REGULATIONS OF ONLINE STORE
These Regulations define general terms and conditions, rules and manner of sales conducted by Little Tuscany Sp. z o.o., ul. Pomorska 77., 90-224 Łódź, Poland, NIP: 7252302431, via online store tilsamjewelery.com (hereinafter referred to as “Online Store”) and specify terms and conditions of providing free electronic services by Little Tuscany Sp. z o.o. with its registered office in Łódź.
§ 1 Definitions
Working days – means the days of the week from Monday to Friday, excluding public holidays.
Delivery – means an actual activity consisting in delivery of the Goods specified in the order by the Seller to the Customer via the Deliverer.
Deliverer – means an entity with whom the Seller cooperates in performing Delivery of Goods:
a) courier company:
– DPD Polska Sp. z o.o. with its registered office in Warsaw;
Password – means a sequence of letter, digital or other characters chosen by the Customer during the Registration process at the Online Store, used in order to secure access to the Customer’s Account at the Online Store.
Customer – a subject to whom, in accordance with the Regulations and legal regulations, electronic services may be provided or with whom a Sales Agreement may be concluded.
Consumer – means a natural person making a legal transaction with an entrepreneur which is not directly connected to his/her economic or professional activity
Customer’s Account – means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has made the Registration and concluded the agreement for the provision of the Customer’s Account service.
Entrepreneur – means a natural person, a legal person, or an organizational unit not being a legal person but to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal action directly related to its business or professional activity.
Regulations – means these regulations
Registration – means an actual action performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
Seller – means Little Tuscany Sp. z o.o. with its registered office in Łódź (90-224), ul. Pomorska 77, NIP: 7252302431; e-mail: sklep@tilsamjewelry.com, which is also the owner of the Online Store.
Online Store website – means the website where the Seller operates the Online Store.
Goods – shall mean the product presented by the Seller via the Store’s website that may be subject to a Sales Agreement.
Permanent carrier – means a material or tool enabling the Customer or the Seller to store information addressed personally to the Customer in a manner that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used, and which allows the reproduction of the stored information in an unchanged form.
Sales Agreement – means an agreement of sale concluded remotely, on the terms specified in the Terms and Conditions, between the Customer and the Seller.
§ 2 General provisions and use of the Online Store
All rights to the Online Store, including intellectual property rights to its name, domain name, the Store’s Website, as well as to patterns, forms, logotypes placed on the Store’s Website (with the exception of logotypes and photographs presented on the Store’s Website for the purpose of presenting goods, the copyrights to which belong to third parties) belong to the Seller, and the use of them may be performed only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
The Seller will endeavor to make the use of the Online Store possible for Internet users with the use of all popular web browsers, operating systems, device types and Internet connection types. The minimum technical requirements for using the Store’s Website are a web browser with at least Internet Explorer 11 or Chrome 39 or Firefox 34 or Opera 26 or Safari 5 or later, with JavaScript enabled, accepting cookies, and an Internet connection with a bandwidth of at least 256 kbit/s. The Store’s website is responsive and dynamically adjusts to any screen resolution.
The Seller uses a mechanism of “cookies” files, which are saved by the Seller’s server on the hard drive of the Customer’s terminal device while the Customers use the Store website. The use of cookies is aimed at proper operation of the Store’s Website on customers’ end devices. This mechanism does not damage the Customer’s terminal equipment and does not cause any configuration changes in the Customer’s terminal equipment or in the software installed on such equipment. Each Customer can disable the “cookies” mechanism in the web browser of his/her end device. The Seller points out, however, that disabling cookies may cause difficulties or make it impossible to use the Store’s Website.
In order to place an order in the Online Store via the Store’s Website and to use the services provided electronically via the Store’s Website, it is necessary for the Customer to have an active e-mail account.
In order to place an order at the Online Store by phone, it is necessary for the Customer to have an active telephone number and an active e-mail account.
It is forbidden for the Customer to provide illegal content and to use the Online Store, Store’s Website or free services provided by the Seller, in a manner contrary to the law, morality or violating personal interests of third parties.
The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus software and identity protection software for Internet use. The Seller shall never ask the Customer to provide him with the Password in any form.
It is not permissible to use the resources and functions of the Online Store for the purpose of conducting business by the Customer, which would violate the interests of the Seller.
§ 3 Registration
In order to create a Customer Account, the Customer is required to complete a free registration.
Registration is not necessary to place an order in the Online Store.
In order to register, the Customer should complete the registration form made available by the Seller on the Store’s Website and send the completed registration form electronically to the Seller by selecting the appropriate function on the registration form. During the registration process the Customer sets an individual Password.
