The conclusion of a contract between the Buyer and the Seller can be done in two ways.
Before placing an order, the Buyer shall have the right to negotiate any provisions of the contract with the Seller, including any amendments to the following regulations. Such negotiations should be conducted in writing and addressed to the Seller (Agata Wojtczak, Aleja Stanów Zjednoczonych 25/23 03-947 Warsaw).
If the Buyer resigns from the possibility to conclude a contract by way of individual negotiations, the regulations below and the relevant legal provisions shall apply.
Personal data controller:
Al. Stanów Zjednoczonych 25/23
Tax ID no.: 7393836904, Statistical no.: 384443949
Postal address - first name and surname or name of the institution, location in the locality (in the case of a locality divided into streets: street, building number, flat or premises number; in the case of a locality not divided into streets: name of the locality and property number), postal code and the locality.
Address for claims:
ul. Kłopotowskiego 38/21
Delivery Pricelist - available at maarjewellery.pl/website/delivery-and-payments- a summary of the types of delivery available and their costs.
ul. Kłopotowskiego 38/21
Phone no.: 692676727
Personal data - any information relating to an identified or identifiable natural person. Information is not considered to identify a person if it would require unreasonable cost, time or effort to do so.
Sensitive data - are personal data containing information on racial or ethnic origin, political opinions, religious or philosophical beliefs, religious, party or trade union affiliation, as well as data on health, genetic code, addictions, sex life, convictions, criminal convictions and fines, as well as other decisions made in judicial or administrative proceedings.
Delivery - a type of transport service including the carrier and the cost listed in the delivery price list at maarjewellery.pl/dostawa
Proof of Purchase - an invoice, bill or receipt issued in accordance with the Value Added Tax Act of 11th March 2004 as amended and other applicable legislation.
Product tab- a single page of the shop containing information about a single product.
a. an adult natural person running a one-man business activity, concluding with the Seller a contract directly related to his/her business or professional activity and having a professional character for him/her;
b. an organisational unit without legal personality and with legal capacity;
c. a legal person.
Civil Code - the Civil Code Act of 23rd April 1964, as amended.
Code of Good Practice - a set of rules of conduct, in particular ethical and professional standards, as referred to in Article 2, section 5 of the Act on Counteracting Unfair Market Practices of 23rd August 2007, as amended.
a. an adult natural person with full legal capacity or an adult natural person running a one-man business activity, concluding with the Seller a contract directly related to his/her business or professional activity, however not having a professional character for him/her.
Cart- a list of products compiled from the products offered in the store based on the Buyer's choices.
Buyer - both the Consumer and the Customer.
Place of delivery of the item- the postal address or collection point indicated in the order by the Buyer.
The moment of delivery of the item - the moment at which the Buyer or a third party indicated by the Buyer for collection takes possession of the item.
ODR online platform - the EU online service operating on the basis of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21st May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, available at https://webgate.ec.europa.eu/odr.
Payment - the method of making payment for the subject matter of the contract and delivery listed at maarjewellery.pl/strona/dostawa-i-platnosci
The online payment service provider is Blue Media S.A.
Available forms of payment:
* Visa Electron
* MasterCard Electronic
Entitled entity - an entity entitled to out-of-court resolution of consumer disputes within the meaning of the Act on Out-of-court Resolution of Consumer Disputes of 23rd September 2016, as amended.
Consumer law - the Consumer Rights Act of 30rd May 2014.
Product - the minimum and indivisible quantity of an item that can be the subject matter of an order, which is given in the Seller's shop as a unit of measurement when determining its price (price/unit).
Subject matter of the contract - the products and delivery that are the subject matter of the contract.
Subject of performance - the subject matter of the contract.
Collection point - the place of delivery of an item that is not a postal address, specified in the list made available by the Seller in the store.
Register the Office of Competition and Consumer Protection (UOKiK) - the register of authorised entities maintained pursuant to the Act on Out-of-court Settlement of Consumer Disputes of 23rd September 2016, as amended and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
The GDPR- the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27thApril 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC and the Personal Data Protection Act of May 10th, 2018
Item - a movable thing that can be or is the subject matter of a contract.
Store- the website available at maarjewellery.pl, through which the Buyer may place an order.
