Statute

1. These Regulations define the general terms, conditions and methods of sale conducted by Jan Cupicha, conducting business activity under the name of Firma Jubilerska Jan Cupicha, with its registered office in Nowy Sącz, via the online store www.cupicha.pl (hereinafter referred to as the "Online Store") and define the terms and conditions of provision of free services by electronic means by Jan Cupicha, conducting business activity under the name of Firma Jubilerska Jan Cupicha, with its registered office in Nowy Sącz.

§ 1 Definitions

1. Working days – means days of the week from Monday to Friday, excluding public holidays.
2. Delivery – means the actual act of delivering the Goods specified in the order to the Customer by the Seller, through the Supplier.
3. Supplier – means Poczta Polska SA, through which the Seller delivers the Goods.
4. Password – means a sequence of letters, numbers or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
5. Customer – means an entity for which services may be provided electronically in accordance with the Regulations and legal provisions or with whom a Sales Agreement may be concluded.
6. Consumer – means a natural person concluding a legal act with an entrepreneur that is not directly related to his or her business or professional activity.
7. Customer Account – means an individual panel for each Customer, launched on their behalf by the Seller, after the Customer has completed Registration and concluded an agreement for the provision of the Customer Account Management service.
8. Materials – multimedia content and objects (e.g. information, data, graphic files, photos), including works within the meaning of the Copyright and Related Rights Act and images of natural persons, which are provided by the Customer for the purpose of placing them on the ordered Goods.
9. Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
10. Regulations – means these regulations.
11. Registration – means the actual action performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
12. Stationary Store – means a place intended for serving Customers, at the following address: ul. Wałowa 6, 33-300 Nowy Sącz or CH Europa II ul. Nawojowska 1, Nowy Sącz.
13. Seller – means Jan Cupicha conducting business activity under the name of Firma Jubilerska Jan Cupicha with its registered office in Nowy Sącz (33-300), ul. Wałowa 6, NIP: 7340004070, REGON: 490314150, entered into the Central Register and Information on Business Activity run by the Minister of Entrepreneurship and Technology; e-mail: sklep@cupicha.pl, who is also the owner of the Online Store.
14. Shop Website – means the websites under which the Seller runs the Online Shop, operating in the domain www.cupicha.pl.
15. Goods – means a product presented by the Seller via the Store Website, which may be the subject of a Sales Agreement.
16. Durable medium – means a material or tool enabling the Customer or Seller to store information addressed personally to him/her, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used and which allows the reproduction of the stored information in an unchanged form.
17. Sales Agreement – means a sales agreement concluded at a distance, on the terms specified in the Regulations, between the Customer and the Seller.

§ 2 General provisions and use of the Online Store

1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to templates, forms, logos posted on the Online Store Website (except for logos and photos presented on the Online Store Website for the purpose of presenting goods, to which copyrights belong to third parties) belong to the Seller, and they may be used only in the manner specified and in accordance with the Regulations and with the Seller's consent expressed in writing.
2. The Seller will make every effort to ensure that the use of the Online Store is possible for Internet users using all popular Internet browsers, operating systems, device types and types of Internet connections. The minimum technical requirements for using the Online Store Website are an Internet browser of at least Internet Explorer 11 or Chrome 66 or FireFox 60 or Opera 53 or Safari 5 or newer, with Javascript support enabled, accepting "cookies" and an Internet connection with a bandwidth of at least 256 kbit/s. The Online Store Website is optimized for a minimum screen resolution of 1024×768 pixels.
3. The Seller uses the mechanism of "cookies" files, which, when Customers use the Store Website, are saved by the Seller's server on the hard drive of the Customer's end device. The use of "cookies" files is aimed at the correct operation of the Store Website on the Customers' end devices. This mechanism does not destroy the Customer's end device and does not cause configuration changes in the Customers' end devices or in the software installed on these devices. Each Customer can disable the "cookies" mechanism in the web browser of their end device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Store Website.
4. In order to place an order in the Online Store via the Store Website and to use the services provided electronically via the Store Website, the Customer must have an active e-mail account.
5. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized persons obtaining and modifying Customer data, therefore Customers should use appropriate technical measures that minimize the above-mentioned risks. In particular, they should use antivirus programs and programs that protect the identity of those using the Internet. The Seller never asks the Customer to provide them with a Password in any form.
6. It is not permitted to use the resources and functions of the Online Store for the purpose of conducting activities by the Customer that would violate the interests of the Seller.

