-
Terms and conditions
TERMS AND CONDITIONS OF THE pARTS ONLINE STORE
DEFINITIONS
- Online store or Store - the pARTS online store available at www.parts-jewelry.pl.
- Seller - Karlik sp. z o.o. with its registered office in Poznań, at 26 Kaliska Street, 61-131 Poznań, entered in the Register of Entrepreneurs of the National Court Register under the number: 0000990826, REGON: 634418125, NIP: 782-22-25-154
- Seller’s contact information:
Postal address: 14 Towarowa St., 61-315 Poznań
e-mail address: kontakt@parts-jewelry.pl
telephone contact: +48 516 187 178
- Price - the amount of gross remuneration due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the sales contract, specified in PLN or another currency.
- Order processing time - the number of working days in which the Seller prepares the order placed by the Customer in the Online Store, transfers the ordered Product to the carrier for delivery to the place indicated by the Customer in the order.
- Working Days - days of the week from Monday to Friday, excluding statutory non-working days.
- Customer - a natural person, a legal person or an organizational unit without legal personality, but with legal capacity, using the Online Store. In particular, a Customer is a person who, under the terms of these Terms and Conditions, places an order - concludes a contract of sale - through the Online Store.
- Customer's Account or Account - an account made available to the Customer as part of the Online Store pursuant to an agreement for the provision of electronic services. The Account allows the Customer to use additional functionalities within the Store described in these Terms and Conditions. The creation of an Account requires the Customer's registration with the Store. Registration and creation of an Account are carried out simultaneously.
- Consumer - a customer who is a natural person, using the Online Store, including in particular making purchases, for the purpose not directly related to their business or professional activity.
- Newsletter - providing information about news and promotions available in the Store. Digital content, as defined by the provisions of the Consumer Rights Act, including commercial information on the current activities of the Seller, including information on news and promotions available in the Store.
- Non-compliance - is the non-compliance of the Physical Goods with the Sales Contract (the criteria for assessing the compliance of the Physical Goods with the Sales Contract are set forth in Article 43b (1-2) of the Consumer Rights Act), or the non-compliance of the Digital Item with the Contract for its delivery (the criteria for assessing the compliance of the Digital Item with the Contract for its delivery are set forth in Article 43k (1-2) of the Consumer Rights Act).
- Privacy Policy - a separate document containing information about the processing of Customers' personal data by the Seller.
- Subject of digital services - Account, Digital Item or Newsletter.
- Entrepreneur with consumer rights - a customer who is a natural person who enters into a contract with the Seller directly related to their business activity, but which does not have a for them professional character, which results in particular from the subject of their business activity, made available in the Central Register and Information on Business Activity.
- Product or Products/Goods - the physical product/goods or digital item constituting the assortment of the Online Store.
- Contract - the contract indicated in the Terms and Conditions, including in particular the contract defined therein.
- Newsletter Delivery Contract - a contract for the delivery of digital content within the meaning of the Consumer Rights Act, on the basis of which the Seller undertakes to provide the Customer with a Newsletter free of charge, for an indefinite period of time, and the Customer undertakes to provide the Seller with personal data.
- Digital Item Provision (Purchase) Contract - a contract for delivery of digital content in the meaning of the Consumer Rights Act, on the basis of which the Seller undertakes to deliver digital items to the Customer, and the Customer undertakes to pay the price to the Seller.
- Customer Account Service Contract (Account Provision Contract) - an agreement for the provision of a digital service within the meaning of the Consumer Rights Act, on the basis of which the Vendor undertakes to provide - make an Account available to the Customer free of charge, and the Customer undertakes to provide the Seller with personal data.
- Sales Contract - a sales contract within the meaning of the Civil Code, on the basis of which the Seller undertakes to transfer ownership of the Product to the Customer and release the Product to him, and the Customer undertakes to receive the Product and pay the price of the Product to the Seller (order and purchase of the Product). The above shall apply mutatis mutandis to the Digital Item and the conclusion of the Digital Item Purchase Agreement.
- Customer Account Provisioning Service (Account Provisioning) - a digital service within the meaning of the Consumer Rights Act, consisting of the creation, maintenance and provision of an Account to the Customer by the Seller.
- Physical Product - an assortment of goods, i.e. a movable item available in the Online Store within the meaning of the Civil Code.
- Digital item - digital content within the meaning of the Consumer Rights Act, which can be purchased by the Customer, in particular, such as an electronic book (ebook), audio recording, audiovisual recording, graphics.
GENERAL PROVISIONS
- These Terms and Conditions set forth the rules for making purchases from the Online Store and the rules for providing services electronically, in accordance with Article 8 of the Act of July 18, 2002 on Providing Services Electronically. The Terms and Conditions also define the rules for using the Online Store, including in particular the rules for concluding a Customer Account Service Contract, Sales Contract, Newsletter Delivery Contract, Digital Item Provision Contract.
