REGULATIONS OF THE UMIAR.pl ONLINE STORE


§1 General provisions

1. The UMIAR online store operating at www.umiar.pl (hereinafter: the Store) is run by: Fundacja Rozwoju Przedsiębiorczości "Twój StartUp" based in Warsaw, ul. Żurawia 6/12, office 766, 00-503 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number: 0000442857, for which the NIP was issued: 521-364-12-11; REGON number: 146-433-467, and BDO number: 000460502, hereinafter referred to as the Foundation.

2. The warehouse, shipment of goods as well as accepting returns and complaints is carried out by the Organized Part of the Foundation's Enterprise called UMIAR, address: Mokotowska 50/10, 00-543 Warsaw, e-mail address: uarówka@umiar.pl

3. The regulations define:
A. rules of using the Store;
B. conditions for placing orders for goods available in the Store;
C. time and rules of order fulfillment;
D. terms and forms of payment;
E. the Customer's right to cancel the order and withdraw from the contract;
F. rules for submitting and considering complaints;
G. rights of the Customer who is a consumer.

4. The store conducts retail sales via the website, using means of distance communication. Sales contracts concluded by the Customer with the Store are contracts concluded remotely, within the meaning of the Act of May 30, 2014 on consumer rights.

5. Viewing the Store's assortment does not require registration and the Customer does not need to register independently for goods in the Store's assortment. Using the Store in the manner described above is tantamount to concluding a free contract with the Store for the provision of electronic services. Such an agreement is concluded while browsing the Store and is terminated when the Customer leaves the Store's website.

6. The Regulations are available to everyone free of charge in a form that enables their acquisition, reproduction and preservation.


§2 Terms and time of order fulfillment

1. The customer places an order by indicating the goods he is interested in, by using the "add to basket" command on the website, and then indicating the delivery and payment method in the basket and confirming the order.

2. The submission and confirmation of the order entails the obligation for the Customer to pay the price of the goods and the cost of delivery.

3. The basket offers the Customer the possibility to:
A. adding and removing goods and their quantity;
B. indication of the address to which the goods are to be delivered and the data necessary to issue an invoice;
C. choosing the method of delivery;
D. choosing the method of payment;
E. adding a discount code.

4. In the event of a justified suspicion that the Customer has provided false data, the Store has the right to withdraw from the order, notifying the Customer about it.

5. The shipment of the purchased goods is carried out on time: on the website of each product in the Store, an individual time of completion is given. Jewelry from the "24h" tab is shipped within 24 hours, gold jewelry 585 up to 10 working days, and other categories within 2-3 working days, subject to paragraph 17 of this paragraph, counted when the payment is confirmed on the Store's bank account (if one of the other payment methods is selected).

6. Electronic orders can be placed 24 (say: twenty four) hours 7 (say: seven) days a week. Orders placed on Saturdays, Sundays or public holidays will be considered only on the next working day.

7. The shop reserves the right to temporarily suspend its activity, especially for the purposes of carrying out maintenance, development or modernization works.

8. Failure to pay within 5 (say: five) days from the date of placing the order results in the cancellation of the order. In such a situation, the customer may place the order again. The implementation of the order payable by bank transfer or credit card begins with the receipt of the payment for the goods.

9. In the absence of the ordered goods in the Store or the inability to fulfill the Customer's order for other reasons, the Store will inform the Customer about it by sending information to the e-mail address provided during registration within 7 (say: seven) days from the date of conclusion of the contract. .

10.If the payment for the subject of the order, which could not be completed in whole or in part, was made in advance, the Store will refund the Customer the amount paid (or the difference) within 14 (say: fourteen) days from the date of sending the information, on the terms specified in detail in point § 9 of the Regulations.

11. If the Customer provides incorrect or inaccurate data, including in particular an incorrect or inaccurate address, the Store shall not be liable for failure to deliver or delay in delivering the subject of the order, to the fullest extent permitted by law.