Al. Stanów Zjednoczonych 25/23
Tax ID no.: 7393836904, Statistical no.: 384443949
registered and visible in the register of Central Registration and Information on Business at:
BANK ACCOUNT: 51 1140 2004 0000 3602 7923 3051
System - a set of cooperating IT devices and software, ensuring the processing and storage, as well as sending and receiving data via telecommunications networks by means of an end device appropriate for a given type of network, commonly referred to as the Internet.
Lead time - the number of working days specified on the product tab- from two to seven working days.
The lead time is calculated from the moment of positive payment authorisation.
Contract - a contract concluded off-premises or at a distance within the meaning of the Consumer Rights Act of 30th May 2014 in the case of Consumers and a contract of sale within the meaning of Article 535 of the Civil Code Act of 23rd April 1964 in the case of Buyers.
Defect - both a physical defect and a legal defect.
Physical defect - non-conformity of a sold item with the contract, in particular if the item:
does not have the properties that an item of that kind should have in view of the purpose specified in the contract or resulting from the circumstances or intended use;
does not have the qualities, of the presence of which the Seller has assured the Consumer,
Is not fit for the purpose about which the Consumer has informed the Seller at the conclusion of the contract and the Seller has not made any reservations as to such purpose;
has been issued to the Consumer in an incomplete condition;
has been incorrectly assembled and commissioned, if these actions have been performed by the Seller or a third person for whom the Seller bears responsibility or by the Consumer who followed the instructions received from the Seller;
does not have properties assured by the manufacturer or his/her representative, or a person who places the item on the market within the scope of his/her business activity, or a person who, by placing his/her name, trademark or other distinctive sign on the sold item, presents himself as the manufacturer, unless the Seller has not known those assurances and, judging reasonably, could not have known them or they could not have influenced the Consumer's decision on concluding the contract, or if their content has been corrected before the conclusion of the contract.
Legal defect - a situation when the sold item is the property of a third party or is encumbered with a right of a third party, and also when the restriction in the use or disposal of the item results from a decision or ruling of a competent authority.
Order - the declaration of will of the Buyer made through the store, specifying unambiguously: type and quantity of products; type of delivery; type of payment; place of delivery of the goods, and the Buyer's data, aimed directly at the conclusion of the contract between the Buyer and the Seller.
§2 General conditions
The contract shall be concluded in the Polish language, in accordance with Polish law and these regulations.
The place of delivery of the goods must be within the territory of the Republic of Poland.
The Seller is obliged and undertakes to provide services and deliver goods free from defects.
All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
5. All time limits are calculated in accordance with Article 111 of the Civil Code, i.e. a time limit expressed in days ends upon the expiry of the last day, and if the beginning of a time limit expressed in days is a certain event, the day on which this event occurred shall not be taken into account in calculating the time limit.
Confirmation, access, recording, securing of all relevant contractual provisions for future access to this information shall take the form of:
order confirmation by sending the following to the indicated e-mail address: an order, a pro forma invoice, information on the right of withdrawal, these regulations in the PDF version, a model contract withdrawal form in a PDF version, links for downloading the regulations and a standard contract withdrawal;
Enclosing with the completed order, sent to the indicated place of delivery of the goods, the following printed documents: proof of purchase, information on the right of withdrawal, these regulations, model contract withdrawal form.
The Seller shall inform about known guarantees granted by any third parties for the products in the store.
The Seller shall not charge any fees for communication with her using the means of distance communication, and the Buyer shall bear the costs thereof in the amount resulting from the contract concluded with a third party providing her with a specific service enabling remote communication.
The Seller guarantees to the Buyer using the system that the store operates correctly in the following browsers: IE version 7 or later, FireFox version 3 or more recent, Opera version 9 or more recent, Chrome version 10 or more recent, Safari with the most recent versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1,024 px. The use of third-party software affecting the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore in order to obtain the full functionality of the maarjewellery.pl store, you should disable alĺ of them.
The Buyer may use the option of having his/her data recorded by the store in order to facilitate the process of placing another order. To do so, the Buyer should provide the login and password necessary to access their account. The login and password are a string of characters established by the Buyer, who is obliged to keep them secret and protect them from unauthorised access by any third parties. The Buyer shall have the possibility to view, correct, update his/her data and delete his/her account in the store at any time.
The Seller shall comply with the code of good practices.
