Conditions d'utilisation
TABLE OF CONTENTS
OF THE TERMS AND CONDITIONS OF THE ONLINE STORE
2. ELECTRONIC SERVICES IN THE ONLINE STORE 3
3. TERMS FOR THE CONCLUSION OF THE SALE CONTRACT 6
4. METHODS AND TIME LIMITS FOR PAYING FOR THE PRODUCT 7
5. PRODUCT DELIVERY COSTS, METHODS AND PERIODS 8
7. OUT-OF-COURT COMPLAINT AND CLAIM PROCEDURES AND RULES FOR AVAILABILITY OF SUCH PROCEDURES 9
8. RIGHT TO WITHDRAW FROM THE CONTRACT 10
9. PROVISIONS CONCERNING ENTREPRENEURS 11
11. CONTRACT WITHDRAWAL FORM 13
1. GENERAL PROVISIONS
1.1. Definitions:
BUSINESS DAY - one day from Monday to Friday, excluding statutory holidays.
REGISTRATION FORM - a form available in the Online Store that can be used to create the Account.
ORDER FORM - an Electronic Service, an interactive form available in the Online Store that enables the placement of the Order, including, in particular, by adding Products to the Cart and specifying the terms of the Sale Contract, including the method of delivery and payment.
CUSTOMER -
- a natural person with full capacity to make acts in the law, and in the situations stipulated by the generally applicable law - also a natural person with limited capacity to make acts in the law; or
- a legal person; or
- an unincorporated entity with statutory legal capacity - entering or intending to enter into an Electronic Services Contract or a Sale Contract with the Seller.
CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
CONSUMER - a customer who enters into the Sale Contract for purposes not directly related to their economic or professional activity.
ACCOUNT - a web page made available to the Customer to use all the services offered by the Online Store that is available after filling out the Registration Form and logging in, used, in particular, to collect information about the Customers.
CART - a function of the Online Store that enables the performance of the Sale Contract and can be used to save the Products selected by the Customer.
NEWSLETTER - an Electronic Service of distribution provided by the Seller by e-mail that enables all the Customers who use it to automatically receive digital content from the Seller, in the form of periodic “newsletter” e-mails with information about the Products, new offerings and special offers.
PRODUCT - a movable item available in the Online Store, sold under the Sale Contract. The Online Store offers Products described:
- in terms of identity - which is expressly indicated by the following description:
“The item to be sold is the specimen shown in the photo” - whereas in this case, the offer of the Online Store concerns the item shown in the photo;
or - in terms of type - which means that the photo shown in the Online Store is provided for reference only, which is reflected by the description of the Product as a “Reference photograph” - in which case, the photo shows a random specimen of the item.
TERMS AND CONDITIONS - these terms and conditions.
ONLINE STORE - the online store and website of the Seller available at https://sylviacrystals.com via which the services described in these Terms and Conditions are provided.
SELLER - Sylvia Crystals Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Wodzirejow 3, 02-824 Warsaw entered in the register of entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw 13th Commercial Division of the National Court Register, under KRS (National Court Register Number): 0000907008, share capital: PLN 5000.00, e-mail address: contact@sylviaworld.com, phone number: +48 724 00 00 33.
SALE CONTRACT - a contract for the sale of the Product entered into or concluded between the Customer and the Seller via the Online Store.
ELECTRONIC SERVICE - a service provided by electronic means by the Seller for the Customer via the Online Store.
CONSUMER RIGHTS ACT, THE ACT, CRA - the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended).
TRADE INSPECTORATE ACT - the Trade Inspectorate Act of 15 December 2000 (Journal of Laws of 2001, No. 4, item 25, as amended).
ESA - Electronic Services Act of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended).
ORDER - a declaration of will of the Customer made using the Order Form and intended directly to conclude a Sale Contract.
1.2. The Terms and Conditions are addressed both to Consumers and entrepreneurs using the Online Store unless the specific provision of the Terms and Conditions stipulates otherwise and is addressed exclusively to Consumers or entrepreneurs.
