Terms and Conditions

Before placing an order, the Buyer has the right to negotiate all terms of the contract with the Seller, including changes to the provisions of the following regulations. These negotiations should be conducted in writing and addressed to the Seller: Brazi Druse Jewelry, Grzybowska 61 local 5, 00-844 Warszawa.

If the Buyer waives the possibility of concluding a contract through individual negotiations, the following regulations and relevant legal provisions shall apply.

REGULATIONS

§1 Definitions

1. Postal address – name and surname or institutional name, location within a town (for towns divided into streets: street, building number, apartment or unit number; for towns not divided into streets: town name and property number), postal code, and town.

2. Complaint address – Brazi Druse Jewelry, Grzybowska 61 local 5, 00-844 Warszawa

3. Delivery price list – a list of available delivery types and their costs, located at https://brazi.pl/strona/koszty-dostawy.

4. Contact details – Brazi Druse Jewelry, Grzybowska 61 local 5, 00-844 Warszawa, phone number: 575666195, email: brazi@brazi.pl

5. Delivery – a type of transport service, including the carrier and cost, specified in the delivery price list located at https://brazi.pl/strona/koszty-dostawy

6. Proof of purchase – invoice or receipt issued in accordance with the Act on Tax on Goods and Services of March 11, 2004, with subsequent amendments, and other relevant legal provisions.

7. Product card – a single sub-page of the store containing information about a single product.

8. Customer – an adult natural person with full legal capacity, a legal person, or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to their business or professional activity.

9. Civil Code – the Civil Code Act of April 23, 1964, with subsequent amendments.

10. Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not directly related to their business or professional activity.

11. Cart – a list of products compiled from the products offered in the store based on the Buyer's selections.

12. Buyer – both Consumer and Customer.

13. Moment of delivery of the item – the moment when the Buyer or a third party designated by him for collection takes possession of the item.

14. Authorized entity – an entity authorized for out-of-court resolution of consumer disputes in the meaning of the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016, with subsequent amendments.

15. Consumer Law – the Consumer Rights Act of May 30, 2014.

16. Product – the minimum and indivisible quantity of an item that can be subject to an order, and which is stated in the Seller's store as a unit of measure when determining its price.

17. Subject of the contract – products and delivery that are the subject of the contract.

18. Subject of performance – the subject of the contract.

19. Collection point – a place of delivery of an item that is not a postal address, listed in the summary provided by the Seller in the store.

20. UOKiK Register – a register of authorized entities maintained by the Office of Competition and Consumer Protection based on the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016, with subsequent amendments, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php

21. Item – a movable item that may be or is the subject of a contract.

22. Store – the online service available at brazi.pl, through which the Buyer can place an order.

23. Seller – Brazi Druse Jewelry

24. Fulfillment period – the number of hours or working days specified on the product card.

25. Contract – a contract concluded off-premises or at a distance within the meaning of the Consumer Rights Act of May 30, 2014, for Consumers, and a sales contract within the meaning of Article 535 of the Civil Code Act of April 23, 1964, for Buyers.

26. Defect – both a physical defect and a legal defect.

27. Physical defect – non-conformity of the sold item with the contract.

28. Legal defect – a situation where the sold item is owned by a third party or is encumbered with a right of a third party, as well as if the restriction in use or disposal of the item results from a decision or ruling of a competent authority.

29. Order – the Buyer's declaration of intent made through the store, clearly specifying: the type and quantity of products; the type of delivery; the type of payment; the place of delivery of the item; the Buyer's data, and directly aiming at concluding a contract between the Buyer and the Seller.

30. Company address and name: {shop_name} company name: Aleksander Kościesza {shop_address_1} {shop_address_2} city: {shop_city} postal code: {shop_zip_code} {shop_email} {shop_phone} NIP: {shop_tax_id} REGON:REGON: 360862323

§2 General Conditions

The contract is concluded in Polish, in accordance with Polish law and these regulations.

The place of delivery of the item must be within the territory of the Republic of Poland.

The Seller is obliged and undertakes to provide services and deliver items free from defects.

All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include delivery costs, which are specified in the delivery price list.

All deadlines are calculated in accordance with Article 111 of the Civil Code, i.e., a deadline specified in days ends at the end of the last day, and if the beginning of a deadline specified in days is a certain event, the day on which that event occurred is not included in the calculation of the deadline.

