TERMS AND CONDITIONS OF THE GIORRE ONLINE SHOP

defining the rules of fulfilling orders placed via the giorre.com website.

§ 1

GENERAL PROVISIONS

These Rules and Regulations are the rules referred to in Article 8 of the Act of 18 July 2002 on electronic services (Journal of Laws No. 144, item 1204, as amended). These Terms and Conditions set out the rules for the use of an online shop available at the fdivlowing website: giorre.com (hereinafter: GIORRE or GIORRE online shop) by Users. Registration and use of the GIORRE online shop is conditional on acceptance of the provisions of these Terms and Conditions. Each GIORRE customer declares that he/she has familiarized himself/herself with its contents before concluding the contract.

§ 2

DEFINITIONS

  1. Personal Data Administrator - Silvexcraft Mateusz Wójcik Sp. k. based in Tyczyn, 5 Orkana Street, 36-020 Tyczyn, having the numbers: NIP: 5170373027, REGON: 363361395, KRS: 0000588340, e-mail address: [email protected], tel: +48 505 205 404.
  2. Cookies – small text information created by the User's web browser to support the operation of the programme.
  3. GIORRE – a retail system in the form of an online shop, operating at giorre.com, whose owner is Silvexcraft Mateusz Wójcik Sp. k. with its registered office at Orkana 5, 36-020 Tyczyn, holding the following numbers: NIP: 5170373027, REGON: 363361395, KRS: 0000588340, which enables placing and accepting orders for jewellery articles, etc.
  4. Password – a unique series of characters (numbers or letters) chosen by the Customer, which the Customer assigns in the GIORRE online shop system for the purpose of confirming his/her identity.
  5. Consumer – a customer who is a natural person using the GIORRE online shop, including in particular making purchases, for purposes not directly related to his/her business or professional activity (pursuant to Article 221 of the Act of 23 April 1964 - Civil Code).
  6. Customer or user – a legal person, an organizational unit that is not a legal person and to which the Act grants legal capacity, a natural person that is not a consumer, within the meaning of the Civil Code, including a natural person entering into a sales agreement with GIORRE directly related to its business activity, when it follows from the content of the agreement, that it is not of a professional nature for him/her, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register of Business Activity and Information, or a Consumer with full legal capacity, making purchases in the GIORRE online shop.
  7. Login – a customer identifier in the GIORRE online shop.
  8. Individual Entrepreneur - a natural person concluding a sales agreement with GIORRE directly related to his/her business activity, when it follows from the content of the agreement that it is not of a professional nature for him/her, arising in particular from the subject matter of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
  9. Merchandise - a thing or right that may be the subject of a sale in GIORRE's offering.
  10. User - any person on the GIORRE online sales system.
  11. Order – an order for goods/goods placed by a registered Customer in the GIORRE system.

§ 3

REGISTRATION

  1. Registration on the GIORRE online shop enables the Customer to:
    1. to enter, edit or delete data, including delivery addresses;
    2. placing orders using the data entered by the customer;
    3. creating a shopping list;
    4. viewing of order history;
    5. ordering and unsubscribing from the newsletter;
    6. use of other functionalities made available to registered customers.
  2. In order to register with the GIORRE online shop (create a customer account), you must fill in the online registration form, providing your first and last name, e-mail address, password, landline or mobile phone, address of residence and, in the case of registering an account for a company: company data (company name, company address, VAT ID). Optionally, gender and date of birth may be provided. The customer is obliged to familiarize himself with the provisions of these Terms and Conditions at the latest when placing his first order.
  3. Once the Customer has completed and submitted the registration form, GIORRE shall send a confirmation of registration to the e-mail address provided by the Customer. At this point, the registration process is completed.
  4. Registration on the GIORRE online shop, as well as the use of the GIORRE online shop functionalities, are free of charge. Registration means that the Customer enters into an agreement with GIORRE for the provision of an electronic service consisting of maintaining a Customer account on the terms and conditions set out in these Rules.
  5. After registering in the GIORRE online shop, each time logging in takes place using the data provided in the registration form or subsequently changed using the Customer's account settings.
  6. The account created as a result of registration is maintained for the Customer for an indefinite period of time. The Customer may resign from maintaining an account in the GIORRE online shop and request its deletion at any time. No fees are charged for the resignation and deletion of the account.
  7. Any GIORRE customer may delete his/her own account at any time by sending an e-mail stating: "Please delete my account: _______" (indicate the name of the registered Customer). The email requesting deletion of an account should be sent from the address associated with the Customer account that the registered Customer wishes to remove from the GIORRE service database. All emails concerning the deletion of the account of a given Customer should be sent to the email address: [email protected]. The deletion of the account shall take place immediately and shall imply termination by the Customer of the agreement with GIORRE for the provision of electronic services, the subject of which is the maintenance of the Customer's account.

