§1

Seller Identification

1. The owner of the Store is:
Magic of Diamonds Katarzyna Kaluzny-Janus
with headquarters at ul. Krakowskie Przedmiescie 62 00-322 Warsaw NIP: 5222707659
REGON: 140840094
Tel. +48 500 800 165
Email: kontakt@magiabrylantow.pl

§2

General provisions

1. The Online Store [hereinafter the Store] conducts retail sales via the Internet under these Regulations [hereinafter the Regulations].

2. The consumer [hereinafter the Customer] is a natural person making a legal transaction with the Store not directly related to its business or professional activity (Article 22 of the Civil Code).

3. The Entrepreneur [hereinafter referred to as the Entrepreneur] is a person / entity / organization which performs legal activities related to the Store’s business or / and professional activity.

4. The Regulations are an integral part of the sales contract concluded with the Customer / Entrepreneur.

5. The prices given in the Store are gross prices (including VAT).

6. Goods available in the Store are new or used (in the case of antiques) and are free from physical and legal defects. The exception is the goods displayed on the Store’s website with a physical defect clearly marked in the description. These items can be purchased at a lower price.

7. For each purchased product, the Buyer receives a company certificate with a product description and specification of precious stones and metals. The certificate is free.

§3

Orders

1. Orders can be placed as follows:

• via the form available on the Store’s website (customer’s basket),
• by e-mail to the address available on the Store’s website,
• by phone to the phone number available on the Store’s website.

2. The condition of the order is that the customer / entrepreneur provide data that allows verification of the customer / entrepreneur and the recipient of the goods. The store confirms the acceptance of the order by sending to the e-mail address provided when placing the order, a message describing the subject of the order. If incomplete, erroneous or contradictory information is provided by the Customer / Entrepreneur when placing the order, the Store will contact the Customer / Entrepreneurs to remove the errors.

3. The parties shall be bound by the information visible on the Store’s website next to the purchased goods at the time of placing the order. This applies in particular to: price, product characteristics, its features, elements included in the set, dates and method of delivery.

4. Information on the Store’s website does not constitute an offer within the meaning of the Civil Code. By placing an order, the Customer / Entrepreneur submits an offer to purchase specific goods.

5. By placing an order, the Customer / Entrepreneur submits an offer to conclude a sales contract for the ordered products.

6. After placing the order, an e-mail is sent to the e-mail address with information about the next stages of the contract:

• after verification of the order, the Store sends to the e-mail address provided by the Customer / Entrepreneur information about the acceptance of the order for implementation. Information about the acceptance of the order for implementation is the Seller’s statement of acceptance of the offer referred to in §3 paragraph 5 above and upon its receipt by the Customer / Entrepreneur, a Sales Agreement is concluded.

7. After concluding the Sales Agreement, the Store confirms the terms and conditions to the Customer / Entrepreneur by sending them to the Customer / Entrepreneur’s e-mail address or in writing to the postal address provided by the Customer / Entrepreneur when placing the order.

8. If you choose the form of payment by bank transfer, the deadline for completing the order will be counted from the moment the funds for the Customer / Entrepreneur’s order are credited to the Store’s bank account.

9. The Store is liable to the Customer / Entrepreneur under the warranty law, regulated by the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) for a period of 24 months (in the case of new goods), or for a period of 12 months (for all used goods). A detailed description of the complaint procedure can be found in §6 of these regulations.

§4

Payments

1. The customer / entrepreneur has a choice of payment methods

• payment by bank transfer (prepayment).

2. Shipping prices are specified in the order summary.

3. The condition of delivering the goods is payment for the goods and shipment.

4. If you choose to pay by bank transfer, the amount due should be paid within 7 business days of confirmation of the order by the Store. Otherwise, the Store will cancel the order.

§5

Shipment of goods

1. The ordered goods are sent by the Store via Poczta Polska – Pocztex courier with the declared value for the full purchase amount and the option to check the content by courier. The shipping cost for the buyer is always 50 PLN, at a higher cost the surplus in the price is covered by the Store.