12. The order fulfillment time is given taking into account the date of completion of all ordered goods.

13. Individual orders (on request) can be placed via the e-mail address of the Store or by phone. In this case, the Store will make an indicative valuation and send it to the e-mail address provided by the customer. The time of completing an individual order (on request) is up to 20 working days, and in the case of materials that are difficult to access, it may be extended to the time necessary for the proper performance of the order.


§3 Prices of goods and cost of delivery

1. The prices placed next to the goods offered by the Store are gross prices, which means that they include the tax on goods and services (VAT). Prices are given in Polish currency.

2. Delivery of the ordered goods in Poland is free. The store bears the shipping costs in Poland.

3. In the case of foreign orders, the shipping costs are borne by the customer.

4. The total amount that the customer has to pay in connection with the purchase of the selected goods consists of the price and the cost of delivery.

5. The Store reserves the right to change the prices of goods in the Store, introduce new goods for sale, carry out and cancel promotional campaigns, or introduce changes to them in accordance with the provisions of the Civil Code and other laws, and such changes do not violate the rights of persons who concluded contracts for the sale of goods offered by the Store prior to the above-mentioned changes, or the rights of persons authorized to use a given promotion, in accordance with its rules and during its duration.

6. The store offers the following delivery methods:
A. InPost parcel lockers;
B. courier delivery;
C. postal item of Poczta Polska abroad;
D. DPD courier abroad.

7. When collecting the parcel delivered by the courier, it is recommended that the Customer checks the condition of the outer packaging of the parcel in his presence. In the event of damage to the package, it is recommended that the Customer, together with the courier, draw up a damage report in two identical copies signed by the Customer and the courier. Failure to comply with the above recommendations does not affect the Customer's right to submit a complaint.


§4 Payment methods

1. The customer may pay in one of the following ways:
A. online using PayPal;
B. by credit card;
C. online with Przelewy24

2. The refund is made in the same way as the payment was made by the customer, unless the customer has expressly agreed to a different method of return, which does not involve any costs for him.


§5 The consumer's right to withdraw from the contract

1. The provisions of this paragraph apply only to the Customer who is a consumer.

2. A consumer is a natural person who performs a legal transaction with an entrepreneur not related directly to his business or professional activity.

3. The customer has the right to withdraw from the concluded contract without giving any reason and incurring costs. The contract from which the Customer has withdrawn is considered void.

4. To withdraw from the contract by the Customer, it is sufficient to submit a statement of withdrawal from the contract and send it to the Store within 14 (say: fourteen) days from the date of delivery of the goods to the Customer, and if the goods are delivered in parts, from the date of delivery of the last part.

5. To meet the deadline for withdrawing from the contract, it is sufficient:
A. sending a written statement to the address of the Store, or
B. sending a scan of the signed statement to the e-mail address of the Store: uarówka@umiar.pl

6. The Store shall immediately send the Customer, on a durable medium, confirmation of receipt of the declaration of withdrawal from the contract, submitted electronically, referred to in paragraph. 4 point 2) of this paragraph.

7. In the case referred to in sec. 1, the customer is obliged to return the purchased goods immediately, not later than within 14 (say: fourteen) days from the date of withdrawal from the contract. To meet the deadline, it is enough to send the goods before its expiry. The costs of returning the goods are borne by the customer.

8. In the case referred to in sec. 2, the Store is obliged to provide the Customer with the amount paid for the goods covered by the return and the shipping costs paid, within no more than 14 (say: fourteen) days from the date of submitting the declaration of will to withdraw. However, if the Customer has chosen a method of delivering the goods to the order other than the cheapest method offered by the Store for a given order, the Store is not obliged to refund the additional costs incurred by the Customer.

9. The Store may withhold the reimbursement of payments received from the Customer until the goods are returned or the Customer provides proof of their return, depending on which event occurs first.

