Terms & Conditions

The agreement between the Buyer and the Seller can occure in two ways.

The Buyer has right to negotiate any details with the Seller before placing an order, including terms of the following rules. Those negotiations should be held in a written form and directed on Seller's address (Caviallo, 01-794 Warszawa, ul. Anny German 15B/lok. 2). In case of resignation of the possibility of concluding an agreement via individual negotiations by the Buyer apply the following terms and conditions and current law.

REGULATIONS

§1 Definitions

1. Mailing address – name and surname or the name of institution, placement and locality (in case of locality divided by streets: street, number of the building, number of the local or apartment; in case of locality not divided by streets: name of the locality and number of the property), zip code and locality

2. Complaint address
Caviallo Jewellery, ul. Anny German 15B/ lok 2, 01-794 Warsaw, Poland

3. Delivery price list – placed under the address http://caviallo.com/page/shipping, along with the list of  available ways of delivery and their prices

4. Contact details - Caviallo 
Jewellery, ul. Anny German 15 B / lok. 2,
 01-794 Warsaw, e-mail: caviallo@caviallo.com, telephone number: +48 501 790 860

5. Delivery- the type of transport service of particular delivery company pointed in the delivery price list placed under the address http://caviallo.com/page/shipping

6. Proof of purchase – invoice or receipt issued according to the Act about tax from commodity and services from 11th march 2004 along with following changes and other appropriate regulations

7. Product card - single subpage enclosing information about particular product

8. Client - adult natural person with full ability to legal action, legal entity or organisation unit which is not in possession of legal personality but is in possession of ability to legal action that makes a purchase that is not directly connected to his/hers business or professional activity

9. Civil code - act civil code from 23th April 1964 with it's fallowing changes

10. Code of good practices- set of principles of conduct, especially ethical and professional norms that are described in article 2 point 5 of act about countermeasure to dishonest business practices from 23th June 2007 with it's following changes

11. Consumer- adult natural person with full ability to legal action who's purchasing from the vendor an item or service that isn't directly related to his/hers business or professional activity

12. Bag - list of products made from items offered by the shop that have been chosen by the client

13. Buyer - client and consumer

14. Place of handing over the goods- postal address or pick-up point chosen in the buyer's order

15. Time of handing over the goods- moment, in which the buyer or  third person chosen by him is taking the goods in his possession

16. Payment - form of paying for the subject of the agreement and the delivery described under the address http://caviallo.com/page/payment

17. Consumer law - act about consumer rights from 30th may 2014

18. Product - minimal and undividable amount of things witch may be a subject of order and which places in store of seller as a measurement unit during defining it's cost (unit/price)

19. Subject of the agreement - products and delivery that are the subject of the agreement

20. Subject of the benefit - subject of the agreement

21. Pick-up point- the place of handing over the goods other then postal address which is placed on the list shared by the seller in store

22. Item - movability that may be or is the subject of the agreement

23. Store - internet store placed under address http://www.caviallo.com via which a person can make an order

24. Seller:
Caviallo
 Rafal Ciesielski
ul. Anny German 15 B / lok. 2,


01-794 Warszawa
,
 Poland
NIP: 585-100-81-80, REGON: 190855978,
BANK ACCOUNT: PL 42 1140 2004 0000 3112 0322 0829

25. System - system of cooperating computer devices and software processing, keeping sanding and receiving data via telecommunication network that is commonly known as Internet

26. Due date - amount of hours or work days placed on items card

27. Agreement- agreement made outside of entrepreneur office or in the distance in the meaning of the act of consumer rights from 30th may 2014 in case off consumers and selling  agreement in the meaning of article 535 from the  civil code from 23th April 1964 in case of buyers

