Regulations of the Web-based wholesale shop of imitation jewellery www.firmabratki.pl
- The owner of the Web-based wholesale shop of imitation jewellery www.sklep.firmabratki.pl is „BRATKI” private partnership, Emil Kowalczyk, Robert Makowski, tax identification number NIP: 799-19-03-295, conducting business activity under the name „Bratki” s.c. E. Kowalczyk, R. Makowski, hereinafter referred to as “the Seller”.
- These Regulations specify the scope and conditions of rendering of online wholesale services by the Seller.
- The General Terms and Conditions of Sale constitute an integral part of all sales contracts concluded with the Seller with a registered office in Orońsko at ul. Brandta 19.
- The Web shop running on the page http://www.sklep.firmabratki.pl conducts sales of goods exclusively for entrepreneurs, regardless of their legal form of activity, if the order placed exceeds the gross amount of PLN 250 (in words: gross two hundred and fifty zlotys).
- In order to make purchases in the Web shop, it is necessary for the Purchaser to provide, confirm and send to the computer system of the Web shop the following information: login, password, company information, including: first name and surname of the person authorised to place orders, e-mail address, company name, street, city or town, postal code, country, phone number, tax identification number NIP and statistical identification number REGON, as well as the address for shipment of the goods ordered, if different from the address of the company providing the data.
- Acceptance of the order by the Seller constitutes evidence of remote conclusion of a contract for sale of goods, specified in the order form (“shopping cart), placed by the Purchaser. The date of conclusion of the contract is the date of acceptance of the order by the Seller. Acceptance of the order by the Seller shall take place within 48 hours after it has been placed, to the e-mail address of the Purchaser. The Purchaser should confirm acceptance of the order by the Seller in order to initiate completion of the order.
- Orders are accepted 24 hours a day, 7 days a week throughout the entire year via Web page www.sklep.firmabratki.pl after registration and creation of a User account.
- Placement of the order shall be understood as acceptance of the Regulations, logging into the individual User account and selection of goods to be purchased from the product range offered by the Seller, indicating the first name and surname of the Purchaser, the delivery address, specifying the exact street and/or apartment number and a valid phone number. If the data provided in the order is incomplete, order completion shall be suspended until the data required has been provided. After the order has been accepted, the Seller shall confirm it by phone or via electronic mail. The Seller may refuse to complete an order, if its authenticity could not be confirmed.
All commercial information, price lists and advertisements of products placed on the Web page of the shop constitute solely an invitation to enter into a contract. No information, regardless of its name, can be considered to be an offer as defined by legal provisions in force.
- All of the prices shown are net amounts. VAT tax shall be added to all prices, depending on the rate applicable to a given product. The prices of products contain no other taxes or public law liabilities. The price quoted for each Product is valid at the time of order placement by the Customer. The shop reserves the right to change the prices of goods at any time.
- Each time, the price of jewellery is increased by the cost of delivery of goods in the amount depending on the shipment method selected by the Purchase and the shipment price, valid on the shipment date at the selected courier service company, or, on a specific request of the Purchaser and upon the consent of the Seller, via Poczta Polska postal service, unless the Seller has decided otherwise.
Completing the order form, the Purchaser shall indicate the preferred mode of delivery and the mode of payment. Payments can be made as follows:
- prior to shipment of the order, to the bank account of the Seller:
Bank account number:
- upon receipt of the order: payment for the jewellery ordered shall take place upon its receipt to the employee of the courier service or Poczta Polska, depending on the mode of delivery selected by the Purchase, in the full amount.
- The Seller shall commence completion of the order immediately after the payment for the order has been booked.
- If the Purchaser has expressed the wish to pay for the order upon its receipt, the Seller shall commence completion of the order immediately after acceptance of the order has been confirmed.
- Delivery of imitation jewellery takes place solely on the basis of an order placed using the Order Form ("shopping cart”), placed on the Web page and specifying the products ordered, their quantity and the date and place of delivery. Orders are placed by persons authorised to make orders in the name of the Purchaser.
- Orders are completed within 5 business days from the order acceptance date. Completion of the order shall be understood as issue of the parcel containing the goods ordered to the employee of the entity, through the agency of which the order is to be delivered.
- Orders shall be completed provided that the goods are available in the warehouse of the Seller. In the case of unavailability of all or some of the goods ordered, the Purchaser shall be informed of the order status and make the decision with regard to the mode of its completion (partial completion, extension of the waiting time, cancelling of the entire order).
- The delivery date shall depend on the mode of delivery of the goods via courier service, selected by the Purchaser. The conditions, price and date of delivery are based on delivery regulations of entities delivering shipments and are beyond the control of the Seller.
- The Seller shall be held liable for a delay in delivery or a failure to deliver a shipment only, if such delay or non-delivery takes place through the fault of the Seller. Moreover, the Seller shall not be held responsible for a delay in delivery, if such delay takes place through the fault of third parties (e.g. due to a decision of public administration bodies, disruptions in the manufacturer's process of production of the goods ordered, disruptions and delays in delivery of goods ordered from the manufacturer to the Seller, delays in delivery caused by the courier service or Poczta Polska, strikes of entities involved in delivery, shortages of raw materials or embargoes). At the same time, the Seller shall inform the Purchaser of the subsequent delivery date. The Purchaser shall be entitled to withdraw from the contract in the situation referred to in the previous sentence, if it results in a delay in delivery exceeding 14 days.
