TERMS AND CONDITIONS

§1 . GENERAL PROVISIONS

1. 1. THE SUBJECT OF THESE REGULATIONS IS THE REGULATION OF THE TERMS OF SALE AND OPERATION OF THE ONLINE STORE. IN ACCORDANCE WITH ART. 384 OF THE CIVIL CODE, THESE REGULATIONS ARE PART OF THE AGREEMENT CONCLUDED WITH THE SELLER.

1. 1. PLACING AN EFFECTIVE ORDER IS POSSIBLE AFTER ACCEPTANCE OF THE PROVISIONS OF THESE REGULATIONS.

1. 1. THE ONLINE STORE SELLS GOODS OVER THE INTERNET, THROUGH THE STORE SYSTEM LOCATED ON THE WEBSITE WWW.MOGESSTUDIO.COM

1. 1. THE OWNER OF THE ONLINE STORE REGISTERED AT WWW.MOGESSTUDIO.COM IS: MONIKA GÓROWSKA 1/48 WOJSKA POLSKIEGO STREET, 34-400 NOWY TARG.

1. 1. THE BUYER MAY BE ANY NATURAL PERSON, LEGAL ENTITY OR ORGANIZATIONAL UNIT WITHOUT LEGAL PERSONALITY, USING ITS OWN ELECTRONIC MAIL ACCOUNT AND HAVING LEGAL ENTITY ENTITLED TO PERFORM LEGAL ACTS IN ACCORDANCE WITH THE LAW.

1. 1. BY CONSUMER – IT SHOULD BE UNDERSTANDED AS AN INDIVIDUAL PERSON PURCHASING PRODUCTS IN THE ONLINE STORE, WITHIN THE MEANING OF ART. 221 OF THE CIVIL CODE.

1. 1. THE PROVISIONS OF THE ACT OF MAY 30, 2014 ON CONSUMER RIGHTS DO NOT APPLY TO ENTITIES OTHER THAN CONSUMERS.

1. 1. THE PARTIES TO THE AGREEMENT EXCLUDE THE SELLER’S LIABILITY UNDER THE WARRANTY FOR PHYSICAL AND LEGAL DEFECTS OF THE PRODUCT TO PERSONS AND ENTITIES THAT ARE NOT CONSUMERS.

1. 1. INFORMATION CONTAINED ON THE SELLER’S WEBSITES DOES NOT CONSTITUTE AN OFFER WITHIN THE MEANING OF ART. 66 CIVIL CODE; THEY CONSTITUTE AN INVITATION TO CONCLUDE A CONTRACT WITHIN THE MEANING OF ART. 71 OF THE CIVIL CODE.

1. 1. THE SELLER PRESENTS DIGITAL PHOTOS OF THE PRODUCTS OFFERED. FURTHERMORE, EVERY EFFORT IS MADE TO ENSURE THAT THE PRESENTED PHOTOS ARE OF THE HIGHEST QUALITY AND REFLECT THE ACTUAL CONDITION AND COLOR OF THE PRODUCTS TO THE HIGHEST EXTENT. HOWEVER, IT RESERVES THE RIGHT TO MAKE DIFFERENCES BETWEEN THE PRODUCTS DUE TO THE NATURAL SEMI-PRODUCTS USED TO MANUFACTURE THE JEWELRY.

1. 1. PRICES IN THE SELLER’S ONLINE STORE ARE GIVEN IN POLISH ZLOTY (PLN) OR EURO (EUR) AND ARE GROSS VALUE (INCLUDING ALL THEIR COMPONENTS INCLUDING DUE VAT).

1. 1. THE SELLER RESERVES THE RIGHT TO CHANGE THE PRICES OF PRODUCTS IN THE PRODUCT CATALOG, INTRODUCE NEW PRODUCTS TO THE ONLINE STORE, REMOVE UNAVAILABLE PRODUCTS, CONDUCT AND CANCEL PROMOTIONAL ACTIONS ON THE SELLER’S PAGES, AND MAKE MODIFICATIONS TO THEM.