The Buyer shall:
not provide or transmit contents which are prohibited by law, e.g. contents which promotes violence, are defamatory or infringe upon personal interest and other rights of the third parties,
use the store in a manner which does not interfere with its operation, in particular by using certain software or devices,
not take actions such as sending or posting unsolicited commercial information (spam) within the store,
use the store in a manner not disruptive to other Buyers and the Seller,
use any contents of the store only for his/her own personal needs,
use the store in a manner which is in accordance with the law in force in the Republic of Poland, with the provisions of these terms and conditions and with the general principles of netiquette.
§3 Conclusion and performance of the contract
Orders can be placed́ 24 hours a day.
In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated several times:
add the product to cart;
choose the type of delivery;
choose the type of payment;
choose the place of delivery;
place an order in the store by using the "Buy and pay" button.
The contract with the Consumer is concluded when the order is placed.
Execution of a Consumer’s order to be paid upon delivery takes place immediately, and an order paid by bank transfer or through an electronic payment system is executed after the Consumer's payment is credited to the Seller's account, which should take place within 30 days of placing the order, unless the Consumer has been unable fulfil the payment obligation through no fault of his/her own and has informed the Seller thereof.
The contract with the Customer is concluded when the Seller accepts the order and informs the Customer thereof within 48 hours of placing the order.
The execution of an order of a Customer payable on delivery shall take place immediately after the conclusion of the contract, and an order paid by bank transfer or through an electronic payment system after the conclusion of the contract and the crediting of the Customer's payment to the Seller's account.
The fulfilment of the Customer's order may depend on the payment of the whole or part of the order value or obtaining a trade credit limit of at least the order value or the Seller's consent to send an order with the payment upon delivery option (payable upon delivery).
The subject matter of the contract shall be dispatched within the time limit specified on the product tab, and for orders consisting of multiple products within the longest time limit specified on the product tabs. The time limit begins to run at the moment of order execution.
The purchased subject matter of the contract shall be send, together with a sales document selected by the Buyer, by the mode of delivery selected by the Buter to the place of delivery indicated by the him/her in the order, together with the enclosed attachments referred to in §2 (6) (b).
§4 Right of withdrawal from the contract
The Consumer, pursuant to Article 27 of the Consumer Law, shall have the right to withdraw from a contract concluded at a distance, without giving any reason and without incurring costs, except for the costs specified in Article 33 and Article 34 of the Consumer Law.
The deadline for withdrawal from the contract concluded at a distance shall be 14 days from the moment of delivery of the item, and it is sufficient to send the declaration before the expiry of this time limit to meet the deadline.
The Consumer may submit a declaration of withdrawal from the contract on the form, a model of which is attached as Appendix No. 2 to the Consumer Law, on the form available at maarjewellery.pl/strona/zwroty-i-reklamacje or in another form in accordance with the Consumer Law.
The Seller shall promptly confirm to the Consumer by e-mail (provided at the conclusion of the contract and another one if provided in the submitted declaration) the receipt of the declaration of withdrawal from the contract.
In the event of withdrawal from the contract, the contract shall be considered not to have been concluded.
The Consumer shall return the item to the Seller immediately, but no later than 14 days from the day on which he or she has withdrawn from the contract. In order to meet the deadline it is sufficient to send the item back before its expiry.
The Consumer shall send back the items being the subject matter of the contract from which he/she has withdrawn at his/her own expense.
The Consumer shall not bear the cost of supplying digital content which is not recorded on a tangible medium if the Consumer has not consented to the performance before the expiry of the deadline for withdrawal or has not been informed of the loss of his right of withdrawal when giving such consent or the entrepreneur has not provided confirmation in accordance with Article 15(1) and Article 21(1). of the Consumer Law.
The Consumer shall be liable for any reduction in the value of the item which is the subject matter of the contract and which results from the use of the item beyond what is necessary to establish its nature, characteristics and operation.
The Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the contract return to the Consumer all payments made by the Consumer, including the costs of delivery of the item to the Consumer, and if the Consumer has chosen a delivery method other than the cheapest ordinary delivery method offered by the Seller, the Seller shall not reimburse additional costs to the Consumer in accordance with Article 33 of the Consumer Law.
The Seller shall make a payment refund in the same manner of payment as used by the Consumer, unless the Consumer has expressly agreed to another means of reimbursement which does not impose any costs on the Consumer.
