GENERAL PROVISIONS

1. The Online Store available at the website www.jantarstudio.com is run by ARTUR MIKLEWSKI, conducting business activity under the name JANTAR STUDIO ARTUR MIKLEWSKI, entered into the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG), kept by the minister competent for economic affairs, having its place of business and delivery address at: ul. Ogrodowa 31, 05-092 Kiełpin, Tax Identification Number (NIP): 1180897014, National Business Registry Number (REGON): 012392657, e-mail address: jantarstudio@wp.pl, telephone number: +48 501733773.
2. These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions states otherwise.
3. The controller of personal data processed in the Online Store in connection with the performance of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for the period, and on the grounds and principles indicated in the privacy policy published on the Online Store’s website. The privacy policy primarily contains rules concerning the processing of personal data by the Controller in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Likewise, the provision of personal data by a Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of an agreement and the Seller’s statutory obligations).
4. Definitions:
   1. DIGITAL SERVICES ACT, THE ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1–102).
   2. BUSINESS DAY – a single day from Monday to Friday, excluding public holidays.
   3. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
   4. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling an Order to be placed, in particular by adding Products to an electronic cart and determining the terms of the Sales Agreement, including the method of delivery and payment.
   5. CUSTOMER – (1) a natural person with full legal capacity to perform acts in law, and, in cases provided for by generally applicable provisions, also a natural person with limited legal capacity to perform acts in law; (2) a legal person; or (3) an organisational unit without legal personality which is granted legal capacity by statute – which has concluded or intends to conclude a Sales Agreement with the Seller.
   6. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
   7. ACCOUNT – an Electronic Service, a set of resources in the Service Provider’s IT system, marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
   8. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider by electronic mail, which allows all Service Recipients using it to automatically receive from the Service Provider recurring content of successive editions of the newsletter containing information about Products, news and promotions in the Online Store.
   9. ILLEGAL CONTENT – information which, in itself or by its reference to an activity, including the sale of Products or the provision of Electronic Services, is not in compliance with Union law or the law of any Member State which is in compliance with Union law, irrespective of the precise subject matter or nature of that law.
   10. PRODUCT – a movable item (in particular jewellery and jewellery articles) which is the subject of the Sales Agreement between the Customer and the Seller.
   11. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
   12. ONLINE STORE – the Service Provider’s online store available at the website: www.jantarstudio.com
   13. SELLER – ARTUR MIKLEWSKI, conducting business activity under the name JANTAR STUDIO ARTUR MIKLEWSKI, entered into the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG), kept by the minister competent for economic affairs, having its place of business and delivery address at: ul. Ogrodowa 31, 05-092 Kiełpin, Tax Identification Number (NIP): 1180897014, National Business Registry Number (REGON): 012392657, e-mail address: sklep@jantarstudio.com, telephone number: +48 501733773.
   14. SALES AGREEMENT – a Product sales agreement being concluded or concluded between the Customer and the Seller via the Online Store.
   15. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store and which is not a Product.
   16. SERVICE RECIPIENT – (1) a natural person with full legal capacity to perform acts in law, and, in cases provided for by generally applicable provisions, also a natural person with limited legal capacity to perform acts in law; (2) a legal person; or (3) an organisational unit without legal personality which is granted legal capacity by statute – which uses or intends to use an Electronic Service.
   17. CONSUMER RIGHTS ACT – the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended).
   18. ORDER – a declaration of intent of the Customer, made using the Order Form, aimed directly at concluding a Product Sales Agreement with the Seller.

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ELECTRONIC SERVICES IN THE ONLINE STORE