1. 1. THE ORDER PROCESSING TIME FROM THE MOMENT OF RECEIVING THE PAYMENT CAN LAST A MAXIMUM OF 5 WORKING DAYS.

§2. ORDERS

1. 1. ORDERS ARE ACCEPTED THROUGH THE STORE SYSTEM PLACED ON THE WEBSITE WWW.MOGESSTUDIO.COM

1. 1. A DISTANCE SALES CONTRACT BETWEEN THE SELLER AND THE BUYER IS CONCLUDED UPON SUCCESSFUL COMPLETION OF THE PURCHASE PROCEDURE DEFINED IN THE ORDER FORM OF THE STORE SYSTEM ON THE WEBSITE WWW.MOGESSTUDIO.COM.

1. 1. THE SELLER IS OBLIGED TO DELIVER THE GOODS TO THE BUYER FREE OF DEFECTS. THE CONSUMER’S OBLIGATIONS UNDER THE SALES CONTRACT END UPON RECEIPT OF THE GOODS AND PAYMENT OF THE TOTAL PRICE, IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, SUBJECT TO THE OBLIGATIONS INCUMBENT ON THE CONSUMER IN CASE OF COMPLAINTS OR WITHDRAWAL FROM THE CONTRACT.

1. 1. IN THE EVENT OF UNAVAILABILITY OF THE ORDERED PRODUCT, THE BUYER WILL BE INFORMED OF THIS FACT BY THE SELLER WITHIN 7 WORKING DAYS AND WILL DECIDE ON HOW TO PROCEED WITH THE REMAINING PART OF THE ORDER (PARTIAL FULFILLMENT, EXTENSION OF THE WAITING TIME FOR THE MISSING PRODUCT, SUBSTITUTE OF THE MISSING PRODUCT WITH ANOTHER, OR CANCELLATION OF THE ENTIRE ORDER AND REFUND FOR THE ORDERED PRODUCTS).

1. 1. PROOF OF PURCHASE OF THE GOODS IS AN EMAIL CONFIRMING THE PURCHASE OF THE PRODUCT FROM THE STORE WWW.MOGESSTUDIO.COM.

1. 1. PAYMENT FOR THE GOODS AND THE COST OF DELIVERING THE ORDER (OUTSIDE THE BORDERS OF POLAND) IS MADE THROUGH A PAYMENT SYSTEM.

1. 1. DELIVERY OF THE GOODS IS CARRIED OUT IN THE MANNER SPECIFIED IN THE ORDER. SHIPMENTS ARE DELIVERED THROUGH INPOST COURIER, VIA INPOST PARCEL MACHINNES, OR VIA DHL. THE SHIPMENT WILL BE SENT WITHIN 5 WORKING DAYS FROM THE DATE OF RECEIPT OF THE PAYMENT IN THE SELLER’S BANK ACCOUNT.

§3. COMPLAINTS FOR PURCHASED PRODUCTS

1. 1. THE SELLER IS RESPONSIBLE TO THE CONSUMER IF THE SOLD ITEM HAS A PHYSICAL OR LEGAL DEFECT (WARRANTY).

1. 1. COMPLAINTS WILL NOT BE CONSIDERED BY THE SELLER IF THE PRODUCT HAS COME INTO CONTACT WITH PERFUMES, BODY LOTIONS, OR OTHER LIQUIDS THAT MAY CHEMICALLY REACT WITH PRODUCTS FROM THE STORE WWW.MOGESSTUDIO.COM, IF THE BUYER HAS NOT FOLLOWED THE RECOMMENDATIONS FOR CARING FOR JEWELRY: DID NOT REMOVE IT WHEN SLEEPING, HANDLED IT GENTLY, AND DID NOT STORE IT IN ITS ORIGINAL PACKAGING. WEAR OF GOLD PLATING AND FRAYING OF STRINGS ARE ALSO NOT SUBJECT TO COMPLAINTS, AS THIS RESULTS FROM NORMAL USE AND IS NOT A MANUFACTURING DEFECT.