The Seller informs about known guarantees granted by third parties for products in the store.

The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer will bear its costs in the amount resulting from the agreement he concluded with a third party providing a specific service enabling distance communication on his behalf.

The Seller ensures that the Buyer using the system will have the store operating correctly in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024 px. The use of third-party software affecting the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore, to achieve full functionality of the brazi.pl store, all such software should be disabled.

The Buyer may use the option to save his data by the store to facilitate the process of placing subsequent orders. To do this, the Buyer should provide a login and password, necessary to access his account. The login and password are a sequence of characters set by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. The Buyer has the option at any time to view, correct, update data and delete the account in the store.

The Seller adheres to the code of good practice.

Orders can be placed 24 hours a day.

In order to place an order, the Buyer should perform at least the following actions, some of which may be repeated multiple times:

add a product to the cart;

select delivery type;

select payment type;

select the place of delivery of the item;

place an order in the store by clicking the "Buy and pay" button.

§3 Conclusion and Fulfillment of the Contract

1. The contract with the Consumer is concluded at the moment of placing the order.

2. The fulfillment of a Consumer's order paid on delivery occurs immediately, while an order paid by bank transfer or through electronic payment systems occurs after the Consumer's payment is credited to the Seller's account, which should happen within 30 days of placing the order, unless the Consumer was unable to fulfill the payment through no fault of their own and informed the Seller about it.

3. The contract with the Client is concluded at the moment the Seller accepts the order, about which the Seller informs the Client within 48 hours of placing the order.

4. The fulfillment of a Client's order paid on delivery occurs immediately after the conclusion of the contract, while an order paid by bank transfer or through electronic payment systems occurs after the conclusion of the contract and the crediting of the Client's payment to the Seller's account.

5. The fulfillment of a Client's order may be conditioned on the payment of the entire or part of the order value, obtaining a trade credit limit at least equal to the order value, or the Seller's consent to send the order on delivery (cash on delivery).

6. The subject of the contract is dispatched within the period specified on the product card, and for orders consisting of multiple products, within the longest period specified on the product cards. The fulfillment period begins on the next business day after the order is processed.

7. The Seller reserves the right to extend the order fulfillment time beyond the period indicated on the product card in the event of special circumstances, such as:

• the specifics of handcrafted products made with great care,

• the need to ensure the highest quality of offered products,

• difficulties in obtaining unique natural raw materials necessary for order fulfillment.

8. The purchased subject of the contract, along with the sales document chosen by the Buyer, is sent by the delivery method chosen by the Buyer to the place of delivery indicated by the Buyer in the order, together with the attachments referred to in §2 point 6b.

§4 Right of Withdrawal

The Consumer, based on Article 27 of the Consumer Law, has the right to withdraw from a distance contract without giving a reason and to receive a refund of the funds paid for the products, with the exception of costs specified in Article 33 and Article 34 of the Consumer Law. The Consumer bears only the direct costs of returning the item in accordance with Article 34 paragraph 2 of the Consumer Rights Act.

The deadline for withdrawing from a distance contract is a minimum of 14 days from the date of delivery or receipt of the item, and up to 30 days from placing the order. To meet the deadline, it is sufficient to send the statement before its expiry.

The Consumer may submit a statement of withdrawal from the contract using the form, the model of which constitutes Annex No. 2 to the Consumer Law, in a form consistent with the Consumer Law.

The Seller will immediately confirm to the Consumer via e-mail (provided when concluding the contract, and another if provided in the submitted statement) the receipt of the statement of withdrawal from the contract.

In the event of withdrawal from the contract, the contract is considered null and void.

The Consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which he withdrew from the contract. To meet the deadline, it is sufficient to send back the item before its expiry.

The Consumer may return new, unused products (without signs of use).

The Consumer sends back the items that were the subject of the contract from which he withdrew at his own expense.

The consumer does not bear the costs of supplying digital content not stored on a tangible medium if he has not consented to the performance before the expiry of the withdrawal period, or has not been informed of the loss of his right to withdraw from the contract at the moment of granting such consent, or the entrepreneur has not provided confirmation in accordance with Art. 15 para. 1 and Art. 21 para. 1 of the Consumer Law.