1.3. The Controller of the personal data processed in the Online Store in connection with the provision of Electronic Services and Sale Contracts is the Seller. The personal data are processed according to the purposes, scope, basis and rules indicated in the privacy policy published at sylviacrystals.com. The privacy policy mainly contains the principles for personal data processing by the Controller on the Website, including the basis, purposes and scope of personal data processing and the rights of the data subjects as well as information about the use of cookies and analytical tools in the Online Store. Using the Online Store and the related sharing of personal data by the Customers to provide services and enter into contracts is voluntary, excluding the exceptions indicated in the privacy policy (entering into the contract and statutory obligations of the Seller).
ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The Online Store enables the following Electronic Services: Account, and Newsletter.
2.2. Account - created using the Registration Form
2.2.1. Using the Account is possible after the Customer performs all the following steps:
- entering the e-mail address,
- clicking “Continue”;
- entering the unique login code;
- clicking “Submit”.
2.2.2. In the Account, the Customer can enter the following data: first name and last name, e-mail address and phone number.
2.2.3. The Customer can delete the Account (opt out of the Account), at any time and without stating the reasons there for, by sending a relevant request to the Service Provider, in particular, by e-mail to: atelier@sylviaworld.com or in writing to: ul. Wodzirejów 3, 02-834 Warszawa.
2.2.4. After gaining access to the Account, the Customer can use the following functions:
- communication between the Seller and the Customer, including, in particular, with respect to the contracts referred to in the Terms and Conditions;
- viewing and changing the personal data of the Customer and the Order history.
2.2.5. The Customer is responsible for the actions or omissions of another party they permit to use their Account as for their own actions or omissions. The Seller is not responsible for the consequences of the use of the Account contrary to the applicable law, the Terms and Conditions or the principles of community living or customs adopted in this regard, including, in particular, not being responsible for the content published in the Account by the Customer or the party permitted to use the Account.
2.3. Newsletter
2.3.1. The Newsletter is used when the Customer provides the e-mail address in the “Newsletter” section visible on the website of the Online Store to which subsequent editions of the Newsletter are to be sent and clicks the action box.
2.3.2. The Customer can also sign up for the Newsletter by checking the relevant checkbox when placing the Order - the Customer subscribes to the Newsletter when they place the Order.
2.3.3. The Seller shall deliver the Newsletter by e-mail to the e-mail address provided at the time the Customer created the Account, in the form of an e-mail.
2.4. Provisions concerning Electronic Services
2.4.1. Electronic Services are provided free of charge for an indefinite period. The Customer may, at any time and without stating the reason therefor, terminate the contract for Electronic Services (opt out of Electronic Services), with immediate effect upon delivery by sending a relevant request to the Seller, including, in particular, by sending an e-mail to the address: atelier@sylviaworld.com or in writing to the address: ul. Wodzirejów 3, 02-834 Warszawa, or via the Account.
2.4.2. Technical requirements for Electronic Services
Technical requirements to connect to the ICT system used by the Seller:
- a computer, laptop or another device with Internet access;
- e-mail access;
- web browser: Mozilla Firefox 17.0 or later or Internet Explorer 10.0 or later, Opera 12.0 or later, Google Chrome 23.0 or later, Safari 5.0 or later, Microsoft Edge 25.10586.0.0 or later;
- recommended minimum screen resolution: 1024x768;
- enabling Cookies and Javascript in the web browser.
2.5. To the best of the Seller’s knowledge, the Customer can also connect to the ICT system using browsers other than those listed in paragraph 2.4.2, but only the above-mentioned browsers are covered by the Seller’s assurance of correct operation of the ICT system.
2.6. The Seller uses technical and organisational means to enable the use of the Electronic Services in order to restrict unauthorised access. More information about the security measures used by the Seller is available in the privacy policy at: sylviacrystals.com.
2.7. The results of the Electronic Services are delivered in electronic form, including in the form of e-mail text and HTML code, jpg, png or other image files that are compatible with each device enabling the display of such content. Electronic Services include functions (including cookies) that enable the display of the content and delivery of feedback informing the Seller if the content was read and if the links were accessed.
2.8. Using the Electronic Services may involve threats characteristic of online activity. The Customer represents that they are aware of the threats present on the Internet, including, in particular, the possibility of the passwords being hijacked by third parties or the Customer’s devices being infected with viruses and the losses that may occur as a result of such incidents. The Customer is obliged to keep secret the passwords and login details for the Account. Upon the Customer’s request, the Seller submits current information about specific risks connected with the use of the Electronic Services in the form of an e-mail.