1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
   1. Account – use of the Account is possible after the Service Recipient has completed, jointly, three consecutive steps – (1) filling in the Registration Form, (2) clicking the “Create account” field, and (3) confirming the wish to create an Account by clicking the confirmation link sent automatically to the e-mail address provided. In the Registration Form, the Service Recipient is required to provide the following data: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number, and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.
      1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to: jantarstudio@wp.pl, or in writing to: ul. Ogrodowa 31, 05-092 Kiełpin.
   2. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. An Order is placed after the Customer completes, jointly, two consecutive steps – (1) filling in the Order Form, and (2) clicking the “Confirm purchase” field on the Online Store’s website after filling in the Order Form – until that moment it is possible to independently modify the entered data (for this purpose, the displayed messages and information available on the Online Store’s website should be followed). In the Order Form, the Customer is required to provide the following data concerning the Customer: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number, and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
      1. The Order Form Electronic Service is provided free of charge and is of a one-off nature, and terminates either when an Order is placed through it, or when the Service Recipient earlier discontinues placing an Order through it.
   3. Newsletter – use of the Newsletter takes place after providing, in the “Newsletter” tab visible on the Online Store’s website, the e-mail address to which successive editions of the Newsletter are to be sent, and clicking the “Sign up” field. It is also possible to subscribe to the Newsletter by checking the relevant checkbox while creating an Account – upon creation of the Account, the Service Recipient is subscribed to the Newsletter.
      1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular by e-mail to: jantarstudio@wp.pl, or in writing to: ul. Ogrodowa 31, 05-092 Kiełpin.
2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) a computer, laptop or other multimedia device with access to the Internet; (2) access to e-mail; (3) a web browser in its current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) a recommended minimum screen resolution: 1024×768; (5) enabling the ability to save Cookies and support for Javascript in the web browser.
3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practice, having regard to the respect for personal rights and copyright and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual facts. The Service Recipient is prohibited from supplying content of an unlawful nature, including Illegal Content.
4. The complaint-handling procedure concerning Electronic Services is set out in point 6 of the Terms and Conditions.

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CONDITIONS FOR CONCLUDING THE SALES AGREEMENT

1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has first placed an Order using the Order Form in the Online Store, in accordance with point 2.1.2 of the Terms and Conditions.
2. The Product price shown on the Online Store’s website is stated in Polish zloty and includes taxes. The Customer is informed of the total price, including taxes, of the Product which is the subject of the Order, as well as of the delivery costs (including charges for transport, delivery and postal services) and of any other costs, and, where the amount of such charges cannot be determined, of the obligation to pay them, on the Online Store’s website in the course of placing the Order, including at the moment the Customer expresses the wish to be bound by the Sales Agreement.
3. Procedure for concluding the Sales Agreement in the Online Store using the Order Form:
   1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has first placed an Order in the Online Store, in accordance with point 2.1.2 of the Terms and Conditions.
   2. After an Order is placed, the Seller promptly confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing takes place by the Seller sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declarations of receipt of the Order and of its acceptance for processing, and confirmation of the conclusion of the Sales Agreement. Upon the Customer’s receipt of the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
   3. The recording, securing and making available to the Customer of the content of the Sales Agreement being concluded takes place by (1) making these Terms and Conditions available on the Online Store’s website, and (2) sending the Customer the e-mail referred to in point 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.

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METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT

1. The Seller makes the following methods of payment available to the Customer in respect of the Sales Agreement:
   1. Electronic payments and payment-card payments via the Stripe service – the currently possible payment methods are specified on the Online Store’s website in the information tab concerning payment methods, and in the order-placing process on the website stripe.com.
2. Settlement of transactions by electronic payment and by payment card is carried out, according to the Customer’s choice, via the Stripe service. These payments are handled by:
   1. Stripe Technology Europe, Limited, with its registered office in Dublin (registered office address: The One Building, Lower Grand Canal Street, Dublin 2, Ireland), entered in the register of companies in Ireland under number 599284, holding an E-Money Institution licence regulated by the Central Bank of Ireland.
3. Payment deadline:
   1. Where the Customer chooses electronic payment or payment-card payment, the Customer is obliged to make the payment within 3 calendar days of the date of conclusion of the Sales Agreement.

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COST, METHODS AND TIME LIMIT OF PRODUCT DELIVERY

1. Territory of delivery: delivery of products is available within the territory of the Republic of Poland and outside its borders (international shipping).
2. Methods of delivery – the Seller makes the following methods of Product delivery available to the Customer:
   1. Domestic courier shipment.
   2. International courier shipment (by road or by air).
   3. Shipment to parcel lockers or pick-up points (available for selected countries, according to the options shown in the cart).
3. Product delivery costs (including charges for transport and delivery) are indicated to the Customer on the Online Store’s website in the information tab concerning delivery costs and in the course of placing the Order, including directly before the moment of confirming and placing the Order.
4. The time limit for delivery of the Product to the Customer is up to 7 Business Days within the territory of the Republic of Poland and up to 14 Business Days outside the borders of the Republic of Poland, unless a shorter time limit is stated in the description of the given Product or in the course of placing the Order. In the case of Products with different delivery time limits, the delivery time limit is the longest stated time limit, which may however not exceed 14 Business Days. The start of the running of the time limit for delivery of the Product to the Customer is calculated as follows:
   1. Where the Customer has chosen electronic payment or payment-card payment – from the date the Seller’s bank account or settlement account is credited.

