TERMS OF SERVICE

S&A Jewellery TERMS OF SERVICE of 01.01.2016  

I. Definitions

The following terms used in these Terms of Service shall mean:

1. Client – a natural person, a legal person or an organizational unit without the status of a legal person, to whom legal capacity is granted by virtue of special regulations, who places an Order in the Store, a Client can be both an Entrepreneur and a Consumer.

2. Entrepreneur  – as defined in Art. 43 of the Civil Code – an entrepreneur is a natural person, a legal person or an organizational unit referred to in Art. 331 § 1 of the Civil Code which conducts business activity on its own behalf.

3. Consumer – a natural person who undertakes an act in law not directly connected with their professional or business activity with the entrepreneur.

4. Civil Code – the Act of 23 April 1964 (Polish Journal of Laws, Dz.U.2014.121, consolidated text, as amended).

5. Terms of Service – the Terms of Service for rendering electronic services within the online store S&A Jewellery.

6. Online Store (the Store) – the web site available at www.b2b.s-a.pl which can be used by a Client in particular to place Orders.

7. Goods – products offered by the Online Store.

a) S&A S.A. presents digital images of its jewellery products. Photos of jewellery are taken by S&A S.A., we try to present images of highest quality and accurately reflecting the actual condition and colour of products.

b) The products have specific characteristics that should be considered when purchasing by reading the description of the product

c) Each of the products is unique and slightly different from other pieces, which also applies to individual elements of goods (jewellery stones).

8. Sales Agreement – a sales agreement of Goods as defined in the Civil Code concluded between S&A S.A. with its registered seat in Gdynia at ul. Św. Piotra 4, 81-347 Gdynia, Poland, entered into the National Register of Entrepreneurs kept by the District Court Gdańsk Północ, 8th Commercial Division under the following KRS No. 0000351730, NIP No.: 586-211-61-86, REGON No. 192993503, and a Client or and Entrepreneur, which agreement shall be concluded by means of the Store’s web site.

9. Act on Customer Rights – the Act of 30 May 2014 on Consumer Rights (Polish Journal of Laws, Dz. U. from 2014, item 827).

10. Act on Rendering Electronic Services – the Act of 18 July 2002 on Rendering Electronic Services (Polish Journal of Laws, Dz. U. No. 144, item 1204, as amended).

11. Order – a Client’s declaration of intent aiming directly at concluding a Sales Agreement determining in particular the type and the number of purchased Goods.

 

II. General Provisions

2.1. The Terms of Service stipulate how to use the online store available at www.b2b.s-a.pl

2.2. The Terms of Service constitute the terms and conditions as defined in Art. 8 of the Act on Rendering Electronic Services.

2.3. The Online Store, available at www.b2b.s-a.pl, is run by S&A S.A. with its registered seat in Gdynia at ul. Św. Piotra 4, 81-347 Gdynia, Poland, entered into the National Register of Entrepreneurs kept by the District Court Gdańsk Północ, 8th Commercial Division under the following KRS No. 0000351730, NIP No.: 586-211-61-86, REGON No. 192993503.

2.4. These Terms of Service stipulate in particular:

a) The rules concerning registration and using the account created with the said online store;

b) The terms and conditions of placing Orders online in the said online store;

c) The rules of concluding Sales Agreements through the Online Store.

2.5. Using the online store is only possible when the ICT system used by the Client meets at least one of the following minimal technical requirements:

a) Internet browser Internet Explorer 10 or later with cookies enabled, Flash installed, or

b) Internet browser Firefox 42 or later with cookies enabled, Flash installed, or

c) Internet browser Chrome 47.0 or later with cookies enabled, Flash installed, or

d) Internet browser Opera w 32 or later with cookies enabled, Flash installed, or

e) Minimum screen resolution not smaller than 480 px horizontal,

f) Not meeting one of the above requirements does not exclude proper functioning of the web site on the device used by the Client.  

2.6. In order to use the online store, Clients should gain access to a computer or other device with the Internet access on their own.

2.7. As provided by the provisions of law, S&A S.A. with its registered seat in Gdynia at ul. Św. Piotra 4, 81-347 Gdynia, Poland, entered into the National Register of Entrepreneurs kept by the District Court Gdańsk Północ, 8th Commercial Division under the following KRS No. 0000351730, NIP No.: 586-211-61-86, REGON No. 192993503 hereby reserves the right to limit the scope of its services rendered through the Online Store in case of individuals under 18. Potential Clients will be notified about this fact.

2.8. Clients can access the Terms of Service at any time through the link available on the homepage at www.b2b.s-a.pl, download the document and make a hard copy.

2.9. Information about the Goods presented on the Online Store website, in particular their descriptions, technical and performance parameters as well as prices, constitute an invitation to conclude an agreement as defined in Art. 71 of the Civil Code.

 

III. Terms and Conditions of Using the Online Store

3.1. In order to use the Online Store you have to become a registered user and gain access to the offer.

3.2. You can register by filling in and submitting the registration form available on one of the Store’s websites and the access to the offer shall be granted to you by one of the store’s employees within 1-2 working days from submitting your registration form.

