The contract between the Buyer and the Seller can be concluded in two different ways. The Buyer has the right to negotiate any contract provisions with the Seller before placing the order. This also includes negotiating the below regulations. Such negotiations shall only be conducted in writing and addressed to the Seller:

A2 JEWELLERY RYSZARD WĘSIERSKI

Mariacka 40/41/1A

80-833 Gdańsk

Should the Buyer resign from the possibility of making individual arrangements regarding the method and conditions under this contract, the provisions of these regulations shall apply, with the application of imperative provisions

REGULAMIN SKLEPU INTERNETOWEGO GEM CRU

TERMS AND CONDITIONS OF THE GEM CRU ONLINE STORE
§ 1 Definitions
1. Postal address – first name and surname or the name of the entity, the location (in case of a city divided into streets: street name, building number, apartment, or service premises; if a city is not divided into streets: name of the city and the real estate number), postal code and the name of the city.
2. All complaints should be addressed to:
A2 JEWELLERY RYSZARD WĘSIERSKI
ul. Mariacka 40/41/1A
80-833 Gdańsk
3. Contact and Identification Details:
Ryszard Węsierski conducting his business under the name of A2 JEWELLERY RYSZARD WĘSIERSKI, with its registered office at ul. Mariacka 40/41/1A, 80-833 Gdańsk, entered in the Central Register and Information of Economic Activity in Poland under the Taxpayer Identification Number (NIP) 5860154662, National Business Registry Number (REGON) 221813947.
The Seller can be contacted:
Via email: shop@gemcru.com
By telephone number: +48 791 00 77 91
By traditional mail: at the registered office address indicated above.
4. Proof of Purchase – an invoice or a receipt issued in accordance with the Good and Services Tax Law of March 11, 2004 (Journal of Laws of 2004, No. 54, product 535, as amended) and other applicable laws.
5. Product Card – a single Internet subpage of the Online Store containing information about the single product.
6. Customer – a natural person of age with full legal capacity, a legal person, or an entity without legal personality but with the ability to acquire rights and incur obligations in its own name, making a purchase from the Seller directly related to his business or professional activity.
7. Civil Code – The Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16 item 93, as amended).
8. Consumer – a natural person of age with full legal capacity, making a purchase from the Seller not directly related to his/her business or professional activity, but also an entrepreneur holding the consumers’ rights, i.e. a natural person entering into a contract directly related to his/her business or professional activity, providing that the contract provisions state that the business is not of professional nature for him/her, and it is not the subject of his business activity, in accordance with the provisions of The Central Register and Information on Economic Activity (CEIDG).
9. Cart – a list of products made of the products offered by the store, based on the Buyer’s preferences.
10. Buyer – Consumer or Customer.
11. Goods Issue Location – postal address or collection point indicated in the Buyer’s order or the Seller’s premises.
12. Goods Issue Moment – the moment in which, the Buyer or third party or legal entity indicated by Buyer for collection takes the possession of the goods.
13. Payment – remuneration.
14. Consumer Rights – The Act on Customer Rights of May 30, 2014 (Journal of laws of 2014, item 827, as amended).
15. Product – the minimum and indivisible number of products that can be ordered, and which is given in the Seller’s store as a measurement to determine the price (price/unit).
16. Subject of the Contract – goods and delivery that are the subject of the contract.
17. Subject of the Service – please see the Subject of the Contract
18. Collection Point – the place of delivery of goods, which is not a postal address, listed in the statement provided by the Seller in the Online Store.
19. Reservation – placing an order with payment method chosen as ‘payment on account’.
20. Product – a moveable item that may be or is the Subject of the Contract.
21. Store – online service website available at www.gemcru.com, through which the Buyer may place an order.
22. Seller:
Ryszard Węsierski conducting his business under the name of A2 JEWELLERY RYSZARD WĘSIERSKI, with its registered office at ul. Mariacka 40/41/1A, 80-833 Gdańsk, entered in the Central Register and Information of Economic Activity in Poland under the Taxpayer Identification Number (NIP) 5860154662, National Business Registry Number (REGON) 221813947.
The Seller can be contacted:
Via email: shop@gemcru.com
By telephone number: +48 791 00 77 91
By traditional mail: at the registered office address indicated above.
23. System – a group of cooperating IT devices and software, enabling processing and storage, as well as sending and receiving data via telecommunication networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.
24. Completion Date – the number of working days or weeks specified on the Product Card.
25. Contract – an agreement concluded outside the Seller’s premises or at a distance within the meaning of the Act of Consumer Rights of May 30, 2014, in the case of Consumers and a sales agreement within the meaning of Article 535 of the Civil Code Law of April 23, 1964, in the case of Buyers.
26. Defect – both physical and legal defect.
27. Physical Defect – non-compliance of the product sold with the contract, in particular if the product:
a. does not have properties which have been specified within the contract or arise from the circumstance or use of such item;
b. does not have properties that the Seller has provided to the Consumer; a defect does not constitute colour differences of the product and its components, if these differences result from the properties of the image display device, which affects the colours or intensity of the colours presented by this device.
c. is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the Contract, and the Seller did not raise any objections to such an intended use;
d. was delivered to the Consumer an incomplete state;
e. in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by a Consumer who followed the instructions received from the Seller;
f. it does not have the properties provided by the manufacturer or his representative or the person who places the product on the market within the scope of his business activity, and the person who, by placing his name, trademark or other distinctive sign on the product sold, presents himself as the manufacturer unless the Seller knew these assurances or, judging reasonably, could not know or could not have influenced the Consumer decision to conclude the contract, or if their content was corrected prior to the conclusion of the contract.
28. Legal Defect – a situation in which the sold product is owned by a third party or is encumbered with the right of a third party, and if the use or disposal restriction of the product results from a decision or judgement of the competent authority.
29. Newsletter – distribution of any advertisement information by using electronic communication methods (e.g., e-mail or text messages).
30. Order – Buyer’s declaration of intention submitted through the Online Store specifying: type, quantity of products, type of delivery, method of payment, Goods Issue Location, Buyer’s data, aiming directly to conclude a contract between the parties.

