Regulations

REGULATIONS

These regulations set out the rules for the use of the online store at www.maksimiuk.jewelry

The owner of the online store at www.maksimiuk.jewelry is running a business under the name EK STUDIO-Ewelina Maksimiuk, registered in the Central Register and Information on Business Activity of the Republic of Poland, conducted by the minister responsible for economy, NIP: 8513242899, REGON: 384720805, at the second permanent place of business: 5 Kopernika St., loc.1, 15-377 Białystok, e-mail address: hello@maksimiuk.jewelry

Return address: 5 Kopernika St., lok.1, 15-377 Bialystok / or PACKKOMAT No.: BIA57M

AND DEFINITIONS

  1. Terms and Conditions – these rules and regulations defining the rules of shopping in the online store www.maksimiuk.jewelry;
  2. Store – an online store operated at www.maksimiuk.jewelry;
  3. Consumer – a natural person concluding a contract with the Seller under the Store, the subject of which is not directly related to its economic or professional activity.
  4. Seller – EK STUDIO – Ewelina Maksimiuk, at the second address of the permanent place of business 5 Kopernika Street, 1, 15-377, Białystok
  5. Customer – any entity making purchases through the online store.
  6. Product(s) – an author’s movable item/service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller, by EK STUDIO-Ewelina Maksimiuk
  7. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, which uses the Store.
  8. Contract concluded at a distance – a contract concluded with a Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
  9. Regulations – these rules and regulations of the Store.
  10. Order – the Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
  11. Account – a customer’s account in the Store, it collects data provided by the Customer and information about the Orders placed by him/her in the Store.

12.Registration form – a form available in the Store that allows you to create an Account.

  1. Order Form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  2. Shopping Cart – an element of the Store’s software, where the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.
  3. Sales Contract – a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Store. By Sales Agreement is also understood – applying to the characteristics of the Product – a contract for the provision of services and a contract for work.

II CONTACT

  1. Seller’s e-mail address: hello@maksimiuk.jewelry
  2. Seller’s phone number: +48 571 924974
  3. Seller’s bank account number: 39 1020 1332 0000 1602 1207 7154
  4. The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.
  5. The customer can communicate by phone on business days (Monday-Friday) with the Seller from 10 am to 4 pm and by email (at any time).

III PRODUCT INFORMATION

  1. All Products offered in the Store are new, made based on designs by Ewelina Maksimiuk and are subject to copyright protection. The products are handmade by combining new, unusual and surprising for jewelry raw materials with traditional jewelry craftsmanship, using non-standard technologies and forms.
  2. Products are made in unique designs, as well as in limited series (information about the uniqueness or uniqueness of the Product is included next to its description).
  3. Due to the handmade nature of the Products and due to the use of non-standard materials for their production, the Seller reserves the possibility that there may be differences in the Products made within a specific design.
  4. It is permissible that there are differences between a copy of the same design of a Product, the photo of which has been posted in the Store, and another copy of this design of a Product ordered by the Customer, the difference in the detail of Products of the same series being due to the specifics of the manufacture of these Products.
  5. The Seller reserves the right to change the colors of the Products, resulting from the difference in colors shown in the Product photo and the original photographed Product.
  6. Photographs and other forms of visualization and presentation of the Products placed on the Store’s pages do not reflect the actual size of the Products, but are only informative about the Products.
  7. The Seller informs that the Products – due to their handicraft character, delicacy and fragility of the raw materials used – should be used only in accordance with their intended use and stored in a manner consistent with their properties.

Products should not be worn during household work, (exposing them to mechanical or chemical damage) should not be washed, cleaned with chemicals, should not come into contact with alcohol, caustic agents, solvents, dyes, coloring materials (things) (such as jeans). Products should not come into contact with water, (for example, when bathing) and should not be slept in. The proper way to use them is also described at: https://maksimiuk.jewelry/pielegnacja-bizuterii/

  1. Any complaints submitted by the Customer, resulting from the Customer’s ignorance of the specifics of the Products mentioned above, as well as from the Customer’s failure to comply with the rules of handling the Products described in the Regulations, will not be considered by the Seller.