- In order to browse the web pages of the Online Store, including browsing the assortment of the Online Store and placing orders, it is necessary:
- to have a terminal device (computer or other multimedia device) with Internet access;
- to have the latest versions of web browsers such as Microsoft Internet Explorer, Firefox, Google Chrome, Mozilla Firefox, Opera or Safari with Java Script support and allowing cookies,
- to have an active account - electronic mail address (e-mail).
- Browsing the assortment of the Online Store does not require registration. Placing orders by the Customer for Products in the assortment of the Online Store is possible after registration or after providing necessary personal and address data to complete the order without registration (creating a Customer Account), as well as after accepting the Terms and Conditions and reading the Privacy Policy.
- The Customer, using the Online Store, is obliged to use the Store in accordance with applicable law, the terms of these Terms and Conditions and with respect for morality and personal rights of others.
- The Customer should use the Online Store in a manner that is not onerous for other customers and for the Seller.
- It is forbidden for the Customer to provide unlawful content and to act by sending or posting unsolicited commercial information (spam) within the Online Store, conducting any commercial, advertising or promotional activities on the Online Store's website.
- It is forbidden for the Customer to use the Online Store in a way that interferes with its operation, in particular through the use of certain devices or software.
- Exclusive rights to all content on the Store's website, including photos, text elements, graphics, layout and composition of these elements (so-called layout), trademarks belong to the Seller or its business partners. These contents are subject to author's property rights, industrial property rights, including trademark registration rights and database rights, and as such enjoy statutory legal protection. Their downloading or use requires each time the consent of the Seller and may not violate the provisions of the Terms and Conditions and generally applicable laws, with the proviso that the Customer may use the aforementioned content only for the purpose of proper use of the Store for his own personal use.
- Acceptance of the Terms and Conditions is voluntary, but necessary to place an order or create an Account.
CUSTOMER ACCOUNT AND LOGIN
- The Seller provides electronically the Customer Account Provisioning Service.
- The creation of an Account is optional. The Customer may place an order and purchase Products without creating an Account, but after providing the necessary data to order and purchase Products and accepting the Terms and Conditions and reading the Privacy Policy.
- Customer Account allows you to use the functionality of the Online Store after logging in, including to:
- entering, editing or deleting data, including delivery addresses;
- placing orders using the data entered by the Customer;
- viewing order history.
- Customer may create a Customer Account in the Online Store after selecting the "Log In" tab on the Home page of the Online Store or when placing an order through the Online Store.
- The creation of a Customer Account in the Online Store requires the completion of a registration form. The condition for creating an Account is accepting the Terms and Conditions, providing personal data marked as mandatory and reading the Privacy Policy.
- After completing and submitting the form, a notification of Account creation will be sent to the e-mail address provided by the Customer. Upon receipt of the notification, the Customer should confirm the fact of creating an Account - by performing the actions indicated in the content of the aforementioned notification. At this moment, the process of creating an Account is completed and between the Customer and the Seller the Customer Account Service Contract.
- The creation of an Account in the Online Store is for an indefinite period of time and is free of charge.
- The Customer logs into the Account by providing an individual Login and Password.
- The Customer's Account is protected by a password individually assigned by the Customer. The password should consist of a minimum of 8 characters, including upper and lower case letters, digits and special characters
- If the Customer does not have access to the Account, the Customer calls on the Seller to immediately grant such access. If the aforementioned request is not fulfilled within 7 days from the date of receipt of the aforementioned request, the Customer may withdraw from the Customer Account Service Contract. Notwithstanding the above, in the case of lack of access to the Account, the Customer may withdraw from the Customer Account Service Contract without calling the Seller to grant access to the Account, if at least one of the cases indicated in Article 43 j Paragraph 5 of the Consumer Rights Act occurs.
- The Customer may cancel their account in the Online Store and request its removal at any time. In order to remove the Customer's account from the Online Store, the Customer should contact us by phone at: +48 516 187 178 or by e-mail at: kontakt@parts- jewelry.pl. Deletion of the account shall take place immediately and shall mean termination of the Agreement for providing access to the Customer's Account by the Customer, which, however, does not affect the archiving of data required by law, including for the defense against or assertion of claims.
- The Customer may be deprived of the Account or the Seller may restrict his access to the Store's resources immediately, in case of violation of the Terms and Conditions by the Customer, and in particular, if the Customer:
- provided during registration in the online store data that is untrue, inaccurate or outdated, misleading or violating the rights of third parties,
- committed, by means of the Online Store, behavior contrary to the law or generally accepted principles of social coexistence, in particular, violated the good name of other customers of the online store or the Seller, did not comply with the provisions of these Terms and Conditions, used the Online Store in a manner disruptive to its operation, sent or placed within the Online Store unsolicited commercial information (spam).