While filling in the registration form, the Customer has the opportunity to read the Terms and Conditions, accepting its content by marking the appropriate field in the form.
After submitting the completed registration form the Customer immediately receives an e-mail at the e-mail address given in the registration form confirming the Registration by the Seller. At this moment the agreement on the provision of electronic services for running a Customer Account is concluded, and the Customer has the possibility to access the Customer Account and make changes to the data provided during the Registration.
§ 4 Orders
Information contained on the Store’s Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a contract of sale.
The Customer may place orders at the Online Store via the Store’s Website 7 days a week, 24 hours a day.
The Customer may place orders at the Online Store by telephone during the hours and days specified on the Store’s Website.
The Customer who places an order via the Store’s website completes the order by selecting the Goods he is interested in. The Goods shall be added to the order by choosing the BUY command under the given Goods presented on the Store’s website. After completing the whole order and indicating in the “CART” the way of delivery and the form of payment, the Customer places the order by sending an order form to the Seller by choosing the “Order with payment” button on the Store’s website. Each time before sending the order to the Seller, the Customer is informed about the total price for the chosen Goods and Delivery, as well as about all additional costs he is obliged to incur in connection with the Sales Agreement.
The Customer placing an order by phone uses the phone number provided by the Seller on the Store’s website. The Customer places the order by phone, specifying to the Seller the name of the Goods from among the Goods displayed at the Store’s Website, as well as the quantity of the Goods that he or she wants to order. Then, after completing the whole order, the Customer specifies the method and address of delivery and method of payment, as well as indicates, at his or her choice, his or her e-mail address or correspondence address in order to confirm the order. Each time when the Customer places an order by phone, the Seller informs the Customer about the total price of selected Goods and the total cost of the selected delivery method, as well as about all additional costs that the Customer is obliged to incur in connection with the Sales Agreement.
After placing an order by the Customer via telephone, the Seller shall send, on a durable carrier, to the e-mail or postal address provided by the Customer, information containing confirmation of the terms of the Sales Agreement. The confirmation includes, in particular: the specification of the Goods being the subject of the Sales Agreement, its price, delivery cost, and information about any other costs that the Customer is obliged to incur in connection with the Sales Agreement.
Placing an order constitutes a submission of an offer to conclude a Sales Agreement for Goods being the subject of the order by the Customer to the Seller.
After placing an order, the Seller shall send, to the e-mail address provided by the Customer, a confirmation of its placement.
Subsequently, after confirming the order placement, the Seller shall send to the e-mail address provided by the Customer information about accepting the order for processing. The information about accepting the order for processing is the Seller’s statement of accepting the offer referred to in § 4.7 above and upon receiving it by the Customer the Sales Agreement is concluded.
After concluding a Sales Agreement, the Seller confirms its terms and conditions to the Customer by sending them on a durable medium to the e-mail address of the Customer or in writing to the address specified by the Customer during the Registration or order placement.
§ 5 Payments
The prices on the Store’s website placed next to the given Goods are gross prices and do not include information about the costs of delivery and any other costs that the Customer will be obliged to incur in connection with the sales agreement, of which the Customer shall be informed while choosing the method of delivery and placing the order.
The Customer can choose the following forms of payment for the ordered Goods:
bank transfer to the Seller’s bank account (in this case, processing of the order shall be initiated after the Seller has sent the Customer a confirmation of acceptance of the order and after the funds have been credited to the Seller’s bank account);
bank transfer to the Seller’s bank account with the option of personal collection at the Retail Store (in this case, order processing shall be initiated immediately after the Seller has sent the Customer a confirmation of order acceptance, and the Goods shall be released at the Retail Store after the funds have been credited to the Seller’s bank account);
bank transfer via the external iMoje payment system run by ING Bank Śląski S.A., ul. Sokolska 34, 40-086 Katowice, (in this case, order processing will begin after the Seller has sent the Customer a confirmation of order acceptance and after the Seller receives information from the iMoje system that the payment was made by the Customer);
cash on delivery, payment to the Deliverer on delivery (in this case the processing of the order will be initiated after the Seller has sent the Customer a confirmation of acceptance of the order).
The Customer should make payment for the order in the amount resulting from the concluded Sales Agreement within 5 working days, if he has chosen the form of prepayment.
If the Customer fails to make the payment within the time limit referred to in §5.3 of the Regulations, the Seller shall set an additional time limit for the Customer to make the payment and inform the Customer about it on a durable medium. The information about the additional time limit for payment shall also include information that upon the ineffective lapse of this period, the Seller shall withdraw from the Sales Agreement. In the event of ineffective expiry of the second deadline for payment, the Seller shall send to the Customer on a durable medium a statement of withdrawal from the contract on the basis of Article 491 of the Civil Code.
