Shop regulations

Art. 1. Basic Information

1.1. This regulation is the regulation of electronic services provided through the website: www.iroseyoujewellery.com.pl (hereinafter referred to as the “Website”).

1.2. The owner and the entity providing electronic services through the Website is: Agata Urbanska (hereinafter referred to as the “Service Provider”).

1.3. You can contact the Service Provider via email at info@iroseyoujewellery.com

1.4. This regulation was adopted on 08.04.2022.

1.5. The Service Provider reserves the right to change the Regulations.

Art. 2. Types and scope of services provided.

2.1. The website contains basic information about the Service Provider’s business: an online store (handmade jewelry).

2.2. Through the website, the Service Provider provides both paid and free services:

  • as part of the online store – selling products;
  • publishing comments.

2.3. Paid services are marked in such a way that there is no doubt that using them entails an obligation to pay.

Art. 3. Technical conditions for using the services.

3.1. In order to use the Website properly, you should have:

  • a device (PC, tablet, smartphone) with internet access;
  • an internet browser;
  • full legal capacity to make purchases on the Website;
  • an email address to make purchases on the Website or to subscribe to the newsletter.

3.2. It is prohibited to publish unlawful content on the Website.

Art. 4. Sale of Products.

4.1. Placing orders:

4.1.1. Effective order placement requires providing data specified in the order form. The data should be true and up to date.

4.1.2. The sales agreement is concluded after you provide the mandatory data, click the “Buy and pay” option, make the payment (excluding cash on delivery), and receive an email confirmation of your order from the Service Provider.

4.1.3. The Service Provider will fulfill the order after you make the payment (excluding cash on delivery) and confirm your order. The payment deadline is 7 days.

4.1.4. Orders are processed within 3 to 7 days from the date of order confirmation. Processing involves assembling and shipping the order. If the order cannot be fulfilled within this timeframe, you will be notified by the Service Provider.

4.2. Making payments:

4.2.1. The Service Provider allows payment: (a) through internet payment operators.

4.2.2. Payment is considered made upon the funds being credited to the Service Provider’s account or upon the funds being received by the payment operator’s system.

4.3. Delivery/Pickup of goods:

4.3.1. The Service Provider offers several options for delivering goods – the choice should be made when placing an order.

4.3.2. The Service Provider specifies delivery costs on the website so that you can familiarize yourself with them before placing an order.

4.3.3. In case of any irregularities in the condition of the shipment, especially its external damages, you should report this fact to the courier and draw up a protocol with this information. Remember that failing to fulfill this obligation may result in the refusal to recognize your warranty claims.

4.4. Warranty:

4.4.1. The Service Provider provides consumers with a quality guarantee to the same extent as it is liable for defects in the goods under the statutory warranty regulations, in accordance with the Civil Code.

4.5. Other information:

4.5.1. In case of doubt, it is considered that the prices listed in the store are gross prices.

4.5.2. The Service Provider reserves the right to refuse to fulfill an order if, in particular:

  • you provided false data that prevents the delivery of the shipment;
  • you failed to accept the shipment twice;
  • you did not pay for the order on time.

4.5.3. Orders can be placed either through a user account created on the Website or without creating one.

Art. 5. Consumer rights.

5.1. The provisions of Articles 5-7 below apply to consumers and entities enjoying consumer rights under the provisions of the Civil Code.

5.2. The Service Provider, with respect to individuals and entities other than those mentioned in paragraph 1 above, shall be liable for warranty under the rules specified in the Civil Code.

5.3. A consumer is considered to be a natural person who enters into a legal transaction with an entrepreneur not directly related to their economic or professional activity. A natural person conducting business activity may also benefit from the rights granted to consumers, provided that it is clear from the content of the agreement that it does not have a professional character for this person, in particular resulting from the subject matter of the economic activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

5.4. The legal basis for consumer rights is the Consumer Rights Act. Provisions of agreements less favorable to the consumer than the provisions of the law are invalid, and the provisions of the law shall apply in their place.

Art. 6. Consumer right of withdrawal from the contract.

6.1. Every person making a purchase of goods or services as a consumer has the right to withdraw from the contract without giving any reason. Note! The right to withdraw from the contract will not apply to the purchase of digital content that is not stored on a physical medium or services if the performance of the service has begun with your express consent before the expiry of the withdrawal period.

6.2. In order to exercise the right to withdraw from the contract without giving any reason, you are obliged to submit a statement of intent in this regard. You can use the form at the bottom of the Regulations, but this is not mandatory. It is sufficient to send us an email or a handwritten letter with your details (name, address, optionally phone number or email address), information about the purchased goods or services with a statement that you are withdrawing from the contract.

