Regulations of the qzniar.com Online Store

(valid from 01  April 2020)

These regulations define the rules for making purchases in the online store at qzniar.com
 

The operator of the store is Willow Pracownia Dominika Kuźniar with its registered office in Wrocław, which has the exclusive right to run this store.
 

The provisions of these Regulations apply to the Seller and all customers ordering and buying products in the online store  qzniar.com.

1. Introductory Provisions

1.1 Definitions:

1) Regulations - these regulations specifying the rules for making purchases in the qzniar.com online store
 

2) Store - an online store run at  qzniar .com
 

3) Seller - Willow Pracownia Dominika Kuźniar with its registered office in Wrocław (51-619) at ul. Mickiewicza 34 / 34a lok., Entered into the register of economic activity kept by the President of the City of Wrocław with the NIP number 894-241-11-09, REGON 360563661, Tel. 795132094, e-mail: dominika.qzniar@gmail.com;
 

4) Customer - a natural person, legal person, organizational unit without legal personality who placed an order in the qzniar.com online store without registering a user account;
 

5) Product / Products - artistic jewelery by Dominika Kuźniar
 

6) Provisions of law - the Act of April 23, 1964. Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended); the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827); Personal Data Protection Act of August 29, 1997 (consolidated text: Journal of Laws of 2002, No. 101, item 926, as amended).

1.2 Product Information

All Products offered in the Store are new, based on designs by Dominika Kuźniar and are protected by copyright.
 

The products are made by hand (except for chains with a mesh diameter of less than 5mm, earring fasteners and chain fasteners)

The products are made in unique designs, as well as in limited and unlimited series.
 

Due to the manual way of making the Products and due to the use of non-standard materials for their production, the Seller reserves the right to have slight differences in the Products made as part of a limited series of a specific design. This is especially true for hand polished gemstones.

There may be differences between a copy of the same Product pattern, the photo of which was posted in the Store, and another copy of this Product pattern ordered by the Customer, while the difference in the detail of Products of the same series results from the specificity of making these Products.
 

The Seller reserves the right to change the colors of the Products, resulting from the difference of the colors shown in the Product photo and the original of the photographed Product.
 

Photos and other forms of visualization and presentation of Products posted on the Store's website do not reflect the actual size of the Products, but are only informative about the Products.
 

The Seller informs that the Products - due to their handicraft nature, the delicacy and fragility of the raw materials used - should be used only for their intended purpose and stored in a manner that corresponds to their properties. Products must not be put on during housework, so as not to expose them to mechanical or chemical damage, they should not be washed, cleaned with chemical agents, they 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 advises against contacting the Products with water.

Any complaints submitted by the Customer, resulting from the lack of knowledge of the specificity of the Products referred to above, as well as from failure to comply with the rules for dealing with the Products described in the Regulations, will not be considered by the Seller.

1.3 Price

All prices of the Products offered by the Store are given in Polish zlotys.
The given prices are gross prices, i.e. they include the tax on goods and services (VAT tax). Product prices do not include shipping costs.
 

The Seller reserves the right to change the prices of Products in the Store's offer, as well as the right to organize (carry out, modify and cancel) promotional campaigns in the Store.
 

The price that appears next to the Product at the time of its order by the Customer is the price binding for both parties to the Product sales contract.

1.4 Promotions

Promotion should be understood as offering the sale of Products on terms more favorable than the standard sales conditions in force in the Store.
 

Any promotions in force in the Store cannot be combined with any promotions used by the Seller. The customer may use only one promotion, unless the rules for the validity of the promotional campaign clearly provide for the possibility of combining several different promotions.

2. Registration 

The customer places an order without registering a user account.
Both registration in the Store and placing an order without registration is tantamount to accepting the Regulations.

3. Placing orders

The Seller sells Products in the Store using the Internet.

The information contained in the Store regarding the Products does not constitute an offer within the meaning of the Civil Code, and should only be treated as an invitation to conclude a sales contract.
 

In order to purchase a Product, the Customer submits an offer to purchase it by completing the order form.
The contract for the sale of the Product is considered concluded on the day the Seller sends an e-mail to the Customer's internet address confirming the fact of sending the ordered Product.
 

After placing the order by the Customer, the Seller sends an e-mail to his e-mail address provided in the registration form, containing the confirmation of the order being accepted for execution.
The Seller carries out orders by sending Products to the Customer with the place of collection located in the territorial area of Poland and selected foreign countries.

4. Change or withdrawal of the order

The Seller allows the Customer to make changes to the order placed until the Seller sends an e-mail to the Customer's internet address confirming the fact of sending the ordered Product.
 

Until the Seller sends the above-mentioned e-mail, the Customer may also withdraw the order.

5. Order completion date

The order fulfillment time is up to 7  working days. In the case of individual orders or orders requiring personalization, the order fulfillment time is 15  working days.
 

The Seller carries out orders on the dates indicated above, while orders placed on working days after 4:00 p.m. and on non-working days (Saturdays, Sundays, holidays) will be considered as placed on the next business day and from that day the deadline will be their implementation.

