Terms and conditions

§ 1 Introductory provisions

1. Antyczna Biżuteria online shop, available at the Internet address https://antycznabizuteria.com/, is run by Danuta Bańbuła-Daszkowska conducting business activity under the name Danuta Bańbuła-Daszkowska Wycena Biżuteria I Kamieni Szlachetnych (Danuta Bańbuła-Daszkowska Wycena Biżuteria I Kamieni Szlachetnych) registered in the Central Business Register and Information on Business Activity (CEIDG) maintained by the minister responsible for economy, NIP (Tax Identification Number) 6760116266 REGON 350657341.
2. These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Shop and set out the principles for the use of the Internet Shop and the rules and procedure for concluding distance sales agreements with the Customer through the Shop.

§ 2 Definitions

1. Consumer – a natural person concluding a contract with the Seller through the Shop, the subject of which is not directly related to his/her economic or professional activity.
2. Seller – a natural person conducting business under the name Danuta Bańbuła-Daszkowska Wycena Biżuteria I Kamieni Szlachetnych (Danuta Bańbuła-Daszkowska Jewellery and Gemstones Valuation) registered in the Central Register of Business Activity (CEIDG) maintained by the minister responsible for economy, NIP 6760116266 REGON 350657341.
3. Customer – any entity making purchases through the Store.
4. Entrepreneur – a natural person, a legal person and an organisational unit that is not a legal person, to which a separate act grants legal capacity, performing a business on its own behalf, who uses the Store.
5. Shop – the online shop operated by the Seller at the Internet address www.toopet.pl.
6. Distance contract – a contract concluded with a Customer within an organised distance contracting system (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
7. Rules and Regulations – these rules and regulations of the Store.
8. Order – Customer’s declaration of will placed via the Order Form and aiming directly at the conclusion of a Sales Contract for a Product or Products with the Seller.
9. Account – Customer’s account in the Shop, in which the data given by the Customer and information about Orders placed by him/her in the Shop are collected.
10. Registration form – a form available in the Shop, enabling the creation of an Account.
11. Order Form – an interactive form available in the Shop which allows the Customer to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Basket – an element of the Shop’s software in which the Products selected by the Customer for purchase are visible, as well as the possibility of determining and modifying the Order’s data, in particular the quantity of the Products.
13. Product – a movable item/service available in the Store which is the subject of a Sales Agreement between the Customer and the Seller.
14. Sales Agreement – a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Internet Shop. The Sales Agreement is also understood – according to the characteristics of the Product – as the contract for the provision of services and the contract for a specific work.

§ 3 Contact with the shop

1. Seller’s address: Danuta Bańbuła-Daszkowska Wycena Biżuteria I Kamieni Szlachetnych, ul. Sławkowska 5-7 31-016 Kraków, PL
2. Seller’s e-mail address: biuro@antycznabizuteria.com
3. Seller’s phone number: +48 601 462 254
4. Seller’s bank account number: 97 8589 0006 0000 0030 5701 0001
5. The Customer may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
6. The Customer may communicate with the Seller by telephone between 8 am and 4 pm.

§ 4 Technical requirements

In order to use the Shop, including browsing the Shop’s product range and placing orders for Products, the following are necessary:

1. a terminal device with access to the Internet and a web browser such as a computer, laptop, telephone, tablet..,
2. an active e-mail account,
3. cookies enabled,
4. FlashPlayer installed.

§ 5 General information

1. To the fullest extent permitted by law, the Seller shall not be held liable for any disruptions, including interruptions in the functioning of the Shop caused by force majeure, unauthorised action of third parties or incompatibility of the Shop with the technical infrastructure of the Customer.
2. Browsing through the Shop’s assortment does not require creating an Account. Placing orders by the Customer for products in the Shop’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data which enables the fulfilment of the order without creating an Account.
3. Prices given in the Store are given in Polish zlotys and are gross prices (including VAT).
4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), of which the Customer is informed on the pages of the Store when placing an Order, including at the moment of expressing his or her will to be bound by the Sales Agreement.
5. In the case of a Contract covering subscriptions or services for an indefinite period of time, the final (final) price shall be the total price including all payments for the billing period.
6. If the nature of the subject matter of the Contract does not make it reasonably possible to calculate the final (definitive) price in advance, the manner in which the price will be calculated, as well as transport, delivery, postal and other charges shall be indicated in the Shop in the Product description.

