TERMS OF USE

The following Terms of Use govern the rules of purchasing from the on-line store found at www.1618.design.

The online store manager is WW biżuteria 1978 Przemysław Wańczyk with his business site located in Zakopane, who is the sole proprietor and manager of this online store.

The following Terms of Use apply to the Seller and all Customers ordering from and making purchases at www.1618.design online store.

 

1. Preliminary provisions

 

1.1 Definitions:

 

1)   Terms of use – the following Terms of Use set forth the rules governing purchases made at www.1618.design online store;

2)   Store – online store found at www.1618.design;

3)   Seller – WW biżuteria 1978 Przemysław Wańczyk with the business site located in Zakopane (34-500), 4 Bogdańskiego Street, CEDIG / Tax Identification Number (NIP) 736-161-36-73, Company Registration Number (REGON) 121555810, e-mail address: contact@1618.design

4)   Customer – a legal person, a natural person, business entity not being legal entity, who has successfully registered his account at www.1618.design online store by obtaining login and password in order to make the purchase of a product;

5)   Product/Products – artistic, nonstandard jewellery items, made by Przemysław Wańczyk.

6)   Proper law – the proper law for obligations arising from the concluded sale agreements of Products are Polish rules of law. In case of contracts agreed with Customers of non-Polish residence the proper law governing the contracts will conform with the European Parliament and the Council of the European Union regulation (WE) no. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Polish Journal of Laws UE L 177 of 4 July 2008) and the decisions of these Terms of Use are in accordance with the European Parliament and the Council of the European Union directive 97/7/WE of 20 May 1997 on the protection of consumers in respect of distance contracts (Polish Journal of Laws WE L 144 of 4 June 1997);

7) Legal provisions – The Civil Code Act of 23 April 1964 (Polish Journal of Laws of 1964 no. 16 item 93 as amended), 27 July 2002 Act on specific terms and conditions of consumer sales and amendments to the Civil Code (Polish Journal of Laws of 2002, no 141, item 1176 as amended); 2 March 2000 Act on protection of certain consumer rights and liability for damage caused by a hazardous product (Polish Journal of Laws of 2000, no. 22, item 271 as amended), 29 August 1997 Personal Data Protection Act (consolidated text: Polish Journal of Laws of 2002r., no. 101, item 926 as amended).

 

1.2 Product information

All items offered in online store are new, protected by copyright and made according to Przemysław Wańczyk’s own designs.

All products are made by hand and they constitute a combination of traditional and more typically used jewellery materials, combined with traditional jewellery craftsmanship with the use of non-standard technologies and forms.

Products are made as unique designs as well as in limited series (information on product’s uniqueness or originality is displayed next to its online description).

In the process of production not only metal ores, brass, different metals, crystals and stones (including gemstones) are used but also delicate and fragile materials such as wood, paper, silk, cloth and glass, plastic.

Some Products are made from recycled elements, items found at flea markets as parts of old, unused objects (e.g. clock mechanisms, chandeliers). Working with elements and materials that bear traces of time and use do not mean that these Products have physical faults.

Bearing in mind that Products are hand made and that non-standard materials are used for their production the Seller reserves the right to produce items of slightly different final appearance within limited series.

Please be aware that some Products’ images displayed on the website may slightly differ from the ones delivered to the Customer however, these minor differences between Products of the same series result from particular methods or materials which were used in production.

The Seller reserves the right to display on the website the photographs of Products of slightly different colours than the original ones.

Photographs and other forms of visualization and presentation of Products presented on this website do not show the real size of Products and are for illustrative purposes only.

The Seller informs that Products – due to their hand made nature, vulnerability and fragility of the used materials, should be worn solely in accordance with their stated function and stored appropriately to their properties. Products must not be worn while doing housework in order not to cause any mechanical or chemical damage to them nor washed, cleaned with chemicals nor get in contact with alcohol, caustic agents, dissolvents, colorants, discolouring clothes (e.g. denim). Bearing in mind the fact that Products are made from non-standard materials the Seller forbids any contact of Products with water (e.g. no bathing).

