Acting pursuant to the act of 30th May 2014 on consumer rights (Journal of Laws, item 827, as amended) we provide Customers (Consumers) with the following information.
Details of the Seller (hereinafter "the Seller")
The Seller is the company 7stones spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, entered in the register of entrepreneurs of the National Court Register as KRS number 0000381840, registered in the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register; share capital fully paid up at the amount of 20,400.00 PLN (twenty thousand and four hundred zloty), NIP (taxpayer Identification Number): 521 359 92 36, REGON (National Business Registry Number): 142878397.
Seller’s address and contact information
The Seller’s registered office is in Warsaw at ulica Dominikańska 21B, 02-738 Warsaw.
Email address: SKLEPONLINE@MOKOBELLE.PL
Telephone number: + 48 607 701 706
Address for the submission of a complaint by a Customer:
Mokobelle Boutique, ulica Wilcza 3, 00-538 Warsaw.
Customer contact method
The Seller will contact the Customer by means of remote communication, in particular by email and telephone. If required by law, the Seller will contact the Customer in written form (by post).
Object of the service
The object of the service are new (unused) goods (jewellery products) available on the website of the online shop operating under the domain www.mokobelle.pl. or manufactured to individual order based on a design prepared by the Seller together with the Customer. The specific features of particular goods (including their type and price) are presented/specified during the purchase process made by the Customer on the website www.mokobelle.pl.
The obligation to deliver Goods without defects
The Seller is obliged to deliver Goods free of defects.
Costs associated with the use of distance communication methods to conclude a contract
The costs of using the distance communication methods (including the costs of telephone calls and use of the internet) to complete an Order for Goods are in accordance with the operator's tariff and there is no reason or rationale on the part of the Seller for the above costs to be higher than usual for using distance communication methods.
The Customer may choose the following forms of payment for Goods purchased:
· payment by ordinary bank transfer or internet transfer to the Seller's bank account at ING Bank Śląski S.A. account number: 25105010251000009080000277, 7stones Sp. z o.o. ulica Dominikańska 21B, 02-738 Warsaw,
· payment by payment card - Visa, Visa Electron, MasterCard (via Dotpay),
· payment by bank transfer via the internet site Dotpay - for Orders with delivery in Poland,
· payment by transfer via Paypal - for Orders with delivery outside Poland,
· payment with an electronic gift voucher purchased in the online shop,
· PayPo deferred payment (via the Dotpay internet service);
· payment on delivery - applies to orders only within Poland.
Costs and delivery times
The cost of delivery in Poland is: a) 15.00 PLN if the Customer pays for the Goods online and chooses courier delivery by DHL, b) 18.00 PLN if the Customer chooses payment on delivery using courier delivery by DHL, c) 11.99 PLN if the Customer pays for the Goods online and chooses delivery by InPost to a parcel collection point, d) 12.50 PLN if the Customer pays for the Goods online and chooses courier delivery by InPost, e) 14.50 PLN if the Customer chooses courier delivery by InPost and chooses payment on delivery.
The delivery of Goods in Poland will be carried out by the Seller within 3 to 5 business days following the day on which the payment made by the Customer was credited to the Seller's bank account, payment was made by a gift voucher in electronic form or an order was placed with payment on delivery (cash on delivery).
A situation may arise (in particular this applies to goods included in some collections, orders placed before Easter or Christmas, or orders placed during promotional and discount actions organised by the Seller) that the delivery time for Goods is prolonged, but the Seller shall endeavour to deliver the Goods ordered within a maximum of 7-10 business days.
In the case of individual orders for bespoke goods (jewellery) based on a design prepared by the Seller together with the Customer, the delivery time can be up to 14 business days from the acceptance of the design by the Customer, and in the case of elements or materials necessary for such a design that may be difficult to acquire, the delivery time may be extended to up to 21 business days.
Delivery is free of charge for single orders of over 290 PLN within Poland.
Delivery within Poland takes place:
· by DHL courier, UPS courier or InPost courier to the address indicated in the Order;
· to an InPost collection point indicated by the Customer when placing the Order.
Delivery to other countries is made by DHL courier or UPS courier to the address indicated in the Order.
In the event of shipment outside Poland, the date and cost of delivery is determined individually based on the estimated weight of the package and the country of destination.
The means and date of completing an Order by the Seller
An Order is fulfilled by the Seller to a Customer upon the single delivery (in particular, sending) of the ordered Goods to the address specified by the Customer when placing the Order or to an InPost parcel collection point chosen by the Customer when placing the Order.
If, in the opinion of the Customer, the Goods purchased by them have defects, regardless of other rights available to them under the Civil Code and the Consumer Rights Act (including withdrawal from the contract and requesting a reduction in the price of the Goods), the Customer may request that the Goods be repaired or replaced with new Goods. To this end, the Customer should:
• return the Goods (if possible in the original packaging and with the proof of purchase attached - receipt, wherein these are not necessary requirements for the lodging and processing of a complaint) to the following address: Butik Mokobelle, ul. Wilcza 3, 00-538 Warsaw; the Goods should be sent back no later than 2 months from the date of detecting the defect and no more than 2 years from the date of delivery of the Goods under complaint;
• send or otherwise submit to the above address a written statement containing the complaint about the defective Goods; for this purpose, the Customer may use the form, a specimen of which is attached as Annex 2 to this Consumer Information;
• indicate in the aforesaid statement whether the Customer demands the repair of the Goods or replacement of the Goods with new ones free of defects and specify what constitutes the defect;
• indicate in the above statement the contact details for the purpose of handling the complaint by the Seller, including: the correspondence address, email address and telephone number.