§ 2 General Conditions
1. The information displayed on the website www.gemcru.com does not constitute an offer within the meaning of Article 66 § 1 of the Civil Code, but only the invitation to start the negotiation.
2. The contract is concluded in Polish according to Polish law and the provisions of these regulations.
3. The place of delivery of goods does not have to be on the territory of the Republic of Poland.
4. The Seller undertakes and is obliged to provide services and deliver goods that are free from defects.
5. All prices quoted by the Seller are expressed in Polish currency (PLN) or Euro (EUR) (further information can be found on the product card) are gross prices (including VAT). The prices are exclusive of delivery costs, which are specified when finalising the Order.
6. Confirmation, disclosure, consolidation, protection of all material provisions of the contract in order to gain access to this information in the future takes the form of:
a. order confirmation sent to the email address provided by the Buyer: information about the order, information on the right to withdraw from the contract, a copy of the regulations in a PDF version, a copy of the withdrawal form in a PDF version, and links to download copies of the regulations and withdrawal form;
b. proof of purchase in the form of an electronic VAT invoice or a receipt in the form of a PDF file, to which the Buyer agrees, moreover, the proof of purchase is attached to the package each time.
7. The Seller does not charge any fees for communicating with him by means of distance communication, and the Buyer shall bear the costs of the communication enabling him distance communication provided by a third party. The Seller indicates that the method of communication with the Buyer is either electronic or traditional mail.
8. The Seller provides the Buyer the proper functionality of the Online Store when using the following browsers: Google Chrome 55.0.2883.87 m, Internet Explorer 11, Mozilla Firefox 50.1.0, Safari 5.1.10, on screens with a horizontal resolution above 1024 px. Using third-party software that affects the functioning and functionality of browsers: Internet Explorer, Firefox, Opera, Chrome, Safari may affect the correct display of the store, and we, therefore, ask you to disable them, in order to obtain full functionality of the www.gemcru.com store.
9. The Seller shall be liable without any contractual limitations, inter alia for the product, or any irregularities in the operation (or its unavailability) of the store in cases where the mandatory provisions of law do not allow for a change or exclusion of liability. In the remaining scope, the Seller’s liability arising from or related to the contract or in connection with it, is limited to 100% of the net value (price), regardless of the legal basis of the claim. In such circumstances, the Seller shall not be liable for loss of benefits, loss of revenues, loss of data, loss of operation, business interruption, capital costs, damages and contractual penalties imposed on the Buyer. This provision may not, under no circumstances,
s, be construed as a restriction of the Buyer’s inalienable rights.
10. The Buyer may use the option of saving his data by the store in order to facilitate the process of placing another order in the future. For this purpose, the Buyer should provide the login and password necessary to access his account. The login and password are a sequence of characters determined by the Buyer, who is obliged to keep them safely and protect them against unauthorised access by third parties. The Buyer has the option of viewing, correcting, updating data and deleting the account in the store at any time, as well as subscribing to the Newsletter.
11. Promotions organized by the Seller cannot be combined with each other unless the regulations or information about the promotion provides otherwise.
12. All products sold, despite the possibility of presenting them in combination with other products (e.g., in a photo), are only products whose name is indicated on the product card.
§ 3 Conclusion and Implementation
1. Orders can be made on the website 24 hours a day, 7 days a week or by telephone (+48 791 77 00 91) from Monday to Friday from 10am to 6pm.
2. In order to place an order, the Buyer must have an active e-mail account and should perform at least the following activities, some of which may be repeated many times:
a. add a product to the cart;
b. choose a payment method;
c. select the place of delivery;
d. select the type of delivery;
e. read the delivered regulations and the information clause and confirm the fact of their receipt, as well as accept the content of the regulations and consent to the processing of personal data (a necessary condition);
f. place an order by clicking ‘Order with obligation to pay’ button.
3. The Buyer may order no more than two copies of one product within 90 consecutive days. The period of 90 days is counted from the date of placing the first order.
4. The conclusion of the contract with the Buyer takes place through negotiations. The Buyer undertakes negotiations by submitting an offer (order) via the www.gemcru.com website. The Seller may accept or reject the offer. The Buyer will be informed by e-mail about the acceptance or rejection of the offer. The change of the order status to ‘in progress’ is also considered tantamount to accepting the offer. The automatically sent confirmation of placing the order cannot be treated as a declaration of acceptance of the offer.
5. The Buyer’s order payable on delivery takes effect immediately after the conclusion of the contract, and the order payable by bank transfer or via electronic payment system takes place when the payment is credited to the Seller’s account.
6. Execution of the order (acceptance of the offer) of the Buyer may depend on the payment of all or part of the value of the order or obtaining a trade credit limit of at least the value of the order or the consent of the Seller to send cash on delivery (payable on delivery) as well as the current supply of the warehouse with the product. – The Buyer reserves the right to update the actual stock of the warehouse up to 3 working days from the date of sale of the product in the online or stationary store.