Any complaints filed by the Customer resulting from unawareness of Products’ specificity as mentioned above as well as the failure to observe rules of handling Products described in the Terms of Use will not be handled by the Seller.

Each Product purchased from the Store featuring a gemstone, natural stone or being of unique design is accompanied by the certificate from the Seller.

 

1.3 Price

All prices of Products offered in the Store are quoted in Polish Zlotych (zł).

The quoted prices include the statutory Value Added Tax but do not include a delivery charge.

All prices may be subject to change and the Seller reserves the right to organise (hold, modify and cancel) promotional actions in the Store.

The price displayed next to the Product at the time of purchase by the Customer will govern the sale of this Product and will be binding for both parties of the sale agreement.

 

1.4 Promotions

Promotion refers to the sale of Products on conditions which are more profitable than standard ones in the Store.

No promotions offered in the Store may be combined with any other promotion offered by the Seller. The Customer is entitled to only one promotion at a time unless regulations of the promotion provide otherwise, e.g. there is a possibility of combining a few different promotions.

 

2. Registration and login

To place orders for the Products at the Store it is necessary for the Customer to fill order form, with all necessery informations which means that you accept the Terms of Use.

 

 

3. Placing orders

The Seller sells Products at the Store by using the Internet network.

The website and the information regarding Products available from the online Store do not constitute an offer as provided for by the Civil Code and should be treated only as an invitation to enter into sale agreement.

In order to buy the Product the Customer makes an offer of purchase by filling in the order form and accept the Terms of Use.

The Product sales agreement is considered effective on the date the Seller sends an e-mail to the Customer confirming the shipment of the ordered Product.

Once the Customer has placed an order, if he has supplied the Seller with his e-mail address in registration form, the Customer will receive the order confirmation from the Seller informing about the shipment of the ordered Product (if the Product is available at that time) or predicted time of delivery (if the Product is not in stock at that time).

Please note that due to the unique nature of Products or unique materials they are made of the Seller reserves the right to reject the order, limit the manner of payment or ask for pre-payment from the Customer.

 

4. Order change or cancellation

The Seller allows for the Customer to make changes to the placed order only before the Seller has sent an e-mail to the Customer’s e-mail address confirming the dispatch of a Product.

Until the abovementioned e-mail has been sent by the Seller the Customer may also cancel the placed order.

 

5. Order fulfilment time

If the ordered Product is at the time available from the Store and the Customer has chosen the form of payment referred to as ”transfer” or ”credit card/e-transfer” the Seller will dispatch the Product not later then within 7 working days after the full amount has been accredited to the Seller’s account.

The Seller processes the orders within lead times specified above however, the orders placed after 4 pm on a working day as well as on non-working days (Saturdays, Sundays, holidays) will be handled as orders made on the next working day and since that day lead time will be calculated.

In case of non typical orders (personalized, specific, unique items) extended times of processing will be agreed with the Client.  In exceptional cases e.g. when the ordered Product is not available from the Store the Seller may have extended lead times of which the Customer should be notified in the e-mail confirming order processing. In this case no changes or cancellations made by the Customer within two working days from the receipt of the e-mail from the Seller will mean the acceptance of the extended lead times, according to the Seller’s predictions.

Working days are considered to be weekdays excluding non-working days (holidays).

The ordered Product will be dispatched from the Seller by a courier or Polish Post. Advice note will be left if the Customer is not to be found by the courier or Polish Post employee at the indicated address.

Product delivery charges are to be borne by the Customer.

Product delivery charges within the territory of Poland are as follows:

–        30 zł – if Polish Post handles the shipment,

–       30 zł – if courier handles the shipment.

The Seller reserves the right to change the delivery charge of a particular order due to its value, number of Products, particular type of a Product requiring a special packaging etc.

Product delivery charges to the locations outside the territory of Poland, as well as the final costs of delivery to the locations within the territory of Poland will be provided each time by the Seller in the e-mail confirming the order.

