Statute

Online store regulations

§1

Introductory Provisions

  1. The Cataphora Crafts online store, available at the Internet address https://www.cataphora.eu, is run by Karolina Orszulik, residing at ul. Ogrodnicza 6F, 43-417 Kaczyce, NIP No. 548-254-94-53, conducting Unregistered Business Activity.

2. These regulations are addressed to Consumers and specify the rules and procedure for concluding a Distance Selling Agreement with the Consumer via the Store.

§2

Definitions

  1. Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to his or her business or professional activity.
  2. Seller – a natural person conducting unregistered business activity, data – Karolina Orszulik, ul. Ogrodnicza 6F, 43-417 Kaczyce
  3. Client – any entity making purchases through the Store.
  4. Store – online store run by the Seller at the Internet address https://www.cataphora.eu
  5. Contract concluded at a distance – an agreement concluded with the Customer as part of an organised system of concluding distance contracts (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.
  6. Statute – these Store regulations.
  7. Order – a declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding a Sales Agreement for a Product or Products with the Seller.
  8. Account – customer account in the Store, it collects data provided by the Customer and information about Orders placed by him in the Store.
  9. Registration form – a form available in the Store enabling the creation of an Account.
  10. Order form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  11. Basket – an element of the Store software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  12. Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  13. Sales Agreement – a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store. A Sales Agreement is also understood to mean – in relation to the features of the Product – a service agreement and a contract for specific work.

§3

Contact with the Store

  1. Seller's address: Karolina Orszulik, ul. Ogrodnicza 6F, 43-417 Kaczyce
  2. Seller's email address: [email protected]
  3. Seller's telephone number: +48 733 661 014
  4. Seller's bank account number: PL 55 1050 1083 1000 0090 4535 7150
  5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this section.
  6. The Customer may communicate with the Seller by phone between 8 a.m. and 2 p.m.

§4

Technical requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, you must:

  1. a terminal device with access to the Internet and a web browser
  2. active e-mail account,
  3. cookies enabled,
  4. FlashPlayer installed.

§5

General information

  1. The Seller shall not be liable, to the fullest extent permitted by law, for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
  2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
  3.  The prices given in the Store are given in Polish zloty and are gross prices (including VAT).
  4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal fees), about which the Customer is informed on the Store's website when placing the Order, including when expressing the will to be bound by the Sales Agreement.
  5. Where the nature of the subject matter of the Contract does not allow, reasonably assessed, for the final (final) price to be calculated in advance, information on the manner in which the price will be calculated, as well as on transport, delivery, postal charges and other costs, will be provided in the Store in the Product description.

§6

Creating an Account in the Store

  1. To set up an Account in the Store, you must complete the Registration Form. The following data must be provided

- Name and surname

-Residential address

- Email address

  • Creating an Account in the Store is free.
  • Logging in to the Account is done by entering the login and password set in the Registration Form.
  • The Customer may at any time, without giving any reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via the "Delete account" option or by e-mail or in writing to the addresses provided in § 3.

§7

Rules for placing an order

To place an Order you must:

  1. log in to the Store (optional);
  2. select the Product that is the subject of the Order and then click the "Add to Cart" button (or equivalent);
  3. log in or use the option to place an Order without registration;
  4. if the option of placing an Order without registration has been selected – fill out the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivering the Product), enter the invoice details if they are different from the details of the Order recipient,
  5. click the “Order and pay” button,
  6. choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.

§8

Offered delivery and payment methods

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
    • Shipment to InPost Parcel Locker
    • Delivery to the specified address via the InPost courier company
  2. The customer can use the following payment methods:
    • Payment by transfer to the Seller's account
    • Payment by BLIK method on the phone
    • Fast online transfers handled by Autopay SA
    • Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

