms and Conditions shall be exclusively governed by the laws of Poland.
Web Store Technical Requirements
In order for the Web Store to operate correctly, you will need a computer, a web browser, Internet access, and an active e-mail box.
An e-mail account is necessary to purchase Goods.
The Web Store shall store cookies on the Customer’s/Consumer’s computer to uphold a session, owing to which the Customer/Consumer can smoothly navigate on every page of the Web Store without losing Goods saved in the Cart, and to create Web Store statistics.
Price and properties of Goods in reference to the Consumer
Prices of Goods placed on the product page:
a. are inclusive of VAT,
b. are stated in PLN and Euro
c. do not contain information on cost of shipment.
The binding and final price shall be the price of Goods stated in the Cart upon order placement by the Consumer on the Web Store website.
Information on total value of the order shall be presented in the Cart, after the Consumer has selected the Goods delivery method and payment method.
The Seller reserves the right to change prices of Goods at any time. Changes to the prices of Goods shall not affect orders submitted before the enforcement of the price change.
If in doubt about the Goods presented in the Web Store and their properties, the Consumer may obtain information from the Seller via available communication channels specified in the “Contact” tab.
Price and properties of Goods in reference to the Customer
Prices of Goods placed on the product page:
a. are inclusive of VAT,
b. are stated in PLN and Euro
c. do not contain information on cost of shipment.
Goods are sold at prices applicable on the shipment date, which may differ from original prices stated on the product page. The Seller shall inform the Customer about each and every change to the price of Goods before issuing the receipt.
The price of Goods shall be enlarged by the cost of shipment , which depends on the selected delivery and payment methods.
The Seller shall reserve the ownership of Goods until the Customer has made full payment for the order.
The Seller shall make every effort to ensure the correctness of all the specifications of Goods, but the Seller reserves the right to rectify or change such information without notifying the Customer.
The Seller does not guarantee that the Goods will be fit for purposes other than stated on the product page.
Terms for order placement and execution at the Web Store
Orders shall be accepted exclusively via the Web Store.
The Customer/Consumer may place orders for Goods available in the Web Store 7 (seven) days per week and 24 (twenty-four) hours per day.
After entering the Web Store, the Customer/Consumer shall place an order pointing to the Goods they are interested in by specifying the quantity of Goods ordered on the product page, and selecting the “Add to Cart” option.
In the Cart, the Customer/Consumer shall:
a. specify the Goods delivery method by the Seller,
b. specify the convenient method of payment for the Goods,
c. confirm the order.
The Customer/Consumer may also register at the Web Store to create a User Account.
In order to create a User Account, it is necessary to enter one’s login (nickname) and assign a password for future log-in to identify the Customer/Consumer.
User Accounts at the Web Store are free of charge.
After selecting all the interesting Goods at the Web Store, the Customer/Consumer shall click the “Cart” function.
After verification of Cart contents against one’s expectations, click the “order” button, thus commencing the order placement process. The order placement procedure shall include the phases specified below, completing them by clicking relevant buttons:
a. Order – provide the necessary contact data to execute the order or log in by using the login and password to the User Account. When creating a User Account or making a purchase without logging into the User Account, confirm you have been acquainted with the Terms and Conditions. Next, click “Save” to continue with the order placement.
b. Delivery address – confirm that the shipment address is correct, or add another address if it differs from the address from subpar. a/
c. Shipment methods – select one of the available methods and costs of Goods shipment to the Customer/Consumer. By default, the Seller shall send Goods with payment upon delivery. The Customer/Consumer may select other delivery method and payment by bank transfer before shipment of Goods. After making the selection, click the “Save” button.
d. Payment method – If the Customer/Consumer has selected another delivery method than the default payment upon delivery, this is where you can make a payment by bank card or using Dotpay. At this stage, you can also add your comments, suggestions, or questions. After making the selection, click the “Save” button.
e. Order confirmation – clicking the “Order Confirmation” button shall mean that the Customer/Consumer has submitted an offer for concluding the contract on the sale of Goods ordered.
After placing the order, an e-mail with information about the order placed shall be sent to the e-mail address provided by the Customer/Consumer.
Order placement via the Web Store shall not be equivalent with its acceptance. The Customer/Consumer shall be informed at his/her e-mail address about order acceptance by the Seller.
Orders shall be executed in the order of their placement.
Order delivery period shall depend on the product availability at the Seller’s warehouse, and cannot be longer than 30 days from order acceptance by the Seller.
At the product page of each of the Goods, product availability shall be stated, as well as the estimated shipment time calculated as business days, namely Monday to Friday except for statutory holidays, where the parcel is to be shipped, and at what time the Goods shall be available at the Collection Point.
The Seller shall not be liable for a prolonged delivery period or lack of delivery due to the fact that the Customer/Consumer has provided incorrect or incomplete data, including incorrect or incomplete delivery address.
As regards the Customer, the Seller shall not be liable for breach of contract due to impossibility to execute the order directly or indirectly caused by factors out of the Seller’s control, in particular including war, riots, governmental interventions, failures, delays in transport, employee disputes, fire, floor, or force majeure.
If the Customer/Consumer has selected another delivery method than payment upon delivery, the order delivery period stated on the product page shall be calculated from the day of crediting the Seller’s bank account with the amount due for the order.
Contract termination by the Consumer
The Consumer may return any of the Goods ordered at the Web Store without stating the reason within 14 calendar days from reception of the order, on the condition of submitting a statement on contract termination and of returning the Goods in a non-altered form. The template of the Consumer’s statement has been provided in Annex 1 hereto.
In the event of contract termination, after the terms specified in section 1 have been met, within 14 calendar days, the Seller shall reimburse to the Consumer the price paid for the Goods at the bank account stated in the contract termination statement, or in cash at the Collection Point.