28. Flaw - physical and legal disadvantage

29. Physical flaw- incompatibility of sold item with an agreement, especially if:

a) there's a lack of qualities that item of some kind should have for the reason included in the agreement or eventuates form circumstances or intended use of the item

b) there's a lack of qualities that have been guaranteed by the seller

c) it is not suitable for the cause that was reviled by the consumer to the seller and the seller did not informed the costumer about that fact

d)was handed out to the consumer not in the complete state

e) in case of improper montage and putting into work - if those actions were taken by the seller or third person whom was under seller's responsibility or by the consumer that was fallowing seller's instructions

f) there's a lack of qualities which were guaranteed by the manufacturer, his representative or the person which is responsible for putting the item into market or a person who by putting a trade mark, name or other tokens that shows himself as a producer, unless the seller was not aware of those guarantees and in the judgement of rational mind the weren't any possibilities to find out about them or awareness of the existence or non-existence of those qualities wouldn't change the mind of the consumer about making an agreement or if the information about qualities was corrected before the agreement was made

30. Legal flaw - situation when an item is a property of the third person or the third person has some right to that item or if the limitation in disposing or using the item is caused by the decision of the proper authority

31. Order - statement of will of the buyer made via store that states unequivocally the kind and amount of products, form of delivery, form of payment, place of handing over the goods and personal data that are required for making the agreement

§2 General conditions

1. Agreement is made in anglish language, according to polish law and that rules

2. Seller is obligated to provide services and deliver items free of flaws

3. All the prices are given in polish currency and includes VAT tax. Prices of items do not include costs of delivery that are listed in the delivery price list.

4. Seller do not give the buyer the warranty in the meaning of article 577 civil code, however he gives the known him facts about others subjects that may provide the warranty

5. Confirming, sharing, consolidating and protecting important parts of the agreement in order to getting an access to those information in the future is assured by

a) sending a confirmation of the order to earlier stated e-mail address: orders, invoices, information about the right to withdrawal  from the agreement, this rules in pdf version, model document of withdrawal from the agreement in pdf version, links for downloading the rules and the model document of withdrawal from the agreement

b) attaching to realised order printed out: proof of purchase, information about the right to withdrawal from the agreement, this rules, model document of withdrawal from the agreement

6. Seller do not take any charges for communicating with him with  use of long distance measures and the buyer will be charged according to the deal he made with the third person about his long distance communication services

7. Seller provides the user of the system correctness of it's work in following browsers: IE 7 or newer, Fire Fox 3 or newer, Opera 9 or newer, Chrome 10 or newer, Safari with the newest versions of JAVA and FLASH, on screen with horizontal resolution bigger than 1024 px. Usage of software belonging to third firms might result in problems with using the store's site so in order to proper view of http://www.caviallo.com we recommend turning them off

8. Buyer can choose an option to save his personal data in store in order to make process of another order easier. In order to do that a buyer must create login and password and create his account. Login and password are the sequence of tokens that should be known only to the buyer. In any moment the buyer can change his personal data on his account or erase his account.

9. Seller follows the code of good practices

§3 Concluding an agreement and realisation

1. Orders can be made for 24 hours a day

2. In order to make an order buyer shall do at least following steps (some of them can be repeated):

a) placing an item into a bag

b) choosing the form of delivery

c) choosing the form of payment

d) choosing the place of handing over the goods

e) making an order by clicking on the button with "Making an order and obligates to pay" tag

3. The agreement with the consumer  is made by the time the order is made

4. Realisation of an order for client who is paying "cash on delivery" begins instantly with the moment the order is made and the realisation of order made by client paying by bank transfer or electronic payment begins after the order is made and the amount is booked

5. The agreement is made  when the seller receives a request for order, seller informs the buyer about receiving a request during 48 hours form receiving it

6. Realisation of an order for a client who is paying "cash on delivery" begins instantly with the moment the order is made and the realisation of order made by client paying by bank transfer or electronic payment begins after the order is made and the amount is booked

7. Realisation of an order might depend on making full or partly payment or getting a limit of mercantile credit which worth is at list as big as the wort of the order or getting an agreement from seller for making an order "cash on delivery"

8. Sending a subject of the agreement takes place on the date showed on item's card and for the many-items orders it takes place on the latest date showed on one of the item's cards

9.The subject of the agreement is sanded to buyer with documents of sale and other documents which are mentioned in section 2.6

§4 Right to withdrawal of the agreement

1. Consumer has a right to withdrawal from the agreement which was made long distance according to article 27 of consumer law without reviling the reasons or having to cover any expanses besides those mentioned in article 33 and 34 of consumer law