§ 4

RULES FOR USING THE GIORRE ONLINE SHOP

  1. The services of the GIORRE online shop may be used by all Internet users, provided that the registration process on the giorre.com website has been completed and the following minimum technical requirements have been met by the registered client's ICT system: a) having access to the Internet service, b) having a working broadband Internet browser, c) having an active e-mail account.
  2. Making orders in the GIORRE online shop is possible 24 hours a day, all days of the year, except when the website cannot be displayed due to maintenance breaks or other technical reasons. Order processing takes place on working days.
  3. A customer of the GIORRE online shop is obliged to use the services of the GIORRE online shop in a manner consistent with applicable law, the provisions of these Rules and Regulations, and the principles of social co-existence and good customs.
  4. A customer of a GIORRE online shop may not: a) use the GIORRE online shop for purposes other than those resulting from its nature and subject matter; b) promote other websites by placing addresses of other online shops on the GIORRE website, or advertise or promote its own activities; c) negatively affect the functioning of the GIORRE online shop by, inter alia by acting with viruses or other computer code, files or programs that interrupt, destroy or limit the operation of the GIORRE online shop or computer equipment or otherwise allow unauthorized use of or access to a computer or computer network, d) undertake activities through which a person or entity carrying them out may influence other Customers or act to the detriment of Customers, Administrators or other third parties, e) use materials posted within the GIORRE online shop for purposes other than within the scope of permitted use.
  5. The Customer is obliged to keep the login and password to his/her account in the GIORRE online shop confidential. Within the limits resulting from generally applicable legal regulations, the Customer shall be responsible for all activities related to the use of the login and password to a given account in the GIORRE online shop, with the password being confidential information for the Customer's exclusive information.

§ 5

PERSONAL DATA

  1. The personal data provided by customers in the GIORRE online shop (including in the process of registering an account, in the process of using the GIORRE online shop, including making purchases in the GIORRE online shop) are processed by Silvexcraft Mateusz Wójcik Sp. k. with its registered office in Tyczyn, ul. Orkana 5, 36-020 Tyczyn, holding the following numbers: NIP: 5170373027, REGON: 363361395, KRS: 0000588340 (personal data administrator).
  2. The provision of personal data by the Customer is voluntary; however, it is necessary to make purchases and use those services provided electronically by GIORRE which require the provision of personal data. GIORRE processes personal data in order to provide services electronically, to conclude with the Customer and to perform sales agreements for products ordered by the Customer in the GIORRE online shop, and, in the case of the Customer's consent referred to in § 15(1) of these Rules, also to provide a newsletter service.
  3. The Customer has the right to access the content of his/her personal data and to correct and delete it. Personal data can be corrected or deleted after logging into the Customer's account. By providing data, the Customer declares that the personal data provided are his/her own.
  4. Detailed provisions on the protection of the Customer's personal data in connection with the applicable Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (RODO) can be found on the GIORRE online shop website under Privacy Policy.

§ 6

DETAILS OF GOODS

  1. GIORRE warns that the photographs of the goods shown on GIORRE's website may deviate slightly from the actual appearance of the goods due to the nature of the goods offered by GIORRE.
  2. The dimensions of the goods offered by GIORRE, such as the length, width, diameters of the products or the holes in certain products, are for information purposes only and may deviate slightly from the actual dimensions of the products described by approximately 5% (in words: five percent), which is due to the specific nature of the products and their very small size.