3.3. Registration is conditioned upon accepting the Terms of Service and providing your personal data marked as obligatory.

3.4. S&A S.A. may deprive a Client of the right to use the Online Store, as well as limit his/her access to either part or the entire array of the Online Store Goods, with immediate effect, if the Client breaches the Terms of Service, in particular when the Client:

a) While registering in the Online Store, provides untrue, inaccurate or invalid data, misleading information or information which infringes the rights of third parties,

b) Infringes, through the online store, personal rights of third parties, especially personal rights of other online store clients,

c) Undertakes activities considered by S&A S.A. as illegal in accordance with currently effective laws or general rules of the Internet use or activities that may tarnish the reputation of S&A S.A.  

3.5. The person deprived of the right to use the online store shall not be able to re-register without obtaining the consent from S&A S.A. first.

3.6. In order to ensure the security of both messages and information relating to the electronic services provided, the Store implements appropriate technical as well as organisational measures adjusted to the level of security threat, in particular these measures are to prevent unauthorised persons from either accessing personal data sent via the Internet or modifying the said data.

3.7. The Client shall in particular be obliged:

a) Not to send or forward any messages whose content is banned under mandatory provisions of law, e.g. messages which popularize violence, infringe personal and other rights of third parties, as well as slander third parties,

b) To use the Online Store in a manner that shall not cause any interruptions to its functioning, in particular by using specific software or devices,

c) Not to send or place unsolicited commercial information (spam) in the Online Store,

d) To use the Online Store in a manner that shall not cause any problems to other clients as well as to S&A S.A.,

e) To use all information found on the Online Store’s website for personal purposes only,

f) To use the Online Store in accordance with the currently effective Polish provisions of law, provisions contained herein as well as general rules of the Internet use.

 

IV. Conclusion of the Sales Agreement

4.1. In order to enter into a Sales Agreement via the Online Store, the Client is required to go to www.b2b.s-a.pl website and select Goods performing the necessary activities based on the information available on the website and messages displayed on the screen.

4.2. The Client selects Goods by adding them to the basket.

4.3. While placing an Order - until the "Confirm Order" button is not pressed - the Client may not only modify the information entered but also change the Goods. In order to modify anything, the Client should perform necessary activities based on information available on the website as well as messages displayed on the screen.

4.4. Once all necessary information has been entered by the Client, a summary of the Order will be displayed. The said summary shall include the following information:

a) What Goods have been ordered,

b) Unit and total price of the ordered Goods, including shipping costs and any other costs (if applicable),

c) Selected payment option,

d) Selected shipping option,

e) Estimated delivery date.

4.5. For the Order to be sent the Client must accept the Terms of Sale, provide his/her personal data marked as obligatory and press the “Confirm Order” button.    

4.6. The Order sent by the Client shall constitute a declaration of intent to conclude a Sales Agreement with S&A S.A. with its registered seat in Gdynia at ul. Św. Piotra 4, 81-347 Gdynia, Poland, entered into the National Register of Entrepreneurs kept by the District Court Gdańsk Północ, 8th Commercial Division under the following KRS No. 0000351730, NIP No.: 586-211-61-86, REGON No. 192993503 in accordance with the provisions contained herein. 

4.7. Upon placing the Order, the Client shall receive an email entitled “Confirmation of Order No. [...]", with the final confirmation of all vital Order details.

4.8. The said Sales Agreement shall be considered to have been concluded upon receipt of the aforementioned email by the Client.

4.9. The Sales Agreement, conform with the provisions contained herein, shall be concluded in the Polish language.

 

V. Delivery

5.1. Goods can only be delivered to the countries which can be selected when creating an account (if you need shipping to other countries, please contact us at b2b@s-a.pl) and to the address provided by the Client when placing the Order.

5.2. The ordered Goods are delivered by courier or own means of transport. Shipping costs are specified at this page. Any additional shipping costs will be specified when placing the Order.

5.3. Standard delivery time varies from 3 to 14 working days from placing an Order.

5.4. Clients can access the Terms of Service at any time through the link available on the homepage at www.b2b.s-a.pl, download the document and make a hard copy. Consolidating, securing, sharing and confirming with the Client all of the important provisions of the Sales Agreement for the sale of Goods is by sending an email to the address provided by the Client and by attaching a printout with the Order confirmation, Order details and VAT invoice to the parcel containing the Order.

 

VI. Prices and Payment Methods

6.1. The prices of Goods are provided in the Polish zlotys (PLN) or EUR or USD and are net and gross prices exclusive of all taxes or duties.