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COMPLAINT HANDLING PROCEDURE

1. This point 6 of the Terms and Conditions sets out the complaint-handling procedure common to all complaints lodged with the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services, and other complaints connected with the activity of the Seller or the Online Store.
2. A complaint may be lodged:
   1. In writing to: ul. Ogrodowa 31, 05-092 Kiełpin;
   2. Electronically, by e-mail to: sklep@jantarstudio.com.
3. The sending or return of a Product as part of a complaint shall be made to the address: ul. Ogrodowa 31, 05-092 Kiełpin.
4. It is recommended that the description of the complaint include: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity or lack of conformity with the agreement; (2) a request as to the manner of bringing the Product into conformity with the agreement, or a declaration of price reduction or withdrawal from the agreement, or another claim; and (3) the contact details of the person lodging the complaint – this will facilitate and expedite the handling of the complaint. The requirements set out in the preceding sentence are merely recommendations and do not affect the effectiveness of complaints lodged without the recommended description of the complaint.
5. In the event of a change in the contact details provided by the person lodging the complaint during the handling of the complaint, that person is obliged to notify the Seller thereof.
6. Evidence (e.g. photographs, documents or the Product) relating to the subject of the complaint may be attached to the complaint by the person lodging it. The Seller may also ask the person lodging the complaint to provide additional information or to send evidence (e.g. photographs), if this will facilitate and expedite the handling of the complaint by the Seller.
7. The Seller will respond to the complaint promptly, no later than within 14 calendar days of the date of its receipt.
8. The basis and scope of the Seller’s statutory liability are set out in generally applicable provisions of law, in particular the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended). Below is additional information concerning the Seller’s statutory liability for conformity of the Product with the Sales Agreement:
   1. In the case of a complaint concerning a Product – a movable item – purchased by the Customer under a Sales Agreement concluded with the Seller up to 31 December 2022, the provisions of the Civil Code in the wording in force up to 31 December 2022 apply, in particular Articles 556-576 of the Civil Code. These provisions set out, in particular, the basis and scope of the Seller’s liability towards the Customer where the sold Product has a physical or legal defect (statutory warranty). In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under the statutory warranty for a Product purchased as stated in the preceding sentence towards a Customer who is not a consumer is excluded.
   2. In addition to statutory liability, a guarantee may be given for the Product – this is contractual (additional) liability and may be relied upon where the given Product is covered by a guarantee. A guarantee may be given by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed conditions concerning liability under the guarantee, including the details of the entity responsible for performing the guarantee and the entity entitled to rely on it, are available in the description of the guarantee, e.g. in the warranty card or in another place relating to the granting of the guarantee. The Seller indicates that, in the event of a lack of conformity of the Product with the agreement, the Customer is, by operation of law, entitled to legal remedies from and at the expense of the Seller, and that the guarantee does not affect those legal remedies.
   3. The provisions concerning the consumer contained in points 6.8.1 and 6.8.2 of the Terms and Conditions shall also apply to a Customer who is a natural person concluding an agreement directly related to their business activity, where it is apparent from the content of that agreement that it is not of a professional nature for that person, resulting in particular from the subject matter of the business activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

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OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS, AND THE RULES OF ACCESS TO THESE PROCEDURES

1. Methods of resolving disputes without the involvement of a court include, among others, (1) enabling the parties’ positions to be brought closer together, e.g. through mediation; (2) proposing a resolution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing its resolution on the parties, e.g. through arbitration (an arbitration tribunal). Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, the rules of access to these procedures, and a user-friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection (UOKiK), at: polubowne.uokik.gov.pl.
2. A contact point operates at the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide consumers with information concerning the out-of-court resolution of consumer disputes. A consumer may contact the contact point: (1) by telephone – calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – sending a message to: kontakt.adr@uokik.gov.pl; or (3) in writing or in person – at the Office’s Headquarters at plac Powstańców Warszawy 1 in Warsaw (00-030).
3. A consumer has, by way of example, the following possibilities of using out-of-court methods of handling complaints and pursuing claims: (1) an application for resolution of the dispute to a permanent amicable consumer court; (2) an application for out-of-court resolution of the dispute to the provincial inspector of the Inspection; or (3) the assistance of the county (municipal) consumer ombudsman or of a social organisation whose statutory tasks include consumer protection (among others, the Consumer Federation, the Polish Consumers’ Association). Advice is given, among other ways, by e-mail at porady@dlakonsumentow.pl and by the consumer helpline number 801 440 220 (helpline open on Business Days, 8:00 a.m.-6:00 p.m., call charged at the operator’s standard rate).

