Terms and conditions

This regulation defines the rules for making purchases in the online store operated under the address goshabu.com.

The operator of the store is GOSHA BU Małgorzata Bury, with headquarters in Gdańsk, who has the exclusive right to run this store.

The provisions of this Regulation apply to the Seller as well as to all Customers ordering and buying products in the goshabu.com online store.

1. Introductory provisions

1.1 Definitions:

1) Regulation – this regulation defining the rules for making purchases in the goshabu.com online store;

2) Store – an online store operated under the goshabu.com address

3) Seller – GOSHA BU Małgorzata Bury with headquarters in Gdańsk (80-306) at ul. Jana Bażyńskiego 32, room 37, entered into the business activity register kept by the President of the City of Gdańsk under the number, NIP 7431942779, REGON 280217337, Tel.608045727, e-mail: [email protected];

4) Customer – a natural person, legal person, or organizational unit without legal personality who has successfully registered an account in the online store by obtaining a login and password, in order to make a purchase of a product, or has placed an order in the online boutique without registering a user account;

5) Product/Products – unique, artistic jewelry designed by Małgorzata Bury.

6) Legal provisions – the Act of April 23, 1964, Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended); the Act of May 30, 2014, on Consumer Rights (Journal of Laws of 2014, item 827); the Act of August 29, 1997, on the Protection of Personal Data (consolidated text: Journal of Laws of 2002, No. 101, item 926, as amended); the Act of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended).

1.2 Product Information

All products offered in the Store are new, made based on designs by Małgorzata Bury and are subject to copyright protection.

Products are handcrafted by combining new, unusual, and surprising materials for jewelry with traditional jewelry craftsmanship, using unconventional technologies and forms.

Products are made in unique designs, as well as in limited and unlimited series.

In making the products, delicate and fragile materials are used, including paper, silk, fabrics, and glass, in addition to metals, brass, crystals, and gemstones, including precious stones.

Some products are made using elements from recycling, materials purchased at flea markets, which are part of old, no longer useful items.

The use of these elements and materials bearing signs of time and use does not indicate the existence of physical defects in the products.

Due to the manual method of making the products and the use of non-standard materials in their production, the Seller reserves the right to slight differences in the products made within a limited series of a specific design.

Differences may exist between the same design product featured in the Store’s photo and another product of the same design ordered by the customer, where the difference in detail between products of the same series is due to the nature of making these products.

The Seller reserves the right to make changes to the color of the products due to differences in colors shown in the product photo and the original photographed product.

Photos and other forms of visualization and presentation of products on the Store’s pages do not reflect the actual size of the products and are for informational purposes only.

The Seller informs that the products, due to their handicraft nature, delicacy, and fragility of the materials used, should be used only according to their intended purpose and stored in a way that corresponds to their properties. Products should not be worn during household chores to avoid mechanical or chemical damage, should not be washed, cleaned with chemical agents, have contact with alcohol, caustic agents, solvents, dyes, or staining materials (such as jeans). Due to the non-standard materials used in the products, the Seller prohibits contact with water (e.g., no bathing).

Any complaints made by the customer resulting from the lack of knowledge of the product’s specificity mentioned above, as well as from non-compliance with the rules of handling the products described in the Regulations, will not be considered by the Seller.

1.3 Price

All prices of Products offered by the Store are given in Polish zlotys.

The given prices are gross prices, i.e. they include value-added tax (VAT). The prices of Products do not include shipping costs.

The Seller reserves the right to change the prices of Products in the Store’s offer, as well as the right to organize (conduct, modify and cancel) promotional campaigns in the Store.

The price that appears with the Product at the time of its order by the Customer is the price binding both parties to the sales agreement of the Product.

1.4 Promotions

Promotion means offering Products for sale on more favorable terms than the standard sales terms applicable in the Store.

All promotions applicable in the Store do not combine with any promotions applied by the Seller. The Customer may only use one promotion, unless the terms of the promotional campaign clearly provide for the possibility of combining several different promotions.

2. Registration and login

In order to make purchases of Products in the Store, the Customer can create a user account by filling out a registration form. Upon registration, the Customer receives a username (login) for the Store and chooses a password.