§ 6 Delivery
The Seller performs the Delivery on the territory of Poland.
The Seller shall be obliged to deliver the Goods being the subject of the Sales Agreement without defects.
The Seller places on the Store’s Website information about the number of working days needed for Delivery and fulfillment of the order.
The time of Delivery and fulfillment indicated on the Store’s Website is counted in business Days according to §5.2 of the Regulations.
The ordered Goods are delivered to the Customer by the Deliverer to the address indicated in the order form.
On the day of dispatch of the Goods to the Customer (if the possibility of personal collection of the Goods has not been selected), a message is sent to the Customer’s e-mail address along with the package tracking number, confirming dispatch of the package by the Seller.
The Customer is obliged to examine the delivered shipment at the time and in the manner adopted for shipments of a given type. If there is any defect or damage in the parcel, the Customer has the right to demand from the employee of the Deliverer to write an appropriate protocol.
The Seller, according to the Customer’s will, attaches to the parcel being delivered a receipt or a VAT invoice covering the delivered Goods.
In case of absence of the Customer at the address provided by him while placing the order as the Delivery address, an employee of the Deliverer shall leave an advice note or try to contact him by phone in order to establish the date on which the Customer will be present. If the ordered Goods are sent back to the Online Store by the Deliverer, the Seller will contact the Customer via e-mail or telephone, setting again with the Customer the date and cost of Delivery.
§ 7 Warranty
The Seller shall ensure delivery of Goods free from physical and legal defects. The Seller shall be liable to the Customer if the Goods have a physical or legal defect (warranty).
If the Goods have a defect, the Customer may:
submit a statement of price reduction or withdraw from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Goods with Goods free from defects or removes the defect.
This limitation shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to satisfy the obligation to replace the Goods with goods free from defects or remove defects. Instead of the removal of defects proposed by the Seller, the Customer may demand replacement of the Goods for goods free from defects or, instead of replacement of the Goods, demand removal of defects, unless bringing the Goods into conformity with the agreement in the way selected by the Customer is impossible or requires excessive costs in comparison with the method proposed by the Seller. In the assessment of excessive costs, the value of the Goods free from defects, type and significance of the defect, as well as inconvenience to which the Customer would be exposed in another way of satisfaction shall be taken into account.
request replacement of the defective Goods with Goods free from defects or removal of defects. The Seller shall be obliged to replace the defective Goods with Goods free from defects or remove the defect within a reasonable time without undue inconvenience for the Customer.
The Seller may refuse to satisfy the Customer’s request if bringing the defective Goods into conformity with the Sales Agreement in a manner selected by the Customer is impossible or, compared with other possible ways of bringing them into conformity with the Sales Agreement, would require excessive costs. The costs of repair or replacement shall be borne by the Seller.
The Customer who exercises rights under the warranty is obliged to deliver defective goods to the address of the Seller. The cost of delivery is covered by the Seller.
The Seller shall be liable under the warranty if a physical defect is found before the lapse of two years from the release of Goods to the Customer. Claim for removal of defects or replacement of Goods for goods free from defects expires after one year, but this period cannot end before the expiry of the deadline specified in the first sentence. Within this period the Customer can withdraw from the Sales Agreement or make a declaration of price reduction due to defects in the Goods. If the Customer demanded replacement of the Goods for defect-free ones or removal of defects, the time limit for withdrawal from the Sales Agreement or making a declaration of price reduction shall commence upon ineffective expiry of the time limit for replacement of the Goods or removal of defects.
Any complaints related to the Goods or execution of the Sales Agreement, the Customer may address in writing to the address of the Seller.
The Seller shall, within 14 days from the date of a request containing a complaint, respond to the complaint of the Goods or complaint related to the execution of the Sales Agreement reported by the Customer.
The Customer may submit to the Seller a complaint regarding the use of free of charge services provided electronically by the Seller. A complaint may be submitted in electronic form and sent to the address sklep@tilsamjewelry.com. In the complaint, the Customer should include a description of the problem. The Seller immediately, but no later than within 14 days, considers the complaint and provides the Customer with an answer.
The Seller does not use the out-of-court dispute resolution referred to in the Act of 23 September 2016, on out-of-court resolution of consumer disputes.
§ 8 Warranty
Goods sold by the Seller may be covered by a warranty granted by the manufacturer of Goods or distributor.
In the case of Goods under guarantee, information about the existence and content of the guarantee shall be each time presented on the website of the Store.