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RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. A consumer who has concluded a distance agreement may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Terms and Conditions:
   1. In writing to: ul. Ogrodowa 31, 05-092 Kiełpin;
   2. Electronically, by e-mail to: sklep@jantarstudio.com.
2. Return of the Product – movable items (including movable items with digital elements) – as part of withdrawal from the agreement shall be made to the address: ul. Ogrodowa 31, 05-092 Kiełpin.
3. A model withdrawal form is contained in Annex No. 2 to the Consumer Rights Act, and is additionally available in point 14 of the Terms and Conditions. The consumer may use the model form, but this is not obligatory.
4. The time limit for withdrawal from the agreement begins to run:
   1. for an agreement under which the Seller releases the Product, being obliged to transfer its ownership – from the taking into possession of the Product by the consumer or a third party indicated by them other than the carrier, and, in the case of an agreement which: (1) covers multiple Products which are delivered separately, in batches, or in parts – from the taking into possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a specified period – from the taking into possession of the first of the Products;
   2. for other agreements – from the date of conclusion of the agreement.
5. In the event of withdrawal from a distance agreement, the agreement is deemed not to have been concluded.
6. Products:
   1. The Seller is obliged to promptly, no later than within 14 calendar days of the date of receipt of the consumer’s declaration of withdrawal from the agreement, reimburse the consumer for all payments made by them, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to another method of refund which does not involve any cost to them. If the Seller has not offered to collect the Product from the consumer itself, it may withhold reimbursement of the payments received from the consumer until it has received the Product back, or the consumer has supplied proof of having sent it back, whichever occurs first.
   2. In the case of Products – the consumer is obliged to promptly, no later than within 14 calendar days of the date on which they withdrew from the agreement, return the Product to the Seller or hand it over to a person authorised by the Seller to collect it, unless the Seller has offered to collect the Product itself. It is sufficient to send the Product back before the expiry of the time limit in order to meet it.
   3. The consumer is liable for any diminished value of the Product resulting from using it in a manner going beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
7. Products:
   1. In the event of withdrawal from an agreement for the supply of digital content or a digital service, the Seller may not, from the date of receipt of the consumer’s declaration of withdrawal from the agreement, use content other than personal data supplied or created by the consumer in the course of using the Product supplied by the Seller, except for content which: (1) is useful only in connection with the digital content or digital service which was the subject of the agreement; (2) relates exclusively to the consumer’s activity in the course of using the digital content or digital service supplied by the Seller; (3) has been combined by the trader with other data and cannot be separated from it, or can be separated only at a disproportionate effort; (4) has been generated by the consumer jointly with other consumers who may continue to use it. Except in the cases referred to above in points (1)–(3), the Seller shall, at the consumer’s request, make available to them content other than personal data which was supplied or created by the consumer in the course of using the digital content or digital service supplied by the Seller. In the event of withdrawal from the agreement, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer’s access to the digital content or digital service, or by blocking the user account, which does not affect the consumer’s rights referred to in the preceding sentence. The consumer has the right to retrieve digital content from the Seller free of charge, without hindrance on the part of the Seller, within a reasonable time, and in a commonly used machine-readable format.
8. Possible costs connected with the consumer’s withdrawal from the agreement which the consumer is obliged to bear:
   1. In the case of Products, if the consumer chose a method of Product delivery other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by them.
   2. In the case of Products, the consumer bears the direct costs of returning the Product.
   3. In the case of a Product which is a service, the performance of which – at the consumer’s express request – began before the expiry of the time limit for withdrawal from the agreement, a consumer who exercises the right of withdrawal from the agreement after having made such a request is obliged to pay for the performance rendered up to the moment of withdrawal from the agreement. The amount payable is calculated in proportion to the scope of performance rendered, taking into account the price or remuneration agreed in the agreement. If the price or remuneration is excessive, the market value of the performance rendered is the basis for calculating that amount.
9. The right to withdraw from a distance agreement is not available to a consumer in respect of agreements:
   1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the consumer’s express and prior consent, having been informed before the commencement of performance that, after the Seller has performed the service, the consumer will lose the right to withdraw from the agreement, and acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the time limit for withdrawal from the agreement; (3) in which the subject of performance is a non-prefabricated Product, manufactured according to the consumer’s specification or intended to meet their individualised needs; (4) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – which is liable to deteriorate or expire rapidly; (5) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – delivered in sealed packaging which cannot be returned after opening due to health or hygiene reasons, if the packaging has been opened after delivery; (6) in which the subject of performance is Products – movable items (including movable items with digital elements) – which, after delivery, by their nature, become inseparably combined with other movable items, including movable items with digital elements; (7) in which the subject of performance is alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and whose delivery may take place only after the expiry of 30 days, and whose value depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer has expressly requested that the Seller come to them in order to carry out an urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or delivers Products – movable items (including movable items with digital elements) – other than the spare parts necessary to carry out the repair or maintenance, the right of withdrawal from the agreement shall apply to the consumer in respect of the additional services or Products; (9) in which the subject of performance is audio or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the delivery of daily newspapers, periodicals or magazines, except for a subscription agreement; (11) concluded by way of a public auction; (12) for the provision of services relating to accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if a specific day or period for performance of the service is indicated in the agreement; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller began performance with the consumer’s express and prior consent, having been informed before the commencement of performance that, after the Seller has performed the service, the consumer will lose the right to withdraw from the agreement, and acknowledged this, and the Seller provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price, where the consumer has expressly requested that the Seller come to them in order to carry out a repair, and the service has already been fully performed with the consumer’s express and prior consent.
10. The provisions concerning the consumer contained in this point 8 of the Terms and Conditions shall, for agreements concluded from 1 January 2021, also apply to a Service Recipient or Customer who is a natural person concluding an agreement directly related to their business activity, where it is apparent from the content of that agreement that it is not of a professional nature for that person, resulting in particular from the subject matter of the business activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