- A Customer who has been restricted access in the cases referred to in paragraph 12 above to the Products and functionality of the Store, may re-acquire the aforementioned access, only after obtaining the consent of the Seller. A Customer who has been deprived of the right to use the Online Store may re-register only after obtaining the Seller's consent.
- A customer whose Account has been deleted may re-register and create an Account only after obtaining the Seller's consent.
- The seller may - for valid reasons - at any time terminate the Service Agreement with the Customer at one (1) - month's notice. Valid reasons are understood as:
- a change in the provision of services caused by technical or technological aspects, or a change in the scope or manner of provision of services to which these Terms and Conditions apply, through the introduction of new, modification or withdrawal by the Seller of the existing functionality or services covered by the Terms;
- change in the provisions of law governing the provision of services by electronic means by the Seller affecting the mutual rights and obligations set forth in the agreement concluded between the Customer and the Seller, or change in the interpretation of the aforementioned provisions of law as a result of court decisions, decisions, recommendations or recommendations of authorities or bodies competent in a given field;
- Statement of termination of the Customer Account Service Contract shall be sent via e-mail, to the electronic mail address (e-mail address) of the Customer registered by the Customer in the Online Store.
- Termination of the Customer Account Agreement shall result in the blocking and removal of the Customer's Account from the Online Store, which, however, shall not affect the execution of previously concluded Contracts, archiving of data required by law, including the investigation or defense against claims.
- . The Seller may make changes to the Customer Account Provisioning Service if it is necessary to adapt it to newly developed devices or software used to use the Account; the decision to improve the Customer Account Provisioning Service (new functionalities and/or modifications of functionalities); the obligation to adapt the Customer Account Provisioning Service to the current legal status. Such changes do not entail costs for the Customer.
- The Seller shall inform the Customer of the change made to the Customer Account Provisioning Service by posting an appropriate change notice on the Account. The Seller may also provide this information to the Customer's e-mail address.
- In the event that a change to the Customer Account Provisioning Service will materially and adversely affect the use of the Account, the Seller shall inform the Customer of the scope, substance and timing of the planned change as well as the Customer's right to withdraw from the Customer Account Service Contract within 30 (thirty) days counting from the date of the change. This information will be delivered to the Customer's e-mail address within a reasonable period of time prior to the implementation of such change.
PRODUCT INFORMATION
- Information about the Products available in the assortment of the Online Store constitute an offer within the meaning of Article 66 of the Civil Code.
- All products offered in the Store are new. The products use used parts from various models of the Volvo cars. The use of these parts and materials, bearing signs of time and use, does not prove the existence of physical defects in the Products.
- Due to the handmade nature of the Products, the Seller reserves the possibility that there may be slight differences in the Products made as part of a limited series of a particular design. Any differences are due to the specifics of making the Products.
- The Seller informs that the Products should be used only for their intended purpose and stored in a manner consistent with their properties. The Products must not be put on during household work, so as not to expose them to mechanical or chemical damage, should not be washed, cleaned with chemicals, should not come into contact with alcohol, caustic agents, solvents, dyes, coloring materials (things) (e.g. jeans). Due to the non-standard raw materials used in the Products, the seller prohibits contact of the Products with water (e.g. prohibition of bathing).
- The Seller informs that in reality the Products may differ in color from their counterparts in the illustrations posted on the Online Store, and this is due to the device (and its technical parameters) used by the Customer when visiting the Online Store. Thus, the Customer is aware that such features of the Products should be treated as illustrative.
- Regarding Digital Items, the Seller informs, and the Customer acknowledges, that Digital Items are not subject to updates.
TERMS AND CONDITIONS FOR PLACING AND EXECUTING AN ORDER
- The Customer may purchase a Product from the assortment of the Online Store by placing an order. The Customer's sending of an order constitutes a statement of intent to conclude a Sale Contract with the Seller on the Terms and Conditions.
- A necessary element of the order placement procedure is that the Customer reads and accepts these Terms and Conditions and reads the Privacy Policy. Failure by the Customer to accept these Terms and Conditions in the course of the ordering procedure makes it impossible to take advantage of the possibility of purchasing Products through the Online Store.
- To place an order you should:
- log in to the Online Store or use the option to place an order without registration (that is, without having an Account by the Customer);
- select the Product that is the subject of the order, and then click the "Add to Cart" button;
- select the method of delivery;
- enter the data of the recipient of the order and the address to which the Product is to be delivered, as well as provide a telephone number to contact for collection;
- enter the data for the invoice, if different from the order recipient's data (if the Customer is to be be issued a VAT invoice);
- select the form of payment;
- check the box concerning acceptance of the Terms and Conditions and familiarization with the Privacy Policy.
