Terms of service HARIETS.COM
This regulation defines the rules for conducting sales through the online store operated using the website www.hariets.com.
DEFINITIONS §1
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Online store, store - a website under the domain Hariets.com through which the Seller conducts online sales and provides free services.
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Seller - HARIETS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, headquartered in Warsaw at ul. Swarzewska 58/3, 01-821 Warsaw, with tax identification number (NIP) 1133071778, REGON: 523131556, entered in the National Court Register (KRS) under number: 0000991354.
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Customer - a natural or legal person or an organizational unit without legal personality using the online store, including a person for whom an account has been created and who makes purchases through the website of the online store moissanit.pl, under the rules specified in this Regulations.
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Regulations - this document specifying the rules of sale and conditions for the provision of free services.
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Consumer - a natural person using the store for purposes not directly related to their business or professional activity.
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Goods, assortment - items offered within the store.
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Customer Account - a place on the website where the Customer can edit their data, view order history, register a design, and submit a complaint. Access to the Customer Account is possible after entering the received login and password.
TERMS OF USE OF THE STORE
§1 Consumers making purchases within the store are subject to the provisions of the Act of May 30, 2014, on consumer rights (Journal of Laws of June 24, 2014). Orders placed in the store are fulfilled only within the territory of the European Union. To use the store properly, the Customer must use a device with the following minimum specifications: a computer or mobile device with a web browser supporting the HTML5 and CSS3 standards correctly. The costs of internet connection to the store are determined by the operators of the services used by the Customer. The Seller's contact details, under which the Customer can quickly and efficiently contact the entrepreneur, are indicated below. The address for submitting complaints is indicated in
§6 of the regulations.:
Contact details:
Email: sklep@moissanit.pl
Phone: +48 531 519 160
or in writing:
HARIETS Sp. z o. o. ul. Swarzewska 58 lok.3 01-821 Warsaw
RULES OF USING THE STORE
§1 Using the store requires prior provision of necessary data. During registration, the Customer is obliged to provide personal data as requested. Refusal to provide necessary data, i.e., data required for the proper performance of the contract, prevents the conclusion of the contract. Browsing the store's assortment is done using the store tabs. For each product, after specifying its parameters, information about the availability of the goods is provided. In case of doubt, it is assumed that the prices stated in the store are gross prices. Prices stated for a given product do not include the cost of its delivery unless otherwise stated in the product description. The delivery costs of the goods are presented to the Customer after the order has been completed by them and when they proceed to place the order. The Seller has the right to refuse to fulfill an order placed by the Customer in the following situations:
a) The Customer provided false data, or the data provided by the Customer makes it impossible to fulfill the order,
b) The Customer is a debtor of the Seller for any reason, the receivable is due, and has not been settled,
c) The Customer violates the rights of the Seller or third parties, in particular violates their personal rights,
d) The Customer uses the store to commit an offense or crime, or their behavior is inconsistent with the principles of social coexistence or constitutes an abuse of law contrary to its socio-economic purpose,
e) The Customer interferes with the operation of the store without prior written consent from the Seller,
f) Sharing login and password with third parties,
g) The Customer violates the provisions of the regulations,
h) The Customer has failed to collect previously ordered goods twice.
1.1. The evidence of the conclusion of the contract issued by the Seller on a durable medium is a VAT invoice or a fiscal receipt.
1.2 The Customer may use the store and make purchases after previously setting up a Customer Account. The Customer Account allows for making multiple purchases without the need to enter data necessary for making purchases each time. When setting up a Customer Account, the Customer receives a unique password assigned to the login defined by them. The Customer is obliged to keep their login and individual password secret and to secure them against access by third parties. The store is not liable for the use of the user's login and password resulting from improper access protection. The maintenance of the Customer Account is provided free of charge and for an indefinite period. The Customer may close the account at any time. The Seller is entitled to block the Customer Account in the situations described in paragraph 5 of this section. If there are any outstanding orders of the Customer at that time, they are canceled, and if the Customer has already made payments for them, the Seller will refund the amounts paid. Purchases can also be made without the need to create a Customer Account. In such a situation, the Customer is obliged to provide the required data each time.
PLACING ORDERS
§1 Orders are placed by selecting the appropriate options available in the store. After completing the order, the Customer is informed about the transportation costs. Payment for the goods is made in one of the following ways:
a) traditional bank transfer,
b) via payment services provided by external providers. The entity providing online payment processing for instant transfers is Autopay S.A. Supported types of payment cards: Visa, Visa Electron, Maestro, MasterCard, MasterCard Electronic.