§ 6 Creating an Account in the Shop

1. In order to set up an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data:
   
   • First and Last Name
   • Exact address
   • E-mail address
   • Telephone number
   • Login
   • Password
2. Creating an Account in the Shop is free of charge.
3. Logging into an Account takes place by providing a login and password established in the Registration Form.
4. The Customer has the possibility of deleting the Account at any time, without giving any reason and without incurring any fees on this account, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses given in § 3.

§ 7 Principles of Ordering

In order to place an Order it is necessary to:

1. Select the Product that is the subject of the Order and then click the “Add to basket” button (or equivalent);
2. Log in or use the option of placing an Order without registration;
3. If the option of submitting the Order without registration has been selected – fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
4. Click the “Order and pay” button
5. Select one of the available payment methods and, depending on the payment method, pay for the Order within the specified period, subject to § 8 point 3

§ 8 Delivery and payment methods offered

1. The Customer may use the following methods of delivery or collection of the ordered Product:
   – Delivery by e-mail – e-mail
2. The Customer may use the following payment methods:
   – Payment by bank transfer to the Seller’s account
   – Electronic payment (Przelewy24)
3. Detailed information on delivery methods and accepted payment methods can be found on the Shop pages.

§ 9 Performance of the sales contract

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Shop in accordance with § 7 of the Terms and Conditions.
2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for fulfilment. Confirmation of receipt of the Order and its acceptance for processing shall be made by the Seller sending to the Customer the relevant e-mail message to the Customer’s e-mail address provided during the Order placement process, which contains at least the Seller’s statements of receipt of the Order and its acceptance for processing as well as confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3. If the Customer chooses:
   – payment by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be cancelled.
   – payment on delivery, the Customer is obliged to make the payment on delivery.
   – payment in cash on delivery, the Customer is obliged to make payment on delivery within 5 days from the day of receiving information that the parcel is ready for collection.
4. If the Customer has chosen a method of delivery other than personal collection, the Product shall be dispatched by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
   A In the event of an order for Products with different delivery dates, the delivery date shall be the longest date given.
   Where the Customer orders Products with different delivery times, the Customer shall have the option of requesting delivery of the Products in instalments or delivery of all the Products once the entire order has been completed.
5. The start of the period for delivery of the Product to the Customer is calculated as follows:
   If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
   In case the Customer chooses cash on delivery payment method – from the date of conclusion of the Sales Agreement,
   If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the Order.
   If the Customer orders Products with different dates of readiness for collection, the Customer has the option to collect the Products in parts (according to their readiness for collection) or to collect all the Products once the entire order has been completed.
6. The start of the deadline for the Product to be ready for collection by the Customer is calculated as follows:
   If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
   If the Customer chooses the method of cash on delivery in person – from the date of conclusion of the Sales Agreement.
7. Delivery of the Product takes place in the territory of the European Union
8. Delivery of the Product to the Customer is chargeable, unless the Sales Contract states otherwise. The Product’s delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the web pages of the Online Shop under “Delivery Costs” and during the placing of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
9. Personal collection of the Product by the Customer is free of charge.