§9

Orders and individual projects

  1. The customer can order a personalized product, made to individual order via the contact form on the website www.cataphora.eu, via Messenger on Facebook, via a private message on Instagram or via e-mail to the address provided in § 3 point 2.
  2. After the Customer places an order, the Seller confirms its receipt by e-mail, responding to the order, providing the delivery time and a quote.
  3. The Seller provides a quote and order fulfillment time within 3 business days of receiving the inquiry. In the event of the need for further arrangements with the Customer, the Seller reserves the right to extend this time.
  4. The Seller accepts the order for execution only when it is accepted by the Customer and the agreed amount is paid into the bank account.
  5. The order will be processed once the deposit of PLN 50%, the agreed final price for the product, has been transferred to the account.
  6. The time of completion of a personalized order and its price are determined individually, unless the product ordered in the store has a specific completion period. In the absence of such a period, the Customer, by concluding the Sales Agreement, agrees to the completion of the order in accordance with the previously given completion date.
  7. Projects available in the tab Gallery of works – stone jewelry – Cataphora Crafts are carried out at no additional cost.
  8. In case of necessity to create a completely new jewellery design at the request and according to the client's guidelines, the additional cost is PLN 25 for the first draft of the design and 1 design correction. The cost of each subsequent correction is PLN 10. The cost of the design is payable before its execution. The costs of the design and corrections are non-refundable, even if the client withdraws from the project.
  9. In accordance with the Consumer Rights Act, personalised products made to individual order are not returnable.

§10

Execution of the sales contract

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
  2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by sending an appropriate e-mail message by the Seller to the Customer to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statements about receiving the Order and its acceptance for execution and confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above e-mail message, a Sales Agreement is concluded between the Customer and the Seller.
  3. In case of selection by the Customer:
    • payment by bank transfer or BLIK payment to the phone, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.
  4. The Product will be shipped by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
    • If the description does not specify the shipping date, the shipment will take place within 5 working days. The Seller reserves the right to extend this time in special cases, about which the Customer will be informed as soon as possible. In the case of planned holidays and related shipping delays, the Seller will place an appropriate note on the Store's Home Page.
  5. In the event of ordering Products with different delivery dates, the delivery date is the longest date given.
  6. In case of ordering Products with different delivery dates, the Customer may request delivery of the Products in parts or delivery of all Products after the entire order has been completed.
  7. The beginning of the delivery period of the Product to the Customer is counted as follows: If the Customer chooses to pay by bank transfer or BLIK payment by phone - from the date of crediting the Seller's bank account.

9. The Product is delivered within Poland.

10. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal fees) are indicated to the Customer on the Online Store website in the "Shipping Costs" tab and during the placement of the Order, including when the Customer expresses their will to be bound by the Sales Agreement.

11. The Store does not conduct sales with the possibility of personal collection.

§11

Right of withdrawal

  1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The period specified in paragraph 1 begins upon delivery of the Product to the Consumer or a person indicated by him other than the carrier.
  3. In the case of a Contract covering multiple Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 shall run from the delivery of the last item, batch or part.
  4. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the declaration before the deadline expires.
  5. The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller's e-mail address or by submitting the declaration on the Seller's website - the Seller's contact details are specified in § 3. The declaration may also be submitted on a form, the template of which constitutes Annex No. 1 to these Regulations and an annex to the Act of 30 May 2014 on consumer rights, but this is not obligatory.
  6. If the Consumer sends the declaration electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer.
  7. Consequences of withdrawal from the Agreement:
  8. In the event of withdrawal from a Contract concluded at a distance, the Contract shall be deemed not to have been concluded.
  9. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard method of delivery offered by the Seller.
  10. The Seller will refund the payment using the same payment method that was used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him.
  11. The Seller may withhold reimbursement until receiving the Product back or until proof of sending it back is provided, depending on which event occurs first.
  12. The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the expiry of the 14-day period.
  13. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.
  14. The Consumer is only liable for any reduction in the value of the Product resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the Product.
  15. If, due to the nature of the Product, it cannot be returned by regular post, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.
  16. The right to withdraw from a contract concluded at a distance does not apply to the Consumer in relation to the Contract:
  • where the subject of the provision is a non-prefabricated item, manufactured according to the Consumer’s specifications or intended to meet their individual needs,
  • for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline for withdrawal from the contract expires and after the Seller informed him of the loss of the right to withdraw from the Contract.

§12

Complaint and warranty

  1. The Sales Agreement covers new Products.
  2. The Seller is obliged to deliver to the Customer a product free from defects.
  3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code.
  4. Complaints should be submitted in writing or electronically to the Seller's addresses provided in these Regulations or using the electronic complaint form provided by the Seller on one of the Store's subpages.
  5. It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.
  6. The Seller will respond to the complaint request immediately, no later than within 14 days, and if he fails to do so within this period, it is considered that the Customer's request has been deemed justified.
  7. Goods returned under the complaints procedure should be sent to the address given in § 3 of these Regulations.
  8. If a warranty has been granted for the Product, information about it and its content will be included in the description of the Product in the Store.

