Store regulations

REGULATIONS OF THE ONLINE STORE

breathemejewelry.com

CONTENTS:

1. GENERAL PROVISIONS

2. ELECTRONIC SERVICES IN THE ONLINE STORE

3. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

5. COST, METHODS AND DATE OF COLLECTION OF THE PRODUCT

6. COMPLAINT HANDLING PROCEDURE

7. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

8. RIGHT TO WITHDRAW FROM THE CONTRACT

9. PROVISIONS APPLICABLE TO ENTREPRENEURS

10. PRODUCT OPINIONS
11. ILLEGAL CONTENT AND OTHER CONTENT IN COMPLIANCE WITH THE REGULATIONS

12. FINAL PROVISIONS

13. SAMPLE WITHDRAWAL FORM

These Online Store Regulations were prepared by the lawyers of Prokonsumencki.pl . The breathemejewelry.com online store cares about consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. Contract provisions that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory legal provisions, and any possible doubts should be resolved to the benefit of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail and shall be applied.

1. GENERAL PROVISIONS

1.1. The online store available at Breathemejewelry.com is run by Emil Czopiński conducting business activity at Breathe Emil Czopiński 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 the place of performance: Ogrodowa 17 21-560 Międzyrzec Podlaski and address for service : ul. Janinówka 9/198, 03-562 Warsaw, NIP 5372204919, REGON 060503326, e-mail address: Breathemejewelry@gmail.com , telephone number: 500789204.

1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless the provisions of the Regulations provide otherwise.

1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for purposes for the period and based on the basics and principles indicated in the privacy policy published on the website of the Online Store. The Privacy Policy contains primarily the rules for the processing of personal data by the Administrator in the Online Store, including basics, goals and period of processing of personal data as well as the rights of data subjects, as well as information in the use of cookies and analytical tools in the online store. Using the online store, including shopping, is voluntary. Similarly related to this provision of personal data by the User of the Service Store or Customer is voluntary, subject to the exceptions indicated in the Privacy Policy (conclusion of the contract and statutory obligations of the seller).

1.4. Definitions:

1.4.1. Business Day - one day from Monday to Friday, excluding public holidays.

1.4.2. Registration form - the form is available in the online store enabling the creation of an account.

1.4.3. Order form - an electronic service, an interactive form available in an online store enabling placing an order, in particular by adding products to an electronic basket and determining the terms of the sales contract, including delivery and payment.

1.4.4. Customer - (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the Act grants legal capacity - which has concluded or intends to conclude a sales contract with the seller.

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

1.4.6. Account - an electronic service, marked with an individual name (login) and a slogan given by the Customer, a collection of resources in the Service Provider's ICT system, in which the data provided by the Service Recipient and information about the orders he placed in the online store.

1.4.7. Newsletter-an electronic service, electronic distribution service provided by the Service Provider via e-mail e-mail, which allows all using it to the service recipients to automatically receive cyclical content from the service providers of subsequent editions of the newsletter containing information about products, news and promotions in the online store.

1.4.8. Product - a movable item available in the online store, which is the subject of a sales contract between the customer and the seller.

1.4.9. Regulations - these Online Store Regulations.

1.4.10. Online Store - Service Provider's online store available at the internet address: https://breathemejewelry.com/.

1.4.11. SELLER; Service Provider-Emil Czopiński conducting business activity under Breathe Emil Czopiński entered in the Central Register and Information on the Economic Activity of the Republic of Poland kept by the Minister competent for economy, having: address of the place of conducting activities of Ogrodowa 17 21-560 Międzyrzec Podlaski and address for service : ul . Janinówka 9/198, 03-562 Warsaw, NIP 5372204919, REGON 060503326, e-mail address: kontakt@breathemejewelry.com , telephone number: 500789204.

1.4.12. Sales contract - a product sales contract concluded or concluded between the customer and the seller via the Online Store.

1.4.13. Electronic service - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.

1.4.14. Service Recipient - (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the Act grants legal capacity - a use or intended to use the electronic service.