c) PayPo
d) Inbank installments
e) GooglePay/ApplePay
Payment is considered made: a) in the case of a bank transfer payment – upon receipt of payment to the Seller's account, b) in the case of payment via payment services provided by external providers (Autopay S.A.) – The order processing time is counted from the moment of obtaining positive payment authorization. The payment deadline is 48 hours from the time of placing the order, unless the chosen purchase option specifies otherwise. After this period, the order is canceled. The order is processed after payment has been made and the order has been confirmed by the store. In the event that the payment systems operator referred to in paragraph 3(b) of this section informs about its withdrawal or otherwise indicates any irregularities regarding payment, the processing time does not run until the situation is clarified. In case the order cannot be fulfilled for any reason, the Seller immediately informs the Customer about it. Within 48 hours, the Customer decides whether to order another product, wait for the obstacle preventing the fulfillment of the original order to be removed, or withdraw from the contract. In case of the Customer's passive attitude, the contract is terminated. In case of withdrawal from the contract, any amounts paid by the Customer are promptly refunded. The order is processed within the time indicated when placing the order. The deadlines are given in working days. This term is specified by the final acceptance of the order by the Customer. In the case of products marked with an approximate delivery time of 30 days (working days), the Seller is not liable for delays resulting from the import of stones for an additional 30 days (a total of 60 days). The Seller is obliged to inform the Customer about any delays via email or phone, using the contact information provided when placing the order. For goods marked as "promotion," "clearance," or other equivalent terms, the order of their fulfillment is determined by the order of receipt of orders and funds to cover them. The quantity of goods covered by the aforementioned actions is limited. The contract is concluded upon the simultaneous fulfillment of the following conditions: providing necessary data by the Customer, acceptance of the terms and conditions, and clicking the "order with payment obligation" button, making the payment, and confirmation by the Seller of the conclusion of the contract by sending an email to the address provided by the Customer. The Seller provides the possibility of price negotiation by the Customer. In such a situation, the contract is concluded at the moment when the Customer and the Seller submit identical statements regarding the price of the goods. In the case of orders for individual jewelry designs, made based on photos sent by the Ordering Party and executed in accordance with the art of jewelry making, the moissanit.pl store is not responsible for the construction of this jewelry and has the right to refuse its repair in case of damage by the Customer. Furthermore, with each such project, the Customer is always informed about any potential risks associated with the use of this type of jewelry, which the Customer fully accepts. The Customer is aware that each piece of jewelry available in the store is handmade, and therefore may have slight differences compared to the presented model, although small enough not to affect the overall outline of the ring (up to 1mm.)
DESIGNING
§1 SERVICE SCOPE:
1.1. Jewelry design involves creating unique designs of rings, earrings, bracelets, necklaces, and other products according to the Client's wishes.
1.2. The execution of the project depends on the availability of materials and technical feasibility. In case of unavailability of specific materials, the Client will be informed.
§2 CREATING WITH US - UNIQUE DESIGN PROCESS:
2.1. By expressing their expectations regarding a custom jewelry project, the Client is obligated to provide as precise information as possible regarding their preferences.
2.2. A preliminary estimate of the project is presented to the Client before work begins. Making changes to the project may affect the final price.
§3 EXECUTION CONDITIONS:
3.1. The project execution will commence upon the Client's acceptance and payment of the preliminary estimate and after all essential project details have been established.
3.2. The project completion time may vary depending on its complexity and the availability of materials. The Client will be informed of the estimated completion time.
3.3. The Client will receive the project for approval at their email address. The Client is entitled to one revision of the project. In case of multiple revisions depending on their complexity, additional costs for a new project ranging from 150-300 PLN will be added to the preliminary estimate.
§4 RETURNS AND COMPLAINTS:
4.1. Due to the individual nature of the project, custom-made jewelry is not eligible for returns or exchanges.
4.2. Complaints regarding the project execution will be considered individually, taking into account the Client's reported concerns.
§5 COPYRIGHTS:
5.1. All copyrights to the designed jewelry belong to the Hariets.com Store.
5.2. By agreeing to the execution of the project by the HARIETS.com Store, the Client also agrees to the use of the jewelry project for their own purposes, including commercial purposes.
DELIVERY
§1 Delivery is carried out by one of the options proposed during the order placement and selected by the Client, namely:
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courier service provided by DPD Polska Sp. z o.o. with headquarters in Warsaw at ul. Mineralna 15 (02-274),
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courier service provided by Inpost Sp. z o. o. with headquarters in Warsaw at ul. Cybernetyki 10 (02-677),
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personal pickup at the office in Warsaw at ul. Swarzewskiej 58 lok.3 (01-821). The cost of delivery is provided before the final acceptance of the order by the Client. In the event that the goods are returned to the Seller due to: a) Providing incorrect address details, b) Non-collection of the shipment by the Client, c) Any other reason attributable to the Client The Seller has the right to charge the Client with all costs associated with such a situation, especially the costs of resending the goods. In case of any irregularities in the condition of the shipment, especially its external damage, the Client should draw up a protocol with the courier containing information about the irregularities in the condition of the shipment. If these irregularities are noticed after the delivery of the shipment, the Client should notify the courier thereof and demand the protocol to be drawn up. The Client acknowledges that failure to fulfill the above obligation may result in the refusal to recognize their warranty claims directed to the Seller.