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PROVISIONS CONCERNING ENTREPRENEURS

1. This point 9 of the Terms and Conditions, and all the provisions contained in it, are addressed to, and thereby bind, only a Customer or Service Recipient who is not a consumer, and, from 1 January 2021 and for agreements concluded from that date, who is also not a natural person concluding an agreement directly related to their business activity, where it is apparent from the content of that agreement that it is not of a professional nature for that person, resulting in particular from the subject matter of the business activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason, and does not give rise to any claims by the Customer against the Seller.
3. The Seller’s liability under the statutory warranty for the Product, or for a lack of conformity of the Product with the Sales Agreement, is excluded.
4. The Seller will respond to the complaint within 30 calendar days of the date of its receipt.
5. The Seller has the right to limit the available methods of payment, including requiring full or partial prepayment, irrespective of the method of payment chosen by the Customer or the fact that the Sales Agreement has been concluded.
6. The Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without giving reasons, by sending the Service Recipient an appropriate declaration.
7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, irrespective of its legal basis, is limited – both in respect of a single claim and in respect of all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than the amount of one thousand zloty. The monetary limitation referred to in the preceding sentence applies to all claims brought by the Service Recipient/Customer against the Service Provider/Seller, including where no Sales Agreement has been concluded or which are unrelated to the Sales Agreement. The Service Provider/Seller shall be liable towards the Service Recipient/Customer only for typical damage foreseeable at the time of conclusion of the agreement, and shall not be liable for lost profits. The Seller shall also not be liable for a delay in the carriage of a shipment.
8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the Seller’s/Service Provider’s registered office.

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RULES FOR THE USE AND CARE OF PRODUCTS

