1)The seller is Michelson Diamonds Global Sp. z o.o. and is located at ul. Elektoralna 13, 00-137 Warsaw, Poland, NIP: 525-258-97-04, REGON: 147410333, registered in the National Court Register kept by the District Court for the Capital City of Warsaw, XII Commercial Division, under the KRS number 0000520617, hereinafter referred to as ‘the Seller’.
2)The buyer is an individual with full legal capacity or legal person or an organisational unit without legal personality, hereinafter referred to as ‘the Buyer’.
3)The sale of goods takes place at the time the order is placed on the website www.michelsondiamonds.com via the Internet.
4)The terms below should be understood as follows:
a)Goods - jewellery made with precious metals and gemstones and/or decorative stones;
b)Consumer - a physical person who acquires the goods for purposes unrelated to business or profession;
c)Working day - a weekday from Monday to Friday excluding public holidays stated by Polish Law for each calendar Year.
d)Price list - a list of products with their prices, offered by the seller;
e)VAT - tax on goods and services referred to in the Act of 11 March 2004 tax on goods and services (Journal of Laws of 2004 No 54, item. 535 with later amendments) under Polish Law at a rate of 23%;
f)Special Order – an order, for goods that at the request of the buyer is personalised to specified requirements stated in the order. Details of the product that the buyer is able to customise include an individual choice of the size, colour, and any special features (engraving) etc.;
g)Courier – the executive who provides services of carriage of goods or postal services.
HOW TO PLACE AN ORDER
5)An order with the seller may be placed:
a) by the order form located on the website of the seller www.michelsondiamonds.com;
6)In the event of an order via the order form located on the website of the seller; www.michelsondiamonds.com the buyer accepts the provisions of these Terms & Conditions and declares to undertake to abide by them by selecting the appropriate item at the time of order. After placing an order the Buyer shall immediately receive an e-mail with information that the order has been received and an order number, along with a request for confirmation of the order by clicking on the link within the message. An Order is made upon the seller’s receipt of the buyer’s confirmation.
7)If an order is placed by phone the buyer accepts these Terms & Conditions and states to commit to abide by them. An order is made the moment of receiving, from the buyer, all information required to carry out the order. Confirmation of receipt of the order by the seller is made with the issue of an order number.
8) In accordance with the Law on the Protection of Personal Data dated 29 August 1997 (consolidated text dated 6 July 2002 - Journal. Laws of 2002, No. 101, item 926), the seller is obliged to protect personal data.
9)When placing an order, the buyer is an individual who voluntarily consents to the processing and use of personal data for the purpose of the transaction, for any refunds or returns, to facilitate the submission of further orders, and for marketing purposes. Data cannot be processed or used for any other purpose.
10)The buyer has the right of access to their data, for correction and to request termination of its use or disposal.
11)The buyer may opt to receive information related to the activities of the seller by e-mail.
12)Specific samples of goods, due to the process of manufacture, may differ slightly from each other.
13)Photographs presented on the website michelsondiamonds.com of goods and other forms of visualisation and presentation do not reflect actual size. They have informational purposes only. The seller has made every effort to present goods in a way to give a realistic idea of their weight (size).
14)The seller certifies the quality of each gemstone with a Michelson Diamonds Certificate. In addition, selected larger stones also have a certificate from of one of the Independent Gemmological Institutes - IGI, HRD or GIA.
PAYMENT AND PRICES
15)The buyer may choose the following forms of payment:
a)payment direct to the seller's bank account held by Michelson Diamonds Global Ltd. Elektoralna 13/108, 00-137 Warsaw, Account No.
93 1140 2004 0000 3902 7528 6867
b)via PayPal payment system
16)Only the order number should be given as the title to a payment.
17) All prices shown are in regional carrency and include VAT. The price of each product is valid at the time of the order.
18)Price lists and other information posted on the website of the shop www.michelsondiamonds.com do not constitute an offer within the meaning of Article. 66 and 543 of the Civil Code (Journal of Laws No. 16 item. 93 with later amendments) in Polish Law.
EXECUTION OF ORDER
19) Delivery of ordered products is carried out on working days (Monday to Friday) using the international courier service UPS.
20)The seller shall deliver the product within the Delivery Time stated stated in each product's detailed description from the date of the seller receiving payment made by bank transfer or by the other authorised forms of payment. In the event that the buyer ordered two or more items, the time needed to complete the order may be extended if necessary. The buyer will be notified of the new date for the expected completion of the order.