§6

Complaints

1. In the event of non-compliance of the goods with the contract, the Customer / Entrepreneur should return the advertised goods to the Store together with a description of the non-compliance. Shipping costs are covered by the customer/entrepreneur. Address to which the Customer / Entrepreneur should send the goods:

Magia Brylantow Katarzyna Kaluzny-Janus
Krakowskie Przedmiescie 62
00-322 Warszawa

2. The Store shall respond to the Customer / Entrepreneur’s complaint within 14 days of the return of the goods together with a description of the non-compliance.

3. When the implementation of a justified complaint involves sending a new product to the Customer / Entrepreneur or removing non-compliance, delivery costs shall be borne by the Store.

4. If the complaint is accepted, the Store returns the costs of shipping the goods to the Customer / Entrepreneur.

5. Each customer may use out-of-court complaint and redress methods. In this regard, it is possible for the client to use mediation. Lists of permanent mediators and existing mediation centers are made available and forwarded by the Presidents of relevant District Courts. More information on consumer dispute resolution can be found at: http://www.uokik.gov.pl/spory_konsumenckie.php

6. A model complaint form is attached as Annex 2 to the Regulations.

7. The Store is liable to the Customer / Entrepreneur on the basis of warranty rights, regulated by the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) for a period of 24 months (in the case of new goods), or for a period of 12 months (for all used goods).

8. The Customer / Entrepreneur, when a defect occurs, may request the Store (under the warranty right):

• exchange of goods for a new one;
• repair of goods;
• price reduction;
• withdrawal from the contract – if the defect is significant.

The store will respond to customer / entrepreneur requests within 14 days of receiving the request. The store will consider customer / entrepreneur requests, taking into account the following circumstances:

• ease and speed of replacing or repairing the goods;
• the nature of the defect – significant or irrelevant;
• whether the goods have been previously advertised.

9. The Store may refuse the request of the Customer / Entrepreneur to replace or repair the goods provided that the replacement or repair of the goods is impossible to implement (e.g. due to the discontinuation of the production of certain spare parts or the whole good), or in comparison with the second possible request , would require excessive costs (e.g., a request to replace the entire device with a new one if the damage concerns one low-value item.) In this case, the store will propose an alternative solution.

10. Any disputes arising from the Regulations or sales contracts may be settled by mediation (for more information, please visit:

https://uokik.gov.pl/wazne_adresy.php#faq595) or via the internet platform http://ec.europa.eu/consumers/odr/

§7

The right to withdraw from the contract

1. Pursuant to the Act on consumer rights of 30 May 2014, the Customer has the right to withdraw from the contract without giving a reason.

2. Withdrawal from the contract is effective if the Customer submits, within 14 days from the date of delivery of the goods, a statement of withdrawal from the contract. To meet the deadline, it is enough to make a statement before its expiry. The form of submitting the declaration may be any, e.g.

• the statement may be submitted on the form, an example of which is attached to the Act on consumer rights of 30 May 2014 (constituting Annex 1 to the regulations),
• by email to the address kontakt@magiabrylantow.pl
• by phone at: 500800165,
• by post to the following address:

Magia Brylantow Katarzyna Kaluzny-Janus
Krakowskie Przedmiescie 62
00-322 Warszawa

3. The customer returns the goods to the store within 14 days of submitting a statement of withdrawal from the contract at his own expense.

4. Within 3 business days of receiving the parcel, a Store employee will check the condition of the delivered product.

5. The store shall refund funds within 14 days of receiving the statement. The Store may withhold the reimbursement of payments received from the Customer until receipt of the item back or delivery by the Customer of a proof of sending it back, whichever occurs first.

6. The store returns funds using the same method of payment as used by the customer. In the case of payment by credit card, refunds are made to the card’s account.

7. If the Customer has chosen a method of delivery other than the cheapest offered by the Store, the Store will not refund the Customer the additional costs incurred by him. The store will refund only the cost of the cheapest delivery of the item to the customer.

