TERMS & CONDITIONS OF THE WBDIAM STORE
The owner of the WBDIAM online store is WBDIAM Wiktor Bendziński.
TAX Identification Number (NIP): 9721339561
National Business Registry Number (REGON): 525336251
Correspondence Address of the Store:
WBDIAM Wiktor Bendziński, ul. Karpia 11/105, 61-619 Poznań, Poland
Other Contact Information:
Email Address: info@wbdiam.co
Phone Number: +48 536 042 745 (Mon-Fri: 10:00 - 20:00)
Store Bank Account: 36 1140 2004 0000 3102 8367 9270 - mBank (SWIFT/BIC: BREXPLPWXXX)
I) Terms used in this regulation:
1. Regulation refers to the regulation of the online store www.wbdiam.co.
2. Company WBDIAM Wiktor Bendziński with its registered office in Poznań at Karpia 11/105 acts as the Seller. Here are the necessary contact details:
a) Tax Identification Number (NIP): 9721339561,
b) National Business Registry Number (REGON): 525336251,
c) Mailing Address: WBDIAM Wiktor Bendziński, ul. Karpia 11/105, 61-619 Poznań.
3. The online store is a service operated and managed by the Seller. Its purpose is to enable customers to place purchase offers for specific products on the pricing terms presented on the website.
4. Sales price is the cost of the product, which includes all fees and taxes but does not include delivery costs. The sales price stated on the wbdiam.co website is expressed in Polish złoty.
5. Individual price is a special pricing offer intended for a Regular Customer. The Seller may prepare an Individual Price List for a specific Regular Customer based on an analysis of their purchase history in the Online Store.
6. Natural person, also referred to as the Customer, who performs a legal act, such as entering into a sales agreement, unrelated directly to their economic or professional activity, is referred to as a Consumer (according to Article 221 of the Civil Code).
7. The Customer may be a natural person who has reached the age of 13. If this person has not reached the age of 18, the consent of their legal representative is required unless they have full legal capacity. The Customer may also be a legal person or an organizational unit without legal personality, which is granted legal capacity under the provisions of the law and uses the online store in accordance with the terms specified in this regulation. In the case of Customers with limited legal capacity, the consent of their legal representative or guardian should also cover the acceptance of the provisions of this regulation, including the processing of personal data. The consent should be sent to the following address: WBDIAM Wiktor Bendziński, ul. Karpia 11/105, 61-619 Poznań.
8. Commercial information refers to information about goods presented in the Online Store. This information includes the price and availability of the goods. Before adding the goods to the Cart and logging into the Account, commercial information does not constitute an offer within the meaning of the Civil Code but is merely an invitation to commence negotiations.
9. My Account is a dedicated subpage of the Online Store, available to the Customer after registering on the Store's website. Through My Account, the Customer can place orders and review offers prepared by WBDIAM Wiktor Bendziński.
10. Complaint refers to the procedure for handling defects in the sold goods.
11. Order is the expression of the Buyer's will, which directly leads to the conclusion of a distance sales agreement for Goods through the Online Store. The order should contain at least information regarding the type and quantity of the ordered Goods.
12. GDPR (General Data Protection Regulation) refers to regulations aimed at protecting personal data and the free movement of such data. This regulation governs issues related to the processing of personal data of natural persons.
II) General provisions:
1. In order to use the online store, the Customer must have a device with an internet browser and access to the internet. Additionally, it is necessary to have an active email account. The user's browser should support cookies to ensure proper functionality.
2. The Terms and Conditions are available to the Customer on the website of the online store, under the "Terms and Conditions" tab. The Customer has the option to print, download, reproduce, and save the Terms and Conditions.
3. The content of the online store does not constitute an offer within the meaning of the Civil Code. Information regarding goods, such as descriptions, technical parameters, functionality, and prices, serve as an invitation to enter into an agreement, in accordance with Article 71 of the Civil Code.
4. The Terms and Conditions establish the rules for entering into and executing sales agreements for goods offered on the website of the online store, in accordance with the provisions of the Act of July 18, 2002, on the provision of electronic services.
5. The main purpose of the online store is the sale of natural gemstones. The stones offered by WBDIAM Store are new. They are shipped with a detailed invoice and an electronic WBD certificate to the Customer's email address. Some stones may also be delivered with a physical version of a certificate from another laboratory (details specified in the description of the particular stone). If the Customer wishes to include a certificate of authenticity or an additional gemological report for a stone that does not have a physical document, they should inform the Seller and pay the appropriate fee for such a document. It is worth noting that the stones are sent to an independent laboratory for analysis, and this procedure takes approximately 10-14 business days. The fees for documents do not constitute a source of income for WBDIAM Wiktor Bendziński and are intended to cover the costs of the laboratory providing the service.
6. In cases not regulated by these terms and conditions, the provisions of the generally applicable law shall apply, including the Civil Code and the Consumer Rights Act of May 30, 2014.