7. The subject of the contract is sent within the time specified on the product card, and for multi-product orders, the longest date specified on the product cards. The time begins with the commencement of purchase order processing. If it is not specified on the product card it shall mean that the Seller will confirm the date by e-mail within 3 working days.
8. The purchased subject of the contract is sent by the method of delivery chosen by the Buyer to the place of delivery indicated by the Buyer in the order form.
9. The Buyer is obliged to check the parcel in the presence of the courier (carrier’s representative) to determine whether it was delivered without damage. In the event of damage, it shall be noted on the carrier’s claim form in the carrier’s presence.
§ 4 Right to Withdrawal
1. Pursuant to Article 27 of the Consumer Rights Act, the Consumer is entitled to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in Article 33 and 34 of the Consumer Rights Act.
2. The deadline to withdraw from distance contract is 14 days from taking possession of the goods by the Consumer or a third party indicated by him, other than the carrier, and in the case of a contract that includes many products or parts that are delivered separately, in batches or in parts – from taking possession of the last product, batch or part; to meet the deadline, it is enough to send a statement of withdrawal before the deadline.
3. The declaration of withdrawal from the contract can submitted by the Consumer on the form, the specimen of which is attached as Annex 2 to the Consumer Rights Act (this form is also available on the a2jewellery.com website, and is also sent by e-mail with the regulations, after placing the order). The submission of the declaration referred to above is immediately confirmed by the Seller.
4. In the case of effective contract withdrawal (i.e., submitting a declaration in accordance with the legal requirements and the provisions of the regulations), the contract is considered as void.
5. The Consumer shall return the product to the Seller immediately, no later than within 14 days from the date of contract withdrawal. To meet the deadline, it is enough to return the products before the expiration date.
6. The Consumer returns the goods that are the subject of the contract at his own expense and risk.
7. The Consumer shall be responsible if the product being the subject of the contract depreciates in value as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
8. The Seller shall immediately, but not later than within 14 days from the date of receipt of the declaration of contract withdrawal submitted by the Customer, return to the Customer all payments made by him, including the costs of delivering the goods (up to the cheapest shipment method, and in the event of choosing another shipment method than the cheapest one, the Seller will not reimburse the Customer for additional costs)
9. The Seller shall make are fund the payment using the same payment method as used by the Consumer, unless the Consumer has expressly agreed to a different payment method, which does not involve any additional costs, and the Seller has technical and legal possibilities to make a refund the same way.
10. The Seller has the right withhold the reimbursement of the payment received from the Consumer until the product is returned or the Consumer provides proof of its return, depending on which event occurs first.
11. Pursuant to Article 38 of the Consumer Rights Act, the consumer is not entitled to withdraw from the contract if :
a. the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline for withdrawal;
b. the subject of the provision is a non-prefabricated product, manufactured according to the Consumer’s specifications or to satisfy his individual needs – i.e., any product for which the Consumer individually determines its properties and appearance;
c. the subject of the provision is a product that deteriorates quickly or has a short shelf-life;
d. the subject of the provision is a product 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;
e. the subject of the provision are products that after delivery, due to their nature, are inseparably connected with other products;
f. the subject of the provision are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
g. the subject of the provision is 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 being informed by the Seller about the loss of the right to withdraw from the contract;
h. the subject of the provision is the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements.
§ 5 Warranty and Complaint Consideration Procedure
1. Pursuant to Article 558 (1) of the Civil Code the Seller completely excludes liability to Consumers due to physical and legal defects (warranty).
2. The Seller is liable to the Consumer under the terms of Article 556 of the Civil Code and subsequent provisions regarding defects (warranty).
3. In the case of a contract conclusion, if a physical defect has been found within one year from the date of delivery of the product, it is assumed that it existed before it its release to the Consumer.
4. The Consumer, if the product sold has a defect, may:
a. request a price reduction in writing;
b. submit a declaration of contract withdrawal; unless the Seller immediately and without undue inconvenience replaces the defective product with a non-defective one or removes the defect. However, if the product has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the product with a non-defective one or remove the defect, he is not entitled to replace the product or remove the defect.
5. The Consumer may, instead of the removal of the defect proposed by the Seller, demand that the product is replaced with a non-defective one, or instead of replacing the product, demand that the defect be removed, unless it is impossible to bring the product compliant with the contract in a manner chosen by the Consumer or would require excessive costs compared to the proposed method by the Seller. While assessing the excess of costs, the value of the product free from defects, the type and significance of the defect found, and the inconvenience which the Consumer could suffer in connection with the alternative solution offered are to a large extent taken into account.