The Seller may withhold the reimbursement of the payment received from the Consumer until she has received the item back or the Consumer has provided proof of its return, whichever event occurs first.
In accordance with Article 38 of the Consumer Law, the Consumer shall not have the right to withdraw from the contract:
in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal;
in which the subject of the performance is a non-prefabricated item produced according to the Consumer's specifications or serving to meet his/her individual needs;
in which the subject of the performance is a perishable item or an item with a short shelf life;
in which the subject of the performance is an item supplied in a sealed package which cannot be returned after opening for health or hygiene reasons, if the package has been opened after delivery;
in which the subject of the performance is an item which, after delivery, by its nature becomes inseparable from other items;
in which the subject of performance consists of sound or visual recordings or computer software supplied in sealed packaging if the packaging is opened after delivery;
concerning the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the period for withdrawal and after the entrepreneur has informed the Consumer of the loss of the right of withdrawal;
concerning the supply of newspapers, periodicals or magazines, with the exception of a subscription contract.
The Seller, on the basis of Article 558 (1)of the Civil Code, completely excludes any liability towards the Customers for physical and legal defects (warranty).
The Seller shall be liable to the Consumer for defects in compliance with the principles specified in Article 556 of the Civil Code et seq. (warranty).
In the case of a contract with a Consumer, if a physical defect is discovered before one year has passed from the moment the item was delivered, it is assumed that the defect existed at the moment the risk passed to the Consumer.
If the sold item has a defect, the consumer may:
make a declaration requesting a price reduction;
make a declaration to withdraw from the contract;
unless the Seller immediately and without undue inconvenience for the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not complied with his obligation to replace the item with a defect-free item or to remove the defect, she shall not have the right to replace the item or remove the defect.
The Consumer may, instead of removal of defect proposed by the Seller, demand the replacement of the item with a defect-free item or, instead of the replacement of the item, demand removal of defect, unless bringing the item to conformity with the contract in the manner selected by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller; when assessing the excessive costs, the value of the defect-free item, type and significance of the defect found shall be taken into account, as well as inconvenience to which the Consumer would be exposed by another manner of satisfaction.
The Consumer cannot withdraw from the contract if the defect is insignificant.
If the sold item has a defect, the Consumer also may:
demand that the item be replaced with a defect-free item;
demand that the defect should be removed.
The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without undue inconvenience for the Consumer.
The Seller may refuse to satisfy the Consumer's request if bringing the defective item to conformity with the contract in the manner chosen by the Consumer is impossible or, in comparison with the other possible manner of bringing it to conformity with the contract, would require excessive costs.
If the defective item has been assembled, the Consumer may require that the Seller should dismantle and reassemble it after the item has been replaced with a defect-free one or the defect has been removed, but the Consumer shall bear part of the related costs in excess of the price of the item sold or may require the Seller to pay part of the costs of dismantling and reassembly, up to the price of the item sold. If the Seller fails to perform the obligation, the Consumer shall be entitled to perform these actions at the expense and risk of the Seller.
The Consumer who exercises warranty rights shall deliver the defective item at the Seller's expense to the complaint address, and if the delivery of the item by the Consumer would be excessively difficult due to the type of the item or the way it is assembled, the Consumer shall make the item available to the Seller at the place where the item is located. If the Seller fails to fulfil the obligation, the Consumer shall be entitled to send the item back at the Seller's expense and risk.
The costs of replacement or repair shall be borne by the Seller, with the exception of the situation described in §5 (10).
The Seller shall accept the defective item from the Consumer if the item is replaced with a defect-free item or if the Consumer withdraws from the contract.
The Seller shall within fourteen days respond to one of the following based on Article 5615 of the Civil Code: the statement on the demand to reduce the price, the demand to replace the item with a defect-free item, the demand to remove the defect. The Seller shall, within thirty days (Article 7a of the Consumer Law), respond to any other statement of the Consumer that is not covered by the fourteen-day period specified in the Civil Code.
Otherwise, it shall be considered that she has acknowledged the Consumer's statement or demand as justified.
The Seller shall be liable under warranty if a physical defect is discovered before two years have passed from the moment the item was delivered to the Consumer, and if the subject of sale is a used item, before one year has passed from the moment the item was delivered to the Consumer.
The Consumer's claim to have the defect removed or the sold item replaced with a defect-free item shall become time-barred after one year, counting from the day on which the defect was found, but not before two years have passed from the moment the item was delivered to the Consumer, and if the subject of sale is a used item before one year has passed from the moment the item was delivered to the Consumer.
