TERMS AND CONDITIONS OF THE ONLINE STORE

sklep.amberwave.pl

§ 1 GENERAL PROVISIONS

  1. The store sklep.amberwave.pl operates under the terms and conditions set forth in these Regulations.

  2. These Regulations define the conditions for concluding and terminating Product Sales Agreements, the complaint procedure, as well as the types and scope of services provided electronically by the Store www.sklep.amberwave.pl, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.

  3. Every Service Recipient, upon taking steps to use the Electronic Services of the Store sklep.amberwave.pl, is obliged to comply with the provisions of these Regulations.

  4. In matters not regulated by these Regulations, the relevant provisions of Polish law shall apply, in particular:

    • The Act on the Provision of Electronic Services of July 18, 2002,

    • The Consumer Rights Act of May 30, 2014,

    • The Act on Out-of-Court Dispute Resolution for Consumer Disputes of September 23, 2016,

    • The Civil Code Act of April 23, 1964, and other applicable provisions of Polish law.

§ 2 DEFINITIONS CONTAINED IN THE REGULATIONS

  • ORDER FORM – a form available on the website sklep.amberwave.pl allowing the placement of an Order.

  • CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.

  • CONSUMER – a natural person performing a legal transaction with an entrepreneur that is not directly related to their business or professional activity.

  • ENTREPRENEUR – a natural person, a legal entity, or an organizational unit without legal personality granted legal capacity by law, conducting business or professional activity in its own name.

  • PRODUCT – a movable item available in the Store which is the subject of a Sales Agreement between the Customer and the Seller.

  • REGULATIONS – these Regulations of the Store.

  • STORE – the Service Provider's online store operating at sklep.amberwave.pl.

  • SELLER, SERVICE PROVIDER – Amber Wave Pracownia Jubilerska Joanna Żochowska, NIP: 5851368458, ul. Przetoczna 66, 80-702 Gdańsk, Poland.

  • SALES AGREEMENT – a Product Sales Agreement concluded between the Customer and the Seller via the Store.

  • ORDER – a declaration of intent made by the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.

  • PRICE – the value expressed in monetary units that the Customer is obliged to pay the Seller for the Product.

§ 3 INFORMATION CONCERNING PRODUCTS AND ORDERING

  1. The store sklep.amberwave.pl conducts online sales of Products via the Internet.

  2. The Products offered in the Store are brand new, compliant with the agreement, and have been legally introduced into the Polish market.

  3. Information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to buy a specific Product under the conditions specified in its description.

  4. The Product Price displayed on the Store's website is given in Polish Zloty (PLN) and includes all components. The Price does not include delivery costs.

  5. Orders can be placed via the website using the Order Form (Store sklep.amberwave.pl) – 24 hours a day, all year round.

  6. A condition for placing an Order in the Store by the Customer is reading the Regulations and accepting their provisions at the time of placing the Order.

§ 4 CONCLUSION OF THE SALES AGREEMENT

  1. To conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance using the method provided by the Seller, in accordance with § 3 points 5 and 6 of the Regulations.

  2. After placing the Order, the Seller immediately confirms its receipt.

  3. Confirmation of receipt of the Order referred to in point 2 of this paragraph binds the Customer to their Order. Confirmation of receipt of the Order takes place by sending an e-mail.

  4. Confirmation of receipt of the Order includes:

    • Confirmation of all essential elements of the Order,

    • A statutory withdrawal form,

    • These Regulations containing instructions on the right to withdraw from the contract.

  5. Upon receipt by the Customer of the e-mail message referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.

  6. Each Sales Agreement will be confirmed by proof of purchase, which will be attached to the Product.

§ 5 PAYMENT METHODS

  1. The Seller provides the following payment methods:

    • Payment by traditional bank transfer to the Seller's bank account,

    • Payment via an electronic payment system.

  2. In the case of payment by traditional bank transfer, payments should be made to the following bank account number:

    33 1160 2202 0000 0006 2508 7513

    Bank Millennium.

    The order number must be entered in the transfer title.

  3. In the case of payment via an electronic payment system, the Customer makes the payment before the start of Order processing. The electronic payment system enables payment by credit card or quick transfer from selected Polish banks.

