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Terms & conditions

Terms and conditions of service - monamica.com

1.    Definitions

1.1.    Store – an online store located at the electronic address https://monamica.com/, enabling access to monamica.com - an online jewellery store with diamond jewellery (hereinafter also referred to as: "monamica.com").
1.2.    Operator – Monamica, a limited liability company with its registered office in Warsaw at Q22, Jana Pawła II 22 Street (00-133), registered in the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under the KRS number 0000872066, with NIP/Tax ID: PL5213914123, REGON: 387664361, share capital: PLN 10,000.00. Contact with the Operator: office@monamica.com. The operator is the owner of the Store and the service provider within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended).
1.3.    Client – a natural person over 18 years of age, a legal person or an organizational unit with legal capacity that is provided with the services on the terms described in the Terms and Conditions, using the Store. The customer may be (1) a consumer, i.e. a natural person using the Store without any connection with its business or professional activity, or (2) an entrepreneur, including a natural person using the Store in connection with a business activity, but the contract concluded with the Store is not of professional nature.
1.4.    Concierge service – a meeting between the Operator and the Client, aimed at learning about the nature, expectations and aesthetic direction of the Client, aimed at creating an individualized jewellery design by designers cooperating with the Operator, according to the Client's preferences and especially at the Client’s request.
1.5.    Data – customer data, including personal data, processed to the extent necessary for the proper performance of the services offered through the Store.
1.6.    Terms and conditions – this document.
1.7.    GDPR - Regulation 2016/679 of the European Parliament and of the EU Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 /EC (general regulation on the protection of data).

2.    Terms and Conditions
These regulations define the terms and conditions for the provision of services by the Operator via the Store. Acceptance of the provisions of these Terms and Conditions is voluntary but necessary to be able to use the Store.

3.    Characteristics of the Store and Services provided

3.1.    Monamica.com is an online diamond jewellery store. It is aimed at customers who want to: (i) purchase diamond jewellery directly from the Operator or (ii) design and purchase jewellery according to their individual preferences (concierge service).
3.2.    The colours and appearance of the products presented in the Store may differ from reality - due to technical limitations related to the reproduction of colours on computer equipment.
3.3.    The operator has the right to use subcontractors when providing services by the Store.

4.    Technical requirements
The correct use of the Store and proper display of the Store's pages does not require installation of any specific software. It is sufficient in this respect to meet the minimum technical requirements for using the Internet, i.e. Internet connection and a web browser in the most recent version possible.

5.    Rules for using the Store
5.1.    It is forbidden to use the Store in a manner inconsistent with the provisions of these Terms and Conditions, applicable law, moral behaviour or principles of social coexistence.
5.2.    It is forbidden to copy, duplicate or use any part of the content of the Store without the prior written consent of the Operator.
5.3.    The Customer is not entitled to provide third parties with services in whole or in part, or to develop similar services to those provided by the Operator as a model, or other activities that violate copyrights and other intellectual property rights.
5.4.    The Customer undertakes to refrain from any actions aimed at hindering, destabilizing the activities of the Store or making it difficult for other Customers to use the Store.
5.5.    The Customer may not post illegal content in the Store, which means in particular: vulgar, erotic content, inducing racism, inducing persecution for ethnic, cultural or religious reasons, promoting or favouring criminal activities, violating third party rights, including intellectual property rights or other forms of infringement of legally protected goods.

6.    Shopping in the Store and Concierge Service

6.1.    The Customer has the option to purchase diamond jewellery directly in the Store, the visualization of which is available on the Store's website.
6.2.    Making a purchase in the Store is possible both for Customers who have created an account, as well as for Customers without an account in the store.
6.3.    The purchase of diamond jewellery consists in:
1)    choosing a product from the Store's website,
2)    adding it to the cart,
3)    providing data for shipping,
4)    choosing the form of delivery,
5)    selecting a payment method via an external operator.
6.4.    The product price includes insurance for the time of shipment.
6.5.    After selecting the payment method, the Customer is redirected to the payment page. After making the payment, the Operator receives a payment confirmation and sends the Customer a confirmation of purchase. After that, the purchased diamond jewellery is shipped to the Customer.
6.6.    Payment methods, as well as delivery methods and prices are available on the Store's website.
6.7.    The given product prices are gross prices.
6.8.    The Customer is obliged to provide their real data during registration and bears full responsibility for it.
6.9.    By clicking the "Order and pay" button, the Customer confirms that they want to make a purchase with an obligation to pay.
6.10.    Before proceeding to payment, it is necessary to accept the Store Terms and Conditions and Privacy Policy. At this time, the Customer also has the option to consent to receive the newsletter, and thus consent to receiving commercial information to the e-mail address provided during registration.
6.11.    The photos and other forms of visualization and presentation of the goods (video recordings) presented on the Store's website may not reflect their actual size. The operator has made every effort to ensure that the presentation of diamonds in the form of photos or videos (applies to selected products) gives an idea of their weight (size). In order to obtain additional information and photos, the Customer should contact the Store.
6.12.    Shipment of products shall take place only to addresses located in the territory of the Republic of Poland, as well as to the countries indicated by the Operator and where the Operator specified a separate delivery cost.
6.13.    The Customer is obliged to check the condition of the product or, if it is difficult, the condition of the shipment (packaging) immediately after the delivery. In the event of any damage that may arise in transport, the Customer should prepare an appropriate damage report and immediately notify the Operator. The operator is not responsible for failure to deliver the product for reasons attributable to the Customer - e.g. due to indicating an incorrect or incomplete delivery address that prevents delivery of the shipment. In such case, the Operator will notify the Customer of an unsuccessful attempt to deliver the product.
6.14.    The concierge service order is initiated by filling in the appropriate form on the Store's website, the completion of which requires the following data: Customer's name, e-mail address and telephone number.
6.15.    Detailed conditions for the performance of the concierge service are determined at the Operator's meeting with the Customer. The Operator arranges the date of the meeting with the Customer by telephone, after receiving the completed form referred to in the previous point (6.14).