§ 3 Registration

1. In order to create a Customer Account, the Customer is obliged to complete free Registration.
2. Registration is not necessary to place an order in the Online Store.
3. In order to Register, the Customer should complete the registration form provided by the Seller on the Store Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.
4. When filling out the registration form, the Customer has the opportunity to read the Regulations and accept their content by marking the appropriate field in the form.
5. After sending the completed registration form, the Customer will immediately receive, by e-mail to the e-mail address provided in the registration form, a confirmation of Registration by the Seller. At that moment, an agreement is concluded for the provision of the Customer Account Management service by electronic means, and the Customer will be able to access the Customer Account and make changes to the data provided during Registration.

§ 4 Orders

1. The information contained on the Store Website does not constitute an offer from the Seller within the meaning of the Civil Code, but merely an invitation for Customers to submit offers to conclude a Sales Agreement.
2. The Customer may place orders in the Online Store via the Store Website 7 days a week, 24 hours a day.
3. A Customer placing an order via the Store Website completes the order by selecting the Goods they are interested in. The Goods are added to the order by selecting the "ADD TO CART" command under the given Goods presented on the Store Website. After completing the entire order and indicating the method of Delivery and payment in the "CART", the Customer places the order by sending the order form to the Seller, selecting the "BUY AND PAY" button on the Store Website. Each time before sending the order to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as of all additional costs that they are obliged to incur in connection with the Sales Agreement.
4. The Customer may place an individual order, in which the Goods will be made according to their specifications or will serve to satisfy their individual needs. For this purpose, the Customer, when completing the initial order, may select the model of the Goods they are interested in from those presented by the Seller on the Store Website, specifying its properties or giving features closely related to their person, in particular: the content of the engraving. After completing the initial order, the Customer submits a request for a quote to the Seller by sending an e-mail to the e-mail address provided by the Seller. By sending an e-mail to the Seller, the Customer submits a request for a quote, including the initial order. The Customer may also send their own Materials in order to place a preliminary order.
5. After receiving the initial order, the Seller sends a message to the Customer via e-mail, providing possible forms of payment and Delivery. The Customer may accept the Seller's offer or reject it. The Customer places an order by sending an e-mail to the Seller indicating the selected method of Delivery and payment. Each time, before sending the order to the Seller, the total price of the selected Goods and the total cost of the selected method of Delivery are provided.
6. Placing an order constitutes the submission by the Customer to the Seller of an offer to conclude a Sales Agreement for the Goods that are the subject of the order.
7. After placing the order, the Seller sends a confirmation of its placement to the e-mail address provided by the Customer.
8. Then, after confirming the order, the Seller sends information about the acceptance of the order for execution to the e-mail address provided by the Customer. Information about the acceptance of the order for execution is a statement by the Seller about the acceptance of the offer referred to in §4 section 6 above and upon its receipt by the Customer, the Sales Agreement is concluded.
9. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or placing an order.

§ 5 Payments

1. Prices on the Store Website placed next to a given Product are gross prices and do not include information on Delivery costs and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when selecting the Delivery method and placing the order.
2. The Customer may choose the following forms of payment for the ordered Goods:
a) bank transfer to the Seller's bank account (in this case, the execution of the order will begin after the Seller sends the Customer a confirmation of acceptance of the order and after the funds have been credited to the Seller's bank account);
b) payment card or bank transfer via the external payment system przelewy24.pl, operated by PayPro SA with its registered office in Poznań (in this case, the execution of the order will begin after the Seller sends the Customer a confirmation of acceptance of the order and after the funds have been credited to the Seller's bank account);
c) cash on delivery, payment to the Supplier upon Delivery (in this case, the execution of the order will begin after the Seller sends the Customer confirmation of acceptance of the order);
d) in cash or by card upon personal collection - payment at the Seller's office (in this case, the order will be fulfilled immediately after the Seller sends the Customer a confirmation of acceptance of the order, and the Goods will be issued at the Seller's office).
3. The Customer should make payment for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days, if he chose the form of prepayment.
4. In the event of the Customer's failure to make the payment within the time limit referred to in §5 section 3 of the Regulations, the Seller shall set an additional time limit for the Customer to make the payment and shall inform the Customer about it on a Durable Medium. Information about the additional time limit for making the payment shall also include information that after the ineffective expiry of this time limit, the Seller shall withdraw from the Sales Agreement. In the event of the ineffective expiry of the second time limit for making the payment, the Seller shall send the Customer on a Durable Medium a declaration of withdrawal from the agreement pursuant to Article 491 of the Civil Code.