§13

Extrajudicial methods of handling complaints and pursuing claims

  1. Detailed information on the possibility of the Consumer using out-of-court methods of complaint handling and claim settlement and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
  2. The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims:
  3. The Consumer is entitled to refer to a permanent consumer arbitration court, referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
  4. The Consumer is entitled to contact the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller.
  5. The consumer may obtain free assistance in resolving a dispute between him/her and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers).

§14

Personal data in the Online Store

  1. The administrator of Customers' personal data collected via the Online Store is the Seller.
  2. Personal data of Customers collected by the administrator via the Online Store are collected for the purpose of executing the Sales Agreement and, if the Customer consents, also for marketing purposes.
  3. The recipients of the personal data of Customers of the Online Store may be:
  4. In the case of a Customer who uses the Online Store's delivery method by post or courier, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out the shipment on behalf of the Administrator.
  5. In the case of a Customer who uses electronic payment or payment card payment in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
  6. The customer has the right to access and correct their data.
  7. Providing personal data is voluntary, however, failure to provide the personal data indicated in the Regulations and necessary to conclude the Sales Agreement results in the inability to conclude said agreement.

§15

Cataphora Crafts Gift Card Terms and Conditions

  1. Definitions
    a) Gift Card (hereinafter referred to as "Card") – a bearer payment instrument entitling the holder to purchase products available in the Cataphora Crafts online store.
    b) Purchaser – the person who purchased the Card.
    c) User – the person using the Card, who may be different from the Purchaser.
  2. Purchase and activation of the Card
    a) Cards are available for purchase online at www.cataphora.eu.
    b) The card is activated automatically after payment.
    c) The Card cannot be topped up or exchanged for cash.
  3. Value and validity of the Card
    a) The value of the Card is determined by the Purchaser at the time of purchase, and the minimum and maximum value of the Card is PLN 50 and PLN 500.
    b) The Card is valid for 12 months from the date of purchase, after which any unused funds will be forfeited.
  4. Rules for using the Card
    a) The card can only be used to purchase products available in the Cataphora Crafts store.
    b) To use the Card, enter its unique code when finalizing your order.
    c) If the value of the order exceeds the value of the Card, the User is obliged to pay the difference using another payment method accepted by the store.
  5. Returns and complaints
    a) In the event of withdrawal from the agreement, the refund for the product purchased using the Card will be made to the Card, if possible, and in the event of its expiration - to the User on a newly issued card of appropriate value. b) Complaints regarding the Card should be reported to the e-mail address: [email protected]
  6. Protection of personal data
    a) The personal data of the Buyer and the User are processed in accordance with the privacy policy of the Cataphora Crafts store and with the applicable law on personal data protection, including the GDPR.
  7. Limitation of liability
    a) The Seller shall not be liable for any loss, theft or unauthorised use of the Card after it has been handed over to the Purchaser or User.
    b) The Seller is not responsible for any technical problems that may occur during the execution of orders using the Card, if they result from reasons beyond the Seller's control.
  8. Rules for withdrawal from the contract when purchasing the Card
    a) The Buyer has the right to withdraw from the purchase agreement for the Gift Card within 14 days of the date of purchase, provided that the Card has not been used before. In such a case, the full amount paid for the Card is refunded.
  9. Scope of use of the Card
    a) The Gift Card cannot be used to purchase other Gift Cards and cannot be exchanged for cash.
  10. Transaction verification
    a) The Merchant reserves the right to refuse to execute a transaction using the Card if there are reasonable doubts as to the legality of the transaction or the authenticity of the Card.
  11. Changes in product offering and availability
    a) The Seller reserves the right to change the assortment available in the store and product prices without notice.
    b) In the event of withdrawal of a product purchased with the Card from the offer, the User has the right to choose another product of equivalent value or to have the funds refunded to the Card.
  12. Force Majeure Clause
    a) The Seller shall not be liable for failure to perform or improper performance of obligations arising from these regulations caused by force majeure, understood as events beyond the Seller's control that could not be foreseen or avoided (e.g. natural disasters, acts of war, strikes).

§16

Final provisions

  1. These Regulations are effective from 21.08.2024
  2. Agreements concluded via the Online Store are concluded in Polish.
  3. The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 7 days in advance.
  4.  In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights, the Act on the protection of personal data.
  5. The customer has the right to use out-of-court complaint and claim settlement methods. To do this, they can file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/
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