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Regulations

Terms and Conditions

TILIA PRACOWNIA BIŻUTERII Magdalena Meissner

 

  1. POSTANOWIENIA OGÓLNE

1.1.   On Line shop available at: www.tiliaa.com, carried by Magdalena Meissner, entrepreneur under the name of Tilia Pracownia Biżuterii Magdalena Meissner (the seat address and correspondence address: ul. Lipowa 30B, Chmielowice, 46-070 Komprachcice), REGON: 160391433, NIP: 7541932055; mail: tilia@tiliaa.com; phone no. 508 348 514.

1.2.   Terms are directed both to consumers and to people who are not consumers, particularly entrepreneurs (with the exception of Section 10 of the Regulations, which is directed only to persons who are not consumers).Definitions:

1.2.1.      ORDER FORM - an electronic service, interactive form available in the online store that allows submission of orders, in particular by adding products to the electronic cart and establish conditions of Purchase Agreement, including the method of delivery and payment;

1.2.2.      CUSTOMER - (1) a natural person having full capacity to act, and in the cases provided for by the rules generally applicable as a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law recognizes the legal capacity
who has concluded or intends to conclude a Purchase Agreement with the Seller;;

1.2.3.      KODEKS CYWILNY – ustawa z dnia 23 kwietnia 1964 r. – Kodeks cywilny (tekst jedn. Dz. U. z 2014, poz. 121 ze zm.) Polish Civil Code;

1.2.4.      PRODUCT - available at the online shop the object, which is the subject of the Sale Agreement between the Customer and the Seller; The products are brand new, free from physical and legal defects; in exceptional cases, if it is clearly marked with the name and / or in the description of the Product may constitute Used, each such product is in a state suitable for further use for its intended purpose;

1.2.5.      REGULATIONS – these terms and conditions of the online shop;

1.2.6.      ONLINE SHOP – online shop available at www.tiliaa.com;

1.2.7.      THE SELLER - Magdalena Meissner, operating under the name of Tilia Pracownia Biżuterii (address and correspondence address ul. Lipowa 30B, Chmielowice, 46-070 Komprachcice), REGON: 160391433, NIP: 7541932055;mail: tilia@tiliaa.com; phone no: 508 348 514;

1.2.8.      SALE AGREEMENT - Product sale contract concluded between the customer and the seller via the Online Store;

1.2.9.      ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Online Store;

1.2.10.  THE SERVICE RECIPIENT - (1) a natural person having full capacity to act, and in the cases provided for by the rules generally applicable as a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law recognizes the legal capacity uses or intends to use the Electronic Services;

1.2.11.  CONSUMER ACT – ustawa z dnia 30 maja 2014 r. o prawach konsumenta (Dz. U. poz. 827 ze zm.);

1.2.12.  ORDER - Customer's statement submitted by the Order Form aim at concluding the Product Sale Agreement with the Seller.

  1. ELECTRONIC SERVICES AT ONLINE SHOP

2.1.   Using the Electronic Services - Order Form begins when adding by the Customer first Product to Shopping Cart in the Online Shop. Placing the order means the execution by the Client the following next two steps - (1) after completing the Order Form and (2) click on the online shop after completing the Order Form the button "Confirm Order " - until then, there is the possibility of self-modify input data ( to do this, follow the prompts and information available on the online store.) In the Order Form it is necessary to provide by the Customer the following data: name /company name, address (street, house /apartment, postal code, city, country), email address, telephone number and information concerning the Sale Agreement: the product(s), the number of Product(s), place and way of delivery of the Product(s), method of payment. For customers who are not consumers, it is also necessary to place the company name and the tax identification number

2.2.   Electronic Service – Order Form is provided free of charge, and a one-off and is terminated at the time of placing the Order through it, or at the time of receipt of an early termination of contracts through it by the Client.

2.3.   The technical requirements necessary to support the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) The browser is configured correctly in accordance with the standards of Microsoft Internet Explorer version not lower than 5.5 or Opera versions 7.x and higher, or Firefox version 1.x, Chrome; (4) The minimum screen resolution [800 x 600]; (5) computer Recipients must have the option of accepting "Cookies".

