Terms and Conditions

of e-commerce store www.gemstrue.com

1. GENERAL PROVISIONS

GemsTrue.com online store, operating at: www.gemstrue.com, is run by Gem Pracownia Bursztynu Wiesława Marcinkowska, with its registered office at: ul. Sobótki 5/1, 80-247 Gdańsk, Poland, operating under the NIP number: PL9570179992, REGON: 192812861.
These Online Store Regulations define the rules for making purchases in the GemsTrue.com online store, in particular the rules and procedure for concluding distance sales contracts via the Store, as well as the complaint procedure and the procedure for withdrawing from the contract by the Consumer.
In the scope of Services provided electronically, these Regulations are the regulations referred to in Art. 9 of the Act on the provision of electronic services of July 18, 2002 (i.e. Journal of Laws of 2020, item 344, as amended).
The Regulations are addressed to all customers of the Store. All customers are required to read the provisions of the Regulations before making a purchase.
Each customer is obliged to comply with the provisions of the Regulations. The sale takes place on the basis of the version of the Regulations in force at the time of placing the order.
Each customer can read the Regulations at any time by clicking on the website of the Store www.gemstrue.com/regulamin “Regulations of the Store”. Regulations can be downloaded and printed at any time.
All information contained on the website of the Store www.sepromeble.pl relating to products (including prices), do not constitute an offer within the meaning of art. 66 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2019, item 1145, as amended), but an invitation to conclude a contract, pursuant to Art. 71 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended). By sending the Order Form, the Customer submits an offer to buy the indicated Good or the indicated Service for the price and under the conditions specified in the description.

2. DEFINITIONS

Statute – this set of regulations that organize the rules of using the Store’s Services by Customers.

Consumer (contracts concluded before January 1, 2021) – a natural person who performs a civil law contract via the Store, not directly related to its business or professional activity.

Consumer (contracts concluded from January 1, 2021) – The following persons are considered by the Consumer:

a natural person concluding a civil law contract through the Store, not related directly to its business or professional activity, and
a natural person concluding a civil law contract through the Store, directly related to its business activity, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Business Activity Records and Information – the so-called “Entrepreneur with Consumer Rights”.

For the purposes of these Regulations, it is assumed that if the two groups of entities are not distinguished, the Regulations apply to both Consumers sensu stricto, as well as Entrepreneurs with Consumer rights.

Client – a natural person (including a Consumer) who is at least 13 years of age (provided that he has obtained the consent of a legal representative), a legal person and an organizational unit that is not a legal person, whose specific provisions grant legal capacity, which uses the Services provided by the Store.

The order form – The service is available on the Store’s website, through which the Customer can make a purchase, in particular by adding Goods or Services to the Cart and defining certain conditions of the Sales Agreement, including method of delivery and payment.

Basket – an element of the Store, in which the Goods or Services selected by the Customer are visible, and in which the Customer has the option of determining and modifying the Order data, including the quantity of Products purchased.

Store – a website belonging to the Seller, available at the domain: www.sepromeble.pl, through which the Customer can purchase Goods or Services from the Seller. Seller – Sebastian Banaś with its registered office at: Kuźnica Trzcińska 12 A, 63-620 Trzcinica, NIP: 6192030447, REGON: 365781078 who, while conducting commercial or professional activity, proposes to sell via his website.

Commodity – a movable item that is traded between the Store and the Customer, whose terms of sale are specified in the Order Form.

Service – economic activity of a non-productive nature, provided without the simultaneous presence of the Seller and the Customer (remotely), through the transfer of data at the individual request of the Customer, sent and received using electronic processing devices, including digital compression, and data storage, which is fully transmitted , received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004 – Telecommunications Law (i.e. Journal of Laws of 2019, item 2460, as amended).

Sales agreement – a distance contract for the sale of Goods or Services concluded by the Customer via the Store, usually through the Order Form.