1. Avoid contact with chemicals and perfume: Amber is very sensitive to chemical substances. Perfume, hairspray, creams and household cleaning agents can permanently dull its surface or cause it to chip. Always put on jewellery as the last step, after applying cosmetics.
2. Protect from water (especially chlorinated and salt water): Remove jewellery before bathing, or entering a pool or the sea. Chlorine and salt destroy amber’s natural shine and may weaken the bonding or metal elements of the jewellery.
3. Beware of high temperatures and sunlight: Do not expose amber to prolonged, strong sunlight (e.g. on a windowsill), and keep it away from sources of heat (radiators, hair dryers). Under the influence of temperature, amber may darken or crack.
4. Clean only dry or gently damp: To clean amber, use only a soft, dry cloth (e.g. microfibre or flannel). For more stubborn dirt you may use lukewarm water (without soap or detergents!), then immediately wipe the jewellery dry.
5. Store separately: Amber is soft and can easily be scratched by other, harder stones or metal chains. Store it in separate, soft pouches (e.g. organza or velvet) or in dedicated compartments in a jewellery box.
6. Remove during activities: To avoid mechanical damage (scratches, cracking), always remove jewellery before sleeping, exercising, and doing housework.
7. Protect the gold-plated layer from abrasion: Gold plating is a thin layer of real gold applied over silver, which naturally wears away over time. To extend its life as much as possible, avoid rubbing the jewellery against rough surfaces and remove it before sleeping and physical exercise.
8. Avoid moisture and sweat (remove before showering): Under the influence of moisture and contact with sweat, silver may darken (oxidise). Always remove jewellery before showering, bathing, or using a pool or sauna.
9. Apply cosmetics before putting on jewellery: Perfume, lotions, hairspray and deodorants contain chemical compounds that accelerate the blackening of silver and damage the delicate gold-plated coating. Put jewellery on only after cosmetics have fully absorbed.
10. Limit exposure to air during storage: Store unused jewellery in tightly sealed zip-lock pouches or soft boxes. Limiting air exposure prevents the natural darkening (yellowing and blackening) of silver.
11. Cleaning gold-plated jewellery: Clean gold-plated jewellery only with a very soft, dry cloth (e.g. microfibre), without applying force. Never use abrasive sponges, toothbrushes, or silver-cleaning liquids, as these will wear away the layer of gold.
12. Cleaning silver elements: Silver without gold plating can be gently polished with a special soft jeweller’s cloth intended for cleaning silver. However, avoid touching the amber setting with it, so as not to damage the stone.

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REVIEWS ABOUT PRODUCTS

1. The Seller enables its Customers to post and view reviews of Products and of the Online Store, on the terms indicated in this point of the Terms and Conditions.
2. A Customer may post a review after using the form enabling a review of the Product or of the Online Store to be added. This form may be made available directly on the Online Store’s website (including by means of an external widget), or may be made available by means of an individual link received by the Customer after purchase, at the e-mail address provided by them. When adding a review, the Service Recipient may also add a graphic rating or a photograph of the Product – if such an option is available in the review form.
3. A review of a Product may be posted only for Products actually purchased in the Seller’s Online Store, and only by a Customer who has purchased the Product being reviewed. It is prohibited to conclude fictitious or sham Sales Agreements for the purpose of posting a review of a Product. A review of the Online Store may be posted by a person who is a Customer of the Online Store.
4. The posting of reviews by Customers may not be used for unlawful activities, in particular for activities constituting an act of unfair competition, or activities infringing personal rights, intellectual property rights or other rights of the Seller or of third parties. When posting a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions, and good practice.
5. Reviews may be made available directly on the Online Store’s website (e.g. next to the given Product), or on an external review-collecting service with which the Seller cooperates and to which it directs on the Online Store’s website (including by means of an external widget placed on the Online Store’s website).
6. The Seller ensures that published reviews of Products come from its Customers who purchased the given Product. For this purpose, the Seller takes the following actions to check whether reviews come from its Customers:
   1. Publication of a review posted using the form available directly on the Online Store’s website requires prior verification by the Seller. Verification consists in checking the review’s compliance with the Terms and Conditions, in particular checking whether the reviewing person is a Customer of the Online Store – in this case the Seller checks whether that person made a purchase in the Online Store, and, in the case of a review of a Product, additionally checks whether they purchased the Product being reviewed. Verification takes place without undue delay.
   2. The Seller sends its Customers (including by means of an external review-collecting service with which it cooperates) an individual link to the e-mail address provided by the Customer when making the purchase – in this way, access to the review form is obtained only by a Customer who has purchased the Product in the Online Store.
7. In case of the Seller’s doubts, or of objections raised with the Seller by other Customers or third parties, as to whether a given review comes from a Customer, or whether a given Customer purchased the given Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm that they are in fact a Customer of the Online Store or have purchased the Product being reviewed.
8. Any comments, appeals from the verification of a review, or objections as to whether a given review comes from a Customer, or whether a given Customer purchased the given Product, may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions.
9. The Seller does not post, nor commission any other person to post, untrue reviews or recommendations of Customers, and does not distort reviews or recommendations of Customers in order to promote its Products. The Seller makes available both positive and negative reviews. The Seller does not make available sponsored reviews.