- In the case of a failure of the Purchaser to make timely payments on behalf of the Seller, the Seller may suspend delivery of the goods ordered or delay such delivery until receipt of the amount payable. The Seller shall not be held liable for such delay in delivery or non-delivery of goods.
- The Seller shall retain the right to suspend commercial relations with the Purchaser in the case of a suspicion that the Purchaser has lost financial liquidity. The above right shall also apply to suspension of delivery of already ordered goods, which have not been fully paid. Recommencement of commercial relations in such situation may take place only if the Purchaser has submitted financial warranties to the satisfaction of the Seller, or has made the outstanding payments, within the established time limit. In particular, the Seller shall be authorised to suspend commercial relations with the Purchaser in the case of a lack of a timely payment for goods already delivered.
- Should the Purchaser refuse to collect the goods ordered due to any reason, the Purchaser shall be obliged to pay on behalf of the Seller the full shipment costs as demanded by the Seller.
- Should the Purchaser refuse to collect the goods ordered, the Seller reserves the right to withdraw from the contract and to claim a contractual penalty in the amount of 100% of the gross value of the jewellery ordered. Payment of the contractual penalty through deduction shall not be accepted.
- Regardless of other provisions, the Seller hereby reserves the right to withdraw from performance of the contract on behalf of the Purchaser due to production and technical reasons within 7 days after it has been concluded. In such case, the Purchaser shall not be entitled to any compensation claims against the Seller.
- Each time, a VAT invoice shall be attached to the goods delivered. The payment in the amount specified in the VAT invoice shall be made in full upon receipt of the goods.
- The possibility of payment of the price through deduction is excluded.
- All of the goods delivered to the Purchaser shall remain the property of the Seller until full payment by the Purchaser of amounts subject to the invoice on behalf of the Seller for the goods delivered.
- The Seller hereby grants a warranty for any damages resulting from faults, due to reasons associated with the goods sold, for the period of 3 months from the date of shipment to the Purchaser. The warranty shall include only goods in original packaging, equipped with all of its components.
- If the Purchaser identifies damages resulting from faults due to reasons associated with the goods sold, the Purchaser shall be obliged to submit a complaint to the Seller within 3 days after the fault has been detected, to the e-mail address of the Seller, in order to retain validity of the warranty rights.
- The Seller shall determine validity of the complaint submitted within 14 days after the complaint has been made and the goods subject to the complaint have been shipped. If the Seller considers the complaint to be justified, the Seller may, at their sole discretion, either repair the faulty goods or repair them with new ones or reimburse the price paid for the goods on behalf of the Purchaser.
- The Seller hereby excludes liability of the Seller based on art. 558 § 1 of the Civil Code, based on statutory warranty for faults of goods sold in association with sale contracts performed via the Web Shop of the Seller.
- The Seller shall not accept any parcels to be paid by recipient without the previous arrangements made via electronic mail to the address: email@example.com
- In relation to a person, who fails to comply with the basic provisions of these Regulations and who undermines confidence in the portal, in particular, who orders goods and subsequently fails to collect them, makes their account available to unauthorised persons, acts to the detriment of other persons, entities or the Web-based wholesale shop of imitation jewellery www.sklep.firmabratki.pl, uses the services for prohibited purposes or abuses them and engages in activity, which is competitive to the activity of the Web-based wholesale shop of imitation jewellery, managed by the Seller, or applies competitive activities in relation to the clients of the platform, the Seller shall be authorised to:
- send a warning letter to Users of accounts established in the portal;
- limit use of the Web-based wholesale shop of imitation jewellery www.sklep.firmabratki.pl
- to block access temporarily;
- to deactivate the account.
2. The type of sanctions depends on the degree and type of violation to the Regulations. In the case of a final blocking of an account, it is possible to claim its restoration. However, from the time of blocking of the account, the User has no right to use the Web-based wholesale shop of imitation jewellery www.sklep.firmabratki.pl from any other account, or to register again. It is unacceptable to undertake any activity that could hinder or destabilise operation of the Website. If such activities have been performed, the account shall be blocked immediately. Moreover, legal action shall be taken in association with remedying of the damages caused. Activities aimed at destabilisation of the Website may be considered a crime as defined in the Criminal Code. The Purchaser hereby undertakes to inform the Seller each time in writing of a change in location of their registered office or place of residence and the service address. A failure to make such notification shall result in delivery made to addresses indicated in the order to be deemed effective.
- The Seller reserves the right to amend these Regulations unilaterally. The Seller shall notify users of any amendments to these Regulations by placing the proper information on the home page. The amendments made shall become binding and valid from the date of their announcement on the Web page www.sklep.firmabratki.pl
- Amendments to the Regulations shall not influence the rights acquired in association with the already concluded contracts for sale or orders placed.
- However, should any provision hereof turn out or become invalid or ineffective, in particular, on the basis of a final and binding court decision, this shall not affect validity of the remaining provisions of the Regulations.
- Any disputes associated with contracts for sale of goods concluded in the Web shop shall be settled out of court. Should it turn out to be impossible to settle a dispute out of court, such dispute shall be settled by the court appropriate for the registered office of the Seller.