3. ACCEPTANCE AND FULFILLMENT OF ORDERS

The condition for using the Store is to read and accept these Regulations. By placing an order, the Customer accepts the content of the Regulations.
Orders from customers are accepted via the Order Form sent via the website: www.gemstrue.com or via the e-mail address shop@gemstrue.com.
Placing orders through the store is possible 7 days a week, 24 hours a day.
Ordering the Goods or Services is carried out by selecting the Goods or Services that the Customer is interested in, clicking the “ADD TO CART” button next to the description of the Goods or Services, and then, from the “CART” level in the Store tab, filling in the Form Orders, including the choice of the method of delivery and payment or the choice of payment on delivery, if one is available for the Good or Service, and then clicking on the purchase confirmation.
Entrepreneurs recognized as the so-called Entrepreneurs with consumer rights (see the definition of “Consumer” in these Regulations), concluding contracts after January 1, 2021, will have to indicate, at the time of ordering the Goods or Services, that the purchase is not of a professional nature for them.
After placing the order, the Customer receives an order confirmation to his e-mail address provided in the Order Form.
After the Customer receives confirmation of the offer acceptance, the process of order fulfillment by the Seller begins, whereby:
1. in the case of placing an order payable on delivery – it starts on the next business day, after its confirmation by the Seller.
2. in the case of placing an order paid by traditional transfer – it begins after the payment for the order has been credited to the Store’s bank account.
Orders placed in the Store are processed during the Store’s working hours (on business days, from Monday to Friday, from 8:00 to 18:00. Orders placed on business days after 18:00, on Saturdays, Sundays or holidays will be processed the next business day.
The customer will receive a message that the order has been accepted for execution, which is understood as the Seller’s declaration of acceptance of the offer. Upon its receipt by the Customer, a Sales Agreement is concluded.
A VAT receipt is issued for each order. At the customer’s request, a VAT invoice will also be sent.
The available means of communication between the Customer and the Store are:
a. E-mail – shop@gemstrue.com
b. Phone – +48 601 683 833
c. Address for correspondence – ul. Sobótki 5/1, 80-247 Gdańsk, Polska

The price given in the order is the total value that the customer is obliged to pay (gross price). It includes the tax due. The cost of delivery is not included in the price, as it depends on the method of delivery chosen by the customer.
The Seller reserves the right to change the prices in the Store, introduce new Goods or Services for sale, carry out and cancel promotional campaigns, or make changes to them, in accordance with applicable law.
If the Consumer is obliged to pay in excess of the agreed price, described in the previous paragraph, the Store will immediately inform the Consumer about this fact, explaining the reason for the price difference. The consumer will be charged with additional costs only after obtaining the express consent of the consumer.

4. DELIVERY AND TRANSPORT COSTS

The order is shipped in the Store via: a courier
Orders placed in the Store are processed only on working days. Orders placed on Saturdays, Sundays and public holidays will be processed on the next working day.
The waiting time for the shipment is usually 3-5 business days. The waiting time consists of the order fulfillment time, i.e. completing the Goods for the order, and the expected delivery time, which is from 24 hours in the case of Poland.
The seller is not responsible for delays caused by the fault of the carrier.
When collecting the parcel delivered by the courier, in his presence, the Customer should carefully check the content and completeness of the parcel, the condition of the external packaging and the condition of the ordered Goods. In the event of damage to the parcel, the Customer should prepare a damage report together with the courier, in two identical copies signed by the Customer and the courier.
After prior appointment, it is possible to collect the ordered Goods in person at the stationary store, at the following address: ul. Sobótki 5/1, 80-247 Gdańsk, Poland

5. PAYMENTS

As part of the functioning of the Store, the following payment methods are possible:
1. cash on delivery – upon delivery;
2. by bank transfer to a bank account – Bank: Bank Millennium SA: IBAN: PL 52 1160 2202 0000 0000 3385 4032
3. Payment Przelewy 24
The customer who has chosen the option of payment by bank transfer, is obliged to pay the fee for the order placed within five (5) working days from the date of placing the order. Otherwise, the Seller’s offer is not binding and the order is removed from the system. In the title of the payment, it is enough to enter the number of the order being placed. It is possible to extend the payment deadline, provided that the Store staff is informed of this fact in advance.