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ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE TERMS AND CONDITIONS

1. This point of the Terms and Conditions contains provisions arising from the Digital Services Act, to the extent concerning the Online Store and the Service Provider. As a rule, the Service Recipient is not obliged to supply content while using the Online Store, unless the Terms and Conditions require certain data to be provided (e.g. data for placing an Order). The Service Recipient may have the option of adding a review or comment in the Online Store using the tools made available for that purpose by the Service Provider. In every case of supplying content, the Service Recipient is obliged to comply with the rules contained in the Terms and Conditions.
2. CONTACT POINT – the Service Provider designates the e-mail address sklep@jantarstudio.com as a single contact point. The contact point enables direct communication by the Service Provider with the authorities of the Member States, the European Commission, and the Digital Services Board, and at the same time enables recipients of the service (including Service Recipients) to communicate directly, quickly, and in a user-friendly way with the Service Provider by electronic means, for the purposes of the application of the Digital Services Act. The Service Provider indicates Polish and English as the languages for communication with its contact point.
3. Procedure for reporting Illegal Content and acting in accordance with Article 16 of the Digital Services Act:
   1. Any person or entity may report to the Service Provider, at the e-mail address sklep@jantarstudio.com, the presence of specific information which that person or entity considers to be Illegal Content.
   2. The notice should be sufficiently precise and adequately substantiated. For this purpose, the Service Provider enables and facilitates the submission, to the e-mail address indicated above, of notices containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the Illegal Content, depending on the type of content and the specific type of service; (3) the name or title and the e-mail address of the person or entity submitting the notice, except for a notice concerning information considered to be related to one of the offences referred to in Articles 3-7 of Directive 2011/93/EU; and (4) a statement confirming the bona fide belief of the person or entity submitting the notice that the information and allegations contained therein are accurate and complete.
   3. A notice as referred to above shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in respect of the information it concerns, if it allows the Service Provider acting with due diligence to identify – without a detailed legal examination – the unlawful nature of the given activity or information.
   4. If a notice contains the electronic contact details of the person or entity which submitted it, the Service Provider shall, without undue delay, send that person or entity an acknowledgement of receipt of the notice. The Service Provider shall also, without undue delay, notify that person or entity of its decision in respect of the information to which the notice relates, providing information on the possibility of appealing the decision taken.
   5. The Service Provider shall process all notices received under the mechanism referred to above, and shall take decisions in respect of the information to which the notices relate, in a timely, non-arbitrary and objective manner, and with due diligence. Where the Service Provider uses automated means for the purposes of such processing or decision-making, it shall include information about this in the notification referred to in the preceding point.
4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, in respect of information provided by Service Recipients:
   1. The Service Recipient is subject to the following rules when supplying any content within the Online Store:
      1. the obligation to use the Online Store, including to post content (e.g. within reviews or comments), in accordance with its intended purpose, these Terms and Conditions, and in a manner consistent with the law and good practice, having regard to the respect for personal rights and copyright and intellectual property of the Service Provider and third parties;
      2. the obligation to enter content consistent with the actual facts and in a manner which is not misleading;
      3. a prohibition on supplying content of an unlawful nature, including a prohibition on supplying Illegal Content;
      4. a prohibition on sending unsolicited commercial information (spam) via the Online Store;
      5. a prohibition on supplying content which infringes generally accepted rules of netiquette, including content which is vulgar or offensive;
      6. the obligation to hold – where this is necessary – all required rights and permissions to supply such content on the Online Store’s website, in particular copyright or required licences, permissions and consents for its use, dissemination, making available, or publication, in particular the right to publish and disseminate it in the Online Store and the right to use and disseminate the image or personal data in the case of content which includes the image or personal data of third parties;
      7. the obligation to use the Online Store in a manner that does not create a risk to the security of the Service Provider’s IT system, the Online Store, or third parties.
5. The Service Provider reserves the right to moderate content supplied by Service Recipients to the Online Store’s website. Moderation takes place in good faith and with due diligence, and either on the Service Provider’s own initiative or in response to a received notice, for the purpose of detecting, identifying and removing Illegal Content or other content inconsistent with the Terms and Conditions, or disabling access to it, or taking the measures necessary to comply with the requirements of Union law and national law consistent with Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms and Conditions.
6. The moderation process may be carried out manually by a human, or may be based on automated or partially automated tools facilitating the Service Provider’s identification of Illegal Content or other content inconsistent with the Terms and Conditions. Having identified such content, the Service Provider takes a decision as to whether to remove it or disable access to it, or otherwise limits its visibility, or takes other action it considers necessary (e.g. contacting the Service Recipient to clarify objections and amend the content). The Service Provider shall inform the Service Recipient who supplied the content (where it has their contact details), in a clear and easily understandable manner, of its decision, the reasons for it, and the available means of appealing the decision.
7. In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner, and with due regard to the rights and legitimate interests of all parties involved, including recipients of the service, in particular having regard to the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
8. Any comments, complaints, appeals, or objections concerning decisions or other actions or the lack of action taken by the Service Provider on the basis of a received notice, or of a decision of the Service Provider taken in accordance with the provisions of these Terms and Conditions, may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions. Use of this procedure is free of charge and enables complaints to be lodged electronically at the e-mail address provided. Use of the notice and complaint-handling procedure is without prejudice to the right of the given person or entity to initiate proceedings before a court, and does not infringe their other rights.
9. The Service Provider shall process all comments, complaints, appeals, or objections concerning decisions or other actions or the lack of action taken by it on the basis of a received notice or a decision taken, in a timely, non-discriminatory, objective, and non-arbitrary manner. Where a complaint or other notice contains sufficient grounds for the Service Provider to consider that its decision not to take action in response to the notice is unjustified, or that the information to which the complaint relates is not illegal and is not inconsistent with the Terms and Conditions, or contains information indicating that the conduct of the complainant does not justify the measure taken, the Service Provider shall, without undue delay, reverse or amend its decision as to whether to remove or disable access to the content, or shall otherwise limit its visibility, or take other action it considers necessary.
10. Service Recipients, persons or entities which have submitted a notice of Illegal Content, and to whom decisions of the Service Provider concerning Illegal Content or content inconsistent with the Terms and Conditions are addressed, have the right to choose any out-of-court dispute settlement body certified by the Digital Services Coordinator of a Member State, in order to resolve disputes relating to those decisions, including in respect of complaints which have not been resolved under the Service Provider’s internal complaint-handling system.