2.9. The Customer agrees to use the Electronic Services according to the provisions of the law and good practices, to respect the personal rights, copyrights and intellectual property rights of the Seller and third parties. When using the Electronic Services, the Customer cannot deliver (send, generate) unlawful content.
2.10. All content provided to the Customer via the Online Store is subject to the protection stipulated in the law, including, in particular, as works under the Copyright and Related Rights Act of 4 February 1994 (Journal of Laws of 1994, No. 24, item 83, as amended); as a database under the Database Protection Act of 27 July 2001 (Journal of Laws of 2001, No. 128, item 1402, as amended); and as a business secret under the Unfair Competition Act of 16 April 1993 (Journal of Laws of 1993, No. 47, item 211, as amended).
2.11. The Seller is not in any case responsible for the content of other websites or electronic services not owned or possessed by the Seller linked to in the Online Store.
2.12. Complaint procedure
Complaints connected with the Electronic Services provided by the Seller and other complaints connected with the functioning of the Online Store (excluding the Product complaint procedure described in section 6 of the Terms and Conditions) can be submitted by the Customer:
- - in writing to: ul. Wodzierejow 3, 02-824 Warszawa;
- - in electronic form by e-mail to: contact@sylviaworld.com;
- - using the electronic form provided in the Online Store.
The description of the complaint should specify the following:
- - information and circumstances concerning the subject of the complaint, including, in particular, the type and date of the irregularity;
- - Customer’s request;
- - contact details of the party submitting the complaint - to make it easier for the Seller to quickly consider the complaint.
These requirements are only meant as recommendations, and they will not affect the effectiveness of complaints if they are submitted without the recommended description, but fulfilling them will make it much easier for us to consider the complaint.
The Seller will address the complaint promptly, but in any case not later than 14 calendar days from the time it is submitted.
3. TERMS FOR THE CONCLUSION OF THE SALE CONTRACT
3.1. The Sale Contract between the Customer and the Seller is entered into after the Customer places an Order for the Product via the Order Form in the Online Store.
3.1.1. Order Form - using the Order Form starts when the Customer adds the first Product to the Cart in the Online Store.
3.1.2. The Order is placed when the Customer performs each of the following two steps:
- filling out the Order Form;
- clicking “Pay with PayPal” or another equivalent button indicating that the Customer wants to place an order with the obligation to pay - depending on the selected payment method - on the website of the Online Store after filling out the Order Form;
- - until that time, the Customer can modify the data they enter (to do so, they should follow the messages displayed and the information on the website of the Online Store).
3.1.3. In the Order Form, the Customer has to specify the following data:
- First name and last name / business name,
- address (street, home/apartment number, postal code, place, country),
- e-mail address,
- contact phone number,
- and information concerning the Sale Contract:
- i. Product(s),
- ii. quantity of the Product(s),
- iii. place and method of delivery of the Product(s),
- iv. payment method,
- v. in the case of Customers other than Consumers, it is also necessary to provide the company name and NIP number.
3.1.4. The Order Form is a one-off form, and it is completed when the Customer uses it to place the Order or when they cancel the Order at an earlier stage. The information provided in the Order Form when the Customer places the first order is automatically saved as data assigned to the Account.
3.2. The price of the Product shown on the website of the Online Store is given in PLN or EUR, and it includes taxes. The total price of the Product covered by the Order (including taxes) and the costs of delivery and other costs, and where such fees cannot be determined - the obligation to pay them - are communicated to the Customer in the Online Store at the time they place the Order, also at the time the Customer expresses the wish to enter into the Sale Contract.
3.3. The procedure for entering into the Sale Contract in the Online Store using the Order Form is as follows:
3.3.1. The Sale Contract between the Customer and the Seller is entered into after the Customer places an Order in the Online Store according to paragraph 3.1.1 et seq. of the Terms and Conditions.
3.3.2. After the Order is placed, the Seller shall promptly confirm its receipt and the availability of the Product and accept the Order for processing.