IV PRICES AND PROMOTIONS

  1. All prices of Products offered by the Store are given in the currency chosen by the customer.
  2. The prices shown are gross prices, i.e. they include value added tax (VAT). Prices of the Products do not include shipping costs.
  3. The Seller reserves the right to change prices of Products on offer in the Store, as well as the right to organize (carry out, modify and cancel) promotional actions in the Store.
  4. The price that appears next to the Product when ordered by the Customer is the price that binds both parties to the contract of sale of the Product.
  5. A promotion is understood as offering the sale of Products on terms more favorable than the standard terms of sale applicable to the Store.
  6. Any promotions in force in the Store are not cumulative with any promotions applied by the Seller. A customer may take advantage of only one promotion, unless the rules of the promotional action explicitly provide for the possibility of combining several different promotions.

V REGISTRATION AND LOGIN

In order for the Customer to make purchases of Products in the Store, it is necessary to make an application (fill in the form), which includes all the necessary data for order processing. Along with the registration, the Customer becomes entitled to place an order for the Product he/she intends to purchase. Completion of the purchase form is tantamount to acceptance of the Terms and Conditions.

VI CONTRACTS.

  1. The Seller sells Products in the Store using the Internet.
  2. Information provided in the Store about the Products does not constitute an offer within the meaning of the Civil Code, and should only be regarded as an invitation to conclude a sales contract.
  3. The Customer, in order to purchase a Product, makes an offer to purchase it by filling out an online order form.
  4. The contract of sale of the Product is considered to be concluded at the moment when the Seller sends an order confirmation to the Customer’s e-mail address provided in the order form, and receives confirmation-booking of payment from the Customer confirming the order.
  5. After the Customer places an order, the Seller sends, to the Customer’s Internet address provided in the registration form, an e-mail containing confirmation of acceptance of the order for processing and information about shipment of the ordered Product to the Customer (after the order has been prepared and packed)
  6. Due to the unique nature of the Products or the unique material from which they are made, the Seller reserves the right to refuse an order, limit the method of payment or require prepayment by the Customer.
  7. The Seller shall execute orders by sending Products to the Customer with the place of receipt located in the territorial area of Poland and in the European Countries, United Kingdom.
  8. Products in the category “Shipping in 24 hours”. The nature of available products in this tab is variable, depending on the models available in the seller’s stock. Shipping of products available in this category takes place within 24 hours after payment, or confirmation of payment. Shipment is considered to be sending at the point of the carrier or issuing it to the courier. Shipping of purchases takes place on working days (except Saturday, Sunday and holidays) If the date of shipment coincides with a non-working day, shipment will take place the next working day. The seller stipulates that for reasons beyond its control and will not be able to send the shipment, it will inform the customer, who will be able to cancel the order.

VIII ORDER PROCESSING

  1. Lead time in case of information when the model is in stock, the product available will be shipped within 2 business days. Lead time for the product available on request is from 2-14 working days depending on the model. Information about the current availability of the product is shown next to each model.
  2. Delivery time is from 2 days to 21 days. In the case of individual orders or those requiring personalization, the lead time is determined individually. On special request, the order can be completed faster – for this purpose, please contact the designer by sending an e-mail to hello@maksimiuk.jewelry to establish special conditions for the implementation of the order.
  3. The Seller shall execute orders within the time limits indicated above, with the proviso that orders placed on business days after 12:00 pm, and on holidays (Saturdays, Sundays, holidays), shall be considered to have been placed on the next succeeding business day and the time limit for their execution shall be calculated from that day.
  4. In exceptional cases, e.g. when the ordered Product is not currently available in the Store, the Seller allows a longer order processing time, of which it is obliged to inform the Customer in the e-mail confirming acceptance of the order for processing. In such a situation, the Client’s failure to change or withdraw the order within two working days of receiving the e-mail from the Seller means that the Client agrees to extend the order completion date, as anticipated by the Seller.
  5. Working days are considered weekdays excluding holidays (Saturdays, Sundays and public holidays).