1.4.15. Consumer Rights Act - Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827, as amended)

1.4.16. Order - a statement of the customer's will made using the order form and aiming directly to conclude the Product Sale Agreement with the Seller.

1.4.17. Act on digital services, files - Regulation of the European Parliament and of the Council (EU) 2022/2065 of 19 October 2022 on the single market of digital services and amendments to Directive 2000/13/EC (act on digital services) (Journal of Laws L 277 from 27.10.2022, pp. 1-102).

1.4.18. Illegal content - information that in itself or by reference to action, including the sale of products or the provision of electronic services, is not in line with European Union law or with the law of any Member State, which is in line with European Union law, regardless of the specific subject or the nature of this right.

2. Electronic services in the online store

2.1. The following electronic services are available in the online store: account, order form and newsletter.

2.1.1. Account - use of the account is possible after taking a total of three consecutive steps by the Service Recipient - (1) completing the registration form, (2) clicking the "Create account" field and (3) confirmation of the desire to create an account by clicking on the link confirming the automatically sent to the address provided to the address provided e -mail. In the registration form, it is necessary for the Customer to provide the Service Recipient's following data: name and surname/company name, address (street, house/apartment number, postal code, town, country), e -mail address, contact telephone number and password. In the case of recipients who are not consumers, it is also necessary to provide the company name and NIP number.

2.1.1.1. The electronic account service is provided free of charge for an indefinite period. The Service Recipient has, at any time and without giving a reason, deleting the account (resignation from the account) by sending an appropriate request to the Service Provider, in particular via e -mail to the following address: kontakt@breathemejewelry.com or also to the address: ul. Janinówka 9/198 03-562 Warsaw.

2.1.2. Order form - the use of the order form begins with the moment the customer adds the first product to the electronic basket in the online store. The order is placed after the Customer takes a total of two subsequent steps - (1) after completing the order form and (2) clicking on the Online Store website after completing the order form "confirm the purchase" - until then it is possible to modify the entered data yourself (including The purpose should be guided by the displayed messages and information available on the online store's 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/apartment number, postal code, town, country), e -mail address, contact phone number and data on the sales contract: Product/y, Product number, place and method of product delivery, payment method. In the case of customers who are not consumers, it is also necessary to provide the company name and NIP number.

2.1.2.1. The electronic service of the order form is provided free of charge and is one -off nature and is completed when the order is placed via it or when the order was discontinued earlier by the Service Recipient.

2.1.3. Newsletter - the use of the newsletter takes place after providing in the "Newsletter" tab visible on the online store's website e -mail address, to which subsequent editions of the newsletter are to be sent and clicking the "Sign up" field. You can also sign up for the newsletter by selecting the appropriate checkbox when creating the account - upon creating the account, the Customer is saved to the newsletter.

2.1.3.1. The Newsletter electronic service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, unsubscribing from the newsletter (giving up the newsletter) by sending an appropriate request to the service provider, in particular via e -mail to the address: kontakt@breathemejewelry.com or also in writing to the following address: ul. Janinówka 9/198 03-562 Warsaw.

2.2. 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 e -mail; (3) Internet browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024 × 768; (5) Turning on the web browser the ability to save cookies and JavaScript support.

2.3. 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 copyright and intellectual property of the service provider and third parties. The recipient is obliged to enter data in accordance with the facts. The recipient is prohibited from providing unlawful content.

2.4. The procedure for complaints regarding electronic services is indicated in point 6. Regulations.

3. Conditions for concluding a sales contract

3.1. The conclusion of the sales contract between the Customer and the Seller takes place after the Customer has been submitted by the Customer using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.

3.2. The price of the product shown on the online store's website is given in Polish zlotys and contains taxes. With a total price, including the taxes of the product being the subject of the contract, as well as about delivery costs (including fees for transport, delivery and postal services) and about other costs, and when you cannot determine the amount of these fees - about the obligation to pay them, the customer is informed On the online store's pages while placing the order, including at the time of the customer expresses the will to bind a sales contract.

