Rules

1. General provisions

2. Electronic services in the online store

3. Conditions of concluding a sale

4. Methods and terms of payment for the product

5. Cost, methods and date of delivery and receipt of the product

6. Product complaint

7. Out-of-court complaint handling methods

8. Right to withdraw from the contract

9. Personal data in the online store

10. Final provisions

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§1 General provisions

1. The Online Store available at www.sotejewellery.com is run by Jan Lewczuk, who runs a business under the name Lewczuk Studio Jan Lewczuk, entered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister responsible for economy, having: place address activities: ul. Elektoralna 14/12, NIP 5252663240, REGON 364755890, e-mail address: hello@sotejewellery.com, phone number: 577-827-927.

2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store (with the exception of point 9 of the Regulations, which is addressed only to entrepreneurs).

3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for purposes within the scope and based on the principles set out in the privacy policy published on the Online Store website. Providing personal information is voluntary. Any person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and amend it.

4. Definitions:

• Business day – one day from Monday to Friday, excluding public holidays.

• Order form – Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

• Customer – (1) a natural person with full legal capacity, and in the cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which the law confers legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.

• Civil Code – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

• Product – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.

• Regulations – these Regulations of the Online Store.

• Online store – the Service Provider’s online store available at the Internet address: www.sotejewellery.com

• Seller; service provider – Jan Lewczuk running a business under the name Lewczuk Studio Jan Lewczuk entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having: address of place of business: ul. Elektoralna 14/12 00-139 Warsaw, NIP 5252663240, REGON 364755890, e-mail address: hello@sotejewellery.com, phone number: 577-827-927.

• Sales contract – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.

• Electronic service – a service provided electronically by the Service Provider to the Service User via the Online Store.

• Customer – (1) a natural person with full legal capacity, and in the cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which the law confers legal capacity; – using or intending to use the Electronic Service.

• Act on consumer rights; Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)

• Order – the Customer’s declaration of intent submitted via the Order Form and aiming directly at the conclusion of the Product Sales Agreement with the Seller.

§2 Electronic services in the online store

1. An Order Form is available in the Online Store.

2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. The Order is placed after the Customer completes a total of two consecutive steps – (1) after completing the Order Form and (2) clicking on the ‘Buy and Pay’ field on the Online Store website after completing the Order Form – up to this moment it is possible to modify the entered data (in for this purpose, follow the displayed messages and information available on the Online Store website.) In the Order Form, it is necessary for the Customer to provide the following Customer data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product (s), quantity of Product (s), place and method of delivery of the Product (s), method of payment. For customers who are not consumers, it is also necessary to provide the company name and tax identification number.

(1) The Electronic Order Form Service is provided free of charge and is of a one-off nature and is terminated when the Order is placed via it or when the Customer ceases to place the Order through it.

3. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling in the web browser the ability to save cookies and Javascript or Smatfon support with iOS or Android.

4. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and decency, having regard to respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing unlawful content.

5. Complaint procedure:

• Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which was indicated in points 6 and 7 of the Regulations) The Service Recipient may submit, for example:

• preferably in electronic form via e-mail to the following address: hello@sotejewellery.com;

• or in writing to the following address: Szpitalna Street 4/14, 00-570 Warsaw

• It is recommended that the Service Recipient in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities; (2) the Customer’s requests; and (3) contact details of the person submitting the complaint – this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

• The Service Provider shall respond to the complaint immediately, not later than within 14 calendar days from the date of its submission.

§3 Conditions of concluding a sales contract

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.

2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the delivery costs (including charges for transport, delivery and postal services) and about other costs, and when it is not possible to determine the amount of these fees – the obligation to pay them, the Customer is informed on the Online Store website when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.

3. The procedure of concluding a Sales Agreement in the Online Store using the Order Form

4. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.

5. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation occurs by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided during the submission of the Order, which contains at least the Seller’s statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.

6. Consolidation, security and making available to the Customer the content of the concluded Sales Agreement is made by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2. Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.