In the event that the shelf life of the item specified by the Seller or the manufacturer expires after two years have passed from the moment of delivery of the item to the Consumer, the Seller shall be liable under warranty for any physical defects of the item identified before the expiry of this period.
Within the time limits specified in §5 (15) to (17), the Consumer may submit a declaration on withdrawal from the contract or reduction of the price due to a physical defect of the sold item, and if the Consumer has requested that the item be replaced with a defect-free one or the defect be removed, the time limit for submitting a declaration on withdrawal from the contractor reduction of the price shall begin to run upon ineffective expiry of the deadline for replacing the item or removing the defect.
If one of the warranty rights is asserted before a court or an arbitration court, the time limit for the exercise of other rights to which the Consumer is entitled on this account shall be suspended until the proceedings have become final in compliance with the law. The above shall also apply mutatis mutandis to mediation proceedings, whereby the time limit for the exercise of other warranty rights vested in the Consumer shall start to run from the date of the court's refusal to approve the mediated settlement or the ineffective termination of the mediation.
For the exercise of rights under the warranty for legal defects of the sold item, §5 (15) to (16) shall apply, except that the time limit shall begin to run from the date on which the Consumer learned of the existence of the defect, and if the Consumer learned of the existence of the defect only as a result of an action by a third party - from the date on which the ruling issued in the dispute with the third party became final.
If, due to a defect in the item, the Consumer has made a declaration on withdrawal from the contract or reduction of the price, he/she may demand compensation for the damage he/she suffered by entering into the contract without knowing of the existence of the defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular he/she may demand reimbursement of the costs of entering into the contract, the costs of collection, carriage, storage and insurance of the items, reimbursement of the expenditures made in the scope in which he/she did not benefit from the items and did not receive their reimbursement from a third party and reimbursement of the proceeding costs. The above is without prejudice to the provisions on the duty to compensate for damage in line with general principles.
The expiry of any period for determining a defect shall not preclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
The Seller, insofar as she is obliged to provide a service or financial performance to the Consumer, shall perform it without undue delay, but not later than the period prescribed by the law.
The Personal Data Controller shall be responsible for the lawful processing of personal data, and the principles of collecting, processing and storing personal data, as well as the Buyer's rights related to his/her personal data.
The Personal Data Controller processes the Buyers' personal data on the basis of consent and in connection with the legitimate interests of the Seller.
3. The Personal Data Controller collects and processes personal data only to the extent that it is justified by a contractual or legal obligation.
The Buyer's consent to the processing of personal data is voluntary, and the consent to the processing of data for a specific purpose may be withdrawn at any time.
5. The following personal data are collected for the purpose of processing the Buyer's order:
postal address - necessary for issuing a proof of purchase;
place of delivery of the item - necessary for addressing the shipment;
e-mail - necessary for communication related to the processing of the order;
telephone number - necessary in case of choosing certain types of delivery
§7 Final provisions
No provision of these regulations is intended to infringe upon the rights of the Buyer.. Nor can it be interpreted in this way, since if any part of these regulations is inconsistent with applicable law, the Seller declares unconditional compliance with and application of this law in place of the challenged provision of the regulations.
Registered Buyers shall be notified of amendments to these regulations and their scope electronically (to the e-mail address indicated during registration or ordering) Notification shall be sent at least 30 days before the new regulations come into force. Changes shall be made to bring the regulations into line with current legislation.
The current version of the regulations is always available to the Buyer under the regulations tab (maarjewellery.pl/regulamin). During the execution of the order and throughout the period of after-sales care, the Buyer shall be bound by the regulations accepted by the Buyer when placing an order, except if the Consumer considers it less favourable than the current regulations and informs the Seller of the choice of the current regulations as applicable.
In matters not covered by these regulations, the relevant applicable legal provisions shall apply. Any disputable issues, if the Consumer so desires, shall be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of Trade Inspection. The consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, e.g. via the EU ODR online platform or by choosing any entitled entity from those included in the register of the Office of Competition and Consumer Protection (UOKiK). The Seller declares her intention to and agrees to take part in an out-of-court settlement of a consumer dispute.
As a last resort, the matter shall be resolved by a court of competent local and material jurisdiction.