- click the "Order and pay" button - depending on the choice of payment method.
- Information about the total value of the order, which includes the price of the Products, is provided each time on the website of the Online Store during the ordering process, including immediately before and at the time of approval and placement of the order by the Customer. These are the total costs that the Customer is obliged to pay, including applicable taxes and delivery costs of the Product.
- The Customer is obliged to pay for the order placed.
- After the order is placed, the Customer's e-mail address, indicated in the Customer Account or indicated in the process of placing the order (for Customers who do not have an Account), confirmation of the order placed by the Customer will be sent.
- If the execution of the order is possible, an electronic message will be sent to the Customer's e-mail address electronic message with confirmation of acceptance of the order for processing.
- The moment the order is confirmed, the Sale Contract is concluded between the Customer and the Seller. Confirmation, access, consolidation, securing the content of the concluded Sale Contract takes place by sending the Customer the above-mentioned electronic message with confirmation of receipt of the order and acceptance of the order for execution.
- The Customer should pay the price and the cost of delivery of the Product within 24 hours of receiving the electronic message with confirmation of receipt of the order. In case of lack of payment within the above time, the order is cancelled.
- In case of lack of the ordered Product in the Seller's warehouse or inability to fulfillment of the Customer's order for other reasons, the Seller will inform the Customer of the situation by sending a message to the e-mail address indicated by the Customer or will provide information by phone to the number indicated by the Customer. In such a case, the order may be canceled.
- The Customer is obliged to provide a correct and accurate address to which the Product is to be delivered. If the Customer provides an incorrect or inaccurate address, the Seller shall not be liable for non-delivery or delay in delivery of the Product.
PRICES
- Prices quoted include applicable duties and taxes, including VAT, and are in PLN. The price may be expressed in a currency other than the PLN.
- Prices do not include delivery costs. Delivery costs depend on the method of delivery of the Product to the Customer, on the value and size of the order. Prices are given when the Customer chooses the method of delivery of the Product. The total cost of the order (i.e. the price of the Product including delivery costs) is indicated in the Basket before the Customer places the order.
- The Seller reserves the right to make changes in the prices of Products on an ongoing basis. The right referred to in the previous sentence shall not affect orders placed before the effective date of the price change.
- The Seller may carry out promotional actions and sales under separately specified rules.
- Rules of promotions or discount codes will be specified in the Terms and Conditions of each promotion or codes. Promotions do not combine unless otherwise provided in the Terms and Conditions of the Promotion.
- In each case of informing about a reduction in the price of a Product/good or service, in addition to information about the reduced price, information about the lowest price that was in effect during the 30 days prior to the introduction of the aforementioned reduction shall also be made visible.
- If a given Product/good or a given service is offered for sale for a period of less than 30 days, information on the lowest price that was in effect during the period from the date of commencement of offering this Product/good or this service for sale until the date of introduction of the reduction shall be displayed in addition to information on the reduced price.
- The above-mentioned provisions shall apply mutatis mutandis to the advertising of the product or service with the price.
PAYMENTS
- The Online Store provides for the forms of payment mentioned on the websites of the Online Store, including online type payments.
- Online payments are handled by entities that are independent operators of this type of payment, which at the same time have the status of a separate administrator of personal data.
- Order processing will begin after the Seller receives full payment or - in the case of payments handled by a payment operator - after confirmation of full payment.
ORDER PROCESSING TIME AND DELIVERY
- The website of the Online Store contains information about the number of working days within which the shipment of the Product will take place. The above information is an approximate time counted from the moment the order is accepted for processing until the Product is shipped to the Customer. Order processing time is given taking into account the deadline for completion of all ordered Products. The lead time depends on the availability of the Product in question. If the Customer has purchased multiple Products within one order, and the Products have different shipping times, they will be delivered together after the completion of the entire order, i.e. in the longest of the specified shipping times of the individual Products.
- Personalized Products and those made to the Customer's individual order may have an extended delivery time.
- The Seller informs on the Store's website about temporary restrictions on the delivery of the Product before the conclusion of the Contract.
- In connection with the execution of the order, the Customer is sent communication to the provided e-mail address regarding the current progress of the order placement and execution (order status).
- Delivery of Products is carried out through specialized carriers, a list of which is available on the website of the Online Store. Detailed information about the rules of delivery is contained on the websites of individual carriers. Carriers have the status of independent and professional entities engaged in the business of delivering shipments, for the actions of which the Seller is not responsible. Each carrier has the status of a separate administrator of the Customer's personal data from the Seller.
- The Seller shall not be held liable for non-delivery of the Order for reasons attributable to the Customer or the carrier, in particular in the case of indication of an incorrect or incomplete delivery address preventing delivery.
- The Customer should check the delivered shipment in the presence of the carrier. If the delivered shipment is damaged, the Customer should write a damage report and contact the Seller as well as file a complaint directly with the carrier.