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FINAL PROVISIONS

1. Agreements concluded through the Online Store are concluded in the Polish language.
2. Amendment of the Terms and Conditions:
   1. The Service Provider reserves the right to make amendments to these Terms and Conditions for important reasons, namely: changes in the provisions of law; changes to the methods or deadlines of payment or delivery, or subjection to a legal or regulatory obligation; changes to the scope or form of the Electronic Services provided; the addition of new Electronic Services; the need to counter an unforeseen and immediate threat connected with the protection of the Online Store, including the Electronic Services and the Service Recipients/Customers, against fraud, malware, spam, data breaches, or other cybersecurity threats – to the extent that these changes affect the performance of the provisions of these Terms and Conditions.
   2. Notice of proposed amendments is sent with at least 15 days’ advance notice before the date on which such amendments enter into force, provided that an amendment may be introduced without observing the 15-day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend the Terms and Conditions in a manner that does not allow it to observe the 15-day notice period; or (2) must, exceptionally, amend its Terms and Conditions in order to counter an unforeseen and immediate threat connected with the protection of the Online Store, including the Electronic Services and the Service Recipients/Customers, against fraud, malware, spam, data breaches, or other cybersecurity threats. In the two latter cases referred to in the preceding sentence, the amendments are introduced with immediate effect, unless it is possible or necessary to apply a longer period for introducing the amendments, of which the Service Provider shall notify in each case.
   3. In the case of agreements of a continuing nature (e.g. the provision of the Account Electronic Service), the Service Recipient has the right to terminate the agreement with the Service Provider before the expiry of the notice period for the proposed amendments. Such termination becomes effective within 15 days of the date of receipt of the notice. In the case of an agreement of a continuing nature, the amended Terms and Conditions bind the Service Recipient if they were properly notified of the amendments, in accordance with the notice period before their introduction, and did not terminate the agreement during that period. In addition, at any time after receiving notice of the amendments, the Service Recipient may accept the amendments being introduced and thereby waive the remainder of the notice period. In the case of an agreement of a nature other than a continuing one, amendments to the Terms and Conditions will not in any way infringe rights acquired by the Service Recipient before the date on which the amendments to the Terms and Conditions enter into force; in particular, amendments to the Terms and Conditions will not affect Orders already placed or submitted and Sales Agreements concluded, performed, or executed.
   4. Should an amendment to the Terms and Conditions result in the introduction of any new charges or an increase in existing ones, the consumer has the right to withdraw from the agreement.
3. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant generally applicable provisions of law.

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MODEL WITHDRAWAL FORM (ANNEX NO. 2 TO THE CONSUMER RIGHTS ACT)

(*) Delete as appropriate.