§ 7

PRICES AND TAXES

  1. The prices of goods offered by GIORRE are gross prices, including applicable taxes.
  2. The price for a purchase made at GIORRE that binds the Customer shall be the price of the goods as stated at the time the Customer expresses his or her willingness to be bound by the contract on GIORRE's website plus the cost of shipping the goods to the address indicated by the Customer.
  3. GIORRE informs that in the case of an order placed by a Customer from outside the customs territory of the European Union, the Customer may incur other, additional costs related to the so-called customs debt (customs duty), i.e. the obligation of the buyer (Customer), who is the importer of the goods in question, to pay freight charges.

§ 8

ORDER PROCESSING

Step 1

Payment for a placed order - The processing of the order shall be initiated as soon as GIORRE has received payment of 100% of the order price.

Step 2

Documentation of payment - GIORRE shall, upon recording payment for the order, issue the relevant sales document in the form prescribed by law.

§ 9

ORDER CONFIRMATION

  1. Placing an order constitutes an offer by the Customer to purchase the Goods that are the subject of the order.
  2. Once an order has been placed, GIORRE sends, to the e-mail address provided by the Customer on the form, information constituting an order registration confirmation, which is GIORRE's statement of acceptance of the offer made by the Customer.
  3. GIORRE shall indicate clearly and legibly on the website the method of delivery of the Goods and the accepted methods of payment.
  4. At the latest when the Customer expresses his or her will to be bound by the contract with GIORRE by means of clear and comprehensible information on the website of the online shop, GIORRE shall perform its information obligations, including, inter alia, those indicated in Article 12 of the Act of 30 May 2014 on consumer rights, and in particular information on the main characteristics of GIORRE's performance, GIORRE's designation, the total price, the right to withdraw from the contract.
  5. Immediately prior to placing the order, GIORRE shall provide the Customer with information in a clear and visible manner on the website about the main features of the performance including the subject matter and the method of communication with the Customer, the total price for the Goods including taxes, as well as the charges for transport, delivery, courier services.
  6. GIORRE shall ensure that the Customer, at the time of placing the order, expressly confirms that he/she knows that the order entails an obligation to pay, which is done by clicking on the button "Confirm order with obligation to pay".
  7. The Customer agrees that GIORRE may send VAT invoices and correction invoices electronically without the issuer's signature to the e-mail address provided when placing the order. VAT invoices and correction invoices will be issued, sent and archived by GIORRE in accordance with the legal provisions, in particular with respect to their integrity and authenticity.
  8. If GIORRE cannot fulfil the performance due to the fact that the object of the performance is not available, GIORRE shall notify the Customer at the e-mail address provided when placing the order or by telephone and shall refund the amounts paid immediately, but at the latest within 14 days of the conclusion of the contract in the event that the Customer has chosen the prepayment option.

§ 10

DISPATCH OF GOODS, ORDER LEAD TIME

  1. The standard shipping procedure for an order involves one bulk shipment of all the Goods ordered by the Customer from a given order.
  2. The GIORRE system automatically estimates the cost of delivery of the Goods to the Customer, indicating the shipping price next to the value of the ordered Goods
  3. GIORRE also informs that in the case of a non-standard order placed by the Customer (weight, dimensions of the Goods), there is a possibility of changing the delivery price of the ordered Goods compared to the price automatically generated by the GIORRE system (when the real delivery cost of the Goods resulting from the price list of the courier company is changed or calculated in a different manner than the one made by the GIORRE system) due to the weight or dimensions of the parcel. In such a situation, a GIORRE representative will contact the GIORRE Customer each time (by e-mail or telephone) in order for the Customer to accept the changed delivery price of the ordered Goods.
  4. Once GIORRE has dispatched the purchased Goods, the Customer will receive an email with details of the order placed, including the type of Goods ordered and the price of the Goods, together with the shipping costs. Once GIORRE has dispatched the Goods ordered by the Customer, the Customer will be informed that the Goods have been dispatched to the address provided by the Customer.
  5. The processing time of an order is the time counted from the next working day following the day on which the funds are credited to the Company's account to the day on which the order is handed over to the courier company. - from 1 - 3 working days for orders of standard products, - additionally from 1 - 5 working days for orders of personalised products - mixed orders (standard product and personalised product) are treated as orders of personalised products
  6. Shipping time a) UPS™ shipping: 1 to 8 working days; b) GLOBAL EXPRESS shipping: 2 to 10 working days.
  7. GIORRE would like to inform you that during the festive period (Easter, Christmas) as well as during Valentine's Day, Women's Day and Black Friday, the lead time may be extended due to the large number of orders placed during these periods.