The Seller shall consider a complaint within 14 days of the date of its submission by the Customer. If the complaint is accepted, the Seller shall, in accordance with the Customer's request, repair the Goods or replace the advertised Goods with full value Goods. The Seller may refuse a Customer's request to repair the Goods if it is impossible or, compared with the alternative solution (i.e. replacement of the Goods with new ones, free of defects), this would require excessive costs.
The Seller shall cover the reasonable costs of the complaint, including the documented cost of sending the Goods included in the complaint by the Customer.
The principles of the complaint procedure presented above do not affect a Customer's further rights provided for in the Civil Code Act of 23rd April 1964, including withdrawal from the contract or requesting a reduction in the price of the Goods.
Right of withdrawal
A Customer has the right to withdraw from a sales contract, without stating the reason, within 14 days of the date of receipt of the Goods.
A Customer residing outside the European Union shall have the right to withdraw from a remote contract, without stating the reason, within 30 days of the date of receiving the Goods.
A Customer may make a declaration of withdrawal:
• on the form attached as Annex 1 to this Consumer Information;
• on the form attached as Annex 2 to the Act on Consumer Rights;
or in any other way informing the Seller of the decision to withdraw from the contract by an unequivocal statement in writing.
In order to comply with the deadline for withdrawal, it is sufficient for the Customer to send information to the Seller concerning the exercise of their right of withdrawal from the contract before the expiry of the deadline for withdrawal.
In the event of withdrawal by a Customer from the contract, the Customer shall be refunded all payments received from them, including the costs of delivery of the Goods to the Customer, immediately, and in any case no later than within 14 days of the date on which the Seller was informed of the Customer's decision to exercise their right the withdraw from the contract.
Withdrawal costs incurred by a Customer
A Customer withdrawing from a contract is obliged to cover only the direct costs of returning the Goods corresponding to the postage costs for shipping the Goods. If the Customer chooses a different way of delivering the Goods than by post (i.e. other than the cheapest usual way of delivering items offered by the Seller), the Seller shall not be obliged to reimburse the Customer for any additional costs incurred by them for returning (sending back) the Goods.
The Seller informs that in accordance with article 38 of the Consumer Rights Act, the right to withdraw from a contract does not apply:
• to a contract for the provision of services where the entrepreneur has performed the service in full with the express consent of the consumer who was informed before the performance began that after the fulfilment of the service by the entrepreneur the consumer will lose the right of withdrawal;
• to a contract in which the price or remuneration is dependent on fluctuations in the financial market which are not controlled by the entrepreneur and which might occur before the end of the withdrawal period;
• to a contract in which the subject matter is a non-refabricated item produced to the consumer's specification or serving to satisfy their individual needs;
• to a contract in which the subject matter is an item that deteriorates rapidly or has a short shelf life;
• to a contract in which the subject matter is an item delivered in a sealed package that cannot be returned after opening the package due to health protection or hygienic reasons, if the package has been opened after delivery;
• to a contract in which the subject matter are items which after delivery, due to their nature, are inseparably connected with other things;
• to a contract for the supply of alcoholic beverages, the price of which has been agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market which the entrepreneur does not control;
• to a contract in which the consumer has specifically requested the entrepreneur to come to them for the purpose of carrying out urgent repairs or maintenance; if the entrepreneur provides services in addition to those requested by the consumer or goods other than replacement parts necessarily used in performing the repairs or in carrying out the maintenance, the right of withdrawal shall apply to those additional services or goods;
• to a contract in which the subject matter are sound or visual recordings or computer programs supplied in sealed packaging, if the packaging was opened after delivery;
• to a contract for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
• to a contract concluded in a public auction;
• to a contract for the provision of accommodation other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period for the provision of the service;
• to a contract for the supply of digital content which is not recorded on a tangible medium if the provision of the service begun with the consumer's express consent before the end of the period for withdrawal and after the entrepreneur has informed the consumer of the loss of the right of withdrawal.
The limitations specified above do not apply to the Goods offered to Customers by the Seller.
Period of price observance
The Seller is bound by the price of the Goods in force at the time of confirming to the Customer the acceptance of an Order placed by them and is not subject to change at a later date. The same applies to the Customer's delivery costs.
Deposits and securities
The Seller does not require the Customer (Consumer) to make a deposit or provide other financial guarantees.
Code of good practice
The Seller does not apply the code of good practices referred to in the act of 23rd August 2007 on counteracting unfair market practices.
Options for using out-of-court complaint handling and claim settlement
Detailed information about the possibility of using out-of-court complaint and redress procedures by consumers, as well as the rules of access to those procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
A consumer has the following example options for out-of-court complaint and claim handling: (1) a request for dispute resolution to a permanent court of arbitration for consumers (more information at: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the Seller's business); and (3) the assistance of a county (municipal) consumer advocate or a social organisation whose statutory tasks include consumer protection (such as the Consumer Federation, or the Polish Consumer Association).
An internet platform for the resolution of disputes between consumers and entrepreneurs at the EU level is available at the following address (the ODR platform): http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website to provide a comprehensive service to consumers and businesses seeking an out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or service contract (more information on the website of the platform itself or at the website address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).