The Consumer is liable for any diminished value of the item that is the subject of the contract resulting from using it in a way that exceeds what is necessary to ascertain the nature, characteristics, and functioning of the item.

The Seller shall immediately, no later than within 14 days from the date of receiving the Consumer's statement of withdrawal from the contract and the returned products, reimburse the Consumer for all payments made by him, including the costs of delivering the item to the Consumer. However, if the Consumer chose a delivery method other than the cheapest usual delivery method offered by the Seller, the Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.

The Seller shall refund the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different payment method which does not involve any costs for the Consumer.

The Seller may withhold the refund of the payment received from the Consumer until the item is returned or until the Consumer provides proof of its return, whichever occurs first.

In accordance with Article 38 of the Consumer Rights Act, the Consumer is not entitled to withdraw from a contract:

where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract;

where the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or intended to satisfy their individual needs;

where the subject of the service is an item that deteriorates quickly or has a short shelf-life;

where the subject of the service is an item delivered in a sealed package which, after opening, cannot be returned for health protection or hygiene reasons, if the package was opened after delivery;

where the subject of the service is items which, after delivery, due to their nature, become inseparably combined with other items;

where the subject of the service is audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;

for the supply of digital content not stored on a tangible medium, if the performance of the service has begun with the express consent of the Consumer before the deadline for withdrawal from the contract and after the Consumer has been informed by the entrepreneur about the loss of the right to withdraw from the contract;

for the supply of newspapers, periodicals or magazines, except for subscription contracts.

The Seller, pursuant to Article 558§1 of the Civil Code, completely excludes liability towards Customers for physical and legal defects (warranty for defects).

The Seller is liable to the Consumer on the terms specified in Article 556 of the Civil Code and subsequent articles for defects (warranty for defects).

In the case of a contract with a Consumer, if a physical defect is found within one year from the delivery of the item, it is presumed that it existed at the time the risk passed to the Consumer.

If the sold item has a defect, the Consumer may:

submit a statement demanding a price reduction;

submit a statement of withdrawal from the contract;

The Consumer, instead of the defect removal proposed by the Seller, may demand the replacement of the item with a defect-free one or, instead of replacing the item, demand the removal of the defect, 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 method proposed by the Seller, whereby, when assessing the excessiveness of costs, the value of the defect-free item, the type and significance of the defect found, as well as the inconveniences the Consumer would be exposed to by another method of satisfaction, are taken into account.

The Consumer cannot withdraw from the contract if the defect is insignificant.

If the sold item has a defect, the Consumer may also:

demand the replacement of the item with a defect-free one;

demand the removal of the defect.

The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Consumer.

The Seller may refuse to satisfy the Consumer's demand if bringing the defective item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the other possible method of bringing it into conformity with the contract.

If the defective item has been installed, the Consumer may demand from the Seller its disassembly and reassembly after replacement with a defect-free one or removal of the defect, but is obliged to bear part of the related costs exceeding the price of the sold item or may demand from the Seller payment of part of the costs of disassembly and reassembly, up to the price of the sold item. If the Seller fails to fulfill its obligation, the Consumer is authorized to perform these actions at the Seller's cost and risk.

§5 Warranty for defects

A Consumer exercising rights under the warranty for defects is obliged, at the Seller's expense, to deliver the defective item to the complaint address, and if, due to the nature of the item or the manner of its installation, delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where the item is located. If the Seller fails to fulfill its obligation, the Consumer is authorized to send the item at the Seller's cost and risk.

The costs of replacement or repair shall be borne by the Seller, with the exception of the situation described in §5 point 10.

The Seller is obliged to accept the defective item from the Consumer in the event of an item being replaced with a defect-free one or withdrawal from the contract.

The Seller shall respond within fourteen days to statements based on Article 5615 of the Civil Code: a statement demanding a price reduction, a demand for replacement of the item with a defect-free one, a demand for removal of the defect. The Seller shall respond within thirty days (Article 7a of the Consumer Rights Act) to any other statement of the Consumer which is not subject to the fourteen-day period specified in the Civil Code.

The Seller is liable under the warranty for defects if a physical defect is found within two years from the date of delivery of the item to the Consumer, and if the subject of sale is a used item, within one year from the date of delivery of the item to the Consumer.