CLAIMS AND WARRANTY
§1 The Seller is obligated to deliver defect-free goods consistent with their description presented in the store. In the event that the sold goods may differ from those presented in the store, the Seller informs about it. The Seller provides a warranty for the sold goods only if a warranty document is issued along with the goods. The warranty terms are described each time in the warranty document. Exercising rights under the warranty does not exclude, limit, or suspend the Customer's rights arising from the provisions on the warranty for defects in the sold item. The store www.hariets.com provides a lifetime warranty on moissanite stones above 3mm based on the Certificate of HARIETS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ. The lifetime warranty on the stone does not cover scratches and damages to the stone in the following cases:
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hitting the stone with a hammer,
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scratching the moissanite with a diamond or another moissanite,
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scratching with sandpaper. In these cases, the warranty does not cover the stone; therefore, the claim will not be recognized. The warranty does not cover mechanical damage to the product. The warranty does not cover jewelry made according to the individual design of the Ordering Party. Silver jewelry undergoes a natural oxidation process, which is not a product defect and is not subject to complaint. Gold-plated silver jewelry undergoes a natural abrasion process, which is not a product defect and is not subject to complaint. Claims should be submitted to the address sklep@moissanit.pl The submission of a claim is confirmed by the Seller by sending an email to the Customer. Claims are handled within 14 days from the date of receipt. The Customer is informed about the method of handling the claim by email. In accordance with the provision of art. 5612 §1 of the Civil Code, the Customer exercising rights under the warranty is obliged, at the expense of the Seller, to deliver the defective item to the place designated by the Seller. In this case, it is: HARIETS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ Warsaw, ul. Swarzewska 58 lok.3 (01-821).
RIGHT OF WITHDRAWAL FROM THE AGREEMENT (APPLIES TO CONSUMERS)
The provisions of this clause apply exclusively to consumers, for whom the right to withdraw from the agreement without giving any reason has been precisely described in the attached Annex No. 1 to the Act of May 30, 2014, on consumer rights. In the context of online stores, consumer rights are regulated as described below:
§1 Right of withdrawal from the agreement: As a consumer, you have the right to withdraw from this agreement within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, please inform the Seller by sending a clear statement via email to: sklep@moissanit.pl. Please return the goods via any courier company to the following address: HARIETS Sp. z o.o. ul. Swarzewska 58 lok.3, 01-821 Warszawa. Parcels returned/claimed via Polish Post will not be accepted. Return form is available for printing at the following link.
§2
Consequences of withdrawal from the agreement: In the event of withdrawal from this agreement, we will refund to you all payments received from you immediately and in any case no later than 14 days from the day on which the product is returned to us along with the original receipt or VAT invoice. The cost of returning the goods is covered by the Buyer. The Seller will refund the payment using the same method of payment that the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise; in any event, the consumer will not incur any fees as a result of such reimbursement. In the event of a refund for a transaction made by the customer with a payment card, the seller will refund the amount to the bank account associated with the customer's payment card. The store www.hariets.com is not responsible for incorrectly provided bank account numbers by the Buyer.
§3
The return or exchange applies to goods that: a. show no signs of use; b. have not been damaged in any way; c. are in the original and undamaged packaging along with the Certificate.
§4
The right to withdraw or exchange the goods, as mentioned above, does not apply to the following agreements: for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that upon performance of the service by the entrepreneur, they 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 entrepreneur has no control, and which may occur before the expiry of the withdrawal period from the contract; in which the subject matter of the service is a non-prefabricated item, made to the consumer's specifications or serving to satisfy their individual needs (e.g., customized size, made of higher-grade metal, etc.); In which the item has been made to the consumer's specifications. This applies to unavailable sizes in the store, as well as products made of gold and gold-plated ones. All gold items and silver items in 24k gold-plated version are made to order and are not subject to the right of return. The right of withdrawal does not apply to products marked on the website as "MADE TO ORDER - NON-REFUNDABLE". The right of withdrawal does not apply in the case of delayed order fulfillment by the Seller, for products marked in the store with a delivery time of approx. 30 days up to a maximum of 60 days from the day of payment by the Buyer, resulting from delays in the importation of stones. After this time, the Customer has the right to withdraw.
§5
The right to change or cancel an order placed on the website www.hariets.com or in person at the office located at Swarzewskiej 58, lok. 3, 01-821 in Warsaw:
The customer has the right to change or cancel their order free of charge within 24 hours from the moment of placing it. In this case, they must contact the store employee directly at the number +48 531 519 160 or via email: sklep@moissanit.pl or through the contact form on the website www.hariets.com. After this time, it is not possible to change or cancel the order.
The customer is not entitled to free modification or cancellation of the order if they receive a notification of its shipment before the expiry of 24 hours. In such a situation, they may, however, exercise the right of return or exchange, according to the conditions described in the "Right of withdrawal from the contract" section in the Moissanit.pl Store Regulations, points from §1 to §4. These limitations do not apply to gold products, which are not subject to exchange or return, as well as to selected products marked as "MADE-TO-ORDER PRODUCT - NON-REFUNDABLE".
In the event of placing an order, the customer is obliged to make payment within 48 hours from the moment of placing the order. Otherwise, we reserve the right to cancel the order.
PERSONAL DATA
The seller declares that all personal data obtained within the online store are subject to protection.
The data controller is the Seller.