7. Conclusion of a contract for the provision of electronic services, withdrawal from the contract, termination of the contract

7.1.    The moment of setting up an account by the Customer in the Store is equivalent to concluding an agreement with the Operator for the provision of electronic services (hereinafter also: "agreement for maintaining an account in the Store").
7.2.    When concluding an account agreement in the Store, the Customer who is a consumer, by accepting these Terms, declares that they have been informed about the right to withdraw from the contract provided for in the Act of 30 May 2014 and requests the service being delivered before the deadline for withdrawal from the contract; and is aware that the submission of this request means that after the service has been performed, they are not entitled to withdraw from the contract concluded with the Operator under the above-mentioned act.
7.3.    The Customer may terminate the account agreement in the Store at any time without giving reasons, by sending a relevant statement to the Operator's email address. This is without prejudice to the possibility of withdrawing or making a complaint on the terms set out in these Terms and Conditions.
7.4.    The Operator reserves the right to terminate the agreement for maintaining an account in the Store with a 1-month notice period without giving a reason. The Customer is informed about this fact via e-mail assigned to his account.
7.5.    The Customer who is a consumer has the right to withdraw from the sales contract concluded remotely with the Store within 14 days. The period for withdrawal from the contract runs from the day on which the Customer or a third party designated by them, who is not a carrier, came into possession of the product. The right referred to in the first sentence shall not apply to the Customer who is a consumer that has concluded a contract with the Store as part of the concierge service.
7.6.     A Customer who is a consumer may withdraw from the contract by submitting a declaration of withdrawal to the Store. The declaration may be submitted on the form, a specimen of which is attached as Appendix 1 to the Terms and Conditions. To meet the deadline, it is enough to send a statement before its expiry to the email address: office@monamica.com or by traditional post.
7.7.    The Store is obliged to, immediately, no later than within 14 days from the date of receipt of the Customer's statement on withdrawal from the contract, return to the Customer who is a consumer, all payments made by them, including the costs of delivering the goods.
7.8.    The Store refunds the payment using the same method of payment as used by the Customer, unless the Customer has clearly agreed to a different method of return, which does not involve any costs for them.
7.9.    The Store may withhold the reimbursement of payments received from the Customer until the item is returned or the Customer provides a proof of its return, depending on which event occurs first.
7.10.    If the Customer has chosen a method of delivery other than the cheapest standard delivery method offered by the Store, the Store is not obliged to reimburse the consumer for additional costs incurred by them.
7.11.    The Customer is obliged to return (send back) the item immediately, but not later than 14 days from the date on which they withdrew from the contract. To meet the deadline, it is enough to return the items before its end.

8. Account lockout
8.1.     Users are obliged to use the content of the Store in a manner consistent with the provisions of these Terms, applicable law and the principles of social coexistence.
8.2.    In the event of a breach of the provisions of these Terms, violation of the law or otherwise affecting legally protected goods, the Operator reserves the right to block the Customer's account, block the Customer's access to some of the services available in the Store, and in particularly glaring cases - irretrievably delete the Customer's account, in the event of ineffective prior call to the customer to stop the infringement. Blocking the Customer's account and blocking the Customer's access to some of the services available in the Store may be, at the Operator's discretion, applied for a specified period of time or until its cancellation.
8.3.    Removal of the Customer's account is a termination of the Customer's account agreement with immediate effect. The fact of blocking the account, access to some services or deletion of the account shall be notified to the Customer via their current email address.

9. Accountability of the Store Operator
9.1.    The Operator undertakes to ensure the highest possible quality of its services.
9.2.    To set up an account in the Store, it is required to provide an email address and password.
9.3.    The Operator is accountable for non-performance or improper performance of services in accordance with the applicable law.
9.4.    The Customer acknowledges that due to the technical configuration of the equipment with which the Customer browses the Store's pages, certain functions of the Store may not be available to them.
9.5.    The operator reserves the right to temporarily disable the operation of the Store at any time for the purposes of maintaining, updating and technical improvement of the equipment or to expand the content of the Store, the information of which will be posted on the Store's website in advance.

