GALERIA JUBILERSKA TERMS AND CONDITIONS
Glossary of terms used in these Terms and Conditions:
1. Galeria Jubilerska – Lukasz Jopek running economic activity under the business name of GALERIAJUBILERSKA.PL Lukasz Jopek, ul. Karpacka 24B/15, 43-300 Bielsko-Biala registered in Poland with Central Registration and Information on Business, NIP: 5471986629, Regon: 240614756, phone No 0048698711111, 0048334445044, www.galeriajubilerska.eu, [email protected].
2. Instore Shopping Area – Galeria Jubilerska's shop located at 24B/15 Karpacka street, 43-300 Bielsko-Biala, Poland.
3. Online Shop – Galeria Jubierska's online shop operating at www.galeriajubilerska.pl.
4. Customer – consumer or business using Galeria Jubilerska's service.
5. Consumer – natural person entering into agreement with Galeria Jubilerska (making a purchase at Instore Shopping Area or Online Shop) with a purpose unrelated directly to their economic or professional activity.
6. Business – person entering into agreement with Galeria Jubilerska (making a purchase at Instore Shopping Area or Online Shop) within their economic activity.
7. Website – www.galeriajubilerska.pl.
8. Merchandise – item offered for sale by Galeria Jubilerska.
9. Jewellery service – repair or engraving of jewellery.
10. Order – an order for Merchandise offered by Galeria Jubilerska, purchased without making any changes or alterations to it.
11. Special order – an order for Merchandise offered by Galeria Jubilerska that includes alteration to its properties according to Customer's order (also engraving), or making of such item.
12. Express order – special order made on Customer request within a shorter time period than what is provided for special order.
I. Application of the Terms and Conditions
1. These Terms and Conditions shall be applicable to agreements made between Galeria Jubilerska and its Customers remotely (through Online Shop operating at http://www.galeriajubilerska.eu/) and in simultaneous presence of both parties (at Instore Shopping Area described in paragraph II.3 herein.)
2. Should specific provisions of these Terms and Conditions apply solely to agreements made remotely or solely to agreements made in simultaneous presence of the parties, this shall be indicated in the content of these Terms and Conditions.
II. Basic information
1. Lukasz Jopek running economic activity under the business name of GALERIAJUBILERSKA.PL Lukasz Jopek, ul. Karpacka 24B/15, 43-300 Bielsko-Biala registered in Poland with Central Registration and Information on Business, NIP: 5471986629, Regon: 240614756, phone No 0048698711111, 0048334445044, www.galeriajubilerska.eu, [email protected] is the owner of Galeria Jubilerska and the party to agreements.
2. Both consumers and businesses can be Customers of Galeria Jubilerska.
3. Sale of Merchandise offered by Galeria Jubilerska shall be made through Online Shop operating at www.galeriajubilerska.eu (hereinafter referred to as Online Shop) or directly at Instore Shopping Area located at No 24B/15 Karpacka street, 43-300 Bielsko-Biala, Poland (hereinafter referred to as Instore Shopping Area.)
4. Every Customer making an order shall be required to familiarize themselves with the Terms and Conditions. While making an order the Customer shall confirm that they are familiar with the contents of the Terms and Conditions and express acceptance of its binding wording by checking the appropriate box in the order form. The Customer shall also declare their consent to processing of personal data.
III. Merchandise and price
1. Galeria Jubilerska shall provide information on essential properties and the price of the Merchandise on the website. Information on Merchandise and its price displayed at www.galeriajubilerska.eu website (hereinafter referred to as Website) shall apply solely to Online Shop and may differ from the prices offered at Instore Shopping Area.
2. All the prices shall be gross prices expressed in Polish zloty (PLN.) The cost of shipment as described on the costs of delivery tab must be added to the price of Merchandise.
3. Galeria Jubilerska reserves the right to change the range of goods on offer including discontinuation and introduction of new Merchandise, and making and withdrawing or altering of special offers. The price of Merchandise at Online Shop can change. The price at the moment of placing an order is binding for Customer.
4. Galeria Jubilerska reserves the copyright to all photographs displayed on its website and does not permit their use for any purpose without the author's consent.
5. The whole range of goods offered by Online Shop and Instore Shopping Area shall bear the assay marks for silver and gold effective on the territory of the Republic of Poland sanctioned by appropriate authorities.