In exceptional cases, e.g. when the ordered Product is not currently available in the Store, the Seller allows a longer term of order fulfillment, about which he is obliged to inform the Customer in an e-mail confirming the acceptance of the order for execution. In such a situation, no change or withdrawal of the order by the Customer within two business days of receiving an e-mail from the Seller, means consent to the extension of the order completion date, as predicted by the Seller.
 

Working days are days of the week excluding non-working days (Saturdays, Sundays and public holidays).

The ordered Product is sent by the Seller to the Customer via a courier company. If the courier  does not find the Customer at the address indicated by the Customer, he will leave a notification.
 

The costs associated with shipping the Product to the Customer are borne by the Customer.

The cost of shipping the Product to the Customer in Poland is:
-15.00 (fifteen) zlotys - when shipping via a courier company.

- international shipping costs depend on the country of destination.

The Seller reserves the right to change the amount of shipping costs related to the implementation of a specific order, due to its value, the number of Products, the specific nature of the Product requiring special packaging for transport, etc.
 

The costs of shipment of the Product to the Customer outside Poland, as well as the final amount of the cost of shipment of the Product in Poland, the Seller will each time indicate to the Customer in an e-mail confirming the acceptance of the order.

6. Payment method

The Store provides the following forms of payment of the price for the Products:
 

1. Transfer to the Store's account: Alior Bank account number:

37 2490 0005 0000 4530 1214 5756, in the title of the transfer, please indicate the order number or the symbol of the ordered Product provided next to its description in the Store;
 

2. Payment through the Pay-u service - payment made in real time, by using the payment methods indicated in the Store directly by the Seller or an entity acting on behalf of the Seller;
 

If the Customer chooses "transfer" as a form of payment, failure to credit the Store's account with the price for the Product within 3 calendar days from the date of confirmation by e-mail by the Seller of acceptance of the order for execution, will result in the cancellation of the order.

7. Receipts, invoices, sales contract confirmations

Evidence is issued for all sales of Products in the Store
purchase in the form of a receipt or VAT invoice.
 

The VAT invoice is issued at the express request of the Customer, submitted when placing the order, or not later than within 7 days from the receipt of the Product (if the invoice concerns a sale already registered using the cash register, the Customer is obliged to return the Seller a receipt documenting this sale, by attaching it to the copy of the invoice).

The VAT invoice is issued by the Seller after the Customer has provided all the data necessary to issue the invoice. Failure to provide by the Customer all the data necessary for the correct issuance of the invoice within 7 days from the receipt of the Product, the Seller shall be released from the obligation to issue an invoice.
 

The Seller is obliged to confirm in writing to the Customer all relevant provisions of the concluded Product sales contract. This confirmation is delivered by the Seller to the Customer together with the purchased Product.

8. Damage to shipments

Before confirming the receipt of the parcel, the Customer should check that the parcel's packaging has not been damaged in transport and that there are traces of its opening (e.g. breaking the seals securing the parcel).
 

If the packaging of the shipment indicates its damage or its early opening, the Customer is entitled to refuse to collect the shipment, and if possible - in the presence of the courier - to draw up a damage report, and then the Customer should immediately notify the Store about this fact.

9. Withdrawal from the sales contract and return of the Product

The customer, in accordance with the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). may withdraw from the contract of sale of the Product without giving any reason within 14 days from the date of taking possession of the Product or a third party designated by him, other than the carrier.

The declaration of withdrawal from the contract may apply to all purchased goods or their parts.

In order to withdraw from the contract, a statement of withdrawal from the contract should be sent to the Seller. The statement may be sent in writing to the address of the Seller's seat, using the form available on the Store's website, but it is not obligatory. The statement can also be submitted electronically by sending the form and sending it to the e-mail address: dominika.qzniar@gmail.com  or by sending any other unequivocal statement to the website of the Service. If the User uses the last-mentioned method of submitting a declaration of withdrawal from the contract, the Seller shall immediately send the Customer to the e-mail address provided by him a confirmation of receipt of information on withdrawal from the contract.

In the event of withdrawal from the contract for the sale of goods, each party is obliged to return everything received under the contract to the other. The seller returns the benefits no later than 14 days from the date of receipt of the declaration of withdrawal from the contract. The payment is refunded using the same payment methods that were used by the Customer in the original transaction, unless the Customer agreed to a different solution in the declaration of withdrawal from the Product purchase contract. Another solution should be indicated by the Customer in the declaration of withdrawal from the Product purchase contract.

No later than 14 days from the date of submitting the declaration of withdrawal from the Product purchase contract, the Customer sends the Seller the purchased Product to the address provided on the Store's website. The return of the goods to the Store is at the Customer's expense. The Customer is liable to the Seller for a decrease in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item. The Seller may withhold the reimbursement of the payment referred to above until receipt of the Product or until proof of its return is provided to the Seller, depending on which event occurs first.
If the Customer has chosen a method of delivering the goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Customer.