§ 6 Delivery

1. The Seller delivers the Goods within the territory of the Republic of Poland.
2. The Seller is obliged to deliver the Goods that are the subject of the Sales Agreement free from defects.
3. The Seller posts information on the number of Business Days needed for Delivery and order fulfillment on the Store Website.
4. The Delivery and order fulfillment deadline indicated on the Store Website is counted in Business Days in accordance with §5 section 2 of the Regulations.
5. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
6. On the day the Goods are sent to the Customer (if the option of personal collection of the Goods has not been selected), information confirming the shipment by the Seller is sent to the Customer's e-mail address.
7. The Customer is obliged to examine the delivered shipment in the time and manner accepted for shipments of that type. In the event of a loss or damage to the shipment, the Customer has the right to demand that an employee of the Supplier draw up an appropriate protocol.
8. The Customer has the option of personal collection of the ordered Goods. Collection can be made at the Seller's office on Business Days, during the opening hours indicated on the Store Website, after prior arrangement with the Seller of the collection date via e-mail or telephone.
9. The Seller, in accordance with the Customer's wishes, attaches a receipt or VAT invoice covering the delivered Goods to the shipment that is the subject of Delivery.
10. In the event of the Customer's absence at the address indicated by him, given when placing the order as the Delivery address, the Supplier's employee will leave a notice or attempt to contact him by phone to establish a date when the Customer will be present. In the event of the return of the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or phone, establishing with the Customer again the date and cost of Delivery.

§ 7 Warranty

1. The Seller ensures Delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
2. If the Product is defective, the Customer may:
a) submit a declaration of a price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Goods with defect-free ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with defect-free ones or to remove the defects. The Customer may, instead of the removal of the defect proposed by the Seller, request the replacement of the Goods with defect-free ones or, instead of the replacement of the Goods, request the removal of the defect, unless bringing the item into conformity with the agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the Goods free from defects, the type and significance of the identified defect are taken into account, as well as the inconvenience to which the Customer would be exposed by another method of satisfaction.
b) demand the replacement of the defective Goods with defect-free ones or the removal of the defect. The Seller is obliged to replace the defective Goods with defect-free ones or to remove the defect within a reasonable time without excessive inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if it is impossible to bring the defective Goods into compliance with the Sales Agreement in a manner chosen by the Customer or, in comparison with another possible way of bringing about compliance with the Sales Agreement, it is impossible to
compliance with the Sales Agreement would require excessive costs. The costs of repair or replacement shall be borne by the Seller.
3. The customer who exercises warranty rights is obliged
deliver the defective item to the Seller's address. In the case of a Customer who is a Consumer, the cost of delivery is covered by the Seller.
4. The Seller is liable under the warranty if a physical defect is found before the expiry of two years from the date of issue of the Goods to the Customer. The claim for removal of the defect or replacement of the Goods with defect-free ones expires after one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration of a price reduction due to the defect of the Goods. If the Customer requested the replacement of the Goods with defect-free ones or removal of the defect, the period for withdrawal from the Sales Agreement or submission of a declaration of a price reduction begins at the moment of ineffective expiry of the period for replacement of the Goods or removal of the defect.
5. Any complaints related to the Goods or the performance of the Sales Agreement may be submitted by the Customer in writing to the Seller’s address.
6. Within 14 days from the date of the request containing the complaint, the Seller will respond to the complaint regarding the Goods or the complaint related to the performance of the Sales Agreement submitted by the Customer.
7. The Customer may file a complaint with the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be filed in electronic form and sent to the address sklep@cupicha.pl. In the complaint, the Customer should include a description of the problem. The Seller shall immediately, but no later than within 14 days, consider the complaint and provide the Customer with an answer.
8. The Seller does not use out-of-court dispute resolution, as referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.