§ 11

PAYMENTS

  1. The Customer has the option to pay for the Goods via the payment systems PayU, PayPal and PayNow.

    Payments can be made via payment cards:

    • Visa
    • Visa Electron
    • MasterCard
    • MasterCard Electronic
    • Maestro

    The online payment service provider for card payments is Blue Media S.A..

  2. If there is a need to refund funds for a transaction made by the Customer with a payment card, GIORRE shall refund the aforementioned funds to the bank account assigned to the Customer's payment card, subject to § 14.10.

§ 12

PERSONAL COLLECTION

  1. Customers purchasing jewellery in GIORRE's online shop have the option to collect their order in person at the company's registered office in Tyczyn near Rzeszów (address: ul. Orkana 5, 36-020 Tyczyn)
  2. It is possible to collect an order in person at the company's headquarters after selecting the option in the order form: Personal Collection
  3. Personal collection of orders can be done at the company's headquarters from Monday to Friday, from 7:00 a.m. to 3:00 p.m., after receiving a confirmation by e-mail / sms that the order has been completed and is ready for collection.

§ 13

WITHDRAWAL FROM THE CONTRACT

  1. Subject to paragraph 2, the Customer, being a Consumer or an Individual Entrepreneur , who has concluded a distance or off-premises sales contract with GIORRE, shall have the statutory right to withdraw from the contract within 30 days of taking possession of the goods, without giving reasons and without incurring costs. In the event of withdrawal from a distance or off-premises contract, the contract shall be deemed not to have been concluded.
  2. In order to exercise the aforementioned right, the Consumer or Individual Entrepreneur shall submit to GIORRE a declaration of withdrawal from the contract, a specimen of which is attached as Appendix 1 to the Rules.
  3. In the event of withdrawal from the contract in accordance with the procedure set out in § 13.1 of the Regulations, the Consumer or Individual Entrepreneur shall be obliged to return the completed Attachment No. 1, the goods intact and the purchase document or, if there is no such document, any other document confirming the transaction made in a GIORRE shop - to GIORRE at the following address: Silvexcraft Mateusz Wójcik Sp. k. with its registered office at Orkana 5, 36-020 Tyczyn.
  4. The right to withdraw from the contract shall not be granted to the Consumer or Individual Entrepreneur in the cases detailed in Article 38 of the Consumer Rights Act of 30 May 2014, inter alia, in the event that the subject of the performance is a non-refabricated item produced according to the specifications of the Consumer or Individual Entrepreneur serving to satisfy his/her individualised needs.
  5. GIORRE shall return to the Consumer or Individual Entrepreneur all payments made by the aforementioned persons no later than within 14 days of receipt of the Consumer's or Individual Entrepreneur's declaration of withdrawal from the contract.
  6. The Consumer or Individual Entrepreneur exercising the statutory right of withdrawal shall bear only the direct costs of returning the item to GIORRE.
  7. GIORRE may withhold reimbursement of the payment received by the Consumer or Individual Entrepreneur until it has received the item back or the aforementioned persons have provided proof of its return, whichever event occurs first.
  8. GIORRE shall reimburse the payment for the returned Goods based on the content of the document confirming the purchase of the Goods from GIORRE.
  9. The Consumer or Individual Entrepreneur shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.