10. The Store will refund the payment using the same method as used by the Customer, unless the Customer agrees with the Store on a different method of return that does not involve any costs for him.

11. The store will also correct the previously provided proofs of purchase (VAT correcting invoice).

12. If the Customer sent a declaration of withdrawal from the contract before receiving the confirmation of the order, the order is canceled.

13. The customer is liable for a decrease in the value of the goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and properties of the goods.

14. The right to withdraw from the contract is not entitled to the customer in relation to the contracts indicated in art. 38 of the Act on consumer rights, i.e. contracts:
A. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs.


§6 Complaints

1. The Store undertakes that the offered goods are free from physical and legal defects.

2. The customer has the right to lodge a complaint in the event of non-compliance of the goods with the contract.

3. Complaints in this respect, the Customer shall submit in writing or by e-mail on time
2 (in words: two) years from the date of delivery of the goods to the correspondence address or e-mail address indicated in § 11 Complaints.

4. The complaint may contain one of the following requests:
A. lowering the price;
B. defect removal;
C. replacement of the product with a product free from defects;
D. declaration of withdrawal from the contract.

5. The Store may request that the complaint be supplemented by sending a copy or scan of the proof of purchase (eg VAT invoice or specification) to the address indicated in the request for supplementing the complaint, the packaging of the parcel in which the advertised goods have arrived or the goods which are the subject of the complaint.

6. The complaint will be considered within 14 (say: fourteen) days from the date of its submission, or, if it was necessary to complete the complaint, from the date of completing the complaint.

7. In the event that the Store does not respond to the complaint within the time limit specified in paragraph 6 of this section, it is assumed that the complaint has been acknowledged.

8. If the complaint is considered justified, the Store informs immediately
about it and makes, depending on the request: price reduction or sends the customer a full-fledged product, and in the absence of such a possibility, returns the amount due to the customer by postal order to the address indicated or by transfer to the bank account. The Store issues to the Customer the appropriate correction of the proof of purchase (VAT correcting invoice or corrective specification).

9. The application of a specific method of out-of-court dispute resolution is possible only with the mutual consent of the Customer and the Store. Detailed procedures for out-of-court dispute resolution between the Customer and the Store are available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl, on the websites of Provincial Inspectorates of Trade Inspection, as well as at poviat (municipal) consumer ombudsmen.

10. In matters not regulated in the Regulations, the provisions of the Civil Code, including in particular the provisions on warranty, shall apply to the rights and obligations of the Customer and the Store in the event of a defect in the goods.

11. In the case of a sale that is not a consumer sale, liability under the warranty is excluded.


§8 "Cookies"

1. The store does not automatically collect any information, except for information contained in cookies.

2. Cookie files (so-called "cookies") are IT data, small information sent by the website and stored on the Customer's end device (computer, laptop, smartphone) necessary for the proper functioning of the website or functionalities that the Customer wants to use. These files contain various information necessary for the proper functioning of the website, usually the name of the website, their personalization and login information.

3. The Store uses cookies to adapt the content of the Store's websites to the Customer's preferences and to optimize the use of websites. They make it possible to recognize the Customer's device and display a website tailored to his individual preferences, as well as to create statistics that will help understand how the Customer uses the Store and thus improve the structure and content of the Store.

4. The store divides the stored cookies according to the time they are stored in the customer's end device and distinguishes between:
A. Temporary cookies (session cookies) - used only during the current client's session and deleted after its closing.
B. Persistent cookies - they are not deleted after closing the current session and are stored on the client's computer for a specified period of time or without the validity period, depending on the individual settings of the website owner.

5. The customer may at any time delete cookies on his computer. The Store informs that the removal, exclusion or limitation may affect the proper functioning of the Store or some of its components.

6. The store also distinguishes cookies as follows:
A. Functional - enabling proper use of the Store,
B. For security purposes - enabling safe use of the Store's functionalities,
C. Authentication - enabling the maintenance of the so-called Customer login session,
D. Advertising - enabling the display of personalized advertisements
E. Configuration - enabling the configuration of the Store's function and service settings.