6. Galeria Jubilerska shall be obliged to deliver any Merchandise ordered by Customer without physical or legal defects.
IV. Ordering Merchandise
1. Order shall be made via Online Shop Website or directly in Instore Shopping Area.
2. In case of agreements made remotely (via Online Shop) the information about Merchandise offered on the shop, e.g. descriptions, prices, only constitutes an invitation to treat within the meaning of Article 71 of the Polish Civil Code.
3. In case of Online Shop, the procedure of placing an order shall involve particularly:
• choice of ordered Merchandise,
• specifying of delivery address,
• choice of kind of transaction confirmation (invoice, receipt)
• choice of means of payment,
• acceptance of these Terms and Conditions,
• consent to processing of personal data,
• clicking on “order with obligation to pay” or equivalent button at Online Shop.
An order shall be placed by completing the order form and providing necessary details for correct completion of the order (full name, address, email address, etc.) or logging into personal Customer Account. An order can be changed or withdrawn until the Customer has made their payment. In such case the agreement is deemed not concluded.
4. Customer must confirm every order by clicking on the link sent to their email address that was specified with the order.
Should an order be placed but not confirmed, Galeria Jubilerska shall contact the Customer to verify the details.
5. Galeria Jubilerska has the right to cancel an existing order if the Customer has not made the payment within 30 days from confirming the order, unless the Customer had chosen the option of payment on delivery.
6. Order for Merchandise in stock shall be completed in 24 hours on working days since the payment has been credited to Galeria Jubilerska's bank account or since choosing the option of payment on delivery.
Order for wedding rings and special orders and express orders shall be completed within time described in item V.3.
Completion of an order shall mean sending the chosen item by Galeria Jubilerska by Poczta Polska postal service or courier service.
7. In case of purchase made in Instore Shopping Area, after receiving the contents of Terms and Conditions the Customer fills in an order form that includes their personal details, description of ordered Merchandise and statement of acceptance of the wording of Terms and Conditions as well as consent to processing of personal data.
V. Special orders and express orders
1. Galeria Jubilerska shall also provide jewellery service.
2. Special order shall be made in Instore Shopping Area or at Oline Shop via contact form on Website.
The provisions of Terms and Conditions on ordering shall be applicable to special order including express order, except for the following.
Express order must be confirmed over the phone.
Should an express order be placed but not confirmed, Galeria Jubilerska shall contact the Customer to verify the details.
3. Time for completion of special order for wedding rings or other jewellery shall be agreed individually with the Customer. In justified and unforeseeable cases delays may occur the Customer will be informed by email about in advance.
4. Grammage of jewellery ordered as special orders may differ, depending on ordered sizes, by up to 30% from the weight indicated in the Merchandise description on Online Shop website.
Grammage of wedding rings or other kinds of jewellery is additionally influenced by properties to the Merchandise determined individually by the Customer and therefore the weight indicated on the website may differ substantially from the final weight, depending on alterations made by the Customer.
5. In case of completion of a special order within time shorter than described in item 3 herein (express order,) the price shall be individually determined depending on time the express order is to be completed within. The price may increase by 100% of the order value, which the Customer will be informed about before confirming the order. Every express order has to be separately confirmed by Galeria Jubilerska.
6. In case Galeria Jubilerska should be unable to fulfill its obligation due to even passing incapacity of delivering the performance with properties ordered by the Customer, Galeria Jubilerska can exempt itself from the obligation by providing replacement service of the same quality and purpose and for the same price or remuneration while informing the Customer of their right to decline such performance and withdraw from agreement upon return of the item at Galeria Jubilerska's cost.
7. In case the Customer places order (especially special order or express order) over the telephone, Galeria Jubilerska shall send confirmation of the contidions of the Order, especially the price, properties of the Merchandise and the time of completion, to email address indicated by the Customer. The contents of these Terms and Conditions shall be attached to the message. The Customer is obliged to confirm by email their consent to enter into agreement on conditions determined by Galeria Jubilerska. Until Galeria Jubilerska receives appropriate confirmation, Galeria Jubilerska shall not be obliged to perform any activities related to execution of such order.
VI. Time and means of delivery of Merchandise
1. Domestic deliveries shall be completed from Monday to Friday within 24 hours since the payment has been confirmed (in case payment “in advance” had been chosen) or since information on the choice of payment on delivery has arrived, for the orders placed until 2 p.m. CET/CEST on Monday to Thursday. In other cases Merchandise shall be delivered within 48 hours on working days. If the Customer should not collect the order, the procedure indicated by the deliverer will be applicable.
