KAJO Jewels Terms and Conditions
1. Opening information
The KAJO Jewels online store is available at www.kajo-jewels.com and is run by Creative Sp. z o.o. with its registered office in Warsaw, Poland 00-193 Stawki 4E/9, KRS 0000908019, REGON 389276628, NIP 5252867557
This Terms and Conditions document is addressed to Consumers and specifies the rules and procedure of a Distance Selling Agreement between the Consumer and the Store.
1.The Consumer – a physical person concluding an agreement with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
2. The Seller – Creative Sp. z o.o. with its registered office in Warsaw, Poland 00-193 Stawki 4E/9, KRS 0000908019, REGON 389276628, NIP 5252867557
3. The Customer/ The Client – any entity making purchases via the Store.
4. Store/ Online Shop – online store run by the Seller at www.kajo-jewels.com
5. Contract concluded at a distance – the contract concluded with the Client as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication.
6. Terms and Regulations – these Regulations of the Store.
7. Order – Customer’s declaration of intent submitted via the Order Form and aimed directly at the conclusion of the Product Sales Agreement or Products with the Seller.
8. Account – customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store.
9. Cart – an element of the Store’s software in which the Products selected for purchase are shown by the Customer, and it is also possible to determine and modify the given Order, in particular the quantity of products.
10. Product – a movable item available in the Store / a service being the subject of the Sales Agreement between the Customer and the Seller.
11. Sales Agreement – Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.
3. Contacting the Store
1. E-mail adress of the store: [email protected]
2. Contact number: +48 737 321 013
3. The Customer may communicate with the Seller using the e-mail adress and telephone number provided in this section. The Customer can communicate by phone with the Seller on business days between 9 am and 4 pm.
4. General Information
1. The Seller, in the widest extent permitted by law, is not responsible for disruptions in the functioning of the Store caused by force majeure, unlawful activities of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
2. Browsing the Store’s product selection can be done without creating an Account. Placing orders by the Customer for Products included in the Store’s assortment is possible either after creating an Account in accordance with the provisions of Section 5 of the Terms and Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
3. Prices given in the store are given in Polish zloty (PLN) or euro (EUR). The seller uses the VAT exemption and the goods sold are exempt from VAT.
4. The final amount to be paid by the Customer consists of the given price for the Product and the cost of delivery (including fees for transport, delivery and postal services), of which the Customer is informed on the Store’s pages while placing the Order.
5. Account Terms
1. To set up an Account in the Store, the registration form needs to be filled in and submitted. Setting up an account in our store is free of charge.
2. Logging into the Account is done using the login and the password, which were set up during the registration.
3. The Customer may at any time, without giving any reason and without incurring any fees, remove the Account by sending a relevant request to the Seller, in particular via electronic mail.
6. Placing an order
In order to place an Order the following steps shall be completed:
1. log in into the Store (optional);
2. select the Product that is the subject of the Order, and then click the “Add to cart” button;
3. log in or use the option of placing an Order without registration;
4. if you have chosen to place an Order without registration – fill out the Order Form by entering the details of the order recipient and the address to which the Product delivery is to be made, choose the type of shipment (method of delivery of the Product), enter the invoice data if different from the recipient’s data;
5. click the “Purchase and pay” button;
6. choose one of the available payment methods and depending on the method of payment, pay for the order within a certain time.
7. Delivery and payment
1. The Customer may choose from the following methods of delivery of the ordered Product (subject to availability):
1a. Post parcel,
1b. Courier shipment,
2.Transaction payments can be made by credit card, mobile payment, online transfer and e-transfer via:
a. Dotpay Sp. z o.o. Terms and Condition for making payments via Dotpay can be found at: https://ssl.dotpay.pl/files/regulamin_dotpay_sa_dokonywania_wplat_w_serwisie_dotpay.pdf
c. Twisto Sp. z o.o. and ING Bank Śląski SA (in regards to payment via “iMoje” gateway)
3. Detailed information for shipping methods can be found at Shipping & Delivery site
8. Sales contract
1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with Section 6 of the Terms and Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation will take place by sending an e-mail to the Customers’ address provided at the time of placing the Order. This e-mail 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. Upon recieving of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3. The Customer is obliged to make the payment within 30 minutes from the day of concluding the Sale Agreement – otherwise the order will be canceled.
4. The product will be sent by the Seller within the time specified in its description (subject to point 5 of this section), in the manner chosen by the Customer when placing the Order.
5. If the ordered Products have different delivery times, the final delivery date is the longest given date.
6. The beginning of the delivery of the Product to the Customer counts as follows:
6a. If the Customer chooses the electronic payment method or card payment – from the date of crediting the Seller’s bank account.