§ 8 Warranty

1. Goods sold by the Seller may be covered by a warranty provided by the manufacturer of the Goods or the distributor.
2. In the case of Goods covered by warranty, information regarding the existence and content of the warranty is each time presented on the Store's Website.

§ 9 Withdrawal from the Sales Agreement

1. A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.
2. The time limit for withdrawal from the Sales Agreement begins from the moment the Consumer takes possession of the Goods. The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This declaration may be submitted, for example, in writing to the Seller's address, via e-mail to the Seller's address. The declaration may be submitted on a form, the template of which has been posted by the Seller on the Store's Website at the address: Withdrawal Form. To meet the deadline, it is sufficient to send the declaration before it expires. The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller using the form provided on the website at the address: Electronic Withdrawal Form. To meet the deadline, it is sufficient to send the declaration before it expires. The Seller shall immediately confirm to the Consumer the receipt of the form submitted via the website.
3. In the event of withdrawal from the Sales Agreement, it is considered as not concluded.
4. If the Consumer has submitted a declaration of withdrawal from the Sales Agreement before the Seller has accepted his offer, the offer ceases to be binding.
5. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Sales Agreement, return all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the return of payments received from the Consumer until the Goods are received back or the Consumer provides proof of sending back the Goods, depending on which event occurs first.
6. If the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest standard method of Delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
7. The Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is sufficient to return the Goods to the Seller's address before the expiry of this deadline.
8. In the event of withdrawal, the Customer who is a Consumer shall bear only the direct costs of returning the Goods.
9. If, due to their nature, the Goods cannot be returned by post in the normal manner, the Seller shall inform the Consumer about the costs of returning the goods on the Shop Website.
10. The Consumer is liable for any reduction in the value of the Goods resulting from their use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
11. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to another method of refund that does not involve any costs for him.
12. The right to withdraw from the Sales Agreement does not apply to the Customer who is a Consumer in relation to agreements in which the Goods are non-prefabricated items manufactured according to the Consumer's specifications or intended to meet their individual needs.

§ 10 Free services

1. The Seller provides free services to Customers electronically:
a) Contact form;
b) Maintaining the Customer Account;
c) Posting opinions.
2. The services indicated in §10 section 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to select and change the type, form, time and method of granting access to selected services, about which it will inform Customers in a manner appropriate for changing the Regulations.
4. The Contact Form service involves sending a message to the Seller using the form available on the Store’s Website.
5. Resignation from the free Contact Form service is possible at any time and consists in ceasing to send enquiries to the Seller.
6. The Customer Account Management Service is available after Registration on the terms described in the Regulations and consists of providing the Customer with a dedicated panel within the Store Website, enabling the Customer to modify the data provided during Registration, as well as track the status of orders and the history of orders already completed.
7. A Customer who has registered may submit a request to delete the Seller's Customer Account, and in the event of a request to delete the Customer Account by the Seller, it may be deleted within 14 days of submitting the request.
8. The Posting Opinions service consists in enabling the Seller to enable Customers who have a Customer Account to publish on the Store Website the Customer's individual and subjective statements, in particular concerning the Goods.
9. Resignation from the Posting opinions service is possible at any time and consists in ceasing to post content by the Customer on the Store's Website.
10. The Seller is entitled to block access to the Customer Account and free services if the Customer acts to the detriment of the Seller or other Customers, the Customer violates legal regulations or provisions of the Regulations, and also when blocking access to the Customer Account and free services is justified by security reasons - in particular: the Customer breaking the security of the Store Website or other hacking activities. Blocking access to the Customer Account and free services for the above reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller notifies the Customer about blocking access to the Customer Account and free services electronically to the address provided by the Customer in the registration form.