Contract termination by the Customer
The Seller does not envisage a possibility of the Customer terminating the contract or not paying for the Goods delivered by the Seller, except for cases envisaged by the generally applicable legal regulations.
Complaints submitted by the Consumer
The Seller shall be liable to the Consumer if the Goods do not conform to the contract upon release; if the non-conformance is detected before the end of six months from goods release, it shall be assumed that the non-conformance existed upon release.
The Consumer shall have the right to submit complaints within 2 years from release of the Goods, provided that s/he notifies the Seller about non-conformance within two months from stating the non-conformance.
The Seller shall handle the Consumer’s complaint within 14 calendar days, and shall notify him/her about the method of procedure. If the Seller fails to reply to the Consumer by that deadline, this shall mean the complaint has been acknowledged.
If the Goods do not comply with the contract, the Consumer may request they be altered to conform to the contract by way of free-of- charge repair or replacement unless the repair or replacement are impossible or require excessive costs. When assessing excessive costs, the value of the conforming Goods is accounted for, as well as the type and extent of non-compliance, as well as inconveniences caused to the Consumer by any other way of rectifying the situation.
Free of charge repair and replacement in the meaning of section 4 shall mean that the Seller shall also be obliged to reimburse costs incurred by the Consumer, including the costs of disassembly, delivery, labour, materials, as well as reinstallation and start-up.
If, for reasons specified in section 4, the Consumer cannot request repair or replacement, or if the Seller fails to satisfy such a claim in respective time, or where repair or replacement would expose the Consumer to significant inconvenience, the Consumer shall have the right to request relevant price reduction, or to terminate the contract. The Consumer cannot terminate the contract where the non-conformance is insignificant. When specifying relevant time for repair or replacement, the type of the Goods and purpose of making the purchase shall be accounted for.
The Goods complained about must be sent or supplied to the Seller.
Complaints submitted by the Customer
Customers purchasing Goods shall have the right to submit complains according to the applicable regulations, whereas the Seller’s liability under warranty for physical defects of the Goods shall be limited to the amount paid by the Customer to the Seller for purchasing the Goods.
Goods covered by the complaints, subject to section 1, must be returned in the condition asupon delivery to the Customer. If in doubt, the following shall not be deemed as Goods being in the same condition as upon delivery to the Customer:
a. Goods other than in the original packaging,
b. in marked or damaged packaging,
c. subject to wear and tear,
d. missing documentation on guarantee/warranty;
Defects shall be accounted for by the Seller in the following situations:
a. where damage or loss of Goods occurred during transport,
b. where there is shortage of Goods, and the Customer has notified the Seller about the fact within 48 hours from delivery date.
Subject to sections 2 and 3, the Goods shall be replaced where the defects have been proven to the Seller in a manner not raising any objections.
The Seller shall not account for claims for reimbursement of expenses, repair of damage or other loss, or consequential damage, and all liability in this respect is hereby expressly excluded.
The Customer shall return the Goods complained about at his own expense.
Any non-conformances in the Receipt must be submitted in writing to the Seller within 14 days from the date of the Receipt.
Complaints will be handled after the defective Goods have been submitted together with the Receipt.
The complaint handling period amounts to 30 days.
Personal data protection
The Customer/Consumer agrees to the Seller’s processing of his/her personal data submitted during the Goods purchase at the Web Store.
Submission of the Customer/Consumer’s personal data shall be voluntary, but lack of consent to the Seller’s processing of personal data may prevent the Seller’s electronic services and the Customer/Consumer’s purchase at the Web Store.
Personal data shall be processed exclusively by the Seller, and shall not be made available to anyone, except for authorities specified in the act of 29 August 1997 on personal data protection (consolidated text: OJ 2002, No. 101 item 926).
The Seller shall process personal data to render services electronically, and to conclude sale contracts with the Customer/Consumer as regards Goods ordered by the Customer/Consumer at the Web Store.
By obtaining a separate consent from the Customer/Consumer, the Seller can process his/her personal data for marketing purposes, including to electronically send commercial information to the Consumer.
The Customer/Consumer shall have the right to access their personal data and to correct or delete such data. For this purpose, contact the Seller via e-mail.
Any disputes that may result from the application of these Terms and Conditions in the relations between the Seller and the Customer shall be addressed to the court having competence over the Seller’s seat.
Any disputes that may result from the application of these Terms and Conditions in relations between the Seller and the Consumer shall be addressed to courts having competence as specified in the applicable regulations.
Information about products, as placed on the Web Store site, shall not constitute an offer in the meaning of the Civil Code.
Availability of information about the Goods on the Web Store pages shall not mean availability of such Goods and possibilities of executing the order.
The Seller does not exclude the possibility of temporary suspension of the Web Store availability in the event of a need for maintenance, or the need to modernise or extend the Web Store.
Issues not regulated by these Terms and Conditions shall be governed by the laws of Poland, in particular the Civil Code, and regulations of:
Act of 2 March 2000 on protection of some consumer rights and liability for damage caused by a dangerous product (consolidated text: OJ of 2012, , item 1225),
Act of 18 July 2002 on electronic services (OJ of 2002, No. 144 item 1204, as amended),
Act of 27 July 2002 on special conditions of consumer sales and amendment of Civil Code (OJ of 2002, No. 141 item 1176, as amended).
The Seller reserves the right to amend these Terms and Conditions.
Amendments of these Terms and Conditions shall become effective by the date indicated by the Seller, not shorter than 7 days from making available of the amended Terms and Conditions on the Web Store’s website.
Orders submitted by the Customer/ Consumer before the enforcement of the Terms and Conditions shall follow previous provisions of the Terms and Conditions.
These Terms and Conditions have been published on 9 November 2013.