IX PAYMENT AND DELIVERY METHODS

  1. The customer can use the following methods of delivery or pickup of the ordered Product:

– Courier delivery,

– Parcel Post,

– Personal collection in Bialystok (withheld due to the pandemic situation – COVID-19).

  1. The customer can use the following payment methods:

– Payment on delivery (withheld due to pandemic situation – COVID-19),

– Payment by bank transfer to the Seller’s account,

– Electronic payments.

-Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website when placing an order.

X EXECUTION OF THE SALES CONTRACT

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with §VI.
  2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail message to the e-mail address provided during the placement of the Order. Order to the Customer’s e-mail address, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
  3. If the customer chooses:

– payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 2 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.

– payment in cash upon personal collection of the shipment, the customer is obliged to make payment upon collection of the shipment within 2 days from the date of receipt of information that the shipment is ready for collection.

  1. If the Customer has chosen a method of delivery other than personal collection, the Product will be shipped by the Seller on the date indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
  2. If you order Products with different delivery dates, the delivery date is the longest date given.
  3. The beginning of the period for delivery of the Product to the Customer is calculated as follows:

– If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.

– If the Customer chooses to pick up the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the Order.

  1. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store under the “Delivery Costs” tab and during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
  2. Personal collection of the Product by the Customer is free of charge.

XI RIGHT OF WITHDRAWAL

  1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The running of the period specified in paragraph 1 starts from the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer. In the case of shipment to a Parcel Machine, from the moment the parcel is placed in the Customer’s receiving parcel machine.
  3. The consumer may withdraw from the Contract by submitting to the Seller a statement of withdrawal from the Contract (return form)
  4. The statement (return form), together with the product and the receipt/invoice or a copy thereof, should be sent back to the address of the seller :

EK STUDIO- Ewelina Maksimiuk

Kopernika 5, lok.1

15-377 Bialystok

optionally

PACZKOMAT INPOST with number: BIA57M

tel. 571 924 974

email: order@maksimiuk.jewelry

  1. Effects of withdrawal from the Agreement:

– In the case of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded.

– In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement (return form) of withdrawal from the Agreement, all payments made by the Consumer, including the cost of delivery of the item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.

  1. The Seller will refund the payment using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.

8.The seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.

  1. The Consumer must return the Product to the Seller’s address specified in these Terms and Conditions immediately, no later than 14 days from the date of receipt of the shipment. If the Consumer sends back the Product after the 14-day period from the time of receipt of the shipment, the refund will not be credited.
  2. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by mail in the usual manner.
  3. The consumer shall be liable only for the diminution in value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.
  4. The right of withdrawal from a contract concluded at a distance does not apply to the Consumer in relation to the Contract in which the subject of performance is a non-refabricated item, produced to the Consumer’s specifications or serving to meet his individual needs.

XII DAMAGE TO SHIPMENTS

  1. Before receipt of the shipment, the customer should check whether the packaging of the shipment has not been damaged in transit, and whether there are traces indicating that the shipment has been opened (such as rupture of the tape securing the shipment).
  2. If the packaging of the shipment indicates that it has been damaged or previously opened, the Customer is entitled to refuse to accept the shipment, and if possible – in the presence of the courier or an employee of the Polish Post Office – to draw up a damage report, and then the Customer should immediately notify the Store of this fact.