  4. The Customer is obliged to pay the price under the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.

  5. The Product will be shipped only after it has been paid for.

§ 6 COST, TIME, AND METHODS OF PRODUCT DELIVERY

  1. Delivery costs of the Product, which are covered by the Customer, are determined during the Order placement process.

  2. The delivery date of the Product consists of the time required to complete the Product order and the delivery time by the carrier:

    • The completion time for Products is 3 business days,

    • Delivery of Products (movable items) by the carrier takes place within the time declared by the carrier, i.e., 3 business days from the moment of shipment (delivery takes place exclusively on business days, excluding Saturdays, Sundays, and public holidays).

  3. Products purchased in the Store are shipped exclusively within the territory of Poland via Poczta Polska or a courier company.

§ 7 PRODUCT COMPLAINTS

  1. Complaint due to non-conformity of the Product with the contract:

    • The legal basis and scope of the Seller's liability towards a Customer who is a Consumer due to non-conformity of the Product with the contract are defined in the Consumer Rights Act of May 30, 2014.

    • The basis and scope of the Seller's liability towards a Customer who is an Entrepreneur under warranty are specified in the Civil Code Act of April 23, 1964.

    • The Seller is liable to a Customer who is a Consumer for any lack of conformity of the Product with the contract existing at the time of delivery and revealed within 2 years from that time, unless the shelf life of the Product specified by the Seller or persons acting on their behalf is longer.

  2. Notifications of non-conformity of the Product with the contract and submitting an appropriate request can be made via e-mail to: reklamacje@sklep.amberwave.pl or in writing to:

    Amber Wave, ul. Przetoczna 66, 80-702 Gdańsk, Poland

  3. In the written or electronic message above, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the consideration of the complaint by the Seller.

  4. To assess the irregularity and non-conformity of the Product with the contract, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to pick it up at their own expense.

  5. The Seller will respond to the Customer's request immediately, no later than within 14 days from the date of the complaint submission.

  6. In the case of a complaint from a Customer who is a Consumer, failure to consider the complaint within 14 days of its submission is equivalent to its acceptance.

  7. In connection with a justified complaint from a Customer who is a Consumer, the Seller accordingly:

    • Covers the costs of repair or replacement and redelivery of the Product to the Customer,

    • Reduces the price of the Product (the reduced price must remain in proportion to the price of the goods compliant with the contract to the non-compliant goods) and refunds the reduced price value to the Consumer no later than 14 days from receiving the statement on price reduction from the Consumer,

    • In the case of withdrawal from the contract by the Consumer, the Seller refunds the price of the Product no later than 14 days from the date of receiving the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer is obliged to immediately return the goods to the Seller at the Seller's expense.

  8. The response to the complaint is provided on paper or another durable medium, e.g., e-mail or SMS message.

§ 8 RIGHT TO WITHDRAW FROM THE CONTRACT

  1. Subject to point 10 of this paragraph, a Customer who is also a Consumer and who concluded a distance contract may withdraw from it without giving reasons by submitting an appropriate statement within 14 days.

  2. In the event of withdrawal from the contract, the Sales Agreement is considered void, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller immediately, but no later than 14 days from the day on which they withdrew from the contract, unless the Seller offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiry.

  3. In case of withdrawal from the Sales Agreement, the Product must be returned to the address:

    Amber Wave, ul. Przetoczna 66, 80-702 Gdańsk, Poland

  4. The Consumer is liable for any diminished value of the Product resulting from the handling of it other than what is necessary to establish the nature, characteristics, and functioning of the Product, unless the Seller failed to inform the Consumer or the entity referred to in § 10 about the method and deadline for exercising the right of withdrawal and did not provide the standard withdrawal form. To establish the nature, characteristics, and functioning of the Products, the Consumer should handle and inspect them only in the same manner as they would be allowed to do in a physical store.

  5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product together with the costs of its delivery using the same payment method used by the Consumer, unless the Consumer has expressly agreed to another refund method that does not involve any costs for them. Subject to point 7 of this paragraph, the refund will take place immediately, and at the latest within 14 days from the moment the Seller receives the statement of withdrawal from the Sales Agreement.