6.3. The deadline of 14 days is considered met if you send us an email or a letter before the expiry of this period.

6.4. In the event of withdrawal from a distance contract, the contract is considered not concluded and for this reason, we are obliged to reimburse you for the payments made by you, and you are obliged to return the purchased goods.

6.5. No later than within 14 days from the day we receive the statement of withdrawal from the contract, we will refund you all payments made, including the shipping costs (if you incurred any), with the reservation that we refund the shipping costs up to the amount of the cheapest delivery option offered by us. If you chose a delivery method other than the cheapest standard delivery offered by us, we will not be obliged to refund any additional costs incurred by you.

6.6. Payment may be suspended by us until we receive the goods back from you or until you provide proof of their return. We will refund your payments using the same payment method as you used for the initial transaction, unless you request otherwise.

6.7. The goods should be returned no later than 14 days from the day you withdraw from the contract. To meet the deadline, it is sufficient to send back the items before the expiry of this period. The direct costs of returning the goods will not be refunded by us.

6.8. In the event of withdrawal from the contract, you are responsible for any diminished value of the returned goods resulting from using them in a manner exceeding what is necessary to establish the nature, characteristics, and functioning of the goods.

Art. 7. Consumer rights in case of non-conformity with the contract.

7.1. The Service Provider is liable to the consumer for any non-conformity of the goods with the contract existing at the time of their delivery and revealed within two years from that moment, unless the expiry date of the product’s usability specified by the Service Provider, its legal predecessors, or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the goods with the contract, which appeared before the expiry of two years from the delivery of the goods, existed at the time of their delivery, unless proven otherwise or unless such presumptions cannot be reconciled with the nature of the goods or the nature of the lack of conformity of the goods with the contract.

7.2. With regard to goods containing digital elements, the Service Provider is liable to the consumer for any non-conformity with the contract of digital content or digital services delivered continuously, which occurred or became apparent during the period in which, according to the contract, they were to be delivered. This period may not be shorter than two years from the delivery of goods containing digital elements. It is presumed that the lack of conformity of digital content or digital services with the contract occurred during this period if it became apparent during that time.

7.3. The Service Provider is liable for any non-conformity with the contract of digital content or digital services delivered once or in parts, which existed at the time of their delivery and became apparent within two years from that moment. It is presumed that the lack of conformity of digital content or digital services with the contract, which became apparent before the expiry of one year from the delivery of digital content or digital services, existed at the time of their delivery.

7.4. The Service Provider is liable for any non-conformity with the contract of digital content or digital services delivered continuously, which occurred or became apparent during the period in which, according to the contract, they were to be delivered. It is presumed that the lack of conformity of digital content or digital services with the contract occurred during this period if it became apparent during that time.

7.5. The presumptions specified in paragraphs 3 and 4 shall not apply if:

  • The consumer’s digital environment is not compatible with the technical requirements, about which the Service Provider clearly and understandably informed them before the conclusion of the contract;
  • the consumer, informed clearly and understandably before the conclusion of the contract about the obligation to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means for themselves, in order to determine whether the lack of conformity of the digital content or digital service with the contract in the appropriate time results from the characteristics of the consumer’s digital environment, fails to fulfill this obligation.

7.6. Uprights of the consumer in case of non-conformity of the goods with the contract:

7.6.1. If the goods are not in conformity with the contract, the consumer may demand their repair or replacement.

7.6.2. The Service Provider may carry out a replacement when the consumer demands repair, or the Service Provider may carry out repair when the consumer demands replacement if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the Service Provider.

7.6.3. If repair or replacement is impossible or would require excessive costs for the Service Provider, it may refuse to bring the goods into conformity with the contract.

7.6.4. The consumer also has the right to submit a statement to the Service Provider regarding a price reduction or withdrawal from the contract in the event of one of the following occurrences:

  • The Service Provider refused to bring the goods into conformity with the contract;

  • The Service Provider did not bring the goods into conformity with the contract;

  • the lack of conformity of the goods with the contract persists even though the Service Provider attempted to bring the goods into conformity with the contract;

  • the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the right to repair or replacement of the goods;

  • it is evident from the Service Provider’s statement or circumstances that it will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the consumer.

7.6.5. The consumer cannot withdraw from the contract if the lack of conformity of the goods with the contract is insignificant. It is presumed that the lack of conformity of the goods with the contract is significant.

7.7. Consumer’s rights in case of non-conformity of digital content or digital service with the contract:

7.7.1. If the digital content or digital service is not in conformity with the contract, the consumer may demand that it be brought into conformity with the contract.

7.7.2. The Service Provider may refuse to bring the digital content or digital service into conformity with the contract if bringing it into conformity with the contract is impossible or would require excessive costs for the Service Provider.