3.3. The procedure for concluding a sales contract in the online store using the order form

3.3.1. The conclusion of the sales contract between the Customer and the Seller takes place after the Customer plays an order in the online store in accordance with point 2.1.2 of the Regulations.

3.3.2. After placing the order, the Seller immediately confirms its receipt and at the same time accepts the order for implementation. Confirmation of receipt of the order and its acceptance is made by sending by the Seller to the Customer's relevant e-mail to the customer's e-mail address provided during the order, which contains at least the Seller's declaration of receipt of the Order and his acceptance for implementation and confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a sales contract is concluded between the customer and the seller.

3.4. The consolidation, security and provision of the content of the concluded Sales Agreement to the Customer takes place through (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 contract is additionally fixed and secured in the Seller's online store.

4. Ways and dates of payment for the product

4.1. The seller provides the Customer with the following payment methods under the Sales Agreement:

4.1.1. Payment by bank transfer to the seller's bank account.

4.1.3. Electronic payments and payment by payment card via the Przelewy 24 website - Possible current payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website https://www.przelewywy24.pl/

4.1.3.1. Settlements of transactions with electronic payments and a payment card are carried out in accordance with the customer's selection via the website https://www.przelewy24.pl/ Service of electronic payments and a payment card:

4.1.3.1.1. Przelewy24.pl-Spółka Akcyjna PayPro with its registered office in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), entered in the register of entrepreneurs of the National Court Register under number 0000347935, registration files stored by the Poznań District Court-Nowe Miasto and Wilda in Poznań; Share capital in the amount of PLN 4,737,100.00 fully paid; NIP: 7792369887

4.2. Maturity:

4.2.1. If the Customer is selected by bank transfer, electronic payments or payment by a payment card, the Customer is obliged to make payments within 2 calendar days from the date of the Sales Agreement.

5. Cost, methods and date of product delivery

5.1. Product delivery is available on the territory of the Republic of Poland.

5.2. Product delivery to the customer is payable, unless the sales contract provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the online store in the information tab regarding delivery costs and when placing the order, including at the time of the customer expresses the will to bind the sales contract.

5.3. The seller provides the Customer with the following methods of delivery of the product:

5.3.1. InPost courier or parcel machines.

5.4. The product delivery date to the customer is up to 7 business days, unless a shorter date is given in the description of the 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 7 business days. The beginning of the product delivery period to the customer is as important as the following ways:

5.4.1. If the Customer is selected by bank transfer, electronic payments or a payment card - from the date of recognition of the bank account or settlement account of the Seller.

5.4.2. If the Customer is selected by bank transfer, electronic payments or a payment card - from the date of recognition of the bank account or settlement account of the Seller.

6. Procedure for considering complaints

6.1. This item 6 of the Regulations specify the procedure for considering complaints common to all complaints submitted to the Seller, in particular complaints regarding products, sales contracts, electronic services and other complaints related to the actions of the seller or the online store.

6.2.          The basis and scope of liability are specified in generally applicable law, in particular in the Civil Code, the Consumer Rights Act and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended) .

6.2.1. Detailed provisions regarding the complaint of the product - movable items - purchased by the Customer on the basis of a sales contract concluded with the Seller by 31 December 2022 are determined by the provisions of the Civil Code in the version applicable until 31 December 2022, in particular art. 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the seller's liability to the customer if the sold product has a physical or legal defect (warranty). The seller is obliged to provide the customer with a product without defects. Pursuant to art. 558 § 1 of the Civil Code, the seller's liability under the warranty for the product purchased in accordance with the previous sentence against the customer who is not a consumer is excluded.

6.2.2. Detailed provisions regarding the complaint of the product - movable items (including movable items with digital elements), but excluding a movable item, which only serves as a carrier of digital content - purchased by the customer on the basis of a sales contract concluded with the Seller from 1 January 2023 . define the provisions of the Act on consumer rights in the wording in force from 1 January 2023, in particular art. 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the seller's liability to the consumer, in the absence of compliance of the product with the sales contract.