6.2. The Client may pay for the Goods:

a) By money transfer to one of the following bank accounts: IBAN:

PL21 1160 2202 0000 0002 4154 0999 for payments in PLN

PL38 1160 2202 0000 0002 4192 6559 for payments in EUR

PL88 1160 2202 0000 0002 4192 6435 for payments in USD

SWIFT: BIGBPLPW

b) By PayPal or PayU,

 

VII. Withdrawal from the Agreement in Case of Clients Who Are Consumers

You have the right to withdraw from this Agreement within 14 days without providing any reasons. In case of an Agreement which includes the transfer of ownership title (e.g. sales agreement, delivery agreement or contract to perform a specific task which is a chattel) the time for withdraw from the agreement expires after 14 days from the day “when you came into the possession of the goods or when any third party other than the carrier and named by you came into the possession of the goods.”; In order to withdraw from the agreement you should inform S&A S.A. with its registered seat in Gdynia at ul. Św. Piotra 4, 81-347 Gdynia, Poland about your decision to withdraw from this agreement by way of an explicit declaration (e.g. a letter sent by post or email). You can also use the specimen sales agreement withdrawal form, however this is not obligatory.

(Ten fragment zostawiamy jeśli stworzony będzie formularz zwrotu np. w postaci pliku .pdf)

In order to observe the time limit for withdrawing from the agreement you only have to send the information that you wish to exercise your right to withdraw from the agreement before the time limit for withdrawing from the agreement expires.

Effects of Withdrawing from the Agreement

If you decide to withdraw from the agreement, we will reimburse you all the money paid by you, including shipping costs (excluding any additional costs resulting from the shipping option selected by you other than the cheapest standard option offered by us) immediately but not later than within 14 days from being informed about your decision to exercise your right to withdraw from the agreement. The money will be reimbursed using the same payment method as were used by you when making the payment unless you give your explicit consent to some other solution; in any case you shall not bear any other costs connected with the reimbursement. We may postpone the payment of the reimbursement until we receive the goods or a proof that the goods have been sent back whichever comes first.

Please send your returns to the address of S&A S.A. ul. Św. Piotra 4, 81-347 Gdynia, Poland with a comment "Dział E-commerce" or deliver the goods immediately and in no event later than on the 14th day from the day you informed us about withdrawing from the agreement. The time limit is observed if you send the goods back within 14 days. You will have to pay the direct costs of returning the goods. You shall only be held liable for any decrease in the value of goods resulting from using them in any manner other than that necessary to determine their character, features and functioning.

 

VIII. The Right to Withdraw from the Agreement for Entrepreneurs

There is no right to withdraw from the agreement concluded by and between S&A S.A. with its registered seat in Gdynia, at ul. Św. Piotra 4, 81-347 Gdynia, Poland and the Entrepreneur.  

 

IX. Complaints Related to Goods

8.1. S&A S.A. with its registered seat in Gdynia at ul. Św. Piotra 4, 81-347 Gdynia, Poland as the seller shall bear responsibility towards the Client for any commodity faults as determined in the Civil Code, and in particular in Art. 556 and Art. 556[1] - 556[3] of the Civil Code.

8.2. Complaints resulting from infringement of the Client's rights either those legally guaranteed or contained herein, need to be sent to S&A S.A. with its registered seat in Gdynia at ul. Św. Piotra 4, 81-347 Gdynia, Poland or via email to b2b@s-a.pl. S&A S.A. with its registered seat in Gdynia at ul. Św. Piotra 4, 81-347 Gdynia, Poland undertakes to consider each complaint within a period of up to 14 days, and should it be impossible, to notify the Client when the complaint will be considered within that period.

 

X. Complaints Related to Rendering Electronic Services

9.1. S&A S.A. with its registered seat in Gdynia at ul. Św. Piotra 4, 81-347 Gdynia, Poland undertakes appropriate activities in order to ensure proper functioning of the Store based on current technical expertise and undertakes to remove any irregularities communicated by the Client within a reasonable period of time.

9.2. The Client shall be obliged to immediately notify S&A S.A. with its registered seat in Gdynia at ul. Św. Piotra 4, 81-347 Gdynia, Poland about any irregularities or interruptions in the functioning of the Online Store web site.

9.3. The Client can inform about any irregularities in the functioning of the Online Store in writing to: S&A S.A. with its registered seat in Gdynia at ul. Św. Piotra 4, 81-347 Gdynia, Poland, by email to b2b@s-a.pl or using the contact form.

9.4. While submitting a complaint, the Client should provide his/her full name or company name, correspondence address, the type of irregularity connected with the Store functioning, and the date of its occurrence.

9.5. S&A S.A. with its registered seat in Gdynia at ul. Św. Piotra 4, 81-347 Gdynia, Poland undertakes to consider every complaint within the period up to 14 days and should it be impossible, to notify the Client within that period about the period of the complaint consideration.

 

XI. Final Provisions

10.1. Any disputes arising between S&A S.A. with its registered seat in Gdynia at ul. Św. Piotra 4, 81-347 Gdynia, Poland and the Client who is a Consumer shall be settled by a competent court of general jurisdiction in accordance with the Code of Civil Procedure.  

10.2. Any disputes arising between S&A S.A. with its registered seat in Gdynia at ul. Św. Piotra 4, 81-347 Gdynia, Poland and the Client who is not a Consumer shall be settled by a competent court of having jurisdiction over the registered seat of S&A S.A. with its registered seat in Gdynia at ul. Św. Piotra 4, 81-347 Gdynia, Poland.

10.3. All matters not regulated herein shall be governed by the provisions of the Civil Code, the Act on Rendering Electronic Services as well as other relevant Polish laws.

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