8. The customer covers all direct costs of returning the item (eg packaging, security, shipping).

9. The Customer is not entitled to withdraw in cases of contracts:

• in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
• providing digital content that is not recorded on a tangible medium if the performance of the service began to be express Customer’s consent before the deadline to withdraw from the contract and after being informed by the Store about the loss of the right to withdraw from the contract;
• in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
• in which the subject of the service is a non-prefabricated item, manufactured according to the Customer’s specifications or serving to satisfy his individual needs;
• 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;
• on the provision of services, if the Store has rendered the service fully with the express consent of the Customer, who was informed before the commencement of the service that after the performance of the service by the Store he will lose the right to withdraw from the contract;
• in which the price or remuneration depends on fluctuations in the financial market over which the Store has no control and which may occur before the deadline to withdraw from the contract;
• in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
• in which the subject of the service are alcoholic beverages, the price of which has been agreed at the conclusion of the sales contract, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
• in which the Customer explicitly demanded that the Store send a representative to him for urgent repair or maintenance (if the Store provides additional services other than those requested by the Customer or provides items other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract the Customer is entitled in respect of additional services or items);
• delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
• concluded through a public auction;
• the provision of accommodation services other than for residential purposes, the carriage of goods, car rental, gastronomy, leisure services, entertainment, sports or cultural events, if the contract indicates the day or period of service provision.

10. The Entrepreneur is not entitled to withdraw from the contract without giving any reason.

11. The customer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.

§8

Customer / Entrepreneur Account

1. The Customer / Entrepreneur may set up an Account on the Store’s website that allows personalized shopping, view order history, view order status, change shipping data, access to promotions, and simplify the order process.

2. The Store does not charge any fees for maintaining a Customer / Entrepreneur Account.

3. The Customer / Entrepreneur may set up an Account by completing the appropriate interactive forms contained on the Store’s websites.

4. After completing the appropriate interactive forms on the Store’s websites, an email shall be sent to the e-mail address provided during registration with information about the next stages of the Account creation service:

• after verification of data, the Store sends to the e-mail address provided by the Customer / Entrepreneur information about the creation of a Customer / Entrepreneur Account. Information about creating an Account is the Seller’s statement about commencing the provision of the Account maintenance service.

5. Each Customer / Entrepreneur may at any time delete an Account, thus terminating the contract for the provision of an Account keeping service. Account deletion can be done:

• by sending an e-mail to the following address: kontakt@magiabrylantow.pl The e-mail should contain data enabling identification of the Account owner and information on the desire to terminate the contract,
• by contacting the phone number: 500800165,
• by contacting by post at:

Magia Brylantow Katarzyna Kaluzny-Janus
Krakowskie Przedmiescie 62
00-322 Warszawa

6. The Customer / Entrepreneur should keep the account password secret.

7. The Store may refuse registration if the data provided during registration raise justified doubts as to the truthfulness and reliability.

8. On the basis of the Act on consumer rights of 30 May 2014. The customer has the right to withdraw from the contract without giving a reason. The right to withdraw from the contract is effective if the Customer sends a statement of withdrawal from the contract within 14 days of creating the Customer Account. To meet the deadline, it is enough to make a statement before its expiry. The form of submitting the declaration may be any, e.g.

• the statement may be submitted on the form, an example of which is attached to the Act on consumer rights of 30 May 2014 (constituting Annex 1 to the regulations),
• by email to the following address: kontakt@magiabrylantow.pl
• by phone at: 500800165

The right to withdraw from the contract is not entitled if the Store is fully used the service has been explicitly agreed by the Customer (in particular: when the Customer has placed the order).

9. The agreement regarding the provision of the Account keeping service is indefinite, subject to the next sentence. The Customer / Entrepreneur may terminate the contract at any time by providing:

• by sending an e-mail to the following address: kontakt@magiabrylantow.pl The e-mail should contain data enabling identification of the Account owner and information on the desire to terminate the contract,
• by contacting the phone number: 500800165
• by contacting by post at:

Magia Brylantow Katarzyna Kaluzny-Janus
Krakowskie Przedmiescie 62
00-322 Warszawa

10. The agreement regarding the provision of the Account keeping service is terminated with immediate effect upon confirmation of the data by the Store.