2. Current prices for deliveries of Merchandise can be found on the costs of delivery tab. The cost of delivery shall be provided to the Customer before an order is made.
3. Merchandise can be delivered on the day described by the Customer. The price of the delivery shall be charged in accordance with the current prices of the courier / postal services.
4. While making an order the Customer should ensure they provide correct details including their contact phone number.
5. Information on delivery including delivery number shall be provided solely to the email address indicated in the order form.
6. Upon receipt of the order, the Customer should carefully check the contents and condition of the parcel in the presence of the courier.
7. All courier deliveries shall be insured for the amount of the value of the order.
1. Deliveries are made on the territory of Poland. On previous agreement with Galeria Jubilerska, delivery of merchandise abroad also can be made.
2. International delivery shall be insured according to current prices available athttp://galeriajubilerska.pl/info/index/pageId/8/.
3. Time of international delivery varies depending on the country of destination.Detailed information is available at www.poczta-polska.pl,www.pocztex.pl or www.ups.pl
4. Information on delivery including delivery number shall be provided solely to the email address indicated in the order form.
5. Postal delivery can be tracked at www.sledzenie.poczta-polska.pl
6.International shipment is sent as registered insured mail to countries that take part in exchange of letters of declared value (http://www.cennik.poczta.lublin.pl/help/wykaz_krajow.pdf.) Other mail is sent without additional insurance.
7. The procedure for complaints about international delivery shall be the same as with domestic deliveries including procedures applicable with the deliverer.
VII. Methods and means of payment
Payment by cash
1. In Instore Shopping Area payments by cash or credit cards shall be accepted.
2. For payments made by cash, 5% gross price discount shall be made.
1. Domestic transfer:
Beneficiary details: GaleriaJubilerska.pl ul. Karpacka 24, 43-300 Bielsko-Biala
Account No: 71 1140 2004 0000 3402 4678 5222
2. International transfer:
Beneficiary details: GaleriaJubilerska.pl ul. Karpacka 24, 43-300 Bielsko-Biala
Bank name and address: BRE Bank S.A. INTERNET BANKING, Al. Mickiewicza 10, 90-050 Lodz, POLAND; Account No: PL71 1140 2004 0000 3402 4678 5222; BIC/SWIFT code: BREXPLPWMBK
Postal money transfer
1. With payment by postal money transfer, order number must be included in transfer description.
2. Beneficiary details: GaleriaJubilerska.pl ul. Karpacka 24b/15, 43-300 Bielsko-Biala
Payment on delivery
1. Payment may also be made upon delivery by courier or Poczta Polska ordinary shipment.
1. Fast payments via payu.pl website. In case of this method of payment, the payment is visible immediately after transfer has been accepted and shipment is sent on the same day until 6 p.m. CET/CEST.
Payment by PAYPAL
1. Address for settlement of PAYPAL payments: [email protected]
Purchase on instalments
1. Making purchase on instalments in ZAGIEL system is possible. Detailed information is available from Galeria Jubilerska on request on telephone number 0048 698711111 or 0048 33 4445044.
VIII. Compliance of merchandise with agreement and complaints
1. Galeria Jubilerska shall be responsible under warranty for physical defects that existed at the moment of passing of the danger onto the buyeror arised from a cause existing within the sold item at the same time and under compliance of merchandise with agreement.
2. In case of making a claim under warranty and compliance of merchandise with agreement, the purchased Merchandise must be returned to the address of Instore Shopping Area together with the authenticity certificate (optional), a copy of proof of purchase and description of the complaint.
3. External interference into the Merchandise (repairs made by the Customer or other unauthorised persons) may result in refusal to acknowledge the claim under compliance of merchandise with agreement.
4. After recepit of complaint regarding merchandise, Galeria Jubilerska shall consider the complaint within 14 days and send a reply to the Customer at the postal or email address they provided. Lack of response to the complaint within the time period described herein shall be deemed allowance of the complaint. In order to observe the time, sending the reply by post or email is sufficient. In case of allowance of the complaint, the complaint shall be executed within 14 days since the decision on its justification was made.
5. Guarantee is offered only if a guarantee document is provided together with the Merchandise and only on conditions determined therein.
