Terms and Conditions of the umbrae333 Online Store

Effective date: [date]

1. General provisions

1. These Terms and Conditions define the rules for using the online store available at www.umbrae333.com, placing orders, concluding sales agreements, making payments, delivering products, withdrawing from the agreement, submitting complaints, and using the store.

2. The online store is operated by:

[full registered business name]
registered address: [business address]
NIP / Tax Identification Number: [NIP]
REGON: [REGON]
e-mail: [contact e-mail]

hereinafter referred to as the Seller.

1. The Seller may be contacted by e-mail at: [contact e-mail].

2. The store offers jewelry and jewelry objects, in particular pieces made of solid 925 sterling silver, hereinafter referred to as Products.

3. These Terms and Conditions apply to both consumers and business customers, unless a specific provision states otherwise.

4. Using the store requires a device with internet access, an up-to-date web browser, and an active e-mail address.

2. Definitions

1. Store - the online store available at www.umbrae333.com.

2. Seller - the entity indicated in Section 1.

3. Customer - a natural person, legal person, or organizational unit placing or intending to place an order in the Store.

4. Consumer - a natural person entering into an agreement with the Seller for purposes not directly related to their business or professional activity.

5. Entrepreneur with consumer rights - a natural person entering into an agreement directly related to their business activity, provided that the agreement is not of a professional nature for that person.

6. Product - a movable item available in the Store, including jewelry or a jewelry object.

7. Order - a declaration made by the Customer through the Store with the intention of purchasing a Product.

8. Sales Agreement - an agreement for the sale of a Product concluded between the Customer and the Seller through the Store.

3. Product information

1. Products presented in the Store are made in accordance with the description available on the relevant Product page.

2. Product descriptions may include information about material, price, availability, size, finish, method of production, and other essential features.

3. Products made by hand may slightly differ from one another in detail, finish, texture, patina, oxidation, or surface character. Such differences do not constitute a defect, provided that the Product remains consistent with its description.

4. Silver, including oxidized silver, may naturally change over time due to wear, contact with skin, moisture, cosmetics, perfume, sweat, chemicals, or the environment. Such changes are a natural characteristic of the material, unless they result from the Product’s non-conformity with the Sales Agreement.

5. The Customer should read the Product description, size information, care instructions, delivery time, and other details before placing an Order.

4. Orders

1. Orders may be placed through the Store 24 hours a day, 7 days a week.

2. To place an Order, the Customer selects a Product, adds it to the cart, provides the required details, chooses the delivery and payment method, and confirms the Order.

3. Placing an Order creates an obligation to pay.

4. The Sales Agreement is concluded when the Customer receives an order confirmation from the Seller at the e-mail address provided during checkout.

5. The Seller may refuse to process an Order if the Customer provides incorrect or incomplete data, fails to make payment, cannot be contacted, or if other circumstances prevent the proper fulfillment of the Order.

6. If a Product becomes unavailable after an Order has been placed, the Seller will inform the Customer and either refund the payment received or propose another solution, subject to the Customer’s consent.

5. Prices and payments

1. Product prices shown in the Store are gross prices, unless stated otherwise.

2. Product prices do not include delivery costs, unless expressly stated otherwise.

3. The total cost of the Order, including the Product price and delivery cost, is displayed before the Order is placed.

4. Available payment methods are shown during checkout.

5. The Order is processed after payment has been received or after successful payment authorization by the payment provider.

6. The Seller is not responsible for delays caused by banks, payment operators, or other payment intermediaries.

6. Delivery

1. Products are delivered to the address provided by the Customer during checkout.

2. Available delivery methods and delivery costs are shown during checkout.

3. The estimated order processing time is provided on the Product page or during checkout.

4. If a Product is made to order or requires preparation, the dispatch time may be longer and will be indicated in the Product description or communicated to the Customer.

5. The Seller is responsible for the Product until it is delivered to the Consumer.

6. The Customer is advised to inspect the parcel after delivery. If the parcel is visibly damaged, the Customer should, where possible, report the damage to the carrier and contact the Seller. Failure to prepare a damage report does not limit the statutory rights of Consumers.

7. Packaging

1. Orders may be delivered in dedicated packaging, including a wooden box, printed card, or other elements described on the Product page.