The Customer can also place an order without registering a user account.

Both registration in the Store and placing an order without registration are equivalent to accepting the Regulations.

The condition for registration is to express consent to the content of the Regulations and to provide personal data marked as mandatory.

The Seller may deprive the Customer of the right to use the Online Store, as well as may limit their access to part or all of the resources of the Online Store, with immediate effect, in the event of a violation of the Regulations by the Customer, and in particular when the Customer:

• 1. • provided during registration in the online store false, inaccurate, or outdated data, misleading or violating the rights of third parties,
     • committed through the online store a violation of personal rights of third parties, in particular personal rights of other customers of the online store,
     • engaged in other behaviors that will be considered as behaviors inconsistent with applicable law or general principles of using the Internet.

3. Placing Orders

The Seller conducts sales of Products in the Online Store using the Internet.

The information about the Products posted in the Store does not constitute an offer within the meaning of the Civil Code, but should only be treated as an invitation to enter into a sales contract.

The Customer places an offer to purchase the Product by completing the order form.

The sales contract for the Product is deemed to be concluded on the day the Seller sends an email to the Customer’s email address confirming the dispatch of the ordered Product.

After placing an order, the Seller sends an email to the email address provided by the Customer in the registration form, containing confirmation of acceptance of the order for execution.

Due to the unique nature of the Products or the unique material from which they are made, the Seller reserves the right to refuse to fulfill the order, limit the method of payment, or require a prepayment from the Customer.

The Seller fulfills orders by sending the Products to the Customer to a pickup location located within the territorial area of Poland and selected foreign countries.

4. Changing or withdrawing an order

The Seller allows the Customer to make changes to the placed order until the Seller sends an e-mail to the Customer’s email address confirming the shipment of the ordered Product.

Until the Seller sends the above-mentioned e-mail, the Customer may also withdraw the placed order.

5. Order fulfillment time

The order fulfillment time is up to 10 business days. In the case of individual or personalized orders, the order fulfillment time is up to 30 business days.

The Seller fulfills orders within the above-mentioned time frames. However, orders placed on business days after 4:00 PM, as well as on weekends and public holidays, will be considered as placed on the nearest following business day, and the fulfillment time will be counted from that day.

In exceptional cases, such as when the ordered product is not currently available in the Store, the Seller allows for a longer order fulfillment time, which he is obliged to inform the Customer about in an email confirming the acceptance of the order for fulfillment. In such a situation, failure to change or withdraw the order by the Customer within two business days of receiving the email from the Seller means acceptance of the extension of the order fulfillment time, according to the Seller’s expectations.

Business days are understood as weekdays excluding weekends and public holidays.

The ordered product is sent to the Customer by the Seller via the Inpost courier company or DHL Express (Poland) Sp. z o.o.. If the courier does not find the Customer at the address indicated by the Customer, he will leave a notice.

The cost of shipping the product to the Customer is borne by the Customer. The delivery cost is provided before the final acceptance of the order by the Customer.

The cost of shipping the product to the Customer in Poland is PLN 17.

Koszty wysyłek zagranicznych są uzależnione od kraju przeznaczenia.

ZONE 1 – PLN 95

Austria, Belgium, Bulgaria, Croatia, France, Denmark, Estonia, Spain, Netherlands, Ireland, Lithuania, Luxembourg, Latvia, Germany, Czech Republic, Romania, Slovakia, Slovenia, Hungary, Italy.

ZONE 2 – PLN 120

Norway, North Macedonia, Kosovo, Serbia, Switzerland, United Kingdom, Andorra, Bosnia and Herzegovina, Montenegro, Guernsey, Jersey, Liechtenstein, San Marino, Finland, Cyprus, Greece, Monaco, Portugal, Sweden.

ZONE 3 – PLN 150

Canada, United States.

Zone 4 – PLN 170

Saudi Arabia, China, Israel, Kuwait, Uzbekistan, Turkey, Georgia, Japan, Armenia, Azerbaijan, Bahrain, Hong Kong, India, Indonesia, Jordan, Qatar, South Korea, Oman, Singapore, Thailand, Taiwan, Vietnam, United Arab Emirates.