3.3.3. The receipt of the Order and its acceptance for processing is confirmed when the Seller sends a relevant e-mail to the Customer using the e-mail address of the Customer provided at the time of Order placement, which shall include at least the acknowledgement of the receipt and acceptance of the Order by the Seller and the availability of the Product and confirmation of the conclusion of the Sale Contract. The Sale Contract between the Customer and the Seller is concluded when the Customer receives the above-mentioned e-mail.
3.4. The content of the Sale Contract is recorded, secured and provided to the Customer by:
- posting the Terms and Conditions on the website of the Online Store, and
- sending the e-mail message referred to in paragraph 3.3.3 above to the Customer.
- the content of the Sale Contract is additionally recorded and secured in the IT system of the Online Store of the Seller and in the Account.
3.5. Products described by type - i.e., in particular, stones, minerals, crystals and other natural objects - vary by nature (including variations in design, shade or shape in comparison with the reference objects shown in the description). Unless the Product description indicates that the “The item to be sold is the specimen shown in the photo”, the Seller does not warrant that the Customer will receive the same object as the one shown in the reference photo. Any discrepancies between the Customer’s expectations and the specific features of the received Products that are described by type are not grounds for complaints.
- 4. METHODS AND TIME LIMITS FOR PAYING FOR THE PRODUCT
4.1. Payment methods
4.1.1. The Seller enables the Customer to use the following methods to pay for the Sale Contract:
4.1.2. electronic payments and payments by credit card/payment card via Paypal.com and Viva.com - the currently available payment methods are specified on the website of the Online Store in the information section concerning the payment methods and on the website: http://www.paypal.com, and http://www.viva.com
Electronic payment transactions and payments by credit/payment card are processed via the following service:
- - Paypal.com - PayPal (Europe) S.à r.l. & Cie, S.C.A with its registered office at L-1150 in Luxembourg;
- - Viva.com - Viva Payment Services Single Member S.A. (Viva Payments), Hellenic Business Registry No. 122191501000
4.2. Due date
4.2.1. When using electronic payments and payments by credit/payment card, the Customer must make the payment promptly after placing the Order.
5. PRODUCT DELIVERY COSTS, METHODS AND PERIODS
5.1. The delivery of the Product to the Customer is free of charge unless the Sale Contract stipulates otherwise.
5.2. The costs of delivery of the Product are indicated to the Customer on the web pages of the Online Store in the section with information about the delivery costs and at the time of placement of the Order, also at the time the Customer declares their intent to be bound by the Sale Contract.
5.3. The Seller delivers the purchased Products by courier service. They can also be collected personally at the Seller’s Showroom in Warsaw.
- 5.4. The period for the delivery of the Product to the Customer is up to 5 Business Days unless a different period is specified in the description of the Product or at the time of Order placement. In the case of Products with different delivery periods, the delivery date is the longest of the specified periods, which shall not, however, exceed 21 Business Days. The run of the period for the delivery of the Product to the Customer starts when the bank account or business account of the Seller is credited. If the Customer has selected the option of self-collection, the indicated period is the period after which the Products will be ready for pick-up.
5.5. If the courier package is not collected or if the Products are not picked up from the self-collection point within 2 days of the date of readiness, it shall be deemed that the Customer has withdrawn from the contract.
6. PRODUCT COMPLAINTS
6.1. The basis and scope of the Seller’s liability to the Customer if the Product sold has a physical or legal defect (implied warranty) are specified in the generally applicable law, including, in particular, the Civil Code (including, in particular, Articles 556-576 of the Civil Code).
6.2. The Seller shall deliver the Product to the Customer in a condition consistent with the Sale Contract. Specific information about the responsibility of the Seller on the account of defects in the Product and the rights of the Customer are specified on the website of the Online Store in the section with information about complaints.
6.3. The complaint can be submitted by the Customer:
- - in writing to: ul. Wodzierejow 3, 02-834 Warszawa;
- - in electronic form by e-mail to: contact@sylviaworld.com;
6.4. Content of the complaint
In the description of the complaint, the Customer should specify the following:
- (1) information and circumstances concerning the subject of the complaint, including, in particular, the type and date of occurrence of the defect;
- (2) the request that the Product be made consistent with the Sale Contract or a statement on the reduction of the price or withdrawal from the Sale Contract; and
- (3) contact details of the party submitting the complaint - to make it easier for the Seller to quickly consider the complaint.