2. Packaging is intended for storage, presentation, and protection of the Product under normal conditions of use.

3. The Seller is not responsible for damage to the packaging caused by improper use, improper storage, exposure to moisture, water, heat, chemicals, mechanical force, impact, crushing, scratching, or any use inconsistent with its intended purpose.

4. This provision does not exclude or limit the Customer’s statutory rights if the packaging is damaged before delivery or if the Product is not in conformity with the Sales Agreement.

8. Right of withdrawal from the agreement

1. A Consumer and an Entrepreneur with consumer rights may withdraw from a distance Sales Agreement within 14 days without giving any reason, subject to the exceptions provided by law and these Terms and Conditions.

2. The withdrawal period expires 14 days after the day on which the Consumer, or a third party indicated by the Consumer other than the carrier, takes possession of the Product.

3. To exercise the right of withdrawal, the Customer must inform the Seller of their decision by means of an unequivocal statement, for example by e-mail sent to: [contact e-mail].

4. The Customer may use the model withdrawal form included at the end of these Terms and Conditions, but this is not mandatory.

5. To meet the withdrawal deadline, it is sufficient for the Customer to send the withdrawal statement before the withdrawal period expires.

6. In the event of withdrawal from the Sales Agreement, the Seller will refund all payments received from the Customer, including the cost of the least expensive standard delivery method offered by the Store, no later than 14 days from the day on which the Seller receives the withdrawal statement.

7. The Seller may withhold the refund until the Product is returned or until the Customer provides proof of having sent the Product back, whichever occurs first.

8. The refund will be made using the same payment method used by the Customer, unless the Customer agrees to another refund method that does not involve any additional cost.

9. The Customer must return the Product without undue delay and no later than 14 days from the day on which the Customer informed the Seller of the withdrawal.

10. The direct cost of returning the Product is borne by the Customer, unless the Seller expressly agrees to bear this cost.

11. The Customer is responsible for any 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.

12. The right of withdrawal does not apply to non-prefabricated Products made according to the Customer’s specifications or clearly personalized Products, provided that such nature of the Product was clearly communicated before the Order was placed.

13. The right of withdrawal also does not apply in other cases provided by applicable law.

9. Complaints and Product conformity

1. The Seller is responsible for the conformity of the Product with the Sales Agreement in accordance with applicable law.

2. A Product is in conformity with the Sales Agreement if, in particular, its description, type, quantity, quality, completeness, functionality, and suitability correspond to the agreement.

3. Complaints may be submitted by e-mail to: [contact e-mail].

4. A complaint should include:
   a) the Customer’s full name,
   b) e-mail address,
   c) Order number, if available,
   d) description of the non-conformity,
   e) the Customer’s request,
   f) photographs of the Product, if they may help assess the complaint.

5. In the first instance, the Customer may request repair or replacement of the Product.

6. In cases provided by applicable law, the Customer may request a price reduction or withdraw from the Sales Agreement.

7. The Seller will respond to the complaint within 14 days of receiving it.

8. If returning the Product is necessary to assess the complaint, the Seller will inform the Customer of the next steps.

9. Complaints do not cover changes resulting from normal use of the Product, including natural signs of wear, scratches, polishing of the surface, fading or rubbing of oxidation, changes in shine, dirt, or damage caused by improper use, improper storage, exposure to chemicals, perfume, cosmetics, moisture, sweat, mechanical impact, or accidental damage, unless such changes result from the Product’s non-conformity with the Sales Agreement.

10. These Terms and Conditions do not exclude or limit the statutory rights of Consumers or Entrepreneurs with consumer rights.

10. Made-to-order and personalized Products

1. Some Products may be made to order, in a specific size, finish, variant, or according to individual arrangements with the Customer.

2. Information that a Product is made to order or personalized is provided before the Order is placed.

3. In the case of non-prefabricated Products made according to the Customer’s specifications or clearly personalized Products, the Customer may not have the right to withdraw from the Sales Agreement, in accordance with applicable law.

4. Personalized or made-to-order Products remain subject to complaint rights if they are not in conformity with the Sales Agreement.

11. Product care

1. Products should be stored in a dry place, preferably separately from other objects, to reduce the risk of scratching.

2. Products should be kept away from water, perfume, cosmetics, detergents, chemicals, sweat, and excessive moisture.

3. Silver may naturally darken over time. Oxidized elements may gradually change tone or rub off in areas exposed to frequent contact with skin or other surfaces.