2.4.   The Service Recipient is obliged to use the Internet Store in accordance with the law and morality whereas respect for personal rights and copyright and intellectual property of Service Provider and the third parties. The Service Recipient is obliged to input data consistent with the facts. The delivery of illegal content by the Recipient is strictly prohibited..

2.5.   Complaint procedure:

2.5.1.      The claims associated with the provision of electronic services by the service provider and other complaints related to the operation of an online store (with the exception of the complaints procedure of the product, which was indicated in paragraph 6 of the rules of procedure) the customer may consist, for example:

2.5.1.1.  in writing to the address of the service provider;

2.5.1.2.   in electronic form via email to the following address: tilia@tiliaa.com.

2.5.2.      It is recommended to identify by the recipient in the description of the complaint: (1) information and facts relating to the subject of the complaint, in particular the nature and the date of occurrence of irregularities; (2) the request of the recipient, and (3) the contact details of the applicant complete-this will make it easier and speed up the consideration of the complaint by the service provider. The requirements listed in the previous sentence shall take the form of a recommendation only and do not affect the effectiveness of the complaint made in disregard of the prescribed description of the complaint.

2.5.3.      The service provider answers to the complaint received from the recipient and inform him about the way of considering it, in particular, in writing or via email, if the customer provided the email address for this purpose.

 

  1. WARUNKI TERMS OF CONCLUSION THE SALE AGREEMENT

 

3.1.   Conclusion of Sale Agreement between the Customer and the Seller follows a prior placing by the Customer the Orders using the order form online, in accordance with point 2.1. the rules of procedure.

3.2.   The price of a product specified at the online store is given in Euro and includes taxes. The total price with taxes the product which is the subject of the contract and the delivery costs (including fees for transportation, delivery and postal services) and other costs, and - if it is not possible to determine the amount of these charges, about the necessity of their bearing, - the client shall be informed online during the placing of his/her order, including the time of the expression by the client his will to enter into the agreement of sale.

3.3.   After placing the order, the seller shall acknowledge its receipt and acceptation of the Order for execution. Acknowledgement of recept and acceptation of the order is done by sending by the seller to the customer an appropriate email to the specified during the ordering customer's electronic mail address, which includes at least a statement of the seller of the receipt of the order and of its adoption to implementation and confirmation of the conclusion of the contract of sale. Upon receipt by the customer of this e-mail, the agreement of sale between the customer and the seller is executed.

3.3.1.      The Customer is entitled to correct the placed at online shop order.

3.4.1. Making corrections is done upon the arrangements made between the parties by telephone or email.

3.4.2. The contract shall be corrected upon the receipt by the customer from the seller an e-mail, confirming the agreed corrections.

3.4.3. The correction of the contract is not possible after the issue of the receipt/invoice, or placing the product for shipping.

3.5 Securing and sharing to the client the content of concluded agreement of sale shall be effected by: (1) the provision of the terms and conditions of procedure on the online store and (2) sending the customer an e-mail message referred to in point 3.3.of the terms and conditions. The content of the agreement of sale is further recorded and secured by the computer system of online shop of the Seller.

  1. METHODS AND TERMS OF PAYMENT

4.1.   Payment for Product is made by bank transfer to the bank account of the seller, specified in an e-mail message, referred to in point 3.3. the terms and conditions, or cash into the hands of the carrier before releasing the product to the customer (payment "cash on delivery").

4.2.   the customer selects payment method

4.3.   in the case of certain types of product range and, in particular, on individual order, the seller reserves the right to restrict the payment method by exclusion the payment "cash on delivery”.

4.4.   . in the case of the customer's choice of payment by bank transfer to the bank account of the seller, the customer is obliged to make the payment within 5 days from the date of conclusion of the agrement of sale.

4.5.   In the case of customer's choice of payment on delivery, the customer is obliged to make the payment on delivery of the product.