The customer is not entitled to withdraw from the purchase contract in the cases specified in art. 38 of the Act on consumer rights.

If the Product was made with the use of precious stones, pearls or other valuable raw materials, its return by the Seller will be possible only after obtaining the opinion of an expert, whose tests will be subject to the above-mentioned. stones, pearls, etc., proving the identity of the original Product.
 

The Seller declares that he does not accept COD shipments.

Personalized and custom-made products are not returnable.

10. Complaints

If the Customer finds defects in the Product within 2 years from the date of purchase, he may exercise the rights under the warranty by submitting a written complaint to the address of the Seller's registered office or to the e-mail address:  dominika.qzniar@gmail.com

The complaint should include the name and surname of the customer who made the purchase, e-mail address, order number, information about which Product the complaint relates to, a description of the problem along with any photo documentation (when the customer sends the notification by e-mail). The Customer is obliged to provide the Seller with the Product covered by the notification.
 

The seller will consider the complaint within 14 days from the date of delivery of the advertised product by the customer.

If a given Product has a defect, the legal basis for considering the complaint is the provisions of the Act of 23 April 1964 Civil Code (consolidated text, Journal of Laws 2014, item 121). art. 556 - 576.
 

In the event of a Product defect, the Customer may submit a claim under the warranty and request one of four actions: replacement of the Product with a new one (if possible, some products are unique); Product repair; lowering the price; withdrawal from the contract - if the defect is significant.

The choice of the request depends on the customer. The Seller, taking into account the provisions of the Civil Code, may propose a solution other than the one requested by the Customer, taking into account the following circumstances: the ease and speed of replacing or repairing the Product; the nature of the defect - significant or irrelevant; whether the Product was previously advertised.

If the Customer requests the replacement of the item or its repair, the Seller may refuse to comply with this request, provided that the option indicated by the Customer: would be impossible for the Seller, or - compared to the second possible request - would require excessive costs.
 

The seller may suggest a different solution. Notwithstanding the foregoing, in this situation, the Customer may change his choice and request that the Product be brought into compliance with the contract in a different way, i.e. price reduction or withdrawal from the contract.

The seller must replace the Product or remove the defect within a reasonable time. If the Seller does not meet this deadline, the Customer may set a time limit for fulfilling the request. In the event of further inactivity of the Seller and the expiry of the prescribed period, the Customer is entitled to withdraw from the contract or request a price reduction.

If the Seller finds that he is not responsible for the reported defects (when the damage results from the Customer's fault as a result of improper use of the Product, its storage, including mechanical damage, scratches and changes in the structure or shape of the Product, or as a result of random events), The Seller will notify the Customer of the expected costs of repairing the Product.

11. Privacy policy

By registering in the Store, the Customer voluntarily agrees to the storage and necessary processing by the Store of his personal data provided in the registration form for the purpose of processing orders and considering possible complaints, as well as for communication and marketing purposes (presenting the offer of Products sold via the Store).
These data are not processed by the Seller or used for any other purpose.

The store processes the customer's data in accordance with the law and in confidentiality.
 

The store does not transfer, sell or make available to other entities the collected personal data of customers.
 

Pursuant to the provisions of the Act on the Protection of Personal Data, the Customer has the right to access his data, correct it, request the cessation of its processing and request its removal.

The customer may agree to receive (by e-mail) information related to the Seller's offer and its commercial and creative activities.
 

The Seller informs that when using the Store's services, "cookies" are installed on the Customer's computer. The installation of the files is necessary for the proper provision of services. Details of installing files are included in the Privacy Policy.

12. Final provisions

The Seller reserves the right to assign all or part of its rights and obligations related to the management of the Store without the consent of the Customers.
 

Any comments and notifications regarding the functioning of the Store, violations of the Regulations, the Product offer, the credibility of data or other identified irregularities, as well as all statements and notifications addressed to the Seller, should be sent to the Seller's e-mail address.
The Seller reserves the right to amend the Regulations.

Any changes become effective the moment they are published on the Store's website. Amendments to the Regulations do not adversely affect the rights and obligations of the Customer in the field of orders, the implementation of which has already been undertaken by the Store.
 

Customers undertake to check the Regulations at regular intervals for changes or additions. By each subsequent logging in, the Customer declares that he agrees with the currently applicable version of the Regulations.

In the event of not accepting the changes to the Regulations, the Customer should refrain from logging in to the Store and immediately notify the Seller of such decision. The declaration of not accepting the changes to the Regulations entails the deletion of the Customer's account.
 

The Seller and the Customer, who concludes contracts for the sale of Products offered by the Store, will make every effort to resolve any disputes arising from the application of these Regulations and the content and performance of contracts for the sale of Products amicably. In the absence of an amicable settlement of the dispute, the competent court will be a common court with material and local jurisdiction in accordance with the provisions of the Code of Civil Procedure.

In matters not covered by the Regulations, the provisions of law and other relevant provisions in force in the Republic of Poland shall apply.
 

13. Model withdrawal form