Amber Gems - All products are made of Baltic amber

Amber Gems Online Store Regulations

Good day!

A brief introduction, and now it’s time for formalities. First, my full registration details as the administrator of the store, seller, and service provider: Amber Gems, Maria Zawadzka, ul. Garncarska 7/8/9/1, 80-894 Gdańsk, Tax Identification Number (NIP): 583 021 66 19. Below, you will find the regulations containing information on, among other things, the process of placing an order leading to the conclusion of a contract, details regarding the execution of the concluded contract, available forms of delivery and payment in the store, the procedure for withdrawing from the contract, and the complaint handling process. For any comments, questions, or concerns, I am at your disposal at ambergems@server.pl.

Best regards and wishing you successful shopping, Maria Zawadzka

§ 1 Definitions

For the purposes of this regulation, the following meanings of the terms are accepted:

Buyer – a natural person, legal person, or organizational unit without legal personality,
Consumer – a natural person entering into an agreement with the Seller not directly related to their business or professional activity,
Regulations – this regulation, available at https://ambergems.com/regulamin,
Store – an online store operating at https://ambergems.com,
Seller – Amber Gems, Maria Zawadzka, ul. Garncarska 7/8/9/1, 80-894 Gdańsk, Tax Identification Number (NIP): 583 021 66 19.

§ 2
Preliminary Provisions

1. Through the Store, the Seller provides the Buyer with the opportunity to enter into a sales agreement for physical products available in the Store, an agreement for the delivery of digital content (e-books, online courses) described on the Store’s pages, as well as agreements for participation in stationary training or individual consultation in accordance with the information provided on the Store.
2. The Regulations define the rules and conditions for using the Store, as well as the rights and obligations of the Seller and Buyers.
3. To use the Store and digital content purchased through the Store, it is not necessary to meet specific technical conditions for the Buyer’s computer or other device. The following are sufficient:

1) Internet access,
2) Standard operating system,
3) Standard web browser,
4) .pdf file browser,
5) Active email address.

4. In a situation where the use of digital content would require additional technical conditions, these conditions are specified in the description of the digital content on the Store.
5. The Buyer cannot make purchases in the Store anonymously or under a pseudonym.
6. It is prohibited to provide content of an unlawful nature while using the Store, especially by transmitting such content through forms available on the Store.
7. All product prices on the Store’s pages are gross prices.
8. The Buyer must be a legal entity or an individual conducting business activities.

§ 3

Electronic Services

1. Through the Store, the Seller provides electronic services to the Buyer.
2. The basic electronic service provided by the Seller to the Buyer is the opportunity to place an order in the Store, leading to the conclusion of a contract with the Seller. Placing an order is possible without the need for an account in the Store.
3. If the Buyer decides to create an account in the Store, the Seller also provides the Buyer with an electronic service consisting of creating and maintaining an account in the Store. The account stores the Buyer’s data and the history of orders placed by the Buyer in the Store. The Buyer logs into the Account using their email address and a password defined by them.
4. Creating an account in the Store is done by selecting the appropriate checkbox in the order placement process or by completing a registration form available in the Store. The Buyer can delete the account at any time from the account management panel or by sending a relevant request to the Seller. Deleting the account will not result in the deletion of information about orders placed using the account, which the Seller will keep until the expiration of the claims limitation period from the contract concluded through the Store / throughout the operation of the Store, unless the Buyer objects to the storage of this information earlier, and the Seller does not have a predominant interest in their storage.
5. The services are provided electronically to the Buyer free of charge. However, sales contracts, contracts for the delivery of digital content, contracts for participation in stationary training, and contracts for individual consultations concluded through the Store are subject to charges.
6. To ensure the security of the Buyer and the transmission of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the level of security threat of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
7. The Seller takes action to ensure the proper functioning of the Store. The Buyer should inform the Seller of any irregularities or interruptions in the operation of the Store.
8. Any complaints related to the functioning of the Store can be reported by the Buyer via email to the address ambergems@server.pl. In the complaint, the Buyer should specify the type and date of the irregularity related to the functioning of the Store. The Seller will consider all complaints within 30 days of receiving the complaint and will inform the Customer of its resolution via the email address provided in the complaint.