  1. THE COSTS, METHODS AND TIME OF DELIVERY

 

5.1.   Delivery of the product to the customer is paid, unless otherwise provided in the agreement of sale. The cost of delivery of the product (including transport, delivery and postal services) are provided to the customer on the online shop while placing an order, as well as at the time of the expression by the client his will to be bound by the agreement of sale.

5.2.   The seller provides the customer with the following ways of product delivery: (1) a priority registered letter, (2) courier (3) courier with cash on delivery

5.3.   The parcel is delivered in accordance with the deadline indicated for each Product in the online shop. This is an indicative delivery time, consisting in particular of the product components, form of payment, issuing the sales document. The time of delivery is also affected, in particular, by: the place of delivery and the chosen metod of delivery.

5.4.   The beginning of the time of delivery of the product to the customer counts as follows:

5.4.1. in the case of a customer's choice of payment by bank transfer to the bank account of the seller, from the day of the crediting of the seller’s bank account;

5.4.2. in the case of a customer's choice of payment by "cash on delivery"-from the day of conclusion of the contract of sale.

6. COMPLAINT OF THE PRODUCT

6.1The basis and the scope of the liability of the seller in relation to the client, if the sold product has natural or legal defect (warranty) are referred to in generally applicable laws, in particular in the Civil Code.

6.2. The seller is obliged to deliver to the customer the product without defects.

6.3. The complaint may be submitted by the client:

6.3.1. in writing to the address of the seller;

6.3.2. in electronic form via email to the following address: tilia@tiliaa.com.

6.4 It is recommended to identify by the customer in the description of the complaint: (1) information and facts relating to the subject of the complaint, in particular the nature and the date of occurrence of defects; (2) demand to bring the product into compliance with the Agreement of Sale or statement about price reduction or withdrawal from the Sales Agreement and(3) the contact details of the client -this will make it easier and speed up the consideration of the complaint by the service provider. The requirements listed in the previous sentence shall take the form of a recommendation only and do not affect the effectiveness of the complaint made in disregard of the prescribed description of the complaint.

6.5 The seller answers to the complaint received from the customer and informs him about the way of considering it, in particular, in writing or via email, if the customer provided the email address for this purpose.

6.6  When to respond to the complaint by the Seller to the Customer or to perform the Customer's rights under warranty it will be necessary to provide the Product to the Seller, the customer will be asked by the Seller to deliver the Product at the expense of the Seller to the address of the Seller. If, however, due to the nature of defects and / or type of product to provide by Customer would have been impossible or excessively difficult, the Client will be asked to provide Product in the place where the product is located.

7. EXTRAJUDICIAL MEANS OF A CONSIDERING THE CLAIMS AND ACCESS TO THESE PROCEDURES

7.1 Detailed information on the possibility of the use by the Client, who is a consumer of extrajudicial methods of complaint and redress and rules of access to these procedures are available on the premises and on the websites of district (municipal) consumer advocates, social organizations to which statutory tasks include consumer protection , Provincial Inspectorates of Trade Inspection and at the following sites 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.

7.2 The customer, who is a consumer has the following possibilities of using extrajudicial means of dealing with complaints and redress:

1)      the customer shall be entitled to ask for a permanent amicable consumer courts, referred to in Art. 37 of the Act of 15 December 2000. Trade Inspection with a request for resolution of a dispute arising out of the sale agreement. Rules of organization and operation of permanent consumer courts of arbitration determines the Ordinance of the Minister of Justice on 25 September 2001. On the rules of organization and operation of permanent consumer courts of arbitration;

2)      The customer is entitled to ask the provincial inspector of Trade Inspection in accordance with Art. 36 of the Act of 15 December 2000. Trade Inspection with a request to initiate a mediation procedure on amicable settlement of the dispute between Customer and seller. Information on rules and mode of mediation procedure conducted by the provincial inspector of Trade Inspection is available on the premises and on the websites of the Provincial Inspectorates of the Trade Inspection

3)      The customer can get free help on settlement of the dispute between the Customer and seller, also taking advantage of the free assistance of district (municipal) consumer ombudsman or social organization to which statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Tips are granted under the Consumer Federation toll-free consumer helpline number 800 007 707 and by the Association of Polish Consumers at porady@dlakonsumentow.pl.