RIGHT OF WITHDRAWAL
- According to Article 27 of the Act of May 30, 2014 on Consumer Rights Act, a Customer who is a Consumer or an Entrepreneur with consumer rights, who has concluded a contract at a distance, may withdraw from the contract within fourteen (14) days from the date of receipt of the Product without stating a reason. Return of the Physical Product should be in an unaltered condition.
- In order to withdraw from the Contract, the Customer shall submit to the Seller a statement of withdrawal from the Contract in any form provided by law, in particular, he may send a written statement to the address: Firma Karlik sp. z o. o. 14 Torowa St., 61-315 Poznań or via e-mail to: kontakt@parts-jewelry.pl. The Customer may also make a statement of withdrawal from the contract using the form of withdrawal from the Contract, a sample of which is attached as Appendix No. 1 to these Terms and Conditions. The use of the form is voluntary, however, each time the Customer must include therein: name and surname, e-mail address, details of the Order, date of delivery, description of the revealed Non-Compliance, indication of the reason being the basis for the statement (reasons are indicated in point 3 below), statement of reduction of the price of the Physical Goods with indication of the reduced price or statement of withdrawal from the Sale Contract. The reduced price must remain in such proportion to the price under the Sale Contract as the value of the Physical Product that does not compliance to the Sale Contract remains to the value of the Physical Product that compliances to the Sale Contract. The Seller shall return to the Customer the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 (fourteen) days from the date of receipt of the statement on price reduction.
- In the event of disclosure of Non-Compliance, the Customer may submit a statement to the Seller to reduce the price or withdraw from the Contract, for the following reasons:
- the Seller has refused to bring the Physical Product into compliance with the Sale Contract, when.
- The Seller has failed to bring the Physical Products into compliance with the Sale Contract,
- Non-compliance continues even though the Seller has attempted to bring the Physical Products into compliance with the Contract of Sale; 3) The Seller has failed to bring the Physical Goods into compliance with the Sale Contract.
- Non-compliance is so significant that it justifies withdrawal from the Sale Contract without prior request from the Seller to bring the Physical Product into conformity with the Sale Contract;
- it is clear from the Seller's statement or circumstances that the Seller will not bring the
- Physical Products to conformity with the Sale Contract within a reasonable time or without undue inconvenience for the Customer
- The Customer may not withdraw from the Sale Contract if the Non-Compliance is insignificant.
- The Customer may withdraw from the purchase of all or selected Products, with the provision that if the Product is sold as a set, kit or bundle - withdrawal is possible with respect to the entire set, kit or bundle.
- The return of a Product purchased in a promotion in which the condition for granting a discount was the purchase of more than one Product, shall constitute a withdrawal from the Promotion and is possible provided that all Products, the total purchase of which entitled to take advantage of the promotion, are returned.
- Sending information regarding the exercise of the right of withdrawal before the expiration of the deadline for withdrawal from the Contract is sufficient to meet the deadline for withdrawal from the Contract.
- In the event of withdrawal from the Sale Contract, the Sale Contract shall be considered not concluded.
- In the case of withdrawal from the Contract, the Customer is obliged to return the Product to the Seller immediately, but no later than within 14 days from the date on which he informed the Seller about the withdrawal from the Contract, at the Seller's expense.
- The cost of returning the Product directly shall be borne by the Seller, provided that if the Customer has chosen a delivery method other than the cheapest ordinary delivery method offered by the Store, Seller is not obliged to reimburse the Customer for any additional costs incurred by the Customer
- In the case of withdrawal from the Contract, the Seller shall immediately, no later than within 14 days from the date of receipt of the Customer's statement of withdrawal from the Contract, return to him all payments received from him, except for additional costs resulting from the method of delivery chosen by him, as well as the cost of returning the Product.
- The return of payments will be made using the same means of payment used by the Customer, unless the Customer has expressly agreed to a different method of reimbursement - in any case the Customer will not incur any additional fees associated with this return.
- If the Seller has not offered to collect the Product from the Customer, the Seller may withhold the refund of the payment received from the Customer until the Product is received back or the Customer provides evidence of its return, whichever occurs first.
- The Customer shall be held liable for any diminution in the value of the Products resulting from using it in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.
- The right to withdraw from the Contract is excluded in the cases specified in Article 38 of the Consumer Rights Act, in particular in a situation where the subject of performance is an item created according to the Customer's specifications or serving to meet his individualized needs, and in the case where a natural person conducting business activity has concluded a contract directly related to his business activity, but the contract was of a professional nature for this person arising in particular from the subject of his business activity, which is made available in the Central Register and Information on Business Activity, and furthermore when:
- The Physical Product is a non-refabricated item manufactured to the Buyer's specifications or to meet the Customer's individualized needs;
- The Physical Product is an item subject to rapid deterioration or has a short shelf life;
- The Physical Product is an item delivered in a sealed package that cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
- The Physical Product is a thing which, after delivery, by its nature, has been inseparably combined with other things;
- The Physical Product is a sound or visual recording or a computer program delivered in sealed packaging, if the packaging was opened after delivery.