2. Consumer have 14 days to send back the item (it has to be sanded, not delivered in 14 days)

3. Consumer can make his statement about withdrawal from the agreement on any form or in other writing form

4. Seller do not take statements in forms other than writing

5. Seller immediately informs the buyer about receiving a form by sending an e-mail which was given by the buyer while making an order or while sending a form

6. In case of withdrawing from the agreement the agreement is considered invalid

7. The buyer must send back the item promptly and not later then 14 days from withdrawal of the agreement

8. Consumer sands back the item on his own cost and the risk

9. Consumer does not bear the costs of delivery of digital content that is not stored on a material device if  he did not agree to meet the benefits before the deadline to make withdrawal or has not been informed about the loss of right withdraw from the contract at the time of granting the consent or entrepreneur did not provide confirmation in accordance with Article 15 and article 21 of consumer law.

10. The consumer is responsible for the decrease in value of the asset which is the subject of the agreement and which was not made in  the way of proper usage.

11. The seller shall immediately, not later than 14 days from the date that consumer withdraw from the agreement, the seller returns the consumer all  his payments, including the cost of delivery of goods, and if the consumer has chosen method of delivery other than the least expensive normal delivery offered by the seller , seller shall not reimburse the consumer the additional costs in accordance with Article 33 consumer rights.

12. The seller refunds using the same method of payment, which used the consumer, unless the consumer has expressly agreed to another payment method that does not involve for him any costs.

13. The seller may withhold the refund of the payment received from the consumer to the moment of receiving the returned items, or when the consumer has supplied evidence of her return, depending on which event occurs first.

14. The consumer in accordance with Article 38 rights of the consumer is not entitled to withdraw from the contract:

a) in which the price depends on fluctuations in the financial market over which the seller has no control, and which may occur before the deadline to withdraw from the agreement


b) if the object of which is the item manufactured according to the specifications of the consumer

c) if the object is having a short shelf life

d) where the subject of the agreement is the thing delivered in a sealed container, which after opening the package can not return due to health protection or hygiene reasons

e) where the subject of the agreement are things that after delivery, due to their nature, are inseparably linked with other things

f) in which agreement the  subject is a  sound recording or visual or computer programs delivered in a sealed package, if the package has been opened after delivery

g) of the supply of digital content which is not stored on a electronic device if the services has begun with the  consent of the consumer before the deadline to withdraw from the contract and after having informed him by a seller of the loss of the right of withdrawal

h) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.

§5 Warranty

1. Seller pursuant to Article 558 of the Civil Code completely excludes liability to clients from reasons of physical and legal defects

2. The Seller is liable to the consumer under the terms of article 556 of the Civil Code and another for defects

3. In the case of a contract with a consumer if a physical defect has been detected within a year since the release of an item, it is assumed that it existed at the time of the transition of danger to the Consumer.

4. If the item sold to the consumer has a defect he may: a. Make a statement about the demanded price reduction; b. make a statement of withdrawal from the contract; unless the Seller immediately make up the inconvenience to the consumer by replacing the faulty thing to defect-free or  remove the defect. However, if the thing was already replaced or repaired by the Seller or the seller did not satisfy the obligation to exchange the item to free from defects or to fix the defect, he is not entitled to replace the goods or fix the defect anymore.

5. The consumer may  propose  to remove defects that require exchange or to exchange faulty item, unless they bring things into compliance with the agreement or it is impossible or would require excessive costs in comparison with the method proposed by the Seller, and in the evaluation of redundancy the value of the goods free of defects, the nature and the importance of the defect, and also  inconvenience which  the Consumer are taken into account.

6. The consumer can not withdraw from the contract if the defect is irrelevant.

7. The consumer if the item sold has a flaw can : a. Require the exchange for things free from flaws; b. to request the removal of defects.

8. The seller is obliged to replace the faulty thing for free of defects or get rid of the defect within a reasonable time without undue inconvenience to the consumer.

9. The seller can not agree to clients proposition  if  the manner chosen by the buyer is impossible or in comparison with other possible way to bring about compliance with the agreement would require excessive costs.

10. In the case, if the item is defective and has been mounted, the consumer may require the seller dismantling the item and re-installing it after the exchange for item free from defects or for the removal of defects, but is obliged to bear part of the costs involved in increase of the price, or may require the seller to pay part of the costs of dismantling and reassembly montage, which cost can not be higher than the price of the item. If the seller will not agree to those terms client has a right to send back products on sellers cost and risk.