7.7.3. If the digital content or digital service is not in conformity with the contract, the consumer may submit a declaration of price reduction or withdrawal from the contract when:

  • bringing the digital content or digital service into conformity with the contract is impossible or would require excessive costs,
  • the Service Provider did not bring the digital content or digital service into conformity with the contract,

  • the lack of conformity of the digital content or digital service with the contract still persists, even though the Service Provider attempted to bring the digital content or digital service into conformity with the contract,

  • the lack of conformity of the digital content or digital service with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the right to bring the digital content or digital service into conformity with the contract,

  • it is evident from the Service Provider’s statement or circumstances that they will not bring the digital content or digital service into conformity with the contract within a reasonable time or without significant inconvenience to the consumer.

7.7.4. The consumer cannot withdraw from the contract if the digital content or digital service is provided in exchange for payment, and the lack of conformity of the digital content or digital service with the contract is insignificant. It is presumed that the lack of conformity of the digital content or digital service with the contract is significant.

Article 8. Complaint procedure

8.1. The right to lodge a complaint is granted to every person using the Website, especially those making purchases on the Website or using services provided through the Website.

8.2. All complaints, comments, and reservations regarding the Website and services provided through it can be directed to the address info@iroseyoujewellery.com.

8.3. In the case of complaints regarding non-compliance with the agreement or warranty claims, you are obliged to provide:

  • contact details – name, surname, email address, phone number, residential address;

  • details regarding the agreement or the product (digital content and digital service) so that we can identify the transaction;

  • reason for the complaint, and in case you refer to physical defects of the product, also photographic documentation of the defects;

  • your demands.

8.4. In the case of complaints regarding other matters than faulty goods/services, you are required to provide:

  • contact details – first name, last name, and email address,
  • description of the reasons for the complaint,  
  • your demands, proposals, and suggestions.

8.5. The Service Provider undertakes to respond to the complaint within 14 days from the date of its receipt. The Service Provider responds to the complaint via email.

8.6. Specific provisions regarding consumers:

8.6.1. The Service Provider carries out repairs or replacements within a reasonable time from the moment the Service Provider was informed by the consumer about the non-conformity with the contract, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer acquired them. The costs of repair or replacement, including in particular postage, transport, labor, and materials, are borne by the Service Provider.

8.6.2. The consumer provides the goods subject to repair or replacement to the Service Provider. The Service Provider collects the goods from the consumer at its own expense.

8.6.3. If the goods have been installed before the non-conformity with the contract is revealed, the Service Provider disassembles the goods and reassembles them after repair or replacement, or instructs the consumer to do so at its own expense.

8.6.4. The reduced price must be in proportion to the price resulting from the contract, in which the value of the non-conforming goods remains to the value of the conforming goods.

8.6.5. The Service Provider reimburses the consumer the amounts due as a result of reducing the price immediately, no later than 14 days from the date of receiving the consumer’s statement about the price reduction.

8.6.6. In the event of withdrawal from the contract, the consumer immediately returns the goods to the Service Provider. The Service Provider refunds the consumer the price immediately, no later than 14 days from the date of receiving the goods or proof of their return.

8.6.7. The Service Provider refunds the price using the same payment method that the consumer used, unless the consumer has expressly agreed to a different method of refund that does not entail any costs for them.

Art.9. Newsletter.

9.1. The service in the form of a newsletter subscription is free of charge. It consists of the Service Provider sending commercial information about promotions and special offers of the Service Provider. By subscribing to the newsletter, you consent to the Service Provider sending commercial information to the email address provided by you.

9.2. You can unsubscribe from the newsletter at any time by using the unsubscribe option provided in the newsletter message or by contacting the Service Provider.

Art. 10. Comments.

10.1. You can publish comments on the website.

10.2. The Service Provider reserves the right to delete comments without giving a reason.

Art.11. Dispute resolution.

11.1. By accepting this agreement, you agree that in the event of a dispute, we will attempt to resolve it jointly and amicably. The negotiation period will be 3 months from the date of the claim being raised by either party. If no resolution is reached within this specified period, either party may bring their claims to the competent court.

11.2. In the case of services provided to a consumer residing in a country other than Poland, we agree that the matter will be governed by Polish law. This agreement does not deprive you of the protection afforded to you under provisions that cannot be excluded by agreement or by law.

11.3. I consent to out-of-court dispute resolution. If you wish to bring a claim against me, you can do so electronically at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL 

Art.12. Personal data protection.

12.1. The Service Provider is the data controller within the meaning of the provisions on personal data protection (GDPR and others). Information about the rules of processing data by the Service Provider is contained in the Privacy Policy available at: https://iroseyoujewellery.com.pl/polityka-prywatnosci/