§4 Methods and terms of payment for the product

1. The Seller provides the Customer with the following payment methods under the Sales Agreement:

• Payment by cash on delivery in Sote Store at Mokotowska 61 in Warsaw.

• Payment by card using the SumUp system on personal collection in our store at Mokotowska 61 in Warsaw.

• Payment by bank transfer to the Seller’s bank account.

Bank: ING Bank Śląski S.A.

Account number: 61 1050 1054 1000 0092 2827 0188

2. Electronic payments and payment by card

• Payment via a paying agent like PayPal sp.z o.o. based in Warsaw

• Date of payment:

• If the Customer chooses cash payment on personal pickup, bank transfer, electronic payment or payment card payment, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement.

• If the Customer chooses the payment on delivery, the Customer is obliged to make the payment on delivery.

§5 Cost methods and date of delivery and receipt of the product

1. Product delivery is available on the territory of the Republic of Poland,

2. Product delivery to the customer is free in Poland and the European Union. Product delivery costs outside the European Union (including transport, delivery and postal services) are indicated to the Customer when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.

3. Personal collection of the Product by the Customer is free.

4. The Seller provides the Customer with the following methods of delivery or collection of the Product:

• DPD courier, cash on delivery DPD.

• Postal delivery, cash on delivery.

• Personal pickup available at the Sote Store at Mokotowska 61 in Warsaw.

• For international parcels – priority postal parcel registered with tracking number.

5. The deadline for delivery of the Product to the Customer is up to 21 Business Days, unless a shorter period is given in the description of the given Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 21 Business Days. The beginning of the delivery period of the Product to the Customer counts 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 or settlement account.

• If the Customer chooses the method of payment on delivery – from the date of the Sale Agreement.

6. Product readiness for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 21 Business Days, unless a shorter period is given in the description of the Product or when placing the Order. In the case of Products with different terms of readiness for collection, the term of readiness for collection is the longest period provided, which may not, however, exceed 21 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the e-mail address provided by the Customer when placing the Order. The beginning of the period of readiness for the Product to be picked up by the Customer counts 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 or settlement account.

• If the Customer chooses the method of cash on delivery – from the date of the Sale Agreement.

§6 Product complaint

1. The basis and scope of the Seller’s liability to the Customer, if the Product sold has a physical or legal defect (warranty) are defined by generally applicable law, in particular in the Civil Code.

2. The Seller is obliged to provide the Customer with a Product without defects. In the event of a product defect arising as a result of an error in the manufacture of the product (e.g. cracked stone, stone that has fallen out of the product, any spontaneous or daily cracking of the precious metal from which the product is made, etc.), we repair or replace the product free of charge . In the event of damage to the product as a result of misuse, you can always contact us for repair for a small fee (if repair is possible).
In accordance with our ideals, we always do everything to consider the complaint positively and resolve this situation in favor of the customer.

3. A complaint may be submitted by the Customer, for example:

• preferably in electronic form via e-mail to the following address: hello@sotejewellery.com

• or in writing to the following address: ul. Szpitalna 4/14, 00-031 Warsaw;

4. It is recommended that the customer provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demanding how to bring the Product into compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

5. The Seller shall respond to the Customer’s complaint promptly, no later than within 14 calendar days from the date of its submission. Most often, however, this happens within 2 days of submitting the complaint.

6. In the event that the Seller will have to provide the Product to the Seller to respond to the Customer’s complaint or to exercise the Customer’s rights under the warranty, the Customer will be asked by the Seller to deliver the Product at the Seller’s expense to ul. Szpitalna 4/14, 00 -031 Warsaw.

7. A request for delivery of the Product referred to in point 6.6 of the Regulations does not affect the time limit for the Seller to respond to the Customer’s complaint referred to in point 6.5 of the Regulations and does not infringe the Customer’s right to request the Seller to repair the product or replace it with a new one, free from defects, referred to in art. 561 [1] of the Civil Code.

§7 Out-of-court complaint and redress methods and rules of access to these procedures

1. Detailed information on the possibility for a Customer who is a consumer to use extrajudicial methods of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection , Provincial Inspectorates of the 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 oraz http://www.uokik.gov.pl/wazne_adresy.php.