6.2.3. Detailed provisions regarding the complaint of the product - content or digital service or movable item, which only serves as a carrier of digital content - purchased by the Customer on the basis of a sales contract concluded with the Seller from 1 January 2023 . or before that day, if the delivery of such a product was to take place or occurred after that day is determined by the provisions of the Consumer Rights Act in the wording in force from 1 January 2023, in particular art. 43h - 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the seller's liability to the consumer, in the absence of the product's compliance with the sales contract.

6.3. The complaint can be submitted, for example:

6.3.1. in writing to the following address: ul. Janinówka 9/198, 03-562 Warsaw

6.3.2. in electronic form via e -mail to: kontakt@breathemejewelry.com

6.4. The message or return of the product as part of the complaint may take place to the following address: ul. Janinówka 9/198, 03-562 Warsaw

6.5. It is recommended to provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities or lack of compliance with the contract; (2) a request to bring to compliance with the contract or a declaration of price reduction or withdrawal from the contract or other claim; and (3) contact details submitting the complaint - this will facilitate and accelerate the consideration of the complaint. The requirements given in the previous sentence only have the form of recommendations and do not affect the effectiveness of complaints submitted, bypassing the recommended description of the complaint.

6.6. In the event of a change in the contact details provided by the complaint, during consideration of the complaint, he is obliged to notify the seller of it.

6.7. Evidence (e.g. photos, documents or product) related to the subject of the complaint may be attached to the complaint. The seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if it facilitates and accelerates the recipient of the complaint by the seller.

6.8. The seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.

An example of a complaint form for download

7. Extreme ways to consider a complaint and pursuing claims and rules for access to these procedures

7.1. Detailed information regarding the possibility of using a customer who is a consumer from extrajudicial ways to consider complaints and pursue claims and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/Pozojonowe_rozwiazanie_sporow_konsumencki.php.

7.2. A contact point also operates at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: contact.adr@uokik.gov.pl or a written address: Powstańców Warszawy 1, 00-030 Warsaw), whose task is between Others providing assistance to consumers in matters related to out -of -court resolution of consumer disputes.

7.3. The consumer has the following sample possibilities of using out -of -court ways to consider complaints and pursue claims: (1) Application for resolving the dispute to a permanent amicable consumer court (more information on the website: http://www.spsk.wiih.org.pl/); (2) application regarding an out -of -court termination of the dispute to the Provincial Inspector Inspection Inspector (more information on the website of the inspector competent for the place of business activity by the seller); and (3) assistance of the poviat (municipal) consumer spokesman or social organization, which statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumer). Advice is given, among others, by e-mail at advice@dlakonsumentow.pl and at the number of consumer hotline 801 440 220 (hotline active on business days, between 8:00 and 18:00, a connection fee according to the operator's tariff).

7.4. At http://ec.europa.eu/consumers/odr a platform of the online dispute settlement system between consumers and entrepreneurs at EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out -of -court resolution of the dispute regarding contractual obligations arising from the online sales contract or a contract for the provision of services (more information on the Platform itself or at the Internet address of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. The right to withdraw from the contract

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

8.1.1. in writing to the following address: ul. Janinówka 9/198, 03-562 Warsaw.

8.1.2. in electronic form via e -mail to: kontakt@breathemejewelry.com

8.2. The return of the Product - movable items (including movable items with digital elements) as part of the withdrawal from the contract may be made to the following address: ul. Janinówka 9/198, 03-562 Warszawa.

8.3. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point. 13 of the Regulations. The consumer may use the template form, but this is not obligatory.

8.4. The deadline for withdrawal from the contract begins:

8.4.1. for a contract under which the Seller issues the Product, being obliged to transfer its ownership - from the consumer or a third party designated by him other than the carrier taking possession of the Product, and in the case of a contract that: (1) covers 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 specified period of time - from taking possession of the first Product;

8.4.2. for other contracts - from the date of conclusion of the contract.