§ 11 Customer's responsibility regarding the content he posts

1. By posting content and making it available, the Customer is voluntarily disseminating content. The posted content does not express the views of the Seller and should not be identified with its activities. The Seller is not a content provider, but only an entity that provides appropriate IT resources for this purpose.
2. The Customer declares that:
a) is entitled to use the copyrights, industrial property rights and/or related rights to – respectively – the works, the subjects of industrial property rights (e.g. trademarks) and/or related rights that make up the content;
b) the placement and disclosure within the services referred to in §10 of the Regulations of personal data, image and information relating to third parties took place legally, voluntarily and with the consent of the persons concerned;
c) consents to access the published content by other Customers and the Seller, and authorizes the Seller to use it free of charge in accordance with the provisions of these Regulations;
d) consents to the adaptation of works within the meaning of the Copyright and Related Rights Act.
3. The customer is not entitled to:
a) posting, when using the services referred to in §10 of the Regulations, personal data of third parties and disseminating the image of third parties without the consent of a third party required by law;
b) posting advertising and/or promotional content when using the services referred to in §10 of the Regulations.
4. The Seller is responsible for the content posted by Customers provided that he receives notification in accordance with §12 of the Regulations.
5. Customers are prohibited from posting, when using the services referred to in §10 of the Regulations, any content that could, in particular:
a) be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;
b) violate any rights of third parties, including rights relating to the protection of copyright and related rights, the protection of industrial property rights, trade secrets or confidentiality obligations;
c) be of an offensive nature or constitute a threat directed at other people, contain vocabulary that violates good manners (e.g. through the use of vulgarisms or terms generally considered offensive);
d) be contrary to the interests of the Seller;
e) otherwise violate the provisions of the Regulations, good customs, applicable legal provisions, social or moral norms.
6. In the event of receiving a notification in accordance with §12 of the Regulations, the Seller reserves the right to modify or remove content posted by Customers as part of their use of the services referred to in §10 of the Regulations, in particular with regard to content that, based on reports from third parties or relevant authorities, has been found to constitute a violation of these Regulations or applicable law. The Seller does not conduct ongoing control of posted content.
7. The Customer consents to the free use by the Seller of the content posted by him on the Store Website.

§ 12 Reporting a threat or violation of rights

1. If the Customer or another person or entity believes that the content published on the Store Website violates their rights, personal rights, good customs, feelings, morality, beliefs, principles of fair competition, know-how, secrets protected by law or under an obligation, they may notify the Seller of the potential violation.
2. The Seller, upon being notified of a potential infringement, shall take immediate action to remove the content causing the infringement from the Store Website.

§ 13 Personal data protection

1. The principles of Personal Data protection are included in the Privacy Policy.

§ 14 Termination of the contract (does not apply to Sales Agreements)

1. Both the Customer and the Seller may terminate the agreement for the provision of services by electronic means at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the above-mentioned agreement and the provisions below.
2. The Customer who has registered terminates the contract for the provision of services by electronic means by sending an appropriate declaration of intent to the Seller, using any means of distance communication that enables the Seller to become familiar with the Customer's declaration of intent.
3. The Seller terminates the contract for the provision of services electronically by sending an appropriate declaration of intent to the Customer to the e-mail address provided by the Customer during Registration.

§ 15 Final provisions

1. The Seller shall be liable for failure to perform or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional damage and within the limits of the losses actually incurred by the Customer who is an Entrepreneur.
2. The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Store's Website.
3. In the event of a dispute arising from the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
4. The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to handle out-of-court disputes. These may include, in particular, consumer advocates or the Voivodeship Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection. The Seller informs that at http://ec.europa.eu/consumers/odr/ there is a platform for an online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform).
5. The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are executed on the basis of the Regulations that were in force on the date of placing the order by the Customer. The change to the Regulations comes into force within 7 days from the date of publication on the Store Website. The Seller will inform the Customer 7 days before the entry into force of the new Regulations about the change to the Regulations by means of a message sent electronically containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, they are obliged to notify the Seller of this fact, which results in the termination of the contract in accordance with the provisions of §14 of the Regulations.
6. Agreements with the Seller are concluded in Polish.
7. The Regulations enter into force on 2 July 2018.