1. 1. THE SELLER IS EXEMPT FROM LIABILITY UNDER THE WARRANTY IF:

1. 1. THE CONSUMER KNEW ABOUT THE DEFECT AT THE TIME OF CONCLUDING THE CONTRACT;

1. 1. THE SELLER IS NOT RESPONSIBLE TO THE CONSUMER FOR THE FACT THAT THE SOLD ITEM DOES NOT HAVE PROPERTIES RESULTING FROM PUBLIC ASSURANCES IF THE SELLER DID NOT KNOW ABOUT THESE ASSURANCES OR, REASONABLY ASSESSED, COULD NOT HAVE KNOWN ABOUT THEM, OR IF THEY DID NOT INFLUENCE THE CONSUMER’S DECISION TO CONCLUDE THE SALES CONTRACT, OR IF THEIR CONTENT WAS CORRECTED BEFORE CONCLUDING THE SALES CONTRACT.

1. 1. IF THE SOLD ITEM HAS A DEFECT, THE CONSUMER MAY SUBMIT A STATEMENT REDUCING THE PRICE OR WITHDRAWING FROM THE CONTRACT, UNLESS THE SELLER IMMEDIATELY AND WITHOUT SIGNIFICANT INCONVENIENCE TO THE CONSUMER REPLACES THE DEFECTIVE ITEM WITH A NON-DEFECTIVE ONE OR REMOVES THE DEFECT. THIS LIMITATION DOES NOT APPLY IF THE ITEM HAS ALREADY BEEN REPLACED OR REPAIRED BY THE SELLER OR IF THE SELLER HAS NOT COMPLIED WITH THE OBLIGATION TO REPLACE THE ITEM WITH A NON-DEFECTIVE ONE OR REMOVE THE DEFECT.

1. 1. THE CONSUMER MAY, INSTEAD OF THE DEFECT REMOVAL PROPOSED BY THE SELLER, REQUEST THE REPLACEMENT OF THE ITEM WITH A NON-DEFECTIVE ONE, UNLESS BRINGING THE ITEM INTO CONFORMITY WITH THE CONTRACT IN THE MANNER CHOSEN BY THE CONSUMER IS IMPOSSIBLE OR WOULD REQUIRE EXCESSIVE COSTS COMPARED TO THE MANNER PROPOSED BY THE SELLER. IN ASSESSING THE EXCESSIVE NATURE OF THE COSTS, THE VALUE OF THE NON-DEFECTIVE ITEM, THE TYPE AND SIGNIFICANCE OF THE IDENTIFIED DEFECT, AND THE INCONVENIENCES THAT ANOTHER METHOD OF SATISFACTION WOULD CAUSE TO THE CONSUMER SHOULD BE TAKEN INTO ACCOUNT.

1. 1. THE REDUCED PRICE SHOULD REMAIN IN SUCH PROPORTION TO THE PRICE RESULTING FROM THE CONTRACT AS THE VALUE OF THE DEFECTIVE ITEM TO THE VALUE OF THE NON-DEFECTIVE ITEM.

1. 1. THE CONSUMER CANNOT WITHDRAW FROM THE CONTRACT IF THE DEFECT IS INSIGNIFICANT. IF ONLY SOME OF THE SOLD ITEMS ARE DEFECTIVE, THE CONSUMER’S RIGHT TO WITHDRAW FROM THE CONTRACT IS LIMITED TO THE DEFECTIVE ITEMS.

1. 1. THE CONSUMER SHALL SUBMIT A COMPLAINT VIA EMAIL TO MOGES.STUDIO@GMAIL.COM.

1. 1. THE COMPLAINT STATEMENT SHOULD INCLUDE: THE NAME AND/OR DESCRIPTION OF THE PRODUCT, ORDER NUMBER, DETAILS OF THE COMPLAINANT (NAME, CONTACT PHONE, EMAIL, AND ADDRESS), A SCAN OR PHOTO OF THE RECEIPT, ALONG WITH A DETAILED DESCRIPTION OF THE PHYSICAL DEFECTS OF THE REPORTED PRODUCT.