7. Detailed information on the possibilities and methods of handling cookies is available in the software (web browser) settings

8. Cookies placed on the end device of the Store's Customer may also be used by advertisers and partners cooperating with the Store's operator.


§8 Return of the amount paid by the Customer

1. The Store will make a refund within 14 (say: fourteen) calendar days, using the same payment methods that were used by the Customer for payment, in the case of:
A. cancellation of an order paid in advance before its fulfillment;
B. returning the goods (withdrawing from the contract) from the order, which was delivered via a courier company;
C. accepting the complaint and the impossibility of repairing the damaged goods or replacing them with a new one.

2. The Store will refund the money to the Customer's bank account (including the related one
with the customer's credit or payment card).


§9 Newsletter

1. The customer may consent to receive commercial information, including commercial information, by electronic means by selecting the appropriate option in the registration form or via the website. If such consent is given, the Customer will receive the Store's newsletter (Newsletter) to the e-mail address provided by him.

2. The Customer may unsubscribe from the Newsletter at any time by himself by submitting a request to the data controller or by clicking on the deactivation link included in each Newsletter message.


§10 Store contact details

1. The Customer may contact the Store:
A. by phone at: 784194080 and 606138139;
B. via e-mail to the following e-mail address: uarówka@umiar.pl.


§11 Final provisions

1. To the fullest extent permitted by law, the Store is not responsible for blocking by mail server administrators sending messages to the e-mail address provided by the Customer and for removing and blocking e-mails by software installed on the computer used by the Customer.

2. The Store is not responsible for the devices and infrastructure used by the Customer, including malfunctioning of public teleinformatic networks, resulting in e.g. lack of or disruptions in access to the Store.

3.The Store, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions, in operation caused by force majeure, unlawful actions of third parties or the Store's incompatibility.
with the customer's technical infrastructure.

4. The Store informs that displaying the visualization of goods in the Customer's ICT system depends on a number of factors, including the type of matrix, proportions, resolution, the method of its illumination, the technologies used and the efficiency of the control electronics and settings. Discrepancies between the visualization available in the Customer's IT system and the actual appearance of the goods cannot be the basis for the complaint.

5. The Store informs that all trademarks (logos, logos, brand names, etc.) posted on the Store's website, graphic materials or photos are subject to legal protection and are used by the Store for information purposes only.

6. All names of goods offered for sale by the Store are used for identification purposes and may be protected or reserved under the provisions of the Industrial Property Law Act.

7. The Store points out that the Store's website contains content protected by intellectual property law, in particular works protected by copyright (content posted in the Store, layout, graphics, photos, etc.). Customers and visitors to the Store undertake to comply with intellectual property rights (including proprietary copyrights and industrial property rights such as rights resulting from the registration of trademarks) of the Store and third parties. The customer or the person visiting the Store's website is solely responsible for non-compliance with the provisions of this section.

8. Unless the provisions of mandatory law provide otherwise, disputes related to contracts concluded on the basis of the Regulations shall be settled by the court having jurisdiction over the Store.

9. In matters not covered by the Regulations, the applicable provisions of Polish law shall apply, in particular the provisions of:
A. the Act of April 232, 1964 of the Civil Code;
B. the Act of May 30, 2014 on consumer rights;
C. the Act of May 30, 2014 on consumer rights.

10. The Regulations are valid from: 01/02/2021.


Notice on out-of-court dispute resolution:

Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on ODR in consumer disputes), Fundacja Rozwoju Przedsiębiorczości "Twój Startup" based in Warsaw hereby provides an electronic link to the online platform ODR (online dispute resolution): https://webgate.ec.europa.eu/odr. The ODR platform enables out-of-court settlement of disputes between entrepreneurs and consumers. Settlement of disputes by this method is voluntary.