- The statement of withdrawal should be sent back to the e-mail address of the Seller or to the address: Firma Karlik sp. z o. o. 14 Torowa St., 61-315 Poznań. Returned Products should also be sent back to the above address. j.
COMPLAINT
- The Seller is obliged to deliver Products without physical or legal defects.
- Pursuant to Article 558 1 of the Civil Code, the Seller's liability under warranty with respect to Customers who are Entrepreneurs is excluded, and further provisions of this section apply only to the Customer who is a Consumer or Entrepreneur with the Consumer rights; and inconsistency of the physical Product with the Sale Contract.
- Products presented in the Store are artistic or craft products, the manufacture of which uses raw materials that affect the final appearance of the Products and may cause slight differences in the extent caused by the properties of these raw materials, such as color or texture. Differences resulting from the properties of the Product do not constitute grounds for complaint. It does not affect the Customer's right of withdrawal from the Contract.
- The product must comply with the Sales Contract.
- The Customer may submit a complaint to the Seller, in particular, in the case of Non-Compliance Product with the agreement or defects in the Product, as well as in the case when the actions taken by the Seller are carried out inappropriately or inconsistently with the provisions of the Terms and Conditions.
- The Seller shall be liable for Non-Compliance existing at the time of delivery of the Physical Product to the Customer and disclosed within 2 (two) years from that time, unless the date of shelf life of the Physical Product is longer.
- In the event of disclosure of Non-Compliance, the Customer shall have the rights indicated in Article 43d and following of the Consumer Rights Act.
- In the event of disclosure of Non-Compliance, the Customer may file a complaint including a request for repair of the Physical Product or replacement of the Physical Product.
- The complaint may be submitted electronically to the Seller's e-mail address kontakt@parts-jewelry.pl or by mail to the address: Firma Karlik sp. z o. o. 14 Torowa St., 61-315 Poznań, or by making a clear statement to this effect, in another form, e.g. in writing.
- It is advisable that the notification of the complaint contains data that allows the identification of the order and the Product(s) or physical product(s), as well as information on the subject of the complaint, in particular the type and date of occurrence of the defect; specifying the request for withdrawal from the contract - if the defect is significant); and providing contact information information on the subject of the defect removal method (e.g., replacement of the Product with a new one, repair of the Product, reduction of the price, making a complaint. Providing the above information will accelerate the processing of the complaint.Failure to provide the above data in no way affect the effectiveness of complaints submitted without providing the recommended information. The above shall apply mutatis mutandis to Non-Compliance.
- If there are any deficiencies that prevent the proper processing of the complaint, the Seller shall request the Customer to complete them in accordance with the address data indicated in the complaint.
- Along with filing a complaint, the Customer should submit the Product subject to the complaint and a confirmation of purchase. The Seller shall collect the Physical Goods subject to repair or replacement from the Customer at his expense.
- The Seller shall consider and respond to the complaint immediately, no later than within 14 days from the date of filing the complaint. The Customer will be informed of the method of processing the complaint within this period in accordance with the data indicated in the complaint.
- If the complaint is considered in favor of the Customer - the Seller shall immediately replace the defective Products with a defect-free one or remove the defect, except that:
- In the case of receipt of the Client's request for repair of the Products, the Seller may replace the Products, and this when the method chosen by the Customer to bring the physical Product into conformity with the Sale Contract is impossible or would require the Seller to incur excessive costs,
- In case of receipt of the Customer's request for replacement of the Products, the Seller may repair the Products, and this when the method chosen by the Customer to bring the Physical Products into compliance with the Contract of Sale is impossible or would require the Seller to incur excessive costs,
- If both replacement and repair of the Products are impossible or would require the Seller to incur excessive costs, the Seller may refuse to bring the Physical Products into compliance with the Contract of Sale,
- If it is not possible to replace the Product, remove a defect in the Product or reduce the price, the Seller shall refund the amount due immediately, in accordance with applicable law.
This does not affect the Customer's ability to make a statement of price reduction or withdrawal from the contract in accordance with applicable laws.
- The Customer is not obliged to pay for the mere use of the Physical Product, which was subsequently has been replaced.
- The Seller shall return the price of the Product to the Customer immediately, but no later than within 14 (fourteen) days from the date of receipt of the claimed Product or proof of its return, whichever comes first. The price shall be refunded using the same method of payment that was used by the Customer in the original transaction, unless the Customer expressly agrees to a different method of refund that does not involve any costs for the Customer.