  6. If the Consumer chose a delivery method for the Product other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.

  7. If the Seller has not offered to collect the Product from the Consumer themselves, they may withhold the reimbursement of payments received from the Consumer until they receive the item back or until the Consumer provides proof of sending it back, whichever occurs first.

  8. A Consumer withdrawing from the Sales Agreement in accordance with point 1 of this paragraph bears only the direct cost of returning the Product to the Seller.

  9. The 14-day period in which the Consumer may withdraw from the contract counts from the day on which the Consumer (or a third party designated by them other than the carrier) took possession of the Product.

  10. The right of withdrawal from a distance contract is not available to the Consumer in the case of a Sales Agreement where the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy their individualized needs.

  11. The right to withdraw from the Sales Agreement is available to both the Seller and the Customer in the event of non-performance by the other party of its obligation within a strictly defined period.

§ 9 TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables the use of an Electronic Service via the Store, which is the conclusion of Product Sales Agreements.

  2. The provision of the Electronic Service to Service Recipients in the Store takes place under the conditions specified in the Regulations.

  3. The Service Provider has the right to place promotional content on the Store's website. This content constitutes an integral part of the Store and the materials presented therein.

§ 10 CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR ELECTRONIC SERVICES

  1. The provision of the Electronic Service specified in § 9 point 1 of the Regulations by the Service Provider is free of charge.

  2. The agreement for the provision of an Electronic Service consisting in enabling the placement of an Order in the Store is concluded for a definite period and is terminated upon placing the Order or ceasing to place it by the Service Recipient.

  3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:

    • A computer (or mobile device) with Internet access,

    • Access to electronic mail (e-mail),

    • A web browser,

    • Enabling Cookies and JavaScript in the web browser.

  4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good customs, taking into account respect for personal rights and intellectual property rights of third parties.

  5. The Service Recipient is obliged to enter data that is consistent with the actual state.

  6. The Service Recipient is prohibited from providing unlawful content.

§ 11 COMPLAINTSOto kompletne, profesjonalne tłumaczenia Regulaminu Sklepu Internetowego sklep.amberwave.pl na język angielski oraz hiszpański, przygotowane zgodnie z wymogami e-commerce oraz europejskiego prawa konsumenckiego.

Terms and Conditions (English)

TERMS AND CONDITIONS OF THE ONLINE STORE sklep.amberwave.pl

§ 1 GENERAL PROVISIONS

  1. The store operating at sklep.amberwave.pl operates under the terms and conditions defined in these Terms and Conditions.

  2. These Terms and Conditions specify the conditions for concluding and terminating Product Sales Contracts, the complaint procedure, as well as the types and scope of services provided electronically by the Store at www.sklep.amberwave.pl, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.

  3. Every Service Recipient, upon taking steps to use the Electronic Services of the Store sklep.amberwave.pl, is obliged to comply with the provisions of these Terms and Conditions.

  4. In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, including:

    • The Act on the Provision of Electronic Services of 18 July 2002,

    • The Act on Consumer Rights of 30 May 2014,

    • The Act on Out-of-Court Consumer Dispute Resolution of 23 September 2016,

    • The Civil Code Act of 23 April 1964, and other applicable provisions of Polish law.

§ 2 DEFINITIONS

  1. ORDER FORM – an electronic form available on the website sklep.amberwave.pl allowing the placement of an Order.

  2. CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Contract with the Seller.

  3. CONSUMER – a natural person performing a legal transaction with an entrepreneur that is not directly related to their business or professional activity.

  4. ENTREPRENEUR – a natural person, a legal entity, or an organizational unit without legal personality granted legal capacity by law, conducting business or professional activity in its own name.

  5. PRODUCT – a movable item available in the Store which is the subject of a Sales Contract between the Customer and the Seller.

  6. TERMS AND CONDITIONS – these regulations of the Store.

  7. STORE – the Service Provider’s online store operating at sklep.amberwave.pl.

  8. SELLER, SERVICE PROVIDER – Amber Wave Pracownia Jubilerska Joanna Żochowska, NIP: 5851368458, ul. Przetoczna 66, 80-702 Gdańsk, Poland.

  9. SALES CONTRACT – a Product Sales Contract concluded between the Customer and the Seller via the Store.

  10. ORDER – the Customer's declaration of intent constituting an offer to conclude a Product Sales Contract with the Seller.