These requirements are only meant as recommendations, and they will not affect the effectiveness of complaints if they are submitted without the recommended description, but fulfilling them will make it much easier for us to consider the complaint.
6.5. The Seller will address the Customer’s complaint promptly, but in any case not later than 14 calendar days from the time it is submitted.
6.6. If the Customer is a Consumer and requests that the item be exchanged, that the defect be rectified or that the price be reduced, specifying the amount of such a reduction, and the $Seller fails to reply to the request within 14 calendar days, it will be deemed that they have admitted the request as reasonable.
6.7. If the Customer exercises their rights under the implied warranty, they are obliged to deliver the faulty Product to: ul. Wodzirejów 3, 02-834 Warszawa.
6.8. If the Customer is a Consumer, the cost of delivering the Product shall be born e by the Seller; if the Customer is not a Consumer, the cost of delivery shall be borne by the Customer.
7. OUT-OF-COURT COMPLAINT AND CLAIM PROCEDURES AND RULES FOR AVAILABILITY OF SUCH PROCEDURES
7.1. Specific information about how the Customer who is a Consumer can use out-of-court methods of resolving complaints and pursuing claims and the rules for the availability of such procedures can be found on the website of the Office of Competition and Consumer Protection (UOKiK) at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_spor...
7.2. The President of the Office of Competition and Consumer Protection also provides a contact point (phone number: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl, or mail address: Pl. Powstańców Warszawy 1, 00-030 Warszawa), whose duties include, in particular, assisting consumers with the out-of-court resolution of consumer disputes.
7.3. The Consumer may use the following out-of-court complaint and claim procedures (among others):
- (1) a request to settle the dispute filed with the permanent arbitration consumer court (more information can be found at: http://www.spsk.wiih.org.pl/);
- (2) a request for the out-of-court resolution of a dispute filed with the provincial inspector of the Trade Inspectorate (more information can be found on the website of the inspector local to the place of business of the Seller); and
- (3) the assistance of the county (municipal) consumer ombudsman or a public organisation whose statutory duties include consumer protection (e.g., Consumers' Federation, Association of Polish Consumers). Advice is given, among others, by e-mail at porady@dlakonsumentow.pl and at the number of the consumer hotline: 801 440 220 (helpline open on Business Days between 8:00 AM and 6:00 PM, calls will be charged at local rates).
7.4. The Customer can also use the platform of the online system for the resolution of disputes between consumers and traders on the EU level (ODR platform) at: http://ec.europa.eu/consumers/odr.
The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and traders seeking an out-of-court resolution of a dispute concerning contractual obligations arising from an online sale contract or a service contract (more information can be found on the website of the platform and the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/).
8. RIGHT TO WITHDRAW FROM THE CONTRACT
8.1. Time limit
A consumer who has signed a contract remotely may withdraw from it within 14 calendar days from signing it, for convenience and without any costs, excluding the costs defined in paragraphs 8.7 and 8.9 of the Terms and Conditions and excluding the contracts concerning the services and products described in detail in paragraph 8.8. The above-mentioned time limit will not be deemed exceeded if the notice is sent before its expiry.
The contract withdrawal notice can be submitted:
- in writing to: ul. Wodzierejow 3, 02-834 Warszawa;
- in electronic form by e-mail to: contact@sylviaworld.com
8.2. Withdrawal form
A sample form for withdrawal from the contract has been included in Annex No. 2 to the CRA, and it has also been included in section 11 of the Terms and Conditions. The Consumer can use the form, but this is not obligatory.
8.3. The run of the time limit
The run of the time limit for withdrawal from the contract begins:
8.3.1. For a contract under which the Seller issues the Product while being obliged to transfer its ownership (e.g., Sale Contract) - from the time the Product is taken over by the Consumer or a third party other than the carrier indicated by the Consumer, and if the contract concerns multiple products delivered separately, in batches or in parts - from the time the Consumer receives the last Product, batch or part.