The Seller bears no responsibility for delays of delivery for reasons beyond her control and which were not her fault. If the Seller possesses information of such a cause she will notify the Customer immediately and provide him with the predicted delivery time.

 

6. Methods of payment

The Store accepts the following methods of payment:

1. Bank transfer to the account of the Store: PL 88 1050 1474 1000 0090 9030 4909, Code BIC Swift: INGBPLPW. Please fill in the order number and Product symbol as seen on the website in the Purpose of Payment field;

2. Credit card/e-transfer – payment processed in real time following the methods of payment as displayed by the Store, directly by the Seller or the entity acting on commission of the Seller.

If the Customer chooses ”Bank transfer” as the form of payment the due amount must be paid on the Store’s account within 7 working days and failure to provide the payment will result in the order being cancelled.

 

7. Bills, invoices, sale agreement confirmations

All sale transactions of Products made at the Store are accompanied by proofs of sale in the form of receipt or VAT invoice.

VAT invoice may be issued if specifically indicated by the Customer when placing an order or not later than within seven days from receiving the Product (if the invoice concerns the sale already registered by a cash register the Customer must return the receipt of sale to the Seller together with the invoice copy).

VAT invoice is issued by the Seller upon receiving all necessary data from the Customer. Failure to provide the Seller with all necessary data for the invoice completion within seven days from the delivery of Product will relieve the Seller from the obligation to issue the invoice.

Pursuant to 27 July 2002 Act on specific terms and conditions of consumer sales and amendments to the Civil Code regarding the sale of Product at the price exceeding PLN 2000 (two thousand) the Seller will inform the Customer (natural person, buying the Product for reasons unrelated to business or professional activity) in writing about all important decisions of the concluded Product sale agreement. This information will be delivered by the Seller to the Customer together with the purchased Product.

Pursuant to Article 5 of Directive 97/7/WE of the European Parliament and the Council of 20 May 1997 on the Protection of Consumers in respect of Distance Contracts (OJ WE L 144 of 04 June 1997) if the Customer purchasing Products resides in a European Union country other than the Republic of Poland the Seller will additionally provide the Customer with written information on conditions and procedures regarding rescission of the agreement at the latest on the day of Product delivery.

 

8. Damaged shipment

Prior to signing the delivery receipt the Customer is required to inspect the shipment for any damage to the outer box during transfer or whether the shipment had been open (e.g. protective tapes were ripped).

If the shipment box appears to be damaged or open the Customer should refuse to accept the shipment and file for an insurance claim and immediately notify the Store of receipt of damaged or non—conforming product otherwise the Product will be considered delivered to the Customer free of any faults.

Inspection of the shipment by the Customer upon arrival is crucial for accepting any claims made by the Customer for damage or theft of the shipment or any of its part during transportation.

If the Customer accepts the shipment notwithstanding its damage and the received Product is affected by mechanical damage of external origin then the Customer may not make a claim for statutory warranty or warranty service.

 

9. Rescission of the sale agreement and return of Product

In accordance with Art. 7 Act on protection of certain consumer rights and liability for damage caused by a hazardous product the Customer may cancel the sale agreement without having to provide reasons.

In order to cancel the sale agreement the Customer should provide the Seller with a written notice of sale agreement rescission, no later than 10 (ten) days from the date of Product receipt. The notice of sale agreement rescission must be sent to the postal address of the Seller’s business site.

In case of cancelling the sale agreement the agreement is considered null and void, the Seller will provide the Customer with a full refund of the purchase price and the Customer will return the Product which has not been used in any way and shows no signs of wear.

The Product should be returned immediately after the notice of sale agreement rescission has been sent, no later than 14 days after the Customer has cancelled the order.

The returned Product will be accepted by the Seller only if sent in the original, packaging including all contents (Product, label, receipt, invoice etc.) and it will show no signs of use, alteration etc.

According to the Art.38 on protection of certain consumer rights, the Customer does not have the right to cancel the sale agreement if the product is custom made, on the basis of individual settlements of the Client, not prefabricated or personalized.