Zone 5 – PLN 190

Locations not covered by other zones. Contact for more information.

The Seller reserves the right to change the shipping costs associated with the fulfillment of a specific order, due to its value, the quantity of products, the specific nature of the product requiring special packaging in transport, etc.

The cost of shipping the product to the Customer outside the territory of Poland, as well as the final amount of the shipping cost of a given product within the territory of Poland, will be provided by the Seller to the Customer in an email confirming the acceptance of the order for fulfillment.

In the event that the goods are returned to the Seller due to:

a) Providing incorrect address data,

b) Failure to collect the shipment by the Customer,

c) Other reasons lying on the side of the Customer,

The Seller has the right to charge the Customer with all costs associated with such a situation, in particular, the costs of sending the goods.

 

6. Payment method

The store offers the following payment methods for the purchase of Products:

1. Bank transfer to the store’s account: Revolut Bank UAB, account number: 88291000060000000003159346, with the product name specified in the transfer title.

If the customer chooses “bank transfer” as the payment method, failure to credit the payment for the Product to the store’s account within 7 calendar days from the date of confirmation of the order acceptance by email from the Seller, will result in cancellation of the order.

7. Receipts, invoices, sales confirmation

For all transactions of Product sales in the Store, purchase documents in the form of a VAT invoice are issued and sent electronically.

The VAT invoice is issued by the Seller after the Customer has provided all necessary data for issuing the invoice.

8. Damaged shipments

Before signing the delivery note, the Customer should check if the packaging of the shipment has not been damaged during transportation and if there are any signs indicating that it has been opened (e.g. torn security tapes).

If the packaging of the shipment indicates damage or prior opening, the Customer is entitled to refuse to accept the shipment and, if possible in the presence of the courier, to draw up a damage report. The Customer should then immediately notify the Store of this fact.

9. Withdrawal from the sales agreement and product return

According to the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827), the Customer may withdraw from the sales agreement without giving any reason within 14 days from the date of taking possession of the Product by them or by a third party indicated by them other than the carrier. The statement of withdrawal may relate to all purchased goods or their parts.

To withdraw from the agreement, the Customer must send a statement of withdrawal from the agreement to the Seller. The statement can be sent in writing to the email address [email protected].

In the event of withdrawal from the sales agreement, each party is obliged to return everything received under the agreement to the other party. The Seller shall make a refund no later than 14 days from the date of receipt of the statement of withdrawal from the agreement. The refund of payments is made using the same payment methods that the Customer used in the initial transaction, unless the Customer agreed to a different solution in the statement of withdrawal from the Product purchase agreement. The alternative solution should be indicated by the Customer in the statement of withdrawal from the Product purchase agreement.

No later than 14 days from the date of submitting the statement of withdrawal from the Product purchase agreement, the Customer shall return the purchased Product to the Seller at the address provided on the Store’s website. The return of the product to the Store is at the Customer’s expense. The Customer is responsible to the Seller for reducing the value of the Product resulting from using it in a way other than necessary to determine the nature, characteristics, and functioning of the item. The Seller may withhold the refund referred to above until the receipt of the Product or until the Customer provides proof of its return, depending on which event occurs earlier.

If the Customer has chosen a method of delivering the product other than the cheapest regular method of delivery offered by the Seller, the Seller is not obliged to reimburse the Customer for the additional costs incurred by them.

The Customer does not have the right to withdraw from the purchase agreement in cases specified in art. 38 of the Act on Consumer Rights.

If the Product was made using precious stones, pearls, or other valuable materials, its return acceptance by the Seller will be possible only after obtaining the opinion of an expert whose examination will include the aforementioned stones, pearls, etc., confirming the identity of the original Product.

The Seller declares that they do not accept shipments sent with cash on delivery.

Customized products and those made to the individual order of the Customer are not subject to returns.

10. Complaints

If the customer discovers defects in the product within 2 years from the date of purchase, they may exercise their rights under warranty by submitting a written complaint to the email address: [email protected].

The complaint should include the customer’s name, email address, order number, information about the product in question, a description of the problem along with any photographic documentation. The customer is obligated to provide the seller with the product covered by the complaint.