8. THE RIGHT OF WITHDRAWAL

8.1 A consumer who entered into a Sale Agreement, may within 14 days to withdraw from it without giving any reason and at no cost, with the exception of those referred to in paragraph 8.8. Regulations. To meet the deadline is enough to send a statement before its expiry. The statement of withdrawal from the Sales Agreement may be made, for example,:

8.1.1.in writing to the address of the seller;;

8.1.2.in electronic form via email to the following address: tilia@tiliaa.com

8.1  An example of the withdrawal form from the Sales Agreement is enclosed in Annex 2 to the Law on Consumer Rights. The consumer may use the model form, but it is not obligatory.

8.2  The deadline to withdraw from contract concludedat the distance:

8.2.1        for contracts performed by the Seller, being obliged to transfer his ownership of the product- of taking the Product in the possession of the consumer or person designated by the third party other than the carrier, and in the case of a contract which: (1) includes many products that are delivered separately, in lots or in parts - from taking possession of the last Product, lot or piece; or (2) by the regular delivery of products for a fixed period - from taking possession of the first of Products,

8.2.2        for other agreements - from the date of concluding the contract.

8.3  In case of withdrawal from a distance contract, the contract is considered to be not concluded.

8.4  The Seller has a duty immediately, not later than within 14 days of receipt of the declaration of the consumer to withdraw from the contract, return to the consumer all made by him payments, including the cost of delivery of the Product (excluding additional costs resulting from the Customer's method of delivery other than the least expensive plain delivery method available in the Online Shop). Seller shall refund the payment using the same method of payment, which used the consumer, unless the consumer has expressly agreed to a different way of return, which is not binding for him to no cost. If the Seller is not suggested that he receives a product from a consumer may withhold the reimbursement payments received from the consumer to the receipt of the Product back or the consumer has supplied evidence of his return, depending on which event occurs first.

8.5  The Customer has a duty immediately, not later than within 14 days from the date on which withdrew from the contract, return the Product Seller or give it to a person authorized by the Seller to receive, unless Seller has proposed that he receive the product. To meet the deadline just return the Product prior to its expiration. The consumer may return the Product to the address of the Seller

8.6  The Customer shall be liable for any diminished value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product

8.7  Possible costs related to the withdrawal by the consumer from the contract, which shall be borne by the consumer:
8.8.1. if the consumer has chosen method of delivery of the Product other than ordinary cheapest shipping method available in the online store, the Seller shall not be obliged to reimburse the consumer incurred by him extra costs;
8.8.2. the consumer bears the direct cost of returning the Product.

8.8  The right to withdraw from a distance contract is not granted to the consumer in respect of contracts:

1) the provision of services if the seller made a full service with the express consent of the customer, who had been informed before the provision that under the provision by the Seller will lose the right to withdraw from the contract;
2) in which the price or remuneration depends on fluctuations in the financial market over which Seller has no control, and which may occur before the deadline for withdrawal;
3) the object of which is to provide for non-prefabricated, manufactured according to customer specifications or servant meet its individual needs;
4) the object of which is to provide for dispersible rapid decay or having a short shelf life;
5) where the subject of the provision is the thing delivered in a sealed package, which after opening the package can not be returned due to health protection or hygiene reasons, if it were unsealed after delivery;
6) the object of which benefits are things that after delivery, due to their nature, are inextricably linked to other things;
7) in which the subject of the provision of alcoholic beverages, the price of which has been agreed with the conclusion of the contract of sale and the supply of which can only take place after 30 days and whose value depends on fluctuations in the market, over which Seller has no control;
8) in which the client expressly demanded that seller came to him to make urgent repairs or maintenance; if the Seller provides additional services other than those which comply with customer demanded or provides things other than replacement parts necessary for repair or maintenance, right of withdrawal shall be entitled to the Client for the additional services or goods;
9) which are the subject of the provision of audio or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;
10) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts;
11) contained in a public auction;
12) for the provision of accommodation other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, events, entertainment, sports or cultural, if the agreement marked a day or period of performance;
13) for the supply of digital content which is not stored on a tangible medium if the performance has begun with the express consent of the customer before the deadline to withdraw from the contract and after having informed by the Seller about the loss of the right of withdrawal.