8.3.2. For the remaining contracts - from the time the contract is executed.
8.4. Effect of withdrawal
8.4.1. If the Consumer withdraws from a distance contract, the contract is considered void.
8.4.2. The Seller is obliged to refund all of the Consumer’s payments to the Consumer promptly, within 14 calendar days from receiving the Consumer’s Contract withdrawal notice, including the costs of delivery of the Product (excluding the additional costs arising from the delivery method selected by the Consumer if it is different from the least expensive delivery method available in the Online Store).
8.4.3. The Seller shall refund the payment using the payment method used by the Consumer unless the Consumer expressly consents to a different refund method that does not generate any costs on the part of the Seller.
8.4.4. If the Seller has not proposed to collect the Product from the Consumer, it may wait with the refund of the payments received from the Consumer until the Product is sent back or until the Consumer provides proof that it has been sent back, whichever is sooner.
8.5. The Consumer has to return the Product to the Seller or hand it over to the person authorised by the Seller for pick-up promptly, but in any case not later than within 14 calendar days from the date of withdrawal, unless the Seller has proposed to collect the Product itself. The above-mentioned time limit shall not be deemed exceeded if the Product is sent back before its expiry. The Consumer may return the Product to: ul. Wodzierejow 3, 02-834 Warszawa.
8.6. The Consumer is liable for the reduction of the value of the Products caused by the use of the items exceeding the use necessary to establish the type and characteristics of the Product.
8.7. Potential costs connected with the withdrawal from the contract by the Consumer that the Consumer must pay:
8.7.1. If the Consumer has selected a method of Product delivery other than the least expensive regular method of delivery available in the Online Store, the Seller will not be obliged to refund the extra costs to the Consumer.
8.7.2. The Consumer will bear the direct costs of the return of the Product to the Seller.
8.8. The Consumer does not have the right to withdraw from a remote contract in the following cases:
8.8.1. a contract for the provision of services if the Seller has fully performed the service upon the Consumer’s express consent, and the Consumer was informed before the provision of the service commenced that the provision of the service by the Seller would void the Consumer’s right to withdraw from the contract;
8.8.2. a contract where the price or remuneration depends on fluctuations on the financial market that are beyond the Seller's control and that may occur before the lapse of the period for withdrawal from the contract;
8.8.3. a contract where the deliverable is a non-prefabricated item, produced in accordance with the Consumer's specifications or designed to meet the Consumer's individual needs, customised according to the instructions of the customer to specific dimensions;
8.8.3.1. The non-prefabricated products referred to in paragraph 8.8.3 that cannot be returned under Article 38(1)(3) of the CRA include, in the case of the online store, among others: (i) products of non-standard size; (ii) products with dimensions adapted to the customer’s request; (iii) products whose features and components have been modified (e.g., by adjusting, altering, adding, removing, dying or sewing on) upon the express request of the customer.
8.8.4. a contract where the deliverable is a Product delivered in sealed packaging that cannot be returned for reasons related to health and hygiene if the packaging is opened after delivery;
8.8.4.1. Products subject to the restrictions of return as referred to in paragraph 8.8.4 that are offered in the Online Store have special security features whose removal is equivalent to the opening of the packaging.
8.9. Under Article 34(4) of the CRA, the Customer will be liable for any reduction of the value of the Products caused by any use of the Products other than the use necessary to establish the type, characteristics and working order of the Products. Considering the exclusive nature of the Online Store and the offered Product, we advise of the following examples of circumstances that may result in the Customer’s financial liability due to the reduced value of the Products: (i) signs of use; (ii) marks on the product caused by the removal of the tag; (iii) contamination of the Product - including olfactory and chemical contamination; (iv) discolouration and stains; (v) mechanical damage.
8.10. Some of the Products, due to their exclusive nature and high value, cannot be sent back by regular mail. In the case of such Products, the Customer will be advised at the time of order placement of the amount of direct costs connected with the return of the above-mentioned Products and the need to incur them upon the withdrawal from the contract.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. These Terms and Conditions and the provisions they include only apply to Customers other than Consumers.
9.2. The Seller may withdraw from a Sale Contract entered into with a Customer who is not a Consumer within 14 calendar days from the date of its execution.
The withdrawal from the Sale Contract in such a situation may take place without stating the reasons therefor, and it does not entitle Customers other than Consumers to any claims against the Seller.