  11. PRICE – the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.

§ 3 PRODUCT INFORMATION AND ORDER PLACEMENT

  1. The store sklep.amberwave.pl sells Products via the Internet.

  2. Products offered in the Store are new, conform to the contract, and have been legally introduced to the Polish market.

  3. Information presented on the Store's website does not constitute an offer within the meaning of applicable law. By placing an Order, the Customer submits an offer to buy a specific Product under the conditions specified in its description.

  4. The Product Price displayed on the Store's website is given in Polish Zloty (PLN) and includes all components. The price does not include delivery costs.

  5. Orders can be placed via the website using the Order Form (sklep.amberwave.pl) 24 hours a day, all year round.

  6. A condition for placing an Order in the Store is reading these Terms and Conditions and accepting their provisions at the time of placing the Order.

§ 4 CONCLUSION OF THE SALES CONTRACT

  1. To conclude a Sales Contract, the Customer must first place an Order using the method provided by the Seller, in accordance with § 3 points 5 and 6 of these Terms and Conditions.

  2. After an Order is placed, the Seller immediately confirms its receipt.

  3. Confirmation of Order receipt, referred to in point 2 of this section, binds the Customer to their Order. Confirmation of receipt takes place via email.

  4. Confirmation of Order receipt includes:

    • Confirmation of all essential elements of the Order,

    • A statutory contract withdrawal form,

    • These Terms and Conditions containing instructions on the right of withdrawal.

  5. Upon receipt by the Customer of the email message referred to in point 4 of this section, a Sales Contract is concluded between the Customer and the Seller.

  6. Each Sales Contract will be confirmed by proof of purchase attached to the Product.

§ 5 PAYMENT METHODS

  1. The Seller provides the following payment methods:

    • Payment by traditional bank transfer to the Seller's bank account,

    • Payment via an electronic payment system.

  2. In the case of payment by traditional bank transfer, payments should be made to the following bank account: 33 1160 2202 0000 0006 2508 7513 (Bank Millennium). The order number must be entered in the transfer title.

  3. In the case of payment via an electronic payment system, the Customer pays before the order fulfillment begins. The electronic payment system enables payment by credit card or instant online transfer from selected banks.

  4. The Customer is obliged to pay the price under the Sales Contract within 3 business days from the date of its conclusion, unless the Sales Contract provides otherwise.

  5. The Product will be dispatched only after it has been fully paid for.

§ 6 COST, TIME, AND METHODS OF DELIVERY

  1. Product delivery costs, covered by the Customer, are determined during the Order placement process.

  2. The delivery time consists of the Product processing time and the transportation time by the carrier:

    • Product processing time is up to 3 business days,

    • Delivery of Products (movable items) by the carrier takes place within the timeframe declared by the carrier, i.e., 3 business days from dispatch (deliveries take place exclusively on business days, excluding Saturdays, Sundays, and public holidays).

  3. Products purchased in the Store are shipped exclusively within Poland via Poczta Polska (Polish Post) or a courier company.

§ 7 PRODUCT COMPLAINTS

  1. Complaint regarding non-conformity of the Product with the contract:

    • The legal basis and scope of the Seller's liability towards a Customer who is a Consumer for non-conformity of the Product with the contract are set out in the Consumer Rights Act of 30 May 2014.

    • The legal basis and scope of the Seller's liability towards a Customer who is an Entrepreneur under statutory warranty are set out in the Civil Code Act of 23 April 1964.

  2. The Seller is liable to a Consumer Customer for any lack of conformity of the Product with the contract existing at the time of delivery and revealed within 2 years from that moment, unless the shelf life/usability period specified by the Seller is longer.

  3. Notifications of non-conformity of the Product with the contract and submission of appropriate demands can be made via email to: reklamacje@sklep.amberwave.pl or in writing to: Amber Wave, Ul. Przetoczna 66, 80-702 Gdańsk, Poland.

  4. The above written or electronic notification should include as much detail and relevant circumstances as possible, in particular the nature and date of the issue, as well as contact details.

  5. To evaluate non-conformity, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at their own expense.

  6. The Seller will respond to the Customer's demand immediately, no later than within 14 days from the date of the complaint submission.