6. The Customer shall not withdraw the contract if the defect is irrelevant.
7. If the product sold has a defect, the Consumer may also:
a. demand the product to be replaced with one free from defects;
b. demand the defect to be removed.
8. The Seller is obliged to replace the defective product with a free one or remove the defect within a reasonable time without inconvenience to the Consumer.
9. The Seller may refuse to satisfy the Consumer’s request if it is impossible to bring the defective product compliant with the contract in the manner chosen by the Buyer or would require excessive costs compared to the second possible method of compliance with the contract.
10. If the defective product has been assembled, the Consumer may request the Seller to disassemble and reassemble it after replacing it with a defect-free one or removing the defect, but the obligation of the Consumer is bear some of the related costs exceeding the price of the product sold or may demand the Seller to pay part of the costs of disassembling and reassembling, up to the price of the product sold. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.
11. The Customer who exercises the rights under the warranty is obliged to deliver the defective product at the expense of the Seller to the Complaint Submission Address, and if, due to the type of product or the way it was assembled, the delivery of the product by the Consumer would be excessively difficult, the Consumer is obliged to make such product available to the Seller at the place where that product is located. In the event of the Seller’s failure to fulfil the obligation, the Consumer is entitled to return the goods at the expense and risk of the Seller.
12. The costs of replacement or repair are borne by the Seller, except for the situation described in § 4 (10).
13. The Seller is obliged to accept the defective product from the Consumer in the event of replacement of the product with a non-defective one or withdrawal from the contract.
14. The Seller, within fourteen days, will respond to:
a. a declaration of a price reduction request;
b. declaration of withdrawal from the contract;
c. demand for the product to be replaced with one that is free from defects;
d. demand for the defect to be removed.
No response within this time limit is considered as an acceptance of the justified Consumer’s demand(s).
15. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the product to the Consumer, and if the subject of sale is a second-hand product, within one year from the date of delivery of the product to the Consumer.
16. The Consumer’s claim for removal of the defect or replacement of the defective product sold with one that is free from defects expires after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the product to the Consumer, and if the subject of sale is a second-hand product, within one year from the moment the product is delivered to the Consumer.
17. In the event that the use-by date specified by the Seller, or the manufacturer ends after two years from the date of delivery of the product to the Consumer, the Seller is liable under the warranty for physical defects of this product found before that date.
18. Within the time limits specified in § 5 (15-17), the Consumer may submit a declaration of the contract withdrawal or price reduction request due to a physical defect of the product sold, and if the Consumer requested replacement of the product with a non-defective one or removal of the defect, the time limit for submitting a declaration of the contract withdrawal or price reduction begins request with the ineffective expiry of the deadline for replacing the product or removing the defect.
19. In the event of pursuing a claim before a court or an arbitration court, for one of the rights under the warranty, the time limit for exercising other rights of the Consumer in this respect shall be suspended until the conclusion of the proceedings. These provisions shall be applied accordingly to mediation proceedings, but the time limit for exercising other warranty rights of the Consumer starts to run from the date of the court refusing to approve the settlement concluded before the mediator or the unsuccessful completion of the mediation.
20. To exercise the rights under the warranty for legal defects of the sold product, § 5 (15-16) shall apply, however, the period starts from the date on which the Consumer learned about the defect, and if the Consumer learned about the defect only as a result of an action of a third party – from the date on which the judgment issued in a dispute with a third party becomes final.
21. If, due to a defect in the product, the Consumer submitted a declaration of contract withdrawal or price reduction request, he may also demand compensation for any damages he may have suffered because he concluded the contract, not knowing about the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible and in particular may request reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the goods, reimbursement of the expenditure made to the extent that he did not benefit from them, and did not receive a refund from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to repair the damage on general principles.
22. The expiration of the time limit for finding a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
§ 6 Privacy Policy, Personal Data Security and Cookies
1. The Administrator of personal data provided by the Customers is the Seller – Ryszard Węsierski conducting his business under the name of A2 JEWELLERY RYSZARD WĘSIERSKI, with its registered office at ul. Mariacka 40/41/1A, 80-833 Gdańsk, entered in the Central Register and Information of Economic Activity in Poland under the Taxpayer Identification Number (NIP) 5860154662, National Business Registry Number (REGON) 221813947.
2. Detailed policies regarding collecting, processing, and storing of personal data and cookies are further explained in the Privacy Policy available at: www.gemcru.com/privacypolicy.