§8 Right to withdraw from the contract

1. A consumer who has entered into a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal may be made, for example:

• in electronic form via e-mail to the following address: hello@sotejewellery.com;

• in writing to the address ul. Szpitalna 4/14, 00-031 Warsaw;

2. An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and in addition we can always easily send such a form by e-mail, for this purpose please write to hello@sotejewellery.com. The consumer may use the template form, but it is not mandatory.

3. The period for withdrawing from the contract begins:

• for the contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Contract) – from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves regular delivery of Products for a limited period – from taking possession of the first of the Products;

• for other contracts – from the date of the contract.

4. In the event of withdrawal from a distance contract, the contract is considered void.

5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by him, including the delivery costs of the Product (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest regular delivery method available in the Online Store). The seller reimburses the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of reimbursement that does not entail any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of his return, depending on which event occurs first.

6. The consumer is obliged to immediately, not later than within 14 calendar days from the day on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry. The consumer may return the Product to the following address: Szpitalna Street 4/14, 00-031 Warsaw.

7. The consumer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:

• If the consumer has chosen a method of delivery of the Product other than the cheapest regular delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.

• The consumer bears the direct cost of returning the Product.

• In the case of a Product which is a service, the performance of which – at the express request of the consumer – began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is required to pay for the services fulfilled until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service rendered, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

9. The consumer is not entitled to withdraw from a distance contract in respect of contracts:

• (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract; (2) 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 deadline to withdraw from the contract; (3) in which the subject of the service is a Non-prefabricated Product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject the benefit is the Product delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly demanded that the Seller visit him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services other than for residential purposes, the carriage of goods, car rental, gastronomy, leisure services, entertainment, sporting or cultural events, if the contract indicates the day or period of service provision; (13) for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.

§9 Personal data in the online store

1. The administrator of the personal data of Service Recipients / Customers collected via the Online Store is the Seller.

2. The personal data of the Service Recipients / Customers collected by the administrator via the Online Store are collected – in accordance with the will of the Service Recipient / Customer – in order to implement the Sales Agreement or the contract for the provision of Electronic Services.

3. Possible recipients of personal data of the Online Store Customers:

• In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.

• In the case of a Customer who uses the Online Store with an electronic payment method or payment card, the Administrator provides the Customer’s personal data collected to the selected entity operating the above payments in the Online Store.

4. The Service Recipient / Customer has the right to access their data and amend it. A request in this regard may be made, for example:

• in electronic form via e-mail to the following email address: hello@sotejewellery.com

5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement or contract for the provision of Electronic Services results in the inability to conclude this contract. The data necessary to conclude a Sales Agreement or contract for the provision of Electronic Services are also indicated each time on the Online Store website before the conclusion of the contract.

§10 Final provisions

1. Agreements concluded through the Online Store are concluded in Polish.

2. Amendments to the Regulations:

• The Service Provider reserves the right to amend the Regulations for important reasons, that is: changes in law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.

• In the event of permanent contracts being concluded under these Regulations (e.g. provision of Electronic Services – Account), the amended regulations shall bind the Service Recipient, if the requirements specified in art. 384 and 384 [1] of the Civil Code, i.e. the Customer has been properly notified of the changes and has not terminated the contract within 14 calendar days of the date of notification. In the event that a change in the Regulations results in the introduction of any new fees or increase in existing fees, the Customer who is a consumer has the right to withdraw from the contract.

• In the case of conclusion of contracts other than continuous contracts based on these Regulations (e.g. Sales Agreement), changes to the Regulations will not in any way affect the acquired rights of Service Recipients / Customers who are consumers before the date of entry into force of amendments to the Regulations, in particular changes to the Regulations will not have an impact on orders already placed or submitted and Sales Agreements concluded, implemented or executed.

3. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded from December 25, 2014 with customers who are consumers – the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of applicable law.

The sotejewellery.com Online Store cares for the rights of consumers. The consumer may not waive the rights conferred on him by the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and in their place the provisions of the Act on Consumer Rights apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights under their mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions and should be applied.