§ 4

Order Placement

1. The Buyer can place an order as a registered customer or as a guest.
2. A registered customer is a Buyer who has an account in the Store. The Buyer can create an account by selecting the appropriate checkbox in the order placement process or by completing a registration form available in the Store.
3. If the Buyer has an account in the Store, they should log in before placing an order. Logging in is also possible during the order placement process by clicking on the link provided in the displayed message.
4. Placing an order involves completing the order form after adding the products, digital content, or services of interest to the Buyer to the cart. The form must contain the necessary data for order fulfillment. At the order placement stage, the Buyer also chooses the method of delivery of the ordered products and the payment method for the order. Placing an order requires accepting the Regulations, which the Buyer should read beforehand. In case of any doubts about the Regulations, the Buyer can contact the Seller.
5. The order placement process is completed by clicking on the order finalization button. Clicking on the order finalization button constitutes the Buyer’s declaration of intent leading to the conclusion of a contract with the Seller. Depending on the subject of the order, a specific type of contract may be concluded between the Buyer and the Seller:
1) for physical products – a sales contract,
2) for electronic products – a contract for the delivery of digital content,
3) for stationary training and consultations – a contract for the provision of services.
6. If the subject of the order includes products of various types or services, placing the order leads to the conclusion of several contracts corresponding to the subject of the order.
7. If the Buyer chose online payment when placing the order, after clicking on the order finalization button, they will be redirected to the payment gateway operated by an external payment operator to make the payment for the order. If the Buyer chose bank transfer payment, after clicking on the order finalization button, they will be redirected to the Store’s page with the order confirmation and instructions for making the payment. Payment for the order should be made within 7 days of the conclusion of the contract.
8. In the order form, the Buyer must provide true personal data. The Buyer is responsible for providing false personal data. The Seller reserves the right to suspend order fulfillment if the Buyer has provided false data or if these data raise justified doubts by the Seller as to their correctness. In such a case, the Buyer will be informed by phone or email about the Seller’s doubts. In this situation, the Buyer has the right to explain all circumstances related to the verification of the authenticity of the provided data. In case of a lack of data allowing the Seller to contact the Buyer, the Seller will provide all explanations after contact is made by the Buyer.
9. The Buyer declares that all data provided by them in the order form is true, and the Seller is not obliged to verify its truth and correctness, although it has the right to do so according to point 8 above.

§ 5
Delivery and Payment

1. The available delivery methods for the order, including physical products, are described on the Store’s website and are presented to the Buyer during the order placement process. The cost of order delivery is borne by the Buyer unless the Seller indicates otherwise on the Store’s website. The Seller has the right to decide to split the order into several separate shipments without incurring additional costs for the Buyer.
2. The available payment methods for the order are described on the Store’s website and are presented to the Buyer during the order placement process.
3. Electronic payments, including credit card payments, are processed by payU.
4. If the Buyer has requested an invoice, it will be delivered to the Buyer electronically, to the email address provided in the order form.

§ 6
Physical Products

1. Fulfillment of an order for physical products involves assembling the ordered products, packaging them for delivery to the Buyer, and dispatching the shipment to the Buyer according to the chosen form of order delivery.
2. The order is considered fulfilled from the moment the shipment is dispatched to the Buyer (entrusted to the carrier engaged in transportation).
3. The order fulfillment time is always indicated for each product. The ordered products should be delivered to the Consumer within 30 days unless a longer delivery time has been clearly indicated by the Seller in the product description. In such a situation, by placing an order, the Buyer agrees to the longer order fulfillment period resulting from the product description.
4. If the Buyer has ordered products with different indicated fulfillment times, the binding fulfillment time for the Seller for the entire order is the longest one among all the products included in the order, and the Seller may propose to split the order into several independent shipments to expedite the fulfillment time for some products.