§ 14

COMPLAINTS

  1. GIORRE shall be liable to the Consumer and the Individual Entrepreneur for defects in Goods on the basis of warranty under the rules set out in the Civil Code.
  2. Complaints about Goods ordered from the GIORRE online shop should be submitted to the e-mail address: [email protected].
  3. Complaints may be lodged using the complaint form available on the website of the online shop: Form-Complaint.
  4. GIORRE will respond to submitted complaints within 14 days of their submission, as well as inform the Consumer or Individual Entrepreneur of the further course of action.
  5. If the Goods have a defect, the Consumer or Individual Entrepreneur may make a declaration to reduce the price or withdraw from the contract, unless GIORRE immediately and without excessive inconvenience for the aforementioned persons replaces the defective goods with defect-free goods or removes the defect. This limitation shall not apply if the Goods have already been replaced or repaired by GIORRE or GIORRE has not complied with its obligation to replace the Goods with defect-free Goods or to remove the defect. The reduced price shall be in such proportion to the contract price that the value of the Goods with the defect remains to the value of the Goods without the defect. The Consumer or Individual Entrepreneur may not withdraw from the contract if the defect is immaterial.
  6. The Consumer or Individual Entrepreneur may, instead of the rectification of the defect proposed by GIORRE, demand the replacement of the Goods with defect-free Goods or, instead of replacing the Goods, demand the rectification of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the aforementioned persons is impossible or would require excessive costs in comparison with the manner proposed by GIORRE.
  7. If the Goods have a defect, the Consumer or Individual Entrepreneur may demand that the Goods be replaced with defect-free Goods or that the defect be removed. GIORRE may refuse to satisfy the Consumer's or Individual Entrepreneur's request if bringing the defective Goods into conformity with the contract in the manner chosen by the Consumer or Individual Entrepreneur is impossible or, compared to the other possible manner of bringing the Goods into conformity with the contract, would require excessive costs. GIORRE shall be liable under the warranty if a physical defect is discovered before the expiry of two years.
  8. The Consumer or Individual Entrepreneur exercising warranty rights shall be obliged to deliver the defective Goods to GIORRE's address. If the Goods are repaired or replaced with new ones, GIORRE shall reimburse the necessary costs incurred by the aforementioned persons, including the costs of delivering the Goods to GIORRE without delay, but at the latest within 14 calendar days of the acknowledgement of the complaint.
  9. In the event of a declaration of withdrawal from the contract or price reduction, GIORRE shall reimburse the selling price of the Goods paid by the Consumer or Individual Entrepreneur, the shipping costs of the Goods to the aforementioned person, the costs incurred for the delivery of the Goods to GIORRE and other reasonable and necessary costs related to the complaint without delay, but at the latest within 14 calendar days of acknowledging the complaint.
  10. The payment shall be reimbursed using the same method of payment used by the Consumer or Individual Entrepreneur, i.e. to the bank account from which the transfer for the Goods was made or to the bank account associated with the payment or credit card used to make the payment for the Goods. In the event that the Consumer or Individual Entrepreneur has paid for the Goods in cash on delivery, the payment shall be refunded to the bank account number indicated by the Consumer or Individual Entrepreneur via the e-mail form, which shall not incur any costs for the Consumer or Individual Entrepreneur and requires his express consent.
  11. Complaints concerning non-performance or improper performance of electronic payment services made using a payment card or other payment instrument should be addressed to the bank issuing the payment card - in accordance with the provisions of the Payment Services Act of 19 August 2011 (Journal of Laws No. 199, item 1175, as amended) and the Electronic Payment Instruments Act of 12 September 2002 (Journal of Laws No. 169, item 1385, as amended).
  12. Complaints concerning the provision of electronic services by GIORRE (in particular concerning technical issues and the functioning of the website: giorre.com) Customers may submit complaints by e-mail ([email protected]) together with a detailed description of the technical problem.
  13. GIORRE's liability to a Customer who is not a Consumer or an Individual Entrepreneur under the warranty for physical and legal defects in goods referred to in Article 556 of the Civil Code. - 576 of the Civil Code shall be excluded, and on account of undue performance or non-performance of the contract shall be limited exclusively to cases of GIORRE's wilful misconduct.
  14. Complaints shall be considered on the basis of the content of the document confirming the purchase of the goods from GIORRE.