4. Additional care instructions may be provided on the Product page or in materials included with the Order.

12. Customer account

1. The Store may allow Customers to create an account.

2. Creating an account is voluntary and is not required to place an Order, unless a particular functionality of the Store requires it.

3. The Customer is required to provide true, accurate, and up-to-date information.

4. The Customer may request deletion of the account at any time by contacting the Seller.

13. Personal data

1. Customers’ personal data are processed in accordance with applicable law and the Privacy Policy available in the Store.

2. The Seller is the controller of Customers’ personal data, unless the Privacy Policy states otherwise.

3. Personal data are processed in particular for the purpose of processing Orders, handling payments, delivery, complaints, returns, and communication with the Customer.

4. Detailed information on personal data processing is provided in the Privacy Policy.

14. Intellectual property

1. All elements of the Store, including but not limited to photographs, Product descriptions, texts, poems, graphics, videos, visual identity, names, logos, Product designs, presentation concepts, and the overall arrangement of the Store, may be protected by copyright, trademark rights, or other intellectual property rights.

2. All rights are reserved.

3. The Customer may use the Store only for personal and lawful purposes.

4. Copying, reproducing, distributing, modifying, publishing, displaying, downloading, storing, transmitting, or otherwise using any materials from the Store without the Seller’s prior written consent is prohibited, unless permitted by mandatory provisions of law.

5. Purchasing a Product does not transfer any copyright or other intellectual property rights to the Product design, photographs, descriptions, poems, packaging concept, visual identity, or any other creative elements connected with the Product or the brand.

6. The name umbrae333, the logo, Product names, designs, slogans, photographs, texts, poems, and other brand elements may not be used without the Seller’s prior written consent.

15. Reviews and Customer content

1. If the Store allows Customers to submit reviews or other content, the Customer must ensure that such content is lawful, truthful, and does not infringe the rights of third parties.

2. The Seller may refuse to publish or may remove content that is unlawful, offensive, misleading, unrelated to the Product, spam-like, or infringing the rights of third parties.

16. Prohibited use of the Store

1. The Customer may not use the Store for unlawful purposes or in a way that may disrupt its operation.

2. In particular, the Customer may not:
   a) provide false or misleading information,
   b) infringe the intellectual property rights of the Seller or third parties,
   c) interfere with the security or functioning of the Store,
   d) upload or transmit malware, viruses, or harmful code,
   e) use automated tools to scrape, copy, or extract Store content without permission,
   f) use the Store in a manner that violates applicable law or the rights of others.

17. Out-of-court dispute resolution

1. Consumers may use out-of-court methods of handling complaints and pursuing claims.

2. Information about available methods of out-of-court consumer dispute resolution may be obtained from the relevant Voivodeship Inspectorate of Trade Inspection and from the Polish Office of Competition and Consumer Protection.

3. The use of out-of-court dispute resolution is voluntary and requires the consent of both parties, unless applicable law provides otherwise.

18. Final provisions

1. Sales Agreements concluded through the Store are governed by Polish law, subject to mandatory provisions protecting Consumers.

2. Nothing in these Terms and Conditions excludes or limits the rights granted to Consumers under mandatory provisions of law.

3. In matters not regulated by these Terms and Conditions, applicable provisions of Polish law shall apply.

4. The Seller may amend these Terms and Conditions for valid reasons, including changes in law, changes in payment methods, delivery methods, Store functionality, or the need to clarify existing provisions.

5. Orders placed before changes to these Terms and Conditions are governed by the version of the Terms and Conditions in force at the time the Order was placed.

6. These Terms and Conditions are available free of charge in the Store in a way that allows them to be downloaded, saved, and printed.

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Model withdrawal form

To:
[full registered business name]
[address]
[e-mail]

I hereby inform you that I withdraw from the Sales Agreement concerning the following Product(s):

............................................................................

Date of agreement / date of delivery:

............................................................................

Customer’s full name:

............................................................................

Customer’s address:

............................................................................

Order number, if available:

............................................................................

Bank account number for refund, if applicable:

............................................................................

Customer’s signature, if this form is sent in paper form:

............................................................................

Date:

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