  7. In the case of a Consumer's complaint, failure to respond within 14 days of submission means that the complaint has been accepted.

  8. In connection with a justified complaint from a Consumer, the Seller accordingly:

    • Covers the costs of repair or replacement and redelivery of the Product to the Customer,

    • Reduces the price of the Product and refunds the reduced price difference to the Consumer within 14 days,

    • In case of contract termination, refunds the full Product price within 14 days from receiving the returned goods or proof of return.

  9. Responses to complaints are provided on paper or another durable medium (e.g., email or SMS).

§ 8 RIGHT TO WITHDRAW FROM THE CONTRACT

  1. Subject to point 10 of this section, a Customer who is a Consumer and concluded a distance contract may withdraw from it without giving any reason by submitting an appropriate statement within 14 days.

  2. In the event of withdrawal, the Sales Contract is considered null and void. The Consumer is obliged to return the Product to the Seller immediately, no later than 14 days from the date of withdrawal.

  3. Returns should be addressed to: Amber Wave, Ul. Przetoczna 66, 80-702 Gdańsk, Poland.

  4. The Consumer is liable for any diminished value of the Product resulting from handling beyond what is necessary to establish its nature, characteristics, and functioning.

  5. The Seller will refund the value of the Product along with standard delivery costs using the same payment method used by the Consumer, within 14 days of receiving the withdrawal statement.

  6. If the Consumer selected a delivery method other than the cheapest standard delivery offered by the Store, the Seller is not obliged to refund the additional costs.

  7. The Seller may withhold the refund until receiving the returned item or proof of dispatch, whichever occurs first.

  8. The Consumer covers the direct costs of returning the Product to the Seller.

  9. The 14-day withdrawal period begins on the day the Consumer (or a designated third party other than the carrier) takes physical possession of the Product.

  10. The right of withdrawal from a distance contract does not apply to contracts where the subject of performance is a non-prefabricated item made to the Consumer's specifications or clearly personalized.

§ 9 TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables the use of Electronic Services via the Store, namely the conclusion of Product Sales Contracts.

  2. The provision of Electronic Services in the Store takes place under the terms specified in these Terms and Conditions.

  3. The Service Provider has the right to place promotional content on the Store's website, which forms an integral part of the Store.

§ 10 CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR ELECTRONIC SERVICES

  1. The provision of the Electronic Service specified in § 9 point 1 of the Terms and Conditions by the Service Provider is free of charge.

  2. The agreement for the provision of Electronic Services allowing the placement of an Order is concluded for a definite period and terminates upon placing the Order or ceasing to place it.

  3. Technical requirements necessary to cooperate with the ICT system used by the Service Provider:

    • A computer or mobile device with Internet access,

    • Access to email,

    • A web browser,

    • Enabling Cookies and JavaScript in the web browser.

  4. The Service Recipient is obliged to use the Store in compliance with the law and good customs, respecting personal rights and intellectual property rights of third parties.

  5. The Service Recipient is obliged to enter accurate data and is prohibited from providing unlawful content.

§ 11 COMPLAINTS REGARDING ELECTRONIC SERVICES

  1. Complaints related to the provision of Electronic Services through the Store can be submitted via email to: reklamacje@amberwave.pl.

  2. The email should include details regarding the nature and date of the issue, as well as contact information.

  3. Complaints will be processed immediately, no later than within 14 days of submission.

  4. The response will be sent to the Service Recipient's email address provided in the submission.

§ 12 FINAL PROVISIONS

  1. Contracts concluded through the Store are governed by Polish law.

  2. In the event of inconsistency of any part of these Terms and Conditions with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.

  3. Any disputes arising from Sales Contracts between the Store and Consumers will be resolved primarily through negotiation with the intention of amicable settlement. If an agreement cannot be reached, disputes will be settled by the competent common court.

  4. Consumers may use out-of-court dispute resolution mechanisms, including mediation or arbitration courts (information available at www.uokik.gov.pl).

  5. Consumers may also submit complaints via the European Online Dispute Resolution (ODR) platform available at: [http://ec.europa.eu/consumers/odr/](http://ec.europa.eu/consumers/odr/)