8.5. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.

8.6. Products – movable items, including movable items with digital elements:

8.6.1. The Seller is obliged to immediately, no later than 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product - movable items, including movable items with digital elements (except additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The seller refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back or the consumer provides proof of its return. , depending on which event occurs first.

8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, no later than within 14 calendar days from the date 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 it. , unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry.

8.6.3. The Consumer is responsible for reducing the value of the Product - a movable item (including a movable item with digital elements) - resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.7. Products – digital content or digital services:

8.7.1. In the event of withdrawal from the contract for the supply of the Product - digital content or digital service - from the date of receipt of the consumer's declaration of withdrawal from the contract, the Seller may not use content other than personal data provided or created by the consumer while using the Product - digital content or digital service - provided by the Seller, except for content that: (1) is only useful in connection with the digital content or digital service that was the subject of the contract; (2) concern only the consumer's activity when using digital content or digital service provided by the Seller; (3) has been combined by the trader with other data and cannot be separated from it or can only be separated with disproportionate efforts; (4) they were produced by the consumer together with other consumers who may continue to use them. Except for the cases referred to in points (1)-(3) above, the Seller, at the consumer's request, provides the consumer with content other than personal data that was provided or created by the consumer when using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer's access to the digital content or digital service or blocking the user account, which does not affect the consumer's rights referred to in the previous sentence. The Consumer has the right to recover digital content from the Seller free of charge, without any hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.

8.7.2. In the event of withdrawal from the contract for the supply of a Product - digital content or digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.

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

8.8.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.

8.8.2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the Product.

8.8.3. In the case of a Product - service, the performance of which - at the express request of the consumer - began before the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, 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.

8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:

8.9.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the contract, and has accepted this is for your information; (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 for withdrawal from the contract; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - non-prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - which deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery ; (6) in which the subject of the provision are Products - movable items (including movable items with digital elements) - which, after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (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 market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides other services than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to for 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 the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium for which the consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has completed the provision, he will lose the right to withdraw from the contract , and acknowledged it, and the Seller provided the consumer with the confirmation referred to in Art. 15 section 1 and 2 or art. 21 section 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay a price, for which the consumer has expressly requested the Seller to come to him for repairs, and the service has already been fully performed with the express and prior consent of the consumer.

8/10. The consumer provisions contained in this point 8 of the Regulations apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or the Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract stipulates: that it does not have a professional character for this person, resulting in particular from the subject of the business activity carried out by him, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.

9. PROVISIONS APPLICABLE TO ENTREPRENEURS

9.1. The Seller's liability under the warranty for the Product or lack of compliance of the Product with the Sales Agreement is excluded.

9.2. The Seller will respond to the complaint within 30 calendar days from the date of its receipt.

9.3. This point 9 of the Regulations and all provisions contained therein are addressed to and therefore bind only the Customer or Service Recipient who is not a consumer, and from January 1, 2021 and for contracts concluded from that date also on a natural person concluding a contract directly related to its business. economic, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Registration and Information on Business Activity.

9.4. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.

9.5. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

9.6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service User an appropriate statement.

9.7. The Service Provider/Seller's liability towards the Service Recipient/Customer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than up to the amount of one thousand zlotys. The amount limitation referred to in the previous sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits. The seller is also not responsible for delays in shipment.

9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

10. PRODUCT OPINIONS

10.1. The Seller does not allow its Customers to post or access opinions about the Products. However, it provides all verified opinions about the Store from the company's profile on Google and from its customers.

11. ILLEGAL CONTENT AND OTHER CONTENT IN COMPLIANCE WITH THE REGULATIONS

11.1. This point of the Regulations contains provisions arising from the Digital Services Act regarding the Online Store and the Service Provider. The Service Recipient is generally not obliged to provide content when using the Online Store, unless the Regulations require providing specific data (e.g. data for placing an Order). The Service User may be able to add an opinion or comment in the Online Store using the tools provided for this purpose by the Service Provider. In each case of providing content by the Service Recipient, he is obliged to comply with the rules contained in the Regulations.