§ 7
Withdrawal from the Agreement

1. A consumer who has concluded a distance agreement with the Seller has the right to withdraw from the agreement without giving any reason within 14 days from the day of taking possession of the purchased items (in the case of a sales agreement) or within 14 days from the day of concluding the agreement (in the case of an agreement for the delivery of digital content and an agreement for the provision of services).
2. Starting from 01.01.2021, the right to withdraw from the agreement under the terms described in this paragraph and arising from the Consumer Rights Act also applies to a natural person entering into an agreement directly related to their business activity, when it results from the content of this agreement that it does not have a professional character for this person, especially from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity. Therefore, when this paragraph refers to the rights of the Consumer, starting from 01.01.2021, these rights also apply to a person meeting the above criteria.
3. The right to withdraw from the agreement does not apply to agreements:
1) for the provision of services, if the Seller has fully performed the service with the explicit consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, the Consumer will lose the right to withdraw from the agreement,
2) for the delivery of digital content that is not stored on a tangible medium, if the performance of the service has begun with the explicit consent of the Consumer before the expiry of the withdrawal period and after informing them by the Seller about the loss of the right to withdraw from the agreement.
4. The moment of commencing the performance of the service for digital content is the delivery of an email to the Buyer with instructions for downloading or accessing the digital content.
5. To withdraw from the agreement, the Consumer must inform the Seller of their decision to withdraw from the agreement by means of an unambiguous statement – for example, a letter sent by mail, fax, or email.
6. The Consumer may use the withdrawal form available at https://ambergems.com/formularz, but this is not obligatory.
7. To meet the withdrawal deadline, it is sufficient for the Consumer to send information regarding the exercise of the right to withdraw from the agreement before the withdrawal period expires.
8. The Consumer is obliged to return the product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but not later than 14 days from the day on which they withdrew from the agreement, unless the Seller offered to collect the item themselves. To meet the deadline, it is enough to send the product back before the deadline expires.
9. The Consumer bears the direct costs of returning the item.
10. In the case of withdrawal from the agreement, the Seller reimburses the Consumer for all payments received from the Consumer, including the cheapest available delivery cost of the products in the Store (if the cost was covered by the Consumer), immediately, and in any case not later than 14 days from the day on which the Seller was informed about the exercise of the right to withdraw from the agreement. The refund will be made using the same payment methods that the Consumer used in the initial transaction, unless the Consumer has expressly agreed to a different solution. In any case, the Consumer will not incur any fees in connection with the refund.
11. If the Seller has not offered to collect the item from the Consumer themselves, they may withhold the refund of payments received from the Consumer until they receive the item back or until the Consumer provides proof of its return, depending on which event occurs first.
12. The Consumer is responsible for the reduction in the value of the product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the product.

§ 8

Liability for Defects

The Seller is obligated to deliver to the Buyer a product and digital content free from defects, as well as to perform the service properly.
The Seller is liable to the Buyer if the sold product, digital content has a physical or legal defect (warranty for defects), or if the service has been performed improperly.
If the Buyer detects a defect in the product, digital content, or improperly performed service, they should inform the Seller, specifying their claims or making a statement of relevant content.
The Buyer may use the complaint form available at https://ambergems.com/formularz, but this is not obligatory.
The Buyer can contact the Seller both by traditional mail and by email.
The Seller will respond to the Buyer’s complaint within 14 days from the date of receiving the complaint, using the means of communication through which the complaint was submitted.
The details regarding the Seller’s warranty for defects in the sold item are regulated by the provisions of the Civil Code (Articles 556-576).
Starting from 01.01.2021, the provisions regarding the Seller’s warranty for defects in the sold item concerning Consumers also apply to a natural person entering into a contract with the Seller directly related to their economic activity when it follows from the content of this contract that it does not have a professional character for this person, especially resulting from the subject of their economic activity, made available based on the provisions on the Central Register and Information on Economic Activity.

§ 12

Personal Data and Cookies

The Seller is the data controller for the Buyer’s personal data.
The Buyer’s personal data is processed for the following purposes and based on the following legal grounds:
- Conclusion and performance of the contract – Article 6(1)(b) of the GDPR,
- Fulfillment of tax and accounting obligations – Article 6(1)(c) of the GDPR,
- Defense, assertion, or determination of claims related to the contract, which is a legitimate interest pursued by the Seller – Article 6(1)(f) of the GDPR,
- Identification of a returning customer, which is a legitimate interest pursued by the Seller – Article 6(1)(f) of the GDPR,
- Handling inquiries from Buyers that have not yet led to the conclusion of a contract, which is a legitimate interest pursued by the Seller – Article 6(1)(f) of the GDPR,
- Sending newsletters, with prior consent – Article 6(1)(a) of the GDPR.
Recipients of the Buyer’s personal data include: courier companies, tax offices, accounting offices, legal offices, hosting provider, invoicing system provider, CRM system provider, mailing system provider.
Due to the use of the MailChimp mailing system, personal data of Buyers who have subscribed to the newsletter is transferred to the United States of America (USA) for storage on servers located in the USA. The MailChimp system provider ensures an adequate level of protection of personal data through appropriate compliance mechanisms (standard contractual clauses).
The Buyer’s personal data is stored in the Seller’s database for the entire duration of the economic activity to ensure the ability to identify a returning customer. However, the Buyer may object to this by demanding the removal of their data from the Seller’s database. If such an objection is raised before

Rules

Amber Gems Online Store Regulations