The Consumer's claim for removal of the defect or replacement of the sold item with a defect-free one expires after one year, counting from the day the defect was discovered, but no earlier than two years from the date of delivery of the item to the Consumer, and if the subject of sale is a used item, within one year from the date of delivery of the item to the Consumer.

In cases where the period of usability of the item specified by the Seller or manufacturer ends after two years from the delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of that item found before the expiration of that period.

Within the periods specified in §5 points 15-17, the Consumer may submit a statement of withdrawal from the contract or price reduction due to a physical defect of the sold item, and if the Consumer demanded replacement of the item with a defect-free one or removal of the defect, the period for submitting a statement of withdrawal from the contract or price reduction begins upon the fruitless expiry of the period for replacement of the item or removal of the defect.

In the event of asserting one of the rights under the warranty for defects before a court or arbitration court, the period for exercising other rights accruing to the Consumer under this title is suspended until the proceedings are finally concluded. This also applies accordingly to mediation proceedings, whereby the period for exercising other rights under the warranty for defects accruing to the Consumer begins to run from the day the court refuses to approve the settlement concluded before the mediator or the fruitless conclusion of mediation.

For exercising rights under the warranty for legal defects of the sold item, §5 points 15-16 apply, with the proviso that the period begins to run from the day on which the Consumer became aware of the existence of the defect, and if the Consumer became aware of the existence of the defect only as a result of a third party's action - from the day on which the judgment issued in the dispute with the third party became final.

If, due to a defect in the item, the Consumer submitted a statement of withdrawal from the contract or price reduction, they may demand compensation for damages incurred by entering into the contract without knowing about the existence of the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible, and in particular may demand reimbursement of the costs of entering into the contract, costs of receipt, transport, storage and insurance of the item, reimbursement of incurred expenses to the extent that they did not derive benefits from them and did not receive their reimbursement from a third party, and reimbursement of court costs. This does not prejudice provisions on the obligation to compensate for damages on general principles.

The expiry of any period for discovering a defect does not exclude the exercise of rights under the warranty for defects if the Seller fraudulently concealed the defect.

If the Seller is obliged to provide a service or financial performance to the Consumer, it will do so without undue delay, no later than within the period provided by law.

§6 Privacy Policy and Personal Data Security

The administrator of personal data databases provided by Consumers of the store is the Seller.

The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997, and the Act on Providing Services by Electronic Means of July 18, 2002. By providing their personal data to the Seller when placing an order, the Buyer agrees to their processing by the Seller for the purpose of fulfilling the placed order. The Buyer has the right at any time to inspect, correct, update and delete their personal data.

Detailed rules for collecting, processing and storing personal data used for order fulfillment by the store are described in the Privacy Policy, which is available at: https://brazi.pl/strona/polityka_prywatnosci

None of the provisions of these regulations are intended to infringe the rights of the Buyer. It cannot be interpreted in this way either, because in case of inconsistency of any part of the regulations with applicable law, the Seller declares absolute subordination and application of that law instead of the challenged provision of the regulations.

Registered Buyers will be notified of changes to the regulations and their scope electronically (to the email address provided during registration or order). The notification will be sent at least 30 days before the new regulations come into force. Changes will be introduced to adapt the regulations to the applicable legal status.

The current version of the regulations is always available to the Buyer in the regulations tab (https://brazi.pl/strona/regulamin). During the order fulfillment and throughout the entire period of post-sales care, the Buyer is bound by the regulations accepted by them when placing the order. Except for situations where the Consumer considers it less favorable than the current one and informs the Seller of the choice of the current one as binding.

§7 Final Provisions

In matters not regulated by these regulations, the relevant applicable legal provisions shall apply. Disputed issues, if the Consumer so wishes, shall be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or court proceedings before an arbitration court at the Provincial Inspectorate of Trade Inspection. The Consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, e.g., via the EU ODR online platform or by choosing any authorized entity from the register of UOKiK. The Seller declares its intention and agrees to out-of-court resolution of consumer disputes.

Ultimately, the case will be decided by the competent local and subject matter court.

Brazi Druse Jewelry, Grzybowska 61 lokal 5, Warszawa 00-844