9          PRIVACY POLICY AND PROTECTION OF PERSONAL DATA

9.1  Administrator of databases of personal information provided by customers online shop in connection with the Agreement of Sale is the Seller.

9.2  Personal data shall be used only for the purpose of sales or other provisions of the Regulations and if the customer agrees, to inform about new products, services and promotions offered by the Online Store.

9.3  Customer Data shall not be disclosed to third parties for marketing purposes.

9.4  The customer has the right to access their data, the right to request their update, delete data and the realization of other rights resulting from the Act of 29 August 1997. On personal data protection (consolidated text. Dz. U. of 2014. Item. 1182, as amended.).

9.5  The data are provided voluntarily.

9.6  The customer agrees to the placement and processing of personal data by the Seller in accordance with applicable regulations in this matter, in particular the law dated from August 29, 1997. Personal Data Protection (tekst jedn. Dz. U. z 2014 r., poz. 1182 ze zm.) oraz ustawą z dnia 18 lipca 2002 r. o świadczeniu usług drogą elektroniczną (tekst jedn. Dz. U. z 2013 r., poz. 1422 ze zm.).

10       REGULATIONS FOR CUSTOMERS AND RECIPIENTS OF SERVICES, WHICH ARE NOT CONSUMERS

10.1                     This point of the terms and conditions contained therein relate only to clients and service users who are not consumers.

10.2                     Seller shall have the right to terminate the Purchase Agreement concluded with the Client which is not a consumer within 14 days of its conclusion. Withdrawal from the Purchase Agreement in this case may be effected without giving any reason and is not born of the Client is not a consumer any claims against the Seller.

10.3                     In the case of customers not being consumers Seller has the right to restrict the available methods of payment, including require prepayment in whole or in part, regardless of the chosen method of payment by the Client and the fact Sale Agreement.

10.4                     With the publication by the seller of the product carrier to pass to the Customer who is not a consumer of the benefits and burdens associated with the product and the risk of accidental loss or damage to the Product. Seller in this case shall not be liable for any loss, loss or damage resulting from the adoption of the Product for carriage until the release of his client and for delay in the carriage of the consignment.

10.5                     If sending product to the customer by a carrier customer who is not a consumer is obliged to examine the shipment at the time and in the manner adopted for consignments of this kind. If it finds that during transport there is a loss or damage of the Product shall be required to perform all actions necessary to determine the liability of the carrier.

10.6                     According to Article. 558 § 1 of the Code of Civil liability of the seller under the warranty for the product to the customer who is not a consumer is excluded.

10.7                     Responsibilities of the Service Provider / Seller in relation to the Client / Customer who is not a consumer, regardless of its legal basis, be limited - both in a single claim, as well as any claims in total - to the amount paid the price and delivery costs under the Sales Agreement but not more than the amount of PLN 500 (five hundred thousand). The service provider / seller is liable in relation to the Client / Client who is a consumer not only for the typical damage predictable at the time of concluding the Sales Agreement and shall not be liable for loss of profit in relation to the Client / Customer who is not a consumer.

10.8                     Any dispute arising between the seller / Service Provider and the Client / Service Recipient shall be subjected to non-consumer competent court for the seat seller / Service Provider

 

11       FINAL PROVISIONS

11.1 Purchase Agreement are concluded in Polish.
11.2 Seller reserves the right to change the Rules. These changes will have no impact on the already deposited or complex contracts and concluded, realized or executed Purchase Agreement.
11.3 In matters not covered by the Regulations, the provisions of Polish law, in particular the Act - the Civil Code and the Law on Consumer Rights.
11.4 The Regulations have been drafted in Polish and German. In the event of a dispute of interpretation apply Polish language version.
11.5 In case of disputes, the parties shall seek an amicable settlement.