6. COMPLAINTS

The Seller is liable under the warranty for physical and legal defects of the Goods, to the extent specified in art. 556 and following of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2019, item 1145, as amended).
A physical defect of the Good consists in the non-compliance of the sold Good with the contract, which takes place when:
- The goods do not have the properties that it should have due to the purpose of the contract, resulting from the circumstances or destination;
- The goods do not have the properties that the Seller provided to the Customer;
- The goods are not suitable for the purpose of which the Customer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such an intended use;
- The goods were delivered to the customer in an incomplete state.
A legal defect of the Goods occurs when the Goods are owned by a third party or are encumbered with the right of a third party, when the restriction in use or regulation results from a decision or judgment of a competent authority.
In the case of the Consumer, the public assurances of the manufacturer or the entity that places the Goods on the market, in the scope of its business activity, or which presents itself as the manufacturer, are treated equally with the Seller’s assurances. However, the Seller shall not be liable if he did not know these assurances or could not know them, or when these assurances could not have influenced the Consumer’s decision to conclude a sales contract, and when the content of these assurances was corrected prior to the conclusion of the sales contract.
The seller is liable under the warranty if a physical defect is found before the expiry of two years from the date of delivery of the item to the customer.
In the case of the Consumer, when a physical defect has been found within one year from the date of the release of the Goods, it is presumed that the defect or its cause existed at the time of the release of the Goods.
If the buyer is a consumer and the physical defect was found within one year from the date of delivery of the sold item, it is presumed that the defect or its cause existed at the time the risk passed to the buyer.
If the Product has a defect, the Customer may submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately replaces the defective Product with a non-defective one or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Product with a non-defective one or remove the defect.
If the product has a defect, the Customer may also request the replacement of the item with a non-defective one or removal of the defect.
The Consumer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Product with a product free from defects, or instead of the replacement of the Product, demand the removal of the defect, unless it is impossible to bring the Product into compliance with the contract in the manner chosen by the Consumer or would require excessive costs compared to the method proposed by the Consumer. The seller.
The customer cannot withdraw from the contract if the defect is irrelevant.
Complaints about the Goods may be submitted:
1. in writing, to the address of the Seller’s seat;
2. by e-mail, to the e-mail address indicated in the confirmation of placing the Order.
The complaint should include:
1. data of the person submitting the complaint (name and surname, correspondence address, optionally – e-mail address and contact telephone number);
2. indication of the reason for the complaint and the content of the request;
3. the Order number appearing in the Order acceptance confirmation;
4. the original or a copy of the proof of purchase (e.g. a receipt or invoice) may facilitate the submission of a complaint, but it is not necessary for its submission.
The customer who exercises the rights under the warranty will deliver the defective Goods, at the expense of the Seller, to the following address: ul. Sobótki 5/1, 80-247 Gdańsk, Poland.
The Seller undertakes to respond to the complaint within fourteen (14) days from the date of its receipt.
If the complaint is justified, the Seller undertakes to replace the defective Product with a Product free from defects or to remove the defect within fourteen (14) days from the date of reporting the complaint by the Customer.
In the event of effective withdrawal from the contract, the Seller undertakes to refund the payment within fourteen (14) days from the date of receipt of the withdrawal, provided that the payment will not be reimbursed until the Goods are returned or the Customer has provided proof of their return.
If the Consumer has requested replacement of the item or removal of the defect, or submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the seller has not responded to this request within fourteen (14) days, it is considered that the request was considered justified .
A claim for the removal of a defect or replacement of the Product with a Product free from defects expires after one year (1) from the date of finding the defect. In the case of a Consumer, the limitation period may not end before the expiry of two (2) years.
The above provisions do not exclude the Seller’s possibility of granting a warranty for the purchased Goods and Services, which is provided for in separate warranty regulations.