§ 15

NEWSLETTER

  1. The customer may agree to request a newsletter service (subscription). The newsletter service consists in periodically sending GIORRE's newsletter and messages containing GIORRE's and possibly its business partners' marketing content (commercial information) (including content concerning GIORRE's and possibly its business partners' products and Promotions) to the e-mail address provided. Subscription to the newsletter is made by selecting the appropriate option in the registration form or later under „Home" > "My account" > "My personal data" > "Subscribe to our newsletter".
  2. Subscription to the newsletter is voluntary and free of charge. The newsletter service is provided for an indefinite period of time and the customer may unsubscribe at any time.
  3. The customer can unsubscribe from the newsletter independently at any time by unchecking the relevant box under "Homepage" > "My account" > "My personal data" > "Subscribe to our newsletter".

§ 16

VALIDITY

If any provision of these Terms and Conditions is declared invalid by a final court decision, the remaining provisions shall remain in force.

§ 17

STATEMENTS BY GIORRE

GIORRE hereby declares that the composition of the metal jewellery components offered by GIORRE (manufactured or imported by Silvexcraft Mateusz Wójcik Sp. k.) is indicated in detail in the description of each product offered.

§ 18

APPLICABLE LAW

The contract between the Customer and GIORRE, the subject of which are the services provided by GIORRE on the terms and conditions set out in the Regulations, shall be governed by Polish law. By accepting the content of these Terms and Conditions, the Parties hereby choose Polish law as the applicable law.

§ 19

FINAL PROVISIONS

  1. GIORRE uses information stored by the server on the Customer's terminal equipment for statistical purposes and to ensure the highest possible quality of service, which is then read every time the Internet browser is connected (so-called cookies). The customer may, at any time, determine the conditions for storing or accessing cookies by the GIORRE online shop by means of the settings of his/her Internet browser, including changing the browser settings so that it does not accept such files or informs about their transmission. However, please note that the non-acceptance of cookies may cause difficulties in the use of the GIORRE Online Shop. The use by the Customer of a browser whose settings permit the storing of cookies on the Customer's device implies consent to the storing of such files on that Customer's device. For more information in this regard, please refer to the Privacy Policy.
  2. GIORRE reserves the right to amend these Terms and Conditions for good cause, such as:
    1. the need to adapt the Rules and Regulations to legal provisions directly affecting these Rules and resulting in the need to modify the Rules and Regulations in order to comply with the law;
    2. the need to adapt these Terms and Conditions to recommendations, orders, rulings, provisions, interpretations, guidelines or decisions of authorised public authorities;
    3. expansion or modification of the GIORRE online shop's functionalities, including the introduction of new services provided electronically or modification of the existing functionalities of the GIORRE online shop;
    4. a change in the technical conditions for providing services electronically;
    5. the need to remove ambiguities, errors or clerical mistakes that may have occurred in the Rules;
    6. changes to contact details, names, identification numbers, electronic addresses or links provided in the Rules and Regulations;
    7. to prevent abuse;
    8. improving customer service;
    9. modification of the contracting process via the GIORRE online shop.
  3. The amended Terms and Conditions will be made available on the GIORRE online shop. GIORRE shall inform Customers of the amended Terms and Conditions by sending a notification of the amended Terms and Conditions to the e-mail address assigned to their account.
  4. The amended Terms and Conditions shall be binding for a Customer who does not terminate the agreement for an account in the GIORRE online shop (does not resign from the account pursuant to the principles set out in § 3(7) hereof) before the effective date of the amended Terms and Conditions.
  5. The change of the Rules and Regulations shall not affect orders placed before such change, which shall be fulfilled on the previous terms and conditions.
  6. These Terms and Conditions are effective as of 19-07-2023.
  7. Any disputes that may arise from the cooperation between the Customer and GIORRE concerning the provision of services by GIORRE, which cannot be prevented by means of complaint or conciliation proceedings, shall be settled by a common court with jurisdiction over GIORRE's registered office. The above indication of the territorial jurisdiction of the court shall not apply to GIORRE's Clients who are Consumers or Individual Entrepreneurs, for whom the competent Polish common court shall be the competent court.
  8. In matters not regulated in these Rules, the relevant provisions of the Civil Code and other applicable laws shall apply.

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