7. This Terms and Conditions does not exclude or limit the Customer's statutory rights, in particular the right to demand that the purchased Goods conform to their descriptions, meet specified quality standards, and serve their intended purposes. In the event of any inconsistency between the provisions of these Terms and Conditions and the applicable provisions of the law that grant specific rights to Customers, the latter shall always take precedence.
III) Customer Registration:
1. In order to conclude a sales agreement, customer registration in the online store is required.
2. Registration involves completing a form and activating an account.
3. The Customer is obliged to keep their login details confidential.
4. The Customer confirms acceptance of the Terms and Conditions without reservations during the registration process.
5. The Seller may verify the Customer's data and delete the account in case of providing false information.
6. The Customer may resign from the account at any time by sending a declaration of resignation in written or electronic form. Deleting the account does not affect the obligation to perform sales agreements. The request for a courier to pick up the goods remains in effect until the receipt of the account resignation statement. Deleting the account does not release the Customer from the obligation to pay for orders placed before the account deletion.
IV) Personal Data:
1. In order to register and conclude a sales agreement, the Customer, who is a natural person, is recommended to provide the following personal data. Providing this data is voluntary but necessary:
a) First name and last name,
b) Email address,
c) Residential address,
d) Shipping address if different from the residential address,
e) Contact telephone number,
f) Tax identification number (NIP) for Customers conducting business activities.
2. In accordance with the applicable GDPR regulation, the Customer has the right to access and correct their personal data through the available functionalities of the online store's IT system. The Customer also has the right to request the deletion of their data. To exercise these rights, please contact WBDIAM Wiktor Bendziński via email at info@wbdiam.co or send the relevant statement to the following address: WBDIAM Wiktor Bendziński, ul. Karpia 11/105, 61-619 Poznań. We assure you that all requests regarding personal data will be processed in accordance with the applicable data protection regulations.
3. The Customer declares that they have been informed of the purpose and scope of collecting and processing their personal data by the Seller. The Customer is aware of their right to access and correct their data. Furthermore, the Customer has the right to request the cessation of data processing and to object to further processing by the Seller. The Customer confirms that they are aware of these rights and can exercise them at any time.
4. WBDIAM Wiktor Bendziński, in accordance with applicable regulations, processes personal data for the effective execution of the placed order. The entered personal data is stored in the administrator's database and used for the proper performance of the sales agreement and, if separate consent is given, for marketing purposes such as informing about new products, services, promotions, and sending newsletters. However, in the case of user personal data who registered in the Store using access data from Allegro or made purchases in the Store using access data from PayU, PayPal, Visa, the Seller receives this data from the Allegro Group or PayU, PayPal, Visa with the users' consent, solely to the extent necessary for the purposes mentioned above. The processing of collected data is carried out in accordance with the provisions of the Act of August 29, 1997, on the Protection of Personal Data, and the Act of July 18, 2002, on the Provision of Electronic Services. Providing personal data by the user is voluntary.
5. In order to customize services and content to individual needs and preferences of Users, as well as to compile general statistics on the use of the Store, the Seller uses "cookies" files. Disabling the option to save "cookies" files in the web browser generally does not prevent the use of the Store but may cause certain difficulties.
6. You have the right to receive your data in a commonly used and machine-readable format. You also have the right to transmit this data to another administrator without hindrance from the Administrator from whom the data is obtained (in accordance with Article 20(1) of the GDPR). If technically feasible, the Customer may request the Administrator to directly transfer their data to another administrator (in accordance with Article 20(2) of the GDPR).
V) Placing Orders, Sales Agreement, and Order Fulfillment:
1. To place an order in the WBDIAM Online Store, you need to fill out the order form available in the IT system.
2. The prices of products presented on the WBDIAM Online Store website are binding only upon successful order placement and apply only in the case of a sales agreement concluded in the online store.
3. Information regarding delivery conditions, including the delivery method, delivery costs, and the delivery timeframe of ordered products, can be found on the WBDIAM Online Store website under the "Delivery" tab, and the customer has the opportunity to familiarize themselves with them before placing an order.
4. If the customer has a promotional code, they can take advantage of a discounted sales price when placing an order. The promotional code can be used only once, and its use excludes the possibility of benefiting from other promotions, unless the terms of those promotions state otherwise.
5. The sales agreement is concluded when the Seller confirms the submitted purchase offer.
6. To fulfill an order, which means to send the ordered products to the customer, it is necessary to record the sales price along with the delivery costs in the WBDIAM Wiktor Bendziński bank account or to receive confirmation of payment by the entity handling electronic payments on behalf of the Seller. Products can also be sent cash on delivery.
7. The customer is obligated to accept the ordered products sent cash on delivery.
8. The goods are delivered to the address provided by the customer when placing the Order.
9. The delivery of ordered goods is carried out through InPost or UPS.
10. The order fulfillment period occurs as soon as possible from the moment the agreement is concluded but no later than 2 business days from the receipt of funds or payment confirmation upon delivery.
11. In the event of the customer noticing any damage to the shipment, it is recommended to immediately inform WBDIAM Wiktor Bendziński.