11.2. CONTACT POINT – The Service Provider designates the e-mail address: kontakt@breathemejewelry.com as a single contact point. The contact point enables direct communication of the Service Provider with the authorities of the Member States, the European Commission and the Digital Services Council and at the same time enables service recipients (including Service Recipients) direct, fast and friendly communication with the Service Provider by electronic means, for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English for the purposes of communication with its contact point.

11.3. Procedure for reporting Illegal Content and actions in accordance with Art. 16 Digital Services Act:

11.3.1. Any person or entity may report to the Service Provider the presence of specific information that a given person or entity considers to be Illegal Content to the e-mail address kontakt@breathemejewelry.com

11.3.2. The notification should be sufficiently precise and properly justified. For this purpose, the Service Provider enables and facilitates submission of reports containing all of the following elements to the e-mail address provided above: (1) a sufficiently substantiated explanation of the reasons why a given person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the precise electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) name and surname or name and e-mail address of the person or entity making the report, with the exception of reports regarding information considered to be related to one of the crimes referred to in Art. 3-7 of Directive 2011/93/EU; and (4) a statement that the reporting person or entity has a good faith belief that the information and allegations contained herein are accurate and complete.

11.3.3. The notification referred to above is deemed to constitute the basis for obtaining actual knowledge or information for the purposes of Art. 6 of the Digital Services Act in relation to the information it concerns, if it enables the Service Provider acting with due diligence to determine - without a detailed legal analysis - the illegal nature of a given activity or information.

11.3.4. If the report contains electronic contact details of the person or entity that submitted the report, the Service Provider shall, without undue delay, send such person or entity confirmation of receipt of the report. The service provider shall also notify such person or entity without undue delay of its decision with respect to the information covered by the report, providing information on the possibility of appealing against the decision.

11.3.5. The Service Provider considers all reports it receives under the mechanism referred to above and makes decisions with respect to the information referred to in the reports in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purposes of such consideration or decision-making, it includes information on this subject in the notification referred to in the previous point.

11.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, in relation to information provided by the Service Recipients:

11.4.1. The Service Recipient has the following rules when providing any content as part of the Online Store:
11.4.1.1. The obligation to use the Online Store, including to post content (e.g. as part of an opinion or comments), in accordance with its intended use, these regulations and in a way consistent with the law and decency, having regard to respect for personal rights as well as copyright and copyrights Service providers and third parties;
11.4.1.2. the obligation to introduce content in accordance with the facts and in a non -misleading manner;
11.4.1.3. a ban on providing unlawful content, including a ban on providing illegal content;
11.4.1.4. ban on sending unintentional commercial information (spam) via the Online Store;
11.4.1.5. a ban on providing content that violates the commonly accepted principles of netiquette, including those containing vulgar or offensive content;
11.4.1.6. The obligation to have - in the event that it is necessary - all required rights and permits to provide such content on the online store's websites, in particular copyright or required licenses, permits and consents to their use, dissemination, sharing, or publication, especially the right of publication and dissemination in the online store and the right to use and disseminate the image or personal data in the case of content that includes the image or personal data of third parties.
11.4.1.7. The obligation to use the Online Store in a way that does not pose a threat to the security of the Service Provider's ICT system, online store or third parties.

11.4.2. The Service Provider reserves the right to moderate content provided by Service Recipients to the Online Store website. Moderation is carried out in good faith and due diligence and on its own initiative of the Service Provider or for the notification received to detect, identify and remove illegal content or other content incompatible with the Regulations or prevent access to them or to take the necessary measures to meet the requirements of European Union law national law in accordance with European Union law, including the requirements set out in the act on digital services, or the requirements contained in the Regulations.