9.3. In the case of Customers other than Consumers, the Seller may limit the available payment methods, including the right to require an advance payment in whole or in part, irrespective of the payment method selected by the Customer and the execution of the Sale Contract.
9.4. As of the time the Product is handed over by the Seller to the carrier, all the benefits and burdens connected with the Product and the risk of accidental loss of or damage to the Product shall be transferred to the Customer other than a Consumer. In such a situation, the Seller is not liable for the loss or missing content of the Product or damage to the Product occurring from the time the Product is received for transport until it is issued to the Customer and for the delay in the transport of the package.
9.5. If the Product is sent to the Customer via the carrier, a Customer who is not a Consumer is obliged to examine the package in the time and using the method customary for such shipments. If the Customer finds that a part of the Product has gone missing or that the Product has been damaged during transport, they shall perform all the actions required to determine the liability of the carrier.
9.6. According to Article 558(1) of the Civil Code, the liability of the Seller under the implied warranty for the Product to a Customer who is not a Consumer shall be excluded.
9.7. The liability of the Seller to a Customer who is not a Consumer, regardless of the legal basis, is limited both with respect to a single claim and with respect to all claims to the amount of the price and the costs of delivery under the Sale Contract and shall not, in any case, exceed PLN 10 thousand. The Seller is liable to Customers other than Consumers only for typical damage foreseeable at the time of execution of the contract, and it shall not be liable for lost profits to a Customer other than a Consumer.
9.8. Any disputes arising between the Seller and a Customer who is not a Consumer will be submitted to the court local to the Seller.
10. FINAL PROVISIONS
10.1. Contracts entered into via the Online Store are concluded in Polish.
10.2. Amendments to the Terms and Conditions:
10.2.1. The Seller reserves the right to amend the Terms and Conditions for important reasons, i.e.: amendments of the law; changes in methods of payment and delivery and changes in the scope as well as the forms of the provided Electronic Services - to the extent to which such changes affect the implementation of these Terms and Conditions.
10.2.2. If continuous contracts are entered into under these Terms and Conditions (e.g., provision of an Electronic Service
- - Account), the amended terms and conditions shall bind the Service Recipients if the requirements specified in Articles 384 and 384[1] of the Civil Code have been observed, i.e., if the Service Recipient has been correctly notified of the changes and has not terminated the contract within 14 calendar days of the date of the notification. If the change of the Terms and Conditions results in the introduction of any new fees or the increase of the existing fees, a Customer who is a Consumer may withdraw from the contract.
10.3. If contracts other than continuous contracts (e.g., Sale Contracts) are entered into under these Terms and Conditions, amendments to the Terms and Conditions will not, in any way, prejudice the acquired rights of Customers other than Consumers before the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions will not affect any Orders that are being placed or have been placed and any concluded, performed or completed Sale Contracts.
10.4. The Seller can be contacted:
10.4.1. by e-mail at: contact@sylviaworld.com;
10.4.2. using the chatbot available via the Online Store;
10.4.3. by phone: +48 724 000 033 from Monday to Friday (excluding holidays) from 10:00 AM to 8:00 PM; on Saturday from 10:00 AM to 4:00 PM;
10.4.4. by mail to: ul. Wodzirejów 3, 02-824 Warszawa.
10.5. Matters not regulated in these Terms and Conditions are governed by the generally applicable Polish law, including, in particular, the Civil Code, ESA, CRA and other applicable provisions of the generally applicable law.
11. CONTRACT WITHDRAWAL FORM
(FILL OUT AND SEND BACK ONLY IF YOU WANT TO WITHDRAW FROM THE CONTRACT)
Sylvia Crystals Spółka z ograniczoną odpowiedzialnością z siedzibą w Warszawie, ul. Wodzierejow 3, 02-834 Warszawa
- - I/We(*) hereby inform that I/We(*) wish to withdraw from the contract for the sale of the following items(*) contract for the delivery of the following items(*) contract for service(*) contract for specific work involving the manufacture of the following items(*)
- - Date of conclusion of the contract(*) / collection(*)
- - First name and last name of the consumer(s)
- - Address of the consumer(s)
- - Signature of the consumer(s) (only if the form is sent in paper form)
- - Date
(*) Delete as appropriate.
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