11. In justified cases (e.g. gross violation of the provisions of the Regulations by the Customer / Entrepreneur), the Store may terminate the contract with notice, with a seven-day notice period.

§9

Intellectual property

1. It is prohibited to use any materials published on the Store’s website (including photos and descriptions of goods) without the Store’s written consent.

§10

Privacy Protection

1. By placing an order, the Customer / Entrepreneur agrees to the processing of his personal data solely for the purpose of completing the order / maintaining the customer’s account.

2. The processing of personal data takes place in accordance with the Act of August 29, 1997 on the protection of personal data (Journal of Laws of 2002 No. 101, item 926, as amended).

3. The Customer has the right to access their personal data and correct them, request to cease processing them and object to their processing.

§11

Technical measures

1. In order to use the Online Store, including browsing the range and placing orders for products, it is necessary:

a) end device (e.g. computer, tablet, smartphone) with access to the Internet and Internet browsers such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;

b) an active e-mail account;

c) Java scripts enabled;

d) acceptance of the use of cookies (required to place an order).

2. Technical requirements for reproducing digital publications or audiobooks are described individually for each good.

§12

Special provisions

1. In the scope of services provided electronically by the Store, these Regulations constitute the regulations for the provision of electronic services within the meaning of art. 8 clause 1 of the Act of July 18, 2002 on the provision of electronic services.

2. The types and scope of services provided electronically by the Store are as follows: – conclusion of online sales contracts – in the scope of goods sold by the Store,

– sending e-mails in which the Store confirms receipt of the order, the course of the order,

3. Procedure for concluding contracts for the provision of electronic services:

– in the scope of the on-line sales contract and the contract for the provision of e-mail sending services, in which the Store confirms receipt of the order, the course of the order, – are set out in paragraph 3 of the Regulations,

4. The conditions for terminating online sales contracts are set out in the applicable law.

§13

Entry into force and amendments to the Regulations

1. The Regulations enter into force on the day of publication on the Store’s website.

2. These Regulations may be changed.

3. Amendments to the Regulations will be published on the Store’s website.

4. Information about changes to the Regulations will be sent to the Customer / Entrepreneur who has an account on the Store’s website to the e-mail address provided in the account settings.

5. Amendments to the Regulations enter into force after 14 days from the date of their publication in the manner specified in para. 3.

6. The Store recognizes that the Customer / Entrepreneur having an account on the Store’s website has accepted the changes to the regulations, if he has not terminated the contract by the end of the period indicated in paragraph 5.

7. In matters not covered by the provisions of these Regulations, Polish law shall apply.

Annex No. 1

WITHDRAWAL FROM THE CONTRACT

(this form should be completed and returned only if you wish to withdraw from the contract)

Magia Brylantow Katarzyna Kaluzny-Janus
Krakowskie Przedmiescie 62
00-322 Warszawa
kontakt@magiabrylantow.pl

I ___________________________ hereby inform about my withdrawal from the contract of delivery of the following items: ______________________________________________________________

Date of conclusion of the contract / delivery: _____________________________________________________
Consumer Name and Surname: ______________________________________________________
Consumer Address: _______________________________________________________________

Consumer Signature *: _____________________________________________________________
* only if the form is sent in paper form

Date: ____________________________

Annex No. 2

COMPLAINT FORM

Magia Brylantow Katarzyna Kaluzny-Janus
Krakowskie Przedmiescie 62
00-322 Warszawa
kontakt@magiabrylantow.pl

I ___________________________ hereby inform about the detection of defects in the following products:

1. _________________________________________________

Date of defect detection: _______________________________________

Detailed description of the defects found: __________________________________________________

Date of conclusion of the contract / delivery: ____________________________________________________

Customer Name and Surname: ______________________________________________________

Customer address: _______________________________________________________________

Customer requests: exchange of a new product / repair of the product / reduction of the price / withdrawal from the contract – (if the defect is significant) *.

* delete as appropriate

Additional information:_________________________________________________

Consumer Signature **: _____________________________________________________________
** only if the form is sent in paper form

Date: __________________________________________________