§ 9 Withdrawal from the Sales Agreement
A Customer who is a Consumer who has concluded a Sales Agreement can withdraw from it within 14 days without giving any reason. A necklace with engraving is not subject to return (warranty).
An entrepreneur who buys for non-business purposes can withdraw from the contract within 14 days. The necklace with engraving is not returnable (subject to warranty).
The deadline for withdrawal from the Sales Agreement starts from the moment the Consumer / Entrepreneur buying for non-business purposes takes possession of the Goods.
A Consumer / Entrepreneur purchasing for non-business purposes may withdraw from a Sales Agreement by submitting a statement of withdrawal to the Seller. This statement may be submitted for example in writing to the address of the Seller, by e-mail to the address of the Seller. The statement may be submitted on a form, a sample of which has been posted by the Seller on the Store’s website at the following address: Withdrawal form. Sending the statement before its expiry is sufficient to meet the deadline.
In the case of withdrawal from the Sales Agreement, it is considered unconcluded.
If the Consumer / Entrepreneur making purchases for purposes unrelated to his/her business made a statement of withdrawal from the Sales Agreement before the Seller accepted his/her offer, the offer ceases to be binding.
The Seller shall promptly, but not later than within 14 days from the date of receipt of the returned Goods and receipt of the Customer’s statement of withdrawal from the Sales Agreement, return to the Customer all payments made by him.
The Customer shall be obliged to return the Goods to the Seller without delay, but no later than within 14 days from the date of withdrawal from the Sales Agreement. To meet the deadline, it is sufficient to send back the Goods to the address of the Seller before the expiry of this period.
In the case of withdrawal, the Customer shall bear direct costs of returning the Goods.
The Customer shall be liable for any diminution in the value of the Goods resulting from using them in a way beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
The Seller shall refund the payment using the same method of payment as the one used by the Customer, unless the Customer has expressly agreed to a different method of refund, which does not entail any costs for him.
The right of withdrawal from the Sales Agreement shall not apply to the agreements in which the Goods are perishable or have a short shelf life.
The right of withdrawal from the Sales Agreement does not apply to the agreements in which the Goods are delivered in sealed packaging that cannot be returned after opening the packaging due to health care or hygienic reasons; if the packaging has been opened after delivery.
§ 10 Free services
The Seller provides to Customers, by electronic means, free of charge services:
Contact form;
Newsletter;
Maintaining a Customer account;
Posting reviews (blog).
Services indicated in §10 point 1 above are provided 7 days a week, 24 hours a day.
The Seller reserves the right to choose and change the type, form, time and manner of access to selected listed services, of which the Seller shall inform Customers in the manner appropriate for amending the Regulations.
Contact Form service consists in sending a message to the Seller using a form on the Store’s Website.
Resignation from the free Contact Form service is possible at any time and consists in stopping sending questions to the Seller.
The Newsletter service is available to any Customer who enters their e-mail address, using the registration form provided by the Seller on the Store’s website. After submitting the completed registration form, the Customer will immediately receive an e-mail confirmation from the Seller at the e-mail address given in the registration form. At this moment an agreement on Newsletter service provision by electronic means is concluded.
Newsletter service consists in sending by the Seller, to the e-mail address, an electronic message containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who have subscribed to it.
Each Newsletter addressed to the given Customers shall contain, in particular: information about the sender, filled in the “subject” field, defining the content of the message, and information about the possibility and manner of resignation from the Newsletter free of charge service.
The Customer may at any time resign from the Newsletter subscription service by unsubscribing from it via a link contained in each email message sent as part of the Newsletter service or by activating the relevant field in the Customer Account.
The Customer Account Service shall be available after Registration under the rules described in the Regulations and shall consist in making available to the Customer a dedicated panel on the Store website enabling the Customer to modify the data provided during Registration and to track the status of orders and history of orders already completed.
A Customer who has registered may request removal of a Customer Account to the Seller, and in the case of a request for the removal of a Customer Account by the Seller, it can be removed up to 14 days from the request.
Placing an opinion service is to enable the Seller, the Customers having a Customer Account to publish on the Store’s website individual and subjective statements of the Customer concerning, in particular, the Goods.
Resignation from the service posting opinions is possible at any time and consists in the cessation of posting content by the Customer on the Store’s Website.
Seller is entitled to block access to a Customer’s account and free services if the Customer acts to the detriment of Seller or other Customers, violation of the law or the provisions of the Regulations, as well as when blocking access to a Customer’s account and free services is justified by security reasons – in particular: breaking security of the Store’s Website by the Customer or other hacking activities. Blocking access to a Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue forming the basis for blocking access to a Customer Account and free services. The Seller shall inform the Customer about blocking access to the Customer’s Account and free services by e-mail to the address provided by the Customer in the registration form.