§ 10 Right of withdrawal

1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period referred to in paragraph 1 shall begin with the delivery of the
3. Product to the Consumer or to a person designated by the Consumer other than the carrier.
   In the case of a Contract which involves multiple Products which are delivered separately, in lots or in parts, the period referred to in paragraph 1 shall run from the delivery of the last item, lot or part.
4. In the case of a Contract which involves the regular delivery of Products over a fixed period of time (subscription), the period indicated in paragraph 1 shall run from taking possession of the first item.
5. The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. In order to meet the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send the statement before the expiry of this deadline.
6. The statement may be sent by traditional mail, fax or electronically by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement may also be submitted on the form, the template of which is attached as Appendix No. 1 to these Terms and Conditions and Appendix to the Act of 30 May 2014 on Consumer Rights, but it is not obligatory.
7. If the Consumer sends a statement by electronic means, the Seller shall immediately send the Consumer an acknowledgement of receipt of the statement of withdrawal to the e-mail address provided by the Consumer.
8. Effects of withdrawal from the Contract:
   In the event of withdrawal from a Contract concluded at a distance, the Contract shall be deemed not to have been concluded.
   In the event of withdrawal from the Contract, the Seller shall reimburse to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Contract, all payments made by the Consumer, including the costs of delivery of the item, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
   The Seller shall refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for the Consumer.
9. The Seller may withhold reimbursement until it has received the Product back or until it has been provided with proof of return, whichever event occurs first.
10. The Consumer should send back the Product to the Seller’s address given in these Terms and Conditions immediately, no later than 14 days from the day on which the Consumer informed the Seller about the withdrawal from the Contract. The deadline shall be met if the Consumer sends back the Product before the expiry of the 14-day period.
11. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not normally be returned by post.
12. The Consumer shall only be liable for any diminished value of the Product resulting from the use of the Product other than what was necessary to establish the nature, characteristics and functioning of the Product.
13. Where, due to the nature of the Product, it cannot be sent back in the usual way by post, information about this, as well as about the costs of returning the Product, will be included in the description of the Product in the Shop.
14. The right of withdrawal from a contract concluded at a distance does not apply to the Consumer in relation to a Contract:
    – in which the object of the performance is a non-refabricated item produced to the Consumer’s specifications or serving to meet his/her individualised needs,
    – in which the object of performance is an item supplied in a sealed package which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery,
    – where the object of the performance is a perishable item or an item with a short shelf life,
    – where the Seller has performed the service in full with the express consent of the Consumer who was informed prior to the provision of the service that after the Seller’s performance he will lose his right of withdrawal,
    – in which the price or remuneration is dependent on fluctuations in the financial market over which the Seller has no control and which may occur before the end of the withdrawal period,
    – in which the subject matter of the performance is items which, by their nature, are inseparable from other items after delivery,
    – in which the subject of the performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, the delivery of which may only take place after the expiry of 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,
    – in which the subject matter of the performance is sound or visual recordings or computer software supplied in sealed packaging if the packaging has been opened after delivery,
    – for the supply of newspapers, periodicals or magazines, except for a subscription contract,
    – for 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 withdrawal period and after the Seller has informed the consumer of the loss of the right of withdrawal,

§ 11 Complaint and warranty

1. The Sales Agreement covers new Products.
2. The Seller is obliged to provide the Customer with goods free from defects.
3. In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.
4. A complaint should be made in writing or electronically to the addresses given in these Terms and Conditions to the Seller or using an electronic complaint form made available by the Seller on one of the subpages of the Store.
5. It is recommended to include in the complaint, among others, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint and the Customer’s request in connection with the defect of the goods.
6. The Seller shall respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it shall be deemed that the Customer’s request is justified.
7. Goods sent back under the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions.
8. If a guarantee has been granted for a Product, information about it, as well as its content, shall be included in the description of the Product in the Shop.

§ 12 Out-of-court complaint and redress procedures

1. Detailed information on the consumer’s possibilities of using out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following examples of out-of-court ways of dealing with complaints and claims:
   The Consumer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
   The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
3. A consumer may obtain free assistance in resolving a dispute between him and the seller, also using the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).

§ 13 Personal data in the online shop

1. The administrator of the Customers’ personal data collected via the Online Shop is the Seller.
2. Customers’ personal data collected by the administrator via the Online Store are collected for the purpose of fulfilling the Sales Agreement, and if the Customer agrees – also for marketing purposes.
   Recipients of personal data of the Customers of the Online Store may be:
   In the case of a Customer who uses postal or courier delivery in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary performing the shipment on behalf of the Administrator.
3. In case of a Customer who uses electronic or credit card payment method in the Internet shop, the Administrator shall make available the collected personal data of the Customer to a selected entity handling the aforementioned payments in the Internet shop.
4. The Customer has the right to access and correct his/her data.
5. The provision of personal data is voluntary, although the failure to provide the personal data specified in the Terms and Conditions necessary to conclude the Sales Agreement results in the impossibility to conclude this agreement.

§ 14 Final provisions

1. Contracts concluded through the Internet Shop are concluded in the Polish language.
2. The Seller reserves the right to make changes to these Terms and Conditions for important reasons, i.e.: changes to the law, changes to methods of payment and delivery – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer about each change at least 7 days in advance.
3. Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on Providing Electronic Services; Act on Consumer Rights, Act on Personal Data Protection.
4. The Customer has the right to use out-of-court ways of dealing with complaints and claims. For this purpose, he/she may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/