7. Product delivery takes place all over the world (within the availability of postal services).
8. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The delivery costs of the Product (including charges for transport, delivery and postal services) are indicated on the Online Store pages and during placing the Order.
9. The Customer will receive an invoice for each order placed.
10. The Customer agrees to receive electronic invoices in accordance with § 3 of the Regulation of the
Finance Ministry from December 17, 2010 on sending invoices in electronic form, their rules storage and mode of making available to the tax authority or tax inspection authority (Journal of Laws No. 249, Pos. 1661)
11. The invoice is available for download on store’s website www.kajo-jewels.com in the client’s panel in the “Orders” tab
9. The right to withdraw from the contract
1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period of time specified in paragraph 1 begins with the delivery of the Product to the Consumer or a another person designated by him.
3. In the case of the Agreement, which consists of regular delivery of Products for a specified period of time (subscription), the date specified in paragraph 1 runs from taking possession of the first item.
4. The Consumer may withdraw from the Agreement by submitting to the Seller a statement on withdrawal from the Agreement. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of that period.
5. The statement may be sent by traditional mail, fax or e-mail by sending a statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in Section 3.
6. In the event of sending a statement by the Consumer electronically, the Seller shall immediately send back the confirmation of receipt of the statement on withdrawal from the Agreement provided by the Consumer.
7. Effects of withdrawal from the Agreement:
7a. In the event of withdrawal from the Contract concluded remotely, the Agreement shall be considered void.
7b. In the event of withdrawal from the Agreement, the Seller shall promptly, not later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, refund all payments made by him, including the cost of delivering the item, except for additional costs resulting from the method of delivery chosen by the Consumer which if it was other than the cheapest method.
7c. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution, which will not entail any costs for him.
7d. The Seller may withhold the refund of the payment until receiving the Product back or until it has been provided with proof of its return, depending on which event occurs first.
7e. The consumer should return the Product to the address of the Seller specified in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be respected if the Consumer returns the Product before the expiry of the 14-day period.
7f. The consumer bears direct costs of returning the Product, including the cost of returning the Product, if due to its nature, the Product could not be sent back by regular mail.
7g. The consumer is only liable for a decrease in the value of the Product resulting from the use of it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
10. Complaint and warranty
1. The Sale of New Products is covered by the Sale Agreement.
2. In the event of a defect of purchased goods, the Customer has the right to make a complaint based on the provisions regarding the warranty in the Civil Code.
3. Any complaints should be reported in writing or electronically to the addresses of the Seller given in these Terms and Regulations or using the electronic complaint form, made available by the Seller on one of the subpages of the Store.
4. It is recommended that the complaint include concise description of the defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in relation to the defect of the good.
5. The Seller will respond to the claim immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s request was considered justified.
6. Goods sent as part of the complaint procedure should be sent to the address given in Section 3 of these Terms and Regulations.
11. Out-of-court ways of handling complaints
1. Detailed information on the Consumer’s use of out-of-court complaint methods as well as rules on access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Trade Inspectorate and the following websites of the Office of Competition and Consumer Protection: UOKIK Consumer Complaints (PL); UOKIK Individual Cases (PL) and UOKIK Important Addresses (PL).
2. The consumer has the following possibilities to use non-judicial means of dealing with complaints:
2a. The consumer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148 with subsequent amendments), with a request to settle a dispute arising from the Contract concluded with the Seller.
2b. The consumer is entitled to apply to the provincial inspector of Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
2c. The consumer can get free assistance in settling the dispute between him and the Seller, also using the free help of the municipal consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).
1. The administrator of personal data of Customers collected via the Online Store is the Seller.
2. Customers’ personal data collected by the administrator via the Online Store is collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
3. The recipients of personal data of the Online Store customers may be:
3a. In the case of the Customer who requests the delivery by post or courier, the Administrator provides the Customer’s personal data to a selected carrier or post handler performing the shipment at the request of the Administrator.
3b. In the case of a Customer who uses the electronic payments or card payment, the Administrator provides the personal data of the Customer to the selected entity servicing the above payments in the Online Store.
4. The customer has the right to access their data and correct them.
5. Providing personal data is voluntary, but failure to provide the personal data specified in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.
13. Closing information
1. Contracts concluded through the Online Store are concluded in Polish and English.
2. Seller reserves the right to make changes to the Terms and Regulations for important reasons, it is: changes in the law, changes in methods of payment and delivery – to the extent to which these changes affect the implementation of the provisions of these Terms and Regulations.
3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; Consumer Rights Act, the Act on the Protection of Personal Data.
4. The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, he may file a complaint via the EU ODR online platform available here.