XIII COMPLAINTS

  1. The Sales Contract covers new Products.
  2. If there is a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.
  3. Complaints should be submitted in writing or electronically to the Seller’s addresses given in these Regulations.
  4. It is recommended to include in the complaint, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the customer making the complaint, and the customer’s request in connection with the defect of the goods.
  5. The Seller will respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it is considered that the Customer’s request was considered justified.
  6. Goods sent back as part of the complaint procedure should be sent to the address given in the

order@maksimiuk.jewelry

  1. Complaints are not subject to: natural wear and tear of items, defects caused by improper use and storage of products, natural abrasion of the gold coating on the surface of jewelry and other mechanical damage.
  2. If the Customer requests the replacement of an item or its repair, the Seller may refuse to meet this request, provided that the option indicated by the Customer: would be impossible for the Seller, or – compared to the second of the possible requests – would require excessive costs.
  3. The Seller may offer another solution. Notwithstanding the above, in this situation the Customer may change his choice and demand to bring the Product into conformity with the contract in another way, i.e. reduce the price or withdraw from the contract.

XIV PRIVACY POLICY

  1. By registering with the Store, the Customer voluntarily agrees to the Store’s storage and necessary processing of his/her personal data provided in the registration form for the purpose of processing orders and handling any complaints, as well as for communication, marketing purposes (presentation of the offer of Products sold through the Store).
  2. This data is not processed or used by the Seller for any other purpose.
  3. The store processes customer data in accordance with the law and with confidentiality.
  4. The store does not transfer, sell or share the collected personal data of customers with other entities.

In accordance with the provisions of the Law on Personal Data Protection, the Customer has the right to access his/her data, to correct them, to request the cessation of their processing and to request their deletion.

  1. The customer may agree to receive (at e-mail address) information related to the Vendor’s offer and its commercial and creative activities.

The Seller informs that when using the services of the Store, cookies are installed in the Customer’s computer. Installation of files is necessary for proper provision of services. Installation of files is necessary for proper provision of services. Details of installing the files are contained in the Privacy Policy.

XV PERSONAL DATA IN THE ONLINE STORE

1.The administrator of Customers’ personal data collected through the Online Store is the Seller.

2.Customers’ personal data collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees – also for marketing purposes.

  1. Recipients of personal data of Customers of the Online Store may be:

– In the case of a Customer who uses postal or courier delivery method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.

– In the case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.

  1. The customer has the right to access and correct the content of his data.
  2. Provision of personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude the agreement.

XVI FINAL PROVISIONS

  1. Contracts concluded through the Online Store are concluded in the Polish language.
  2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legislation, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Client about each change at least 7 days in advance.
  3. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Law on Providing Electronic Services; Law on Consumer Rights, Law on Personal Data Protection.
  4. The customer has the right to use out-of-court means of handling complaints and claims. For this purpose, he can file a complaint through the EU online ODR platform available .
  5. All comments and reports on the functioning of the Store, violations of the Terms and Conditions, Product offer, reliability of data or other irregularities found, as well as any statements and reports addressed to the Seller, should be sent to the e-mail address of the Seller.
  6. The Seller reserves the right to make changes to the Terms and Conditions.
  7. Any changes become effective when published on the Store’s website. Amendments to the Terms and Conditions do not adversely affect the rights and obligations of the Customer with respect to orders whose processing has already been undertaken by the Store.
  8. Customers agree to check the Terms and Conditions at regular intervals for changes or additions. By each subsequent login, the Customer declares that he/she agrees with the currently effective version of the Terms and Conditions.
  9. If you do not accept the changes to the Terms and Conditions, the Customer should refrain from logging into the Store and immediately notify the Seller of such a decision. Declaration of not accepting the changes to the Terms and Conditions entails deletion of the Customer’s account.
  10. The Seller and the Customer, entering into contracts of sale of Products offered by the Store, shall make every effort to resolve any disputes arising from the application of these Regulations and the content and performance of contracts of sale of Products amicably. In the absence of an amicable resolution of the dispute, the competent court will be a common court of factual and local jurisdiction in accordance with the provisions of the Code of Civil Procedure.
  11. In matters not regulated by the Regulations, the provisions of law and other relevant regulations in force in the Republic of Poland shall apply.