The seller will consider the submitted complaint within 14 days of the day the customer delivered the product to be claimed.

If the product has a defect, the legal basis for considering the complaint is the provisions of the Civil Code of 23 April 1964 (consolidated text: Journal of Laws of 2014, item 121), articles 556-576.

In the event of a defect in the product, the customer may file a warranty claim and demand one of four actions: exchange of the product for a new one, repair of the product, reduction of the price, or termination of the contract – if the defect is significant.

The choice of demand depends on the customer. The seller, taking into account the provisions of the Civil Code, may propose a different solution than requested by the customer, taking into account the following circumstances: ease and speed of exchange or repair of the product, the nature of the defect – significant or insignificant, whether the product was previously claimed.

If the customer requests the exchange or repair of the item, the seller may refuse to comply with that request provided that the option indicated by the customer would be impossible to implement for the seller or – compared to the other possible demand – would require excessive costs.

The seller may propose a different solution. Regardless of the above, in this situation, the customer may change their choice and demand that the product be brought into compliance with the contract in another way, i.e., by reducing the price or terminating the contract.

The seller must exchange the product or remove the defect within a reasonable time. If the seller fails to meet this deadline, the customer may set a time limit for fulfilling the request. In case of further inaction by the seller and expiration of the designated deadline, the customer is entitled to terminate the contract or demand a price reduction.

In case the seller finds that they are not responsible for the reported defects (when damages result from the customer’s fault due to improper use of the product, storage, including the occurrence of mechanical damage, scratches, or changes in the structure or shape of the product, or due to random events), the seller will notify the customer of the expected costs of repairing the product.

11. Privacy policy

By registering in the Store, the Customer voluntarily consents to the storage and necessary processing by the Store of their personal data provided in the registration form for the purpose of order fulfillment, consideration of any complaints, and for communication and marketing purposes (presenting offers of products sold through the Store).

These data are not processed or used by the Seller for any other purpose.

The Store processes the Customer’s data in accordance with the law and maintains confidentiality.

The Store does not disclose, sell, or provide the accumulated personal data of Customers to other entities.

In accordance with the provisions of the Personal Data Protection Act, the Customer has the right to access their data, to correct them, to request that their processing be stopped, and to request their deletion.

The Customer may consent to receiving (to their email address) information related to the Seller’s offer, as well as their commercial and creative activities.

The Seller informs that when using the Store’s services, files of the “cookies” type are installed on the Customer’s computer. The installation of these files is necessary for the proper provision of services. Details of file installation are provided in the Privacy Policy.

12. Final provisions

The Seller reserves the right to assign in whole or in part all of its rights and obligations associated with managing the Store without the consent of Customers.

All comments and notifications concerning the functioning of the Store, violations of the Terms and Conditions, the offer of Products, the credibility of data or other identified irregularities, as well as all statements and notifications addressed to the Seller, should be sent to the Seller’s e-mail address.

The Seller reserves the right to make changes to the Terms and Conditions.

All changes become effective upon their publication on the Store’s website. Changes to the Terms and Conditions do not adversely affect the rights and obligations of the Customer in relation to orders that have already been placed and processed by the Store.

Customers are obliged to check the Terms and Conditions for changes or additions on a regular basis. By each subsequent login, the Customer declares that he/she agrees with the currently applicable version of the Terms and Conditions.

In the event of non-acceptance of the changes to the Terms and Conditions, the Customer should refrain from logging into the Store and immediately notify the Seller of such a decision. A statement of non-acceptance of changes to the Terms and Conditions results in the deletion of the Customer’s account.

The Seller and the Customer who enter into sales contracts for Products offered by the Store will make every effort to settle any disputes arising from the application of these Terms and Conditions, as well as the content and performance of sales contracts for Products, in an amicable manner. In the absence of an amicable settlement of the dispute, the competent court will be the common court having jurisdiction and venue in accordance with the provisions of the Code of Civil Procedure.

In matters not regulated by the Terms and Conditions, the provisions of the law and other relevant regulations applicable in the Republic of Poland shall apply.