10.     Personal Data

10.1.    The operator processes the personal data of Customers and is their administrator.
10.2.    To place an order in the Store, you must provide your first name, last name, company (if applicable), address, postal code, city, country.
10.3.    Customer’s rights and more current information on the protection of personal data, including information obligations required by the GDPR, can be found in the Store's Privacy Policy.

11.     Complaints

11.1.    Any comments related to the functioning of the Store may be reported by the Customer by sending a complaint to the following address: office@monamica.com. The Customer may submit complaints to the same address for non-performance or improper performance of services by the Operator.
11.2.    A complaint should include:
a)    indication of the Customer's data in a way that enables their identification,
b)    the subject of the complaint,
c)    circumstances justifying the complaint,
d)    request statement (indication of the request).
11.3.    Complaints shall be considered by the Operator within no more than 30 days of their receipt, if the Customer formulates the complaint in a clear and transparent manner.
11.4.    In the event of incompleteness or ambiguities preventing the recognition of the complaint within the above period, the Operator will ask the Customer to supplement it within 7 days. In the event of an unsuccessful summons, the complaint shall not be examined.
11.5.    The Client shall be informed about the settlement of the complaint by a notification sent to their current email address.
11.6.    If the Operator does not reply to the complaint within 30 days from its receipt, it is deemed to have accepted the complaint.
11.7.    In the event that the complaint submitted by the Customer who is a consumer is not considered, the Operator shall provide the Customer, in response to the complaint, with a declaration of:
a)    the intention to apply for the initiation of proceedings for the out-of-court resolution of consumer disputes before the voivodeship trade inspector or consent to participate in such proceedings, or
b)    the refusal to participate in the out-of-court settlement of consumer disputes before the voivodeship trade inspector.
11.8.    The statement shall be provided to the Customer by email.
11.9.    In the case referred to in point 10.7 a) above, the Operator, together with the statement, shall provide the Customer with the information about the entity entitled to the amicable settlement of the dispute. The register of these entities can be viewed by the Customer at http://polubowne.uokik.gov.pl/rejestr,5,pl.html.
11.10.    If the Operator does not submit any statement, it is deemed that it agrees to participate in the out-of-court resolution of consumer disputes.

12.     Final provisions
12.1.    These Terms and Conditions are available at the headquarters of the Operator and at the address https://monamica.com/ in an electronic version, enabling their acquisition, retrieval and recording using the ICT system used by the Customer.
12.2.     The Operator reserves the right to amend these Terms. Information about changes to the Terms will be sent to the Customer by email to the email address provided by them. Regardless of this, information about changes to the Terms will be published on the main page of the Store.
12.3.    The changes come into force after 7 days from the day they have been made available to the Customer.
12.4.    In the event of non-acceptance of the changes to the Terms, the Customer is entitled to terminate the Agreement by sending an appropriate statement to the address: office@monamica.com before the effective date of the amendments to the Terms. In this case, until the expiry of the Agreement, the provisions of the Terms in the previous wording shall apply, and the Agreement shall expire on the date of entry into force of the amendments to the Terms.
12.5.    In matters not covered by these Terms, the provisions of Polish law shall apply, in particular the Civil Code, the Act of 18 July 2002 on the provision of electronic services, the Act of 30 May 2014 on consumer rights, the Act of 23 September 2016 on out-of-court settlement of consumer disputes and GDPR.
12.6.      Any disputes with the Customer who is a consumer shall be settled by a common court having jurisdiction in accordance with the provisions of the Code of Civil Procedure, while any disputes with a Customer who is not a consumer will be resolved by a common court having jurisdiction over the Operator's seat.
12.7.    After exhausting the complaints procedure, the Customer who is a consumer is entitled to use out-of-court methods of resolving consumer disputes. The register of these entities authorized to resolve these disputes can be viewed by the Customer at  http://polubowne.uokik.gov.pl/rejestr,5,pl.html.
12.8.    The Users who are consumers may use extrajudicial means of dealing with complaints and redress, including via the ODR platform, in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution for consumer disputes and amendments to Regulation (EC) No. 2006/2004 and Directive 2009/22 /EC (Regulation on consumer ODR). The ODR platform is an interactive website through which consumers can submit complaints. It is available at http://ec.europa.eu/consumers/odr.
12.9.    Provisions regarding consumers in the scope of Art. 3851-3853, Art. 556-576 (with the exception of Article 558 § 1, second sentence, Article 563 and Article 567 § 2), as well as 5761-5764 of the Civil Code, as well as the right to withdraw from the contract, apply to a natural person concluding a contract directly related to their business activity, when the content of this agreement shows that they do not have a professional character for that person, resulting in particular from the subject of their business activity, made available under the provisions on the Central Register and Information on Economic Activity.

 

Annex no. 1 - Withdrawal from the contract

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