- The Seller informs the Customer about the possibility of using non-judicial ways of dealing with Product complaints, including by submitting by the Customer after the complaint procedure an application for mediation to the Provincial Inspector of Trade Inspection or an application for consideration of the case before the Permanent Arbitration Consumer Court at the Provincial Inspector of Trade Inspection. The list of Permanent Arbitration Consumer Courts operating at the Provincial Inspector of Trade Inspection is available on the website: https://www.uokik.gov.pl/wazne_adresy.php#faq596. In the case of a Customer who is a Consumer, wishing to use an out-of-court method of redress, it is possible to file a complaint through the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/. The ODR (Online Dispute Resolution) platform is, among other things, a source of information on forms of out-of-court dispute resolution that may arise between entrepreneurs and consumers.
COMPLAINT - The subject od digital services
- The provisions of this section apply to: Customer Account Service Contract (including non-compliance of the service with this contract); Newsletter Delivery Contract (including non-compliance of the service with this contract); Digital Item Provision Contract (including non-compliance of the Goods with this contract).
- The Digital Provision Item delivered to the Customer by the Seller must comply with the Contract for its delivery:
- at the time of its delivery - in case the Digital Provision Item is delivered at one time or in parts;
- throughout the entire period of delivery of the Digital Provision Item - in case the Digital Provision Item is delivered
- The Seller shall be held liable for Non-Compliance:
- existing at the time of delivery of the Digital Provision Item and disclosed within 2 (two) years from that time - in case the Digital Provision Item is delivered once or in parts;
- disclosed during the period of delivery of a given Item of digital performance - in case the Digital Provision Item is delivered continuously.
- In the event of disclosure of Non-Compliance, the Customer may file a complaint requesting that the Subject of the digital benefit be brought into compliance with the Contract for its provision.
- For the purpose of filing a complaint of this type, the provisions on Complaints, including the address of delivery of the Complaint, shall apply mutatis mutandis.
- The provisions on Complaints shall apply mutatis mutandis to the processing of complaints of this kind.
- To the deadline for informing the Customer about the manner of processing complaints of this type, the provisions on Complaints shall apply mutatis mutandis.
- The Seller may refuse to bring the Subject of the Digital Provision Item into compliance with the Contract for its provision if this is impossible or would require the Seller to incur excessive costs.
- If the complaint is accepted, the Seller shall, at its own expense, bring the Digital Provision Item into compliance with the Contract for its provision within a reasonable time from receipt of the complaint and without undue inconvenience to the Customer, taking into account the nature of the Digital Provision Item and the purpose for which it is used. The planned timeframe for bringing the Digital Provision Item into compliance with the Contract for its provision shall be indicated by the Seller in its response to the complaint.
- In the case of disclosure of Non-Compliance, the Customer may submit to the Seller a statement of price reduction (which does not apply to the Account or Newsletter) or withdrawal from the Contract when:
- It is impossible or requires excessive costs to bring the Digital Provision Item into compliance with the Agreement for its delivery,
- The Seller has failed to bring the Digital Provision Item into compliance with the Contract for its provision,
- Non-compliance continues even though the Seller has attempted to bring the Digital Provision Item into compliance with the Contract for its provision;
- The Non-Compliance is so significant as to justify withdrawal from the Contract for the provision of the Digital Provision Item in question without first requiring the Seller to bring the Digital Provision Item into compliance with the Contract for its provision,
- It is clear from the Seller's statement or circumstances that the Seller will not bring the Digital Provision Item into conformity with the Contract for its delivery within a reasonable time or without undue inconvenience to the Customer.
- In other respects concerning price reduction or withdrawal from the Contract, the provisions of the chapter entitled "Right of withdrawal" shall apply accordingly.
- Pursuant to Article 34 (1a) of the Consumer Rights Act, if the Customer withdraws from the Contract for the provision of a Digital Item, the Customer is obliged to stop using the Digital Item and making it available to third parties.
PERSONAL DATA PROTECTION
The processing of the Customer's personal data is based on the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27.04.2016 on the protection of natural persons with regard to the processing of personal data and on the free flow of such data and the repeal of Directive 95/46/EC (the so-called General Data Protection Regulation or GDPR) (Official Journal of the EU L 119, p. 1) and other relevant regulations. Detailed information is regulated in the Privacy Policy, available at https://parts- jewelry.pl/polityka-prywatnosci-i-cookies/.
NEWSLETTER - Newsletter delivery contract
- The Customer may agree to receive the Newsletter provided by the Seller.
- The Newsletter is sent only to Customers who have ordered the Newsletter by checking the appropriate box in the registration form or order form or on the Store's website; have agreed to receive commercial information at the e-mail address provided within the meaning of the Electronic Services Declaration Act, as well as have accepted the Terms and Conditions and read the Privacy Policy. Thus a Newsletter Delivery Contract is concluded between the Customer and the Seller.