1. 1. IF REPAIR OR REPLACEMENT WITH A NEW ITEM IS NOT POSSIBLE, THE SELLER WILL INFORM THE CONSUMER ABOUT THE POSSIBILITY OF REPLACING IT WITH ANOTHER ITEM OF IDENTICAL PARAMETERS.

1. 1. UPON RECEIPT OF THE SHIPMENT, THE CONSUMER SHOULD CHECK IT IN THE PRESENCE OF THE COURIER (COURIER OR POSTAL REPRESENTATIVE) AND IN THE EVENT OF MECHANICAL DAMAGE OCCURRING DURING TRANSPORT, A REPORT SHOULD BE DRAWN UP AND SIGNED BY THE CONSUMER AND THE COURIER.

1. 1. COMPLAINTS ARE CONSIDERED WITHIN 14 WORKING DAYS FROM THE MOMENT OF DELIVERY OF THE PRODUCT TO THE PROVIDED ADDRESS.

§5. RETURN AND EXCHANGE OF PURCHASED PRODUCTS

1. 1. IN ACCORDANCE WITH ARTICLE 27 OF THE CONSUMER RIGHTS ACT OF MAY 30, 2014, THE CONSUMER HAS THE RIGHT TO WITHDRAW FROM THE CONTRACT WITHIN 14 DAYS OF RECEIVING THE PRODUCT WITHOUT GIVING A REASON. TO MEET THE WITHDRAWAL DEADLINE, IT IS SUFFICIENT FOR THE CONSUMER TO SEND INFORMATION REGARDING THE EXERCISE OF THE RIGHT OF WITHDRAWAL BEFORE THE DEADLINE EXPIRES.

THE INTENTION TO RETURN MUST BE REPORTED VIA EMAIL TO: MOGES.STUDIO@GMAIL.COM BEFORE SENDING THE PACKAGE..

JEWELRY MUST NOT BE USED, AND IT SHOULD BE PACKAGED IN ITS ORIGINAL PACKAGING WITH TAGS.

2. 2. WHEN RETURNING THE PRODUCT, THE BUYER SHOULD PROPERLY SECURE IT IN THE PACKAGE.

2. 2. THE COMPLETED WITHDRAWAL STATEMENT, PROOF OF PURCHASE, AND THE PRODUCT SHOULD BE SENT TO THE ADDRESS: 

MONIKA GÓROWSKA 

UL. WOJSKA POLSKIEGO 1/48

34-400 NOWY TARG

RETURN FORM:  [ CLICK HERE ]

1. 1. IN THE CASE OF WITHDRAWAL FROM THE CONTRACT, AS INDICATED IN POINT 1, BOTH THE SELLER AND THE CONSUMER ARE OBLIGATED TO RETURN EVERYTHING RECEIVED FROM THE OTHER PARTY UNDER THE AGREEMENT, OR TO RETURN ONLY WHAT IS SPECIFIED IN THE RETURN FORM.

1. 1. THE CONSUMER BEARS THE DIRECT COSTS OF RETURNING THE PRODUCT. THE SELLER IS NOT RESPONSIBLE FOR LOST PACKAGES.

1. 1. IN THE EVENT OF WITHDRAWAL FROM THIS AGREEMENT, THE SELLER SHALL REFUND THE CONSUMER’S PAYMENTS WITHOUT UNDUE DELAY AND IN ANY CASE NO LATER THAN 14 DAYS FROM THE DAY ON WHICH THE SELLER WAS INFORMED OF THE CONSUMER’S DECISION TO EXERCISE THE RIGHT OF WITHDRAWAL FROM THIS AGREEMENT WITHIN 14 DAYS OF RECEIVING THE PACKAGE. THE REFUND WILL BE MADE BY TRANSFER TO THE ACCOUNT NUMBER PROVIDED IN THE WITHDRAWAL FORM. THE CONSUMER WILL INCUR NO COSTS IN CONNECTION WITH THIS REFUND.