7. RIGHT TO WITHDRAW FROM THE AGREEMENT

In accordance with the Consumer Rights Act of May 30, 2014 (i.e. Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the contract for the sale of Goods or Services purchased in the Store, without giving a reason, by submitting an appropriate statement in writing, within fourteen (14) days from the date of delivery of the Goods (i.e. from the date of receipt of the Goods by the Consumer) of receipt of the Service. In order for the Consumer to meet this deadline, it is enough to send a statement before its expiry.
The consumer may withdraw from the contract by submitting a declaration of withdrawal to the Seller. The template of the declaration is attached as Appendix 1 to these Regulations.
The declaration of withdrawal from the contract should be sent to the following address: ul. Sobótki 5/1, 80-247 Gdańsk, Poland
The consumer will return the Goods to the Seller within fourteen (14) days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the Goods before its expiry.
The return of the Goods should be made to the Seller’s address: ul. Sobótki 5/1, 80-247 Gdańsk, Poland
The Seller, within fourteen (14) days from the date of receipt of the declaration of withdrawal from the contract, will return to the Consumer all payments made by him, including the cost of delivering the Goods, but the payment will not be refunded until the Goods are received back or delivered by the Consumer. proof of his return.
The Seller will refund the payment using the same method of payment as used by the Consumer.
The consumer bears the costs of returning the Goods to the Seller.
The right to withdraw from the Sales Agreement is not entitled to the Consumer in relation to the contract:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs;
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
- in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
- in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
- for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
- in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
- for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract;
The right to withdraw from a distance contract is not available to an entity other than the Consumer, within the meaning adopted for the purposes of these Regulations (see the definition of “Consumer”).

8. OUT-OF-COURT DISPUTE RESOLUTION

In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia, With:
- Mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
- Assistance of the competent field of permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
- Free assistance of the municipal or poviat consumer ombudsman.
- Internet ODR platform available at: http://ec.europa.eu/consumers/odr/.
This chapter entitled “Out-of-court dispute resolution” does not apply to one category of persons, described in these Regulations as Consumers, the so-called “Entrepreneurs with consumer rights”, which entered into force for contracts concluded from January 1, 2021. Therefore, for all agreements, this chapter applies only to entities belonging to the so-called Consumer category in the strict sense.

9. PERSONAL DATA PROTECTION

By placing an order, the Customer agrees to the processing of personal data provided by him, for the purpose of processing and handling the order, by the Seller, who is also the administrator of personal data, within the meaning of art. 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection ), OJ L 119, 4.5.2016, p. 1-88.
The administrator of personal data provided by the Customer when using the Store is the Seller.
Personal data in the Seller’s database are not transferred to entities that do not participate in the implementation of the Sales Agreement.
The customer, in accordance with art. 15 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection ), OJ L 119, 4.5.2016, p. 1-88 has the right to access their personal data, may request their correction or deletion. The Seller provides each Customer with the right to control the processed personal data.
Providing personal data is voluntary, however, the lack of consent to the processing of personal data makes it impossible to complete the Customer’s order.
Detailed information on personal data and privacy protection is included in the „Privacy Policy” tab on the Store’s website.

10. FINAL PROVISIONS

The Regulations define the rules for the conclusion and performance of the Contract for the sale of Goods or Services on the Store’s website.
The sales contract is concluded between the Customer and the Seller.
The Regulations are available to all Customers in an electronic version on the Store’s website at www.gemstrue.com
In order to be able to use the Store’s Services, it is necessary to have devices that allow access to the Internet and a web browser that allows you to display websites, as well as provide an e-mail address that allows you to send information regarding the implementation of the order.
It is forbidden for all persons, including customers, to post illegal content on the Store’s website.
In matters not covered by these Regulations, the relevant provisions of generally applicable law shall apply.
The Regulations do not exclude or limit any rights of the Customer who is a Consumer, which he is entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law granting rights to consumers, these provisions shall prevail.
In the event that any of the provisions of these Regulations were or were to become invalid or ineffective, the validity of the entire Regulations in the remainder remains unaffected. In such a case, the Parties will replace the invalid or ineffective provision with another one that reflects the intended economic purpose as closely as possible. This also applies accordingly to any gaps in the Regulations.

11. DRAFT FORM OF AGREEMENT WITHDRAWAL BY THE CONSUMER

………………………………………………
Place, date

Gem Pracownia Bursztynu Wiesława Marcinkowska
ul. Sobótki 5/1,
80-247 Gdańsk, Poland

NIP: PL 9570179992

Withdrawal from the sales contract

I would like to inform you about my withdrawal from the sales contract for the following items:

…………………………………………………………………………………………………………………………………………………………………………

Consumer data: (name, surname, address, telephone number, e-mail address)

…………………………………………………………………………………………………………………………………………………………………………

The date of conclusion of the contract: …………………………………….

Date of receipt of the goods: …………………………………….

I am asking for a refund of the amount ………………….
(in words: …………………………………………………………. ……………………………………………………………………………)

to a bank account: ……………………………………………………………………………………………………………………

CUSTOMER’S SIGNATURE

……………………………………