IX. Replacement of Merchandise
1. The purchased Merchandise may be subject to replacement within 30 days from the date of purchase.
2. Replacement of Merchandise shall apply only to unused jewellery on previous consent expressed by Galeria Jubilerska.
3. The provisions of items IX.1. And IX.2.shall not apply to special orders including express orders.
X. Withdrawal from agreement
1. The Customer who is a consumer shall have the right to withdraw from agreement in the extent of orders made remotely, without giving the reason, within 14 days from the date of delivery of the Merchandise to the Customer. Detailed conditions of the exercise of the right to withdraw from agreement are determined in Appendix 1 to these Terms and Conditions. The Consumer shall have to cover the cost of return of the Merchandise to Galeria Jubilerska.
2. The right to withdraw from agreement shall not apply to cases described in Article 38 of the Consumer Rights Act of 30th May 2014, in particular with items that are not factory made but made to Customer specifications or to serve their individual needs, and also with items delivered in a sealed packaging that cannot be returned due to health protection or hygiene reasons if the packaging has been opened on or after delivery. The right to withdraw from agreement shall not apply to orders made for Merchandise whose properties have been individually determined by the Customer (special orders) or to purchases made in Instore Shopping Area (in the simultaneous presence of the parties.)
3. Galeria Jubilerska informs the Consumer that it is not a party to the code of good practice.
XI. Personal data protection
1. While placing an order, the Customer shall file their consent to processing of their personal details. Consent to personal data processing is voluntary, however lack of such consent renders agreement and order completion impossible.
2. Personal data shall be provided voluntarily by the person concerned, as stipulated by the Personal Data Protection Act of 29th August 1997 (uniform text Journal of Laws of the Republic of Poland 2002, No 101, item 926.) Processing of personal data involves also their collection, recording and storage.
3. Personal data shall be used for the purposes of the agreement implementation and direct marketing of the products offered for sale.
4. The Customer shall have the right to access their data and to edit, complete, update, or correct the data or to demand that their processing be suspended temporarily or permanently or that they be deleted.
5. Lukasz Jopek running economic activity under the business name of GALERIAJUBILERSKA.PL Lukasz Jopek, ul. Karpacka 24B/15, 43-300 Bielsko-Biala, NIP: 5471986629, Regon: 240614756 shall be the administrator of the personal data.
XII. Final provisions
1. All rights to the Website and to the material (photographs and descriptions) displayed on the Website are reserved. No part of this publication can be duplicated, copied, reproduced, stored in search systems or placed on another website or transferred in any form or through any eletronic or mechanical means, by photocopiers, on CDs or in any technologically accessible way without consent of the copyright owner and the author of the Website.
2. To matters unregulated by these Terms and Conditions, the provisions of the Law of the Republic of Poland are applicable.
3. Settlement of any disputes between Galeria Jubilerska and the Customer who is a Consumer shall be submitted to the courts of jurisdiction as determined by appropriate provisions of the Civil Code. Galeria Jubilerska also informs the Consumer of the possibility to settle disputes and make claims in extra-judicial ways, including arbitration, mediation and judicature of conciliation whose conducting principles and the principles of access to procedures of are determined by the competent centres of arbitration, mediation and judicature of conciliation and in accordance with separate provisions.
4. Settlement of any disputes between Galeria Jubilerska and the Customer that is not a Consumer shall be submitted to the appropriate court of jurisdiction with relation to Galeria Jubilerska's registered address.
5. No provision of these Terms and Conditions shall infringe the rights of the Customer they are entitled to under the provisions of the law effective on the territory of the Republic of Poland. Should any of hereby provisions be found to infringe such rights, the law effective on the territory of the Rebuplic of Poland and in particular the Consumer Rights Act of 30th May 2014 shall be applicable.
6. The updated Terms and Conditions shall be published on the website of the Online Shop and deliered free of charge by email to the Customer on every request. In case of agreement made in the simultaneous presence of the parties, the Terms and Conditions shall be handed in to the Customer before the agreement is made. The Customer can gain access to these Terms and Conditions at any time via link displayed on the main page of www.galeriajubilerska.eu and www.galeriajubilerska.pl online shop and the Customer can download and print the Terms and Conditions.
7. The Terms and Conditions shall enter into force on 25th December 2014 and shall be binding for orders made after this date.