§ 11 Liability of the Customer with regard to the content posted by the Customer.
By posting content and making it available, the Customer voluntarily distributes the content. Posted content does not express the views of the Seller and should not be identified with his business. The Seller is not a content provider, but only an entity that provides appropriate ICT resources for this purpose.
The Customer declares that:
is entitled to use the author’s economic rights, industrial property rights and/or related rights to – respectively – works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that comprise the content;
placing and making available within the services referred to in §10 of the Regulations, personal data, images and information concerning third parties took place in a legal manner, voluntarily and with the consent of the persons concerned.
Consents to the access to the published content by other Customers and the Seller, as well as authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations;
consents to the development of works within the meaning of the Act on Copyright and Related Rights. 3.
(3) The Customer is not entitled to:
place, within the use of the services referred to in §10 of the Regulations, personal data of third parties and disseminate images of third parties without the legally required permission or consent of the third party;
place, as part of the use of the services referred to in §10 of the Regulations, content of an advertising and/or promotional nature.
4. The Seller shall be liable for the content posted by the Customers on condition that they receive notification in accordance with §12 of the Regulations.
5. It is prohibited for the Customers, while using the services referred to in §10 of the Regulations, to place content that could, in particular:
be posted in bad faith, e.g. with the intention to infringe personal rights of third parties;
violate any rights of third parties, including rights related to copyright protection and related rights, industrial property rights protection, business secrets or related to confidentiality obligations;
have an offensive nature or constitute a threat directed to other persons, contain vocabulary that violates good morals (e.g. through the use of vulgarisms or expressions generally considered offensive);
– be contrary to the interests of the Seller;
– violate in any other way the provisions of these Regulations, decency, provisions of applicable law, social norms or customs.
6. In the case of receipt of notification in accordance with §12 of the Regulations, the Seller reserves the right to modify or remove any content posted by Customers within the use of services referred to in §10 of the Regulations, in particular, with regard to content which, based on reports from third parties or relevant authorities, has been found to violate these Regulations or applicable laws. The Seller does not conduct ongoing monitoring of the posted content.
7. The Customer agrees to the free use by the Seller of the content placed by him on the Store’s website.
§ 12 Reporting threats or violation of rights
If the Customer or another person or entity believes that the content published on the Store’s Website violates their rights, personal interests, decency, feelings, morality, beliefs, rules of fair competition, know-how, secrets protected by law or under an obligation, may notify the Seller of the potential violation.
Seller notified of a potential violation, takes immediate action to remove from the Store Web Site, the content causing the violation.
§ 13 Protection of Personal Data
The principles of Personal Data protection are described in the Privacy Policy.
§ 14 Termination of the agreement (not applicable to Sales Agreements)
Both the Customer and the Seller may terminate the agreement for the provision of services by electronic means at any time and without giving reasons, subject to maintaining the rights acquired by the other party before termination of the above agreement and the provisions below.
The Customer who has made the Registration terminates the contract for the provision of services by electronic means, by sending to the Seller an appropriate declaration of intent, using any means of remote communication, allowing the Seller to read the declaration of intent of the Customer.
The Seller terminates the agreement for the provision of services electronically by sending to the Customer an appropriate statement of intent to the e-mail address provided by the Customer during Registration.
§ 15 Final provisions
The content of these Regulations can be recorded by printing, saving on a carrier or downloading at any time from the Store’s Website.
In the event of a dispute arising under a Sales Agreement, the parties will seek to resolve the matter amicably. Polish law is applicable to resolve any disputes arising under these Regulations.
The Seller informs the Customer about the possibility of using out-of-court complaint and redress procedures. The rules of access to these procedures are available at the registered offices or on the websites of entities entitled to out-of-court dispute resolution. They may be in particular consumer ombudsmen or Provincial Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php.
The Seller informs that at the address http://ec.europa.eu/consumers/odr/ available is a platform for online dispute resolution between consumers and businesses at EU level (ODR platform).
The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the effective date of the new Regulations are implemented on the basis of the Regulations which were in force on the date of placing the order by the Customer. The change of the Regulations comes into force within 7 days from the date of publication on the Store’s website. The Seller shall inform the Customer, 7 days before the new Regulations come into force, about the change of the Regulations, through a message sent via e-mail, containing a link to the text of the changed Regulations. If the Customer does not accept the new content of the Regulations they are obliged to inform the Seller about it, which results in termination of the contract in accordance with the provisions of § 14 of the Regulations.
The Regulations shall come into force on 01.03.2022.