21)The process of a special order begins after its acceptance by the seller. The seller shall notify the buyer the expected period of production of the goods.
22)The buyer shall receive the product within 7 days from the start of the processing of the order by the seller.
23)Without prejudice to the provisions set out in paragraph 40 of these Terms & Conditions, the buyer being a consumer, can withdraw from the agreement by cancelling the order before shipment by notifying the seller. This does apply in the case of a Special Orders where the product at the buyer’s request has been personalised.
24)In the event referred to in paragraph 23 of this section, the seller will refund the buyer all monies received from the within 14 days from the date of receipt of the information to cancel of the order.
25)The order will be completed by delivery to the address given by the buyer on the order form or communicated by telephone. In the case of an incorrect address, the buyer is liable for damages incurred by the seller in carrying out the order.
26)Each order is accompanied by a receipt. A VAT invoice is available at the request of the buyer only when all information needed is provided.
The receipt or invoice constitutes the proof of the purchase.
27) If the seller is unable to complete the order on the grounds that the product is not available, they promise to immediately notify the buyer and refund all monies received.
28)The cost of delivery of the goods covered by the buyer.
29)The cost of delivery of 20 GBP is payable by the buyer when the purchase value is less than 100 GBP. For a purchase on other regional currency, an equivalent of 100 GBP is considered, counted on the day of purchase using Exchange Rate stated by the National Polish Bank (Bank Narodowy). In case of purchases above 100GBP or its equivalent in other currencies, the shipping is free of charge.
30)In the case of the buyer’s absence at the time of delivery, a note will be left notifying of the time of the attempted delivery, the possible next delivery date, and a contact number of the courier service. The deadline for delivery is seven days following the date of the first attempted delivery. After this date, the product will be returned to the seller.
31)Prior to the acceptance of the delivery, the buyer is obliged to check whether the packaging is damaged.
32)If the buyer receiving the parcel notices any damage to the packaging they are obliged to refuse delivery, to request a report from the courier stating the damage incurred, and to notify the seller as soon as possible.
33)If after accepting the parcel the buyer notices damage which could not be seen from the external packaging they are obliged to inform the seller, and the courier, of the damage incurred within 7 days of the parcels receipt.
34 The buyer must notify the seller in writing about the loss or damage to the parcel to the address of the seller. Enclosing a report of the damage from the courier and delivery note.
REFUNDS & RETURNS
35) Complaints may be made in writing to the seller's e-mail: email@example.com
36)The complaint should include:
a)the name and address of the buyer;
b)the product the claim is made against and the date of purchase;
c)a description of any faults;
d)the reasons for returning the product;
37)To make a claim the buyer is obliged to include the proof of purchase, in particular, the receipt, or VAT invoice issued by the seller.
38)The buyer is obliged to send the goods to the address of the seller or to deliver them personally to the seller head office.
39)In the event that the complaint is the consumer, the seller is responsible to respond to the complaint within 14 days, calculated from the first day on which the seller has the goods in his possession.
RIGHT OF WITHDRAWAL
40)If the buyer is a consumer they can take advantage of their statutory rights to cancel the contract without giving any reason within 14 calendar days of delivery of goods (cooling-off period), making a statement in writing to the address of the seller.
41)If the buyer exercises his right of cancellation of the order, the contract is considered null and void. The buyer is obliged to return the goods immediately, but no later than within 14 days, unchanged, including the original packaging. Otherwise, the seller reserves the right to deduct the cost of bringing goods back to their original state. In the case of returning goods, the buyer is obliged to cover the cost of delivery to the seller.
42)The seller immediately upon receipt of the goods sent (returned) by the buyer shall refund all monies received for the goods..
43The right to cancel an order is not entitled following the acceptance of a Special Order (where the goods have been personalised).
44)This Regulation shall enter into force on 01.12.2011
45)Terms and Conditions may be changed only due to reasonable reasons . The changes will not adversely affect the rights and obligations of users for ongoing services. Any changes to the Terms & Conditions are in force from the moment of their publication on www.michelsondiamonds.com Consumers will be informed, on their addresses stated for Michelson Diamonds Global Sp. z.o.o., of any changes to Terms and Conditions no less than 14 days before upcoming change. In case of disagreement to the change, the consumer has an obligation to inform the seller within 14 days from the date of being informed of the change.
46)Cases not covered by these Terms & Conditions shall be governed by Polish Civil Code and other laws.
47) Any comments relating to the operation of the store, presentation and reliability of the data, or irregularities, please contact us by e-mail firstname.lastname@example.org