If the Product is made with the use of gem stones, pearls or other precious materials the return to the Seller and its acceptance will be possible only after expert’s opinion regarding authenticity of the abovementioned gem stones, pearls etc. has been obtained.

The abovementioned return of Product is made at the expense of the Customer (as a registered shipment at the price quoted by Polish Post).

The Seller does not accept COD shipments.

In the notice of rescission of Product sale agreement the Customer must provide the Seller with the bank account number and the Seller will refund the Customer with the amount paid and incurred costs of Product return.

Failure to provide the Seller with the bank account number will result in Seller transferring the due amount to the same bank account which was charged at the time of purchase – in case of bank transfer, or by postal money transfer to the Customer’s postal address (as indicated in registration form) – in remaining cases.

The Customer will be refunded within seven days from the date of sale agreement rescission and receipt of the Product by the Seller.

In case of rescission of Product sale agreement by the Customer the Seller must confirm the return of Product in writing.

 

10. Complaints
The complaint must be accompanied by the faulty Product, description of the fault as well as the copy of the receipt or VAT invoice, which is the proof of the purchase. For the abovementioned purpose the Customer may use the complaint form template attached as Annex 1 to these Terms of Use.

The Customer who is a natural person and purchases the Product for reasons unrelated to business or professional activity loses his right to file a complaint if he does not notify the Seller of such defect within two months upon its notice.

The delivery of a faulty Product is at the Customer’s expense.

The Seller will handle the complaint within 14 days from the receipt of the faulty Product from the Customer.

In the event of a defect in a Product that is found by the Seller to be attributable to the Seller (who is also the producer of Products), the Product will be repaired and shipped to the Customer at Seller’s expense.

In the event of a defect in a Product that is found by the Seller not to be attributable to the Seller (when the defect results from Customer’s misuse of Product, including but not limited to its storage causing mechanical defects, scratches or changes to the shape or structure, or force majeure) the Seller will notify the Customer about the predicted costs of Product’s repair.

 

11. Privacy policy

By registering to the Store and providing the data in the registration form for the purpose of order placement and possible claim settlements as well as for information and marketing purposes (presenting offers of products sold at the Store) the Customer expressly agrees to have his data stored and processed.

The gathered data is not processed or used for any other purpose by the Seller.

The Store processes Customer’s data fairly and lawfully.

The Store does not transmit, sell nor share Customer’s personal data to other parties.
Pursuant to Personal Data Protection Act the Customer has the right to access, change his data, delete or demand to have the processing of personal data ceased. The Customer may agree to receive e-mail information regarding the Seller’s offer as well as her business and creative activities.

 

12. Final provisions

The Seller is entitled to transfer all or part of her rights and obligations related to the Store management without Customer’s consent.

Any comments and notes regarding the functioning of the Store, the breach of Terms of Use, offers of Products, accuracy of provided data or any other noted misstatement as well as any other statements and applications to the Seller need to be sent to the Seller’s e-mail address.

The Seller reserves the rights to amend the Terms of Use at her discretion.

All amendments become binding as soon as they are published on the Store’s website. Amendments to the Terms of Use do not affect Customer’s rights and obligations related to orders which have been already accepted by the Store.

Customers agree to check the Terms of Use at regular intervals for any changes or appendices. By logging in at the site the Customer accepts the binding version of the Terms of Use at the time.

If the Customer refuses to accept the changes to the Terms of Use he is required to refrain from further logging in and inform the Seller about this decision. Non-acceptance of the changes to the Terms of Use results in Customer’s account being removed from the site.

The Seller and the Customer contracting the sale agreement of Products will use their best efforts to resolve amicably any dispute arising from these Terms of Use as well as contents and performance of sale agreements of Products. However, if the parties cannot settle their dispute amicably the matter should be submitted for arbitration to the court of competent jurisdiction in Poland.

The matters not regulated in these Terms of Use the relevant legal provisions and regulations of the Republic of Poland will apply.