 
§ 7 Final Provisions
1. Nothing is these regulations intends to infringe the rights of the Buyer. It shall not be interpreted in this way, because in the event of non-compliance of any part of the regulations with applicable law, the Seller declares absolute compliance and application of this law in place of the effectively challenged provision of the regulations.
2. All registered Buyers will be notified by email about any amendments to the regulations and their scope (to the email address provided during registration or placing an order). The notification will be sent at least 30 days before the new regulations come into force. The amendments will be introduced in order to adapt the regulations to the applicable legal status. However, the Seller reserves the right to implement significant amendments to the regulations, including organisational ones, the implementation of which necessitates amendments to the regulations.
3. The current version of the regulations is always available to the Buyer in the regulations tab on our website (www.gemcru.com/regulations). During the execution of the order and throughout the entire period of after-sales care of the Buyer, the regulations accepted by him when placing the order apply. Unless the Consumer finds them less favourable than the current ones and informs the Seller about the choice of regulations he intends to be bound by.
4. In matters not covered by these regulations, the provisions of applicable law shall apply.
5. Any disputes, if the Customer so wishes, shall be settled by means of mediation proceedings before the Provincial Inspectorates of the Trade Inspection or by an arbitration court at the Provincial Inspectorates of the Trade Inspection or by equivalent and lawful pre-judicial or out-of-court dispute resolution methods designated by the Consumer. At the same time, the Seller informs about the ODR platform (an interactive website constituting a single access point for Customers and traders wishing to resolve the ODR – Online Dispute Resolution. https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
As a last resort, the matter shall be settled by a court having jurisdiction in accordance with the mandatory provisions.

Regulations come into force on 20th June 2021.