12. If the shipment is damaged or lost due to the carrier's fault, WBDIAM Wiktor Bendziński reimburses the costs incurred by the customer for the purchased goods along with the shipping costs to the bank account indicated by the customer and then proceeds with the carrier's complaint procedure. The customer is requested to provide accurate information if the carrier makes such a request in connection with the shipment complaint.
13. Exchange of goods is possible for another item of the same value. If the customer wants to exchange the goods for a more expensive one, they are obliged to pay the price difference to the indicated bank account. However, if the exchanged goods are cheaper, the Seller refunds the difference to the customer's designated bank account. The cost of resending the exchanged goods is borne by WBDIAM Wiktor Bendziński.
14. The customer has 7 calendar days to make the payment. After this time, the order will be automatically canceled. A customer who repeatedly places orders and does not pay for them will be blocked from our website or platforms on which we sell.
VI) Withdrawal from the Agreement:
Exclusion of the right to withdraw from the contract - all investment diamonds.
(Art. 38. - [Exceptions from the right to withdraw from the contract] - Consumer rights. - POLISH LAW) You cannot withdraw from the contract if you buy a product that is subject to fluctuations in the financial market that may occur before the withdrawal period expires and the sellers have no influence on this.
Other stones are subject to a default 14-day return period.
FAILURE TO COLLECT THE SHIPMENT: Failure to collect the shipment is not a form of withdrawal from the contract. In the event of failure to collect the shipment, the customer will be required to cover the cost of resending the goods.
Estimate:
POLAND:
Inpost Lockers: Failure to collect the parcel fee: PLN 12 (+ re-shipment, according to the carrier's price list)
Inpost Courier: Failure to collect the shipment fee: PLN 24 (+ re-shipment, according to the carrier's price list)
EUROPE:
UPS Courier: Failure to collect the shipment fee: PLN 145 (+ re-shipment, according to the carrier's price list)
REST OF THE WORLD:
UPS Courier: Failure to collect the shipment fee: PLN 295 (+ re-shipment, according to the carrier's price list)
VII) Complaint procedure:
1. All goods purchased from the WBDIAM Online Store are subject to a 2 (in words: two) year warranty, in accordance with the Consumer Rights Act and the Civil Code. WBDIAM Wiktor Bendziński, operating within the WBDIAM Online Store, makes every effort to ensure that the descriptions and photographs of the offered products are as accurate as possible. If the consumer discovers any non-conformity of the purchased product with the agreement, they have the right to file a complaint.
2. The complaint should be made in writing and include:
a) specification of the product being complained about,
b) description of the identified defects,
c) customer's request related to the submitted complaint.
3. The complaint should be sent to the Seller's address, WBDIAM Wiktor Bendziński, ul. Karpia 11/105, 61-619 Poznań. If the customer requests bringing the product into conformity with the agreement or withdrawal from the sales agreement in whole or in part, they should enclose the complained-about product with the complaint letter.
4. If the submitted complaint lacks any information, WBDIAM Wiktor Bendziński will contact the customer to complete the missing details, using the address information provided in the complaint notification.
5. The seller is obligated to provide a written response to the complaint within 14 days of receiving it, along with a justification of their position.
6. In the case of returning the complained-about goods, WBDIAM Wiktor Bendziński covers the costs of delivering the goods to its headquarters, at the address WBDIAM Wiktor Bendziński, ul. Karpia 11/105, 61-619 Poznań.
7. The seller may refuse to satisfy the buyer's request if the chosen method for bringing the defective goods into conformity with the agreement is impossible or would require excessive costs compared to an alternative method. If the customer is a business entity, the seller may refuse to exchange the goods for defect-free ones or repair the defect if the costs of such compensation exceed the price of the sold goods.
VIII) Final provisions:
1. WBDIAM Wiktor Bendziński, as the Seller, reserves the right to make changes to the Terms and Conditions for valid reasons, such as changes in legal regulations, issuance of orders by administrative authorities regarding specific Seller's proceedings, issuance of orders by a court regarding specific Seller's proceedings, technical changes in service provision, technological advancements, organizational changes on the Seller's side not resulting from legal transformation, and changes in the scope of the Seller's business activities.
2. In the event of changes to the Terms and Conditions, the Seller, WBDIAM Wiktor Bendziński, will notify the Customer of such changes via email if the Customer has registered in the WBDIAM online store. The amended Terms and Conditions become effective after fourteen days from the date of notifying the Customer unless the Customer declares their disagreement with the introduced changes within this period. In case of disagreement, the agreement is terminated, and the Customer's account is deleted. The change to the Terms and Conditions does not affect the fulfillment of orders placed before the expiration of this period, which are executed in accordance with the previous Terms and Conditions.
3. If the Customer is not a Consumer, the warranty for physical defects of the sold products is excluded.
4. The exclusive court competent to settle disputes arising from the concluded sales agreement is the court competent for the Seller's registered office. This provision does not apply to agreements concluded with a Customer who is a Consumer.
5. All descriptions and photographs of products available in the online store are protected by copyright, and their further use is prohibited without the prior written consent of the Seller.
6. In cases not regulated by the Terms and Conditions, the provisions of Polish law apply, in particular the Civil Code dated April 23, 1964.