11.4.3. The modeing process can be done manually by man or based on automated or partially automated tools to facilitate the service providers to identify illegal content or other content that does not comply with the regulations. After identifying such content, the Service Provider decides as to the possible removal or preventing access to content or otherwise limits their visibility or takes other actions that he deems necessary (e.g. contacts the recipient to clarify reservations and change content). The Service Provider will clearly and easily inform the Service Recipient who provided the content (in the event of his contact details) about his decision, the reasons for making it and the available possibilities of appealing to this decision.

11.4.4. The Service Provider, in ordering his rights and obligations from the act on digital services, is obliged to act with due diligence, in an objective and proportional manner, and with a due inclusion of the rights and legitimate interests of all the parties involved, including the recipients of the service, in particular taking into account the rights provided in the rights card basic European Union, such as freedom of expression, freedom and media pluralism and other basic and freedom rights.

11.5. All comments, complaints, complaints, appeals or reservations regarding decisions or other actions or no actions taken by the Service Provider on the basis of the submitted application or decision of the Service Provider taken in accordance with the provisions of these Regulations may be submitted in the manner analogous to the complaint procedure indicated in point 6 of the Regulations. Using this procedure is free and allows you to submit complaints electronically to the given e -mail address. The use of the procedure for submitting and examining complaints remains without prejudice to the right of a person or the entity to initiate proceedings before the court and does not violate his other rights.

11.6. The Service Provider considers all comments, complaints, complaints, appeals or reservations regarding decisions or other actions or no actions taken by the Service Provider on the basis of the notification received or the decision made in a timely manner, non -discriminatory, objective and non -monitored. If the complaint or other application contains sufficient reasons for the Service Provider to find that his decision not to take actions in response to the application is unjustified or that the information that the complaint relates is not illegal and incompatible with the regulations, or contains information indicating that the applicant's action did not justifies the agent taken, the service provider without undue delay repeals or changes his decision as to the possible removal or preventing access to content or otherwise limiting their visibility or takes other actions that he deems necessary.

11.7. Service recipients, persons or entities who have submitted illegal content to which the Service Provider's decisions regarding illegal content or content that are incompatible with the Regulations are addressed, have the right to choose any out -of -court decision of dispute decisions, including in relation to complaints that were not resolved as part of the internal system of examining the service provider.

12. Final provisions

12.1. Agreements concluded through the online store are concluded in Polish.

12.2. Change of regulations:

12.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, i.e. changes in the law; Changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.

12.2.2. In the event of concluding continuous contracts on the basis of these Regulations (e.g. provision of electronic service - account), the amended regulations bind the recipient if the requirements specified in art. 384 and 384 [1] of the Civil Code, i.e. the recipient was correctly notified of the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the current recipient has the right to withdraw from the contract.

12.2.3. In the event of conclusion under these Regulations of contracts of a different nature than continuous contracts (e.g. Sales Agreement), amendments to the Regulations will in no way violate the rights of the acquired recipients/clients before the date of entry into force of amendments to the Regulations, in particular amendments to the Regulations will not affect Already placed or placed orders and concluded, completed or completed sales contracts.

12.3. In matters not covered by these regulations, the generally applicable provisions of Polish law apply, in particular: the Civil Code; of the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); Act on consumer rights; and other relevant provisions of generally applicable law.

13. template of the withdrawal form
(Annex number 2 to the Consumer Rights Act)

Template of the withdrawal form
(this form should be completed and sent only if you want to withdraw from the contract)

- recipient:

Breathemejewelry.com online store

1. Janinówka 9/198, 03-562 Warsaw

    
   kontakt@breathemejewelry.com

- I/My (*) I hereby inform/inform (*) about my/our withdrawal from the Sales Agreement of the following goods (*) of the delivery agreement of the following items (*) of the work agreement consisting in performing the following goods (*)/o providing the following service (*)

- date of conclusion of the contract (*)/pickup (*)

-Name and surname of the consumer (-ów)

-consumer address (s)

-consumer signature (s) (only if the form is sent in paper version)

- Date

Refund form to download

Refund form to download