- The Newsletter Delivery Contract is executed free of charge.
- The Newsletter Delivery Contract is concluded for an indefinite period of time.
- The Newsletter shall be delivered to the e-mail address provided by the Client. Newsletter contains, in particular, current events, information about the offer of Products, current promotions and other information about the Products offered by the Seller.
- The Customer acknowledges that the Newsletter is not updated.
- The frequency of delivery of the Newsletter depends on the Seller.
- The Customer may at any time, without giving any reason, change the e-mail address to which the Newsletter is delivered or resign from receiving the Newsletter, by clicking on the appropriate link, located each time in the delivered Newsletter.
- The Client may at any time and without stating any reason terminate the Newsletter Delivery Contract with immediate effect. Pursuant to Art. 27 and following of the Consumer Rights Act, the Customer who is a Consumer or an Entrepreneur with Consumer Rights may terminate the Newsletter Delivery Contract without stating a reason, within 14 (fourteen) days from the date of its conclusion.
- Withdrawal from the Newsletter Delivery Contract or its termination, requires the Customer to make an appropriate statement to the Seller in this regard. For this purpose, the provisions of the Terms and Conditions on withdrawal from the Contract shall apply accordingly.
- The Seller shall cease to provide the Newsletter to the Client, and thus the Newsletter Delivery Contract shall be terminated, immediately upon receipt of any of the above information from the Client. The Newsletter Delivery Contract shall also be terminated in the event that the Seller ceases to deliver the Newsletter to the Customer as a result of resignation from providing such service.
FINAL PROVISIONS
- Contracts concluded through the Online Store shall be concluded in the Polish language.
- None of the provisions of the Terms and Conditions shall affect any rights of the Customer under the Act of May 30, 2014 on Consumer Rights or provisions of mandatory law. In case of discrepancies in interpretation, the following shall be accepted as binding interpretation, which is in accordance with the referenced provisions.
- The law applicable to the conclusion of the Contract shall be the law of the Republic of Poland, and the courts shall be common courts in the Republic of Poland, unless otherwise provided by mandatory provisions of law.
- The Seller makes every effort to ensure that the services provided on the Online Store are of the highest quality, but does not exclude the possibility of temporarily suspending the availability of the Online Store in the event of the need for maintenance, inspection, equipment replacement or in connection with the need to modernize or expand the Online Store.
- The Seller may modify the technical manner of implementing the Service, in particular for reasons of technological nature, but without affecting the scope of the rights and obligations of the Customer and the Seller.
- The Seller will inform the Customers about the changes to the Terms and Conditions in advance.
- Amendments to the Terms and Conditions shall become effective 7 days after their publication. The Seller will inform about the changes by an e-mail sent to the Customer's address. To Sales Contracts and Digital Item Provision Contract concluded before the effective date of the new or updated Terms and Conditions, the provisions of the then effective Terms and Conditions shall apply.
- A Customer who does not agree with the changes to the Terms and Conditions may terminate the Customer Account Service Contract or Newsletter Delivery Contract with immediate effect until the changes to the Terms and Conditions become effective. Failure to terminate shall be deemed as consent to the amendment of the Terms and Conditions
- Termination of the Customer Account Service Contract or Newsletter Delivery Contract shall be effected by submitting a statement of termination of this Contract by the Customer to the Seller. The statement referred to in the preceding sentence may be sent by e-mail, to the address of the Seller. Immediately upon receipt of the statement, the Seller shall delete the Account or stop delivery of the Newsletter.
- Consolidation, security, making available and confirmation to the Customer of the significant provisions of the Sales Contract for the Products and the contract for the provision of services is made by sending the Customer a message to the provided e-mail address.
- The Terms and Conditions and appendices to the Terms and Conditions constitute a model contract within the meaning of Article 384 1 of the Civil Code.
- The Customer may access these Terms and Conditions through https://parts- bizuteria.pl/regulations/ download them and make a printout.
- These Terms and Conditions shall come into force on the date of their publication on the website on 12.05.2023. The previous version of the Regulations is available here: Regulations - Archive
Appendix 1 to the Terms and Conditions
Information about the person withdrawing from the contract:
Name: _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _
WITHDRAWAL FORM
concluded away from business premises
I hereby withdraw from the contract of sale of the following Products:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Order Number/ Product Names: _ _ _ _ _ _ _ _ _ _ _ _
Date of purchase: _ _ _ _ _ _ _ _ _ _ _ _
Details for refunding the price paid:
Name: _ _ _ _ _ _ _ _ _ _ _ _
Bank Account: _ _ _ _ _ _ _ _ _ _ _ _
Telephone number _ _ _ _ _ _ _ _ _ _ _ _
Product Notes: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Place, date Signature