11. A consumer who exercises the powers under warranty, is obliged to provide to the Seller's address a faulty item, and if because of the nature of things or the way it was installed or it  would be extremely difficult to the costumer it can not be transported, the consumer is obliged to share the place  where the item is situated with the seller. If the seller does not cooperate, the buyer have to send the item to the seller on seller's risk and cost.

12. The costs of replacement or repair are covered by the seller, except as described in § 4 point 10.

13. The Seller is obliged to take the item from the consumer  when replacing for  things from  defects or to withdraw from the contract.

14.Seller has to respond within fourteen days to : a. A statement of the request for a price reduction; b. a statement of withdrawal from the contract; c. to require for the thing free from defects; d. The request to remove the defect. Otherwise, it is believed that consumers  statement or request was recognized as rational.

15. The Seller is under warranty, if the physical defect is found before two years  since the release of the item, and if  the thing was earlier used - within a year since the release of the item.

16. Consumer right to claim for the removal of defects or replacement for goods  free from defects expires after one year from the date of discovery of a defect, but not before two years have that have passed since the release of the Consumer item, and if  the thing was used before - after one year.

17. If the date established by the seller or the manufacturer is two years,  the seller is responsible under the warranty for physical defects of the things stated before that date.

18. The deadlines listed in out in §4, 15-17 A consumer may file  a statement of withdrawal from the contract or price reduction because of defects in the item, and if the consumer demanded the exchange for things free from defects , the deadline to declare cancellation or reduction of the price begins when  it's past the deadline for the exchange of goods.

19. In the case of  process or mediations the date to perform other powers owned by  the consumer , shall be suspended until the final decision of the court. The deadline for the implementation of other rights under the warranty, begins to run from the date of the refusal or approval of the court  the settlement agreement before a mediator.

20. In the deadlines listed in §4, 15-16, consumer can make a statement about withdrawal from the agreement or cutting off a price for causes of faulty item, except that the period shall begin from the day on which the consumer has learned of the existence of defects, and if the consumer knew of the existence of defects only as a result of the third party - the date on which the court will make his verdict with a third party became final.

21. If, due to defects in the products bought by the  consumer, statement of withdrawal from or the contract or price reduction were filed, the costumer may claim compensation for the loss suffered by being the part of the contract, not knowing about the existence of defects, even if the damage was the result of circumstances which the Seller was not responsible for. In particular, consumer may request reimbursement of the cost of transport, storage and insurance of goods.

22. The passing of any time limit for noticing the defect does not exclude the powers of warranties, if the seller has insidiously dissimilated  the defect.

§6 Privacy and security of personal data

1. The administrator of databases of personal information submitted by consumers is the seller.

2. Seller agrees to protect personal data in accordance with the Law on Personal Data Protection dated 29 August 1997 and the Act on electronic services of 18 July 2002. The buyer when making an order passed his personal information to the Seller and agrees to  processing of the data by the Seller in order to realize the order. The buyer has at any time the opportunity to access, modify, update, or delete their personal data.

3. Detailed rules of collecting, processing and storage of personal data used for the execution of orders by the store are described in the Privacy Policy.

§7 Final Provisions

1. None of the provisions of these Regulations is not intended to affect any rights of the Buyer. It can not also be interpreted in this way, as in the case of non-compatibility with any part of the regulations of law seller declares to  surrender to any application of this law in place of the problematic part of the Rules.

2. Changes to the Rules  will be notified by e-mail . Notification will be sent at least 30 days before the entry into force of new regulations. The changes will be introduced in order to adapt the regulations to the law in force.

3. The current version of the regulations is always available to the Buyers in http://caviallo.com/page/terms-conditions Buyer must obey the rules which he agreed on making an order and in post-purchase time excluding the situation when he decides that the new rules are more beneficial for him. In that case he must inform the seller abut his decision.

4. Issues not regulated by this rules are regulated by law. All conflict situations shall be solved by mediations or courts if that's what pleases part of the conflict. 

Warsaw, January 1st 2016

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