1. 1. WITH THE SELLER’S CONSENT, THE CONSUMER MAY EXCHANGE THE PRODUCT FOR ANOTHER ONE WITHIN 14 DAYS OF RECEIVING IT. IN THIS CASE, THE BUYER SHOULD CONTACT THE SELLER VIA EMAIL AT MOGES.STUDIO@GMAIL.COM.

§6. PROTECTION OF PERSONAL DATA

1. 1. PROVIDING PERSONAL DATA BY THE BUYER IS VOLUNTARY; HOWEVER, FAILURE TO PROVIDE SUCH DATA PREVENTS THE EXECUTION OF THE PLACED ORDER. BY MAKING A PURCHASE, THE BUYER CONSENTS TO THE COLLECTION, PROCESSING, AND USE OF PERSONAL DATA BY THE SELLER FOR THE PURPOSE AND TO THE EXTENT NECESSARY FOR THE SELLER TO FULFILL THE ORDER (I.E., FOR DELIVERING THE SHIPMENT TO THE BUYER AND PROCESSING PAYMENTS).

1. 1. DATA WILL BE PROCESSED IN ACCORDANCE WITH ALL SECURITY REQUIREMENTS DEFINED IN THE ACT OF AUGUST 29, 1997 ON THE PROTECTION OF PERSONAL DATA (JOURNAL OF LAWS OF 2002, NO. 101, ITEM 926, AS AMENDED) AND THE REGULATIONS ISSUED BASED ON IT.

1. 1. THE BUYER HAS THE RIGHT TO FREELY ACCESS (VIEW) THEIR PERSONAL DATA, THE RIGHT TO CORRECT IT, AS WELL AS THE RIGHT TO REQUEST THE CESSATION OF ITS PROCESSING AND ITS REMOVAL FROM THE DATABASE, WHICH SHOULD BE REPORTED IN WRITING TO THE SELLER AT THE EMAIL ADDRESS: MOGES.STUDIO@GMAIL.COM.

1. 1. THE SELLER WILL REFUND ONLY FOR RETURNED PRODUCTS; THE SHIPPING COSTS REMAIN THE RESPONSIBILITY OF THE BUYER. THE SELLER DOES NOT REFUND THE COSTS INCURRED BY THE BUYER FOR SHIPPING WHEN PLACING THE ORDER.

§7. FINAL PROVISIONS

1. 1. ALL PROVISIONS OF THIS REGULATION ARE COMPLIANT WITH THE APPLICABLE LAWS OF THE REPUBLIC OF POLAND. IN MATTERS NOT REGULATED HEREIN, THE PROVISIONS OF THE CIVIL CODE AND OTHER RELEVANT LAWS SHALL APPLY.
      
      
   2. THE SELLER RESERVES THE RIGHT TO AMEND THE REGULATIONS. CHANGES COME INTO FORCE UPON THEIR PUBLICATION ON THE SELLER’S WEBSITE. ORDERS PLACED BEFORE THE CHANGES TAKE EFFECT ARE SUBJECT TO THE REGULATIONS IN FORCE AT THE TIME OF PLACING THE ORDER.
      
      
   3. ANY DISPUTES ARISING FROM THE EXECUTION OF THIS REGULATION SHALL BE SETTLED AMICABLY. IF AN AMICABLE RESOLUTION IS NOT POSSIBLE, THE DISPUTE WILL BE RESOLVED BY THE COMPETENT COURT IN ACCORDANCE WITH APPLICABLE LAW.
      
      
   4. THE REGULATIONS ARE AVAILABLE TO THE BUYERS ON THE WEBSITE WWW.MOGESSTUDIO.COM AND CAN BE PRINTED OR SAVED BY THE BUYERS AT ANY TIME.

2.  

2.