Regulations

Terms and Conditions of the Iluma Crystal Heritage Online Store

specifying, among other things, the rules for entering into contracts through the Store, containing the most important information about the Seller, the Store, and the Consumer's rights.



CONTENTS
§ 1Definitions
§ 2Contact With the Seller
§ 3Technical Requirements
§ 4Shopping in the Store
§ 5Payments
§ 6Order Fulfillment
§ 7Right of Withdrawal from the Contract
§ 8 Exceptions from the Right of Withdrawal from the Contract
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations
Annex No. 1: Sample Contract Withdrawal Form

§ 1 Definitions

Workday – days from Monday to Friday excluding public holidays in Poland.
Consumer – Buyer who is a natural person, making purchases in the Store or taking actions aimed at making a purchase, without a direct connection to their business or professional activity.
Account – a digital service regulated by a separate regulation in the meaning of the Consumer.Rights Act, thanks to which the Buyer can use additional functions in the Store free of charge..
Buyer – any entity making purchases in the Store or taking actions aimed at making a purchase.
Privileged Buye – Consumer or Privileged Entrepreneur.
Privileged entrepreneur – Buyer who is a natural person, entering into or intending to enter into an agreement with the Seller based on the Terms and Conditions directly related to their business activity, but not having a professional character for them.
Pick-up Point – a point located at the address ulica Niecała 10, 00-098 Warsaw or Górna 91, 42-274 Aleksandria
Regulations – these specified regulations.
Store – luma Crystal Heritage online store operated by the Seller at the address www.iluma.pl.
Seller – ILUMA CRYSTAL HERITAGE LIMITED LIABILITY COMPANY with its registered office at Rynek Wieluński 25, 42-202 Częstochowa, registered in the National Court Register - Register of Entrepreneurs by the DISTRICT COURT IN CZĘSTOCHOWA, XVII ECONOMIC DIVISION OF THE NATIONAL COURT REGISTER, under KRS number 0001022323, NIP 5732941992, REGON 52458430800000, share capital PLN 10,000.00
Consumer Rights Act – Polish act of 30 May 2014 on consumer rights.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: Rynek Wieluński 25, 42-202 Częstochowa, Poland
  2. Email address: biuro@iluma.pl
  3. Phone: +48 505 250 007
  4. he cost of telephone calls or data transmission made by the Buyer depends on the basic tariff of the telecommunications operator or internet service provider used by the Buyer. The Seller notes that the cost of international calls or international data transmission may be higher than the cost of domestic calls or transmission - depending on the tariff adopted by the telecommunications operator or internet service provider used by the Buyer

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, the following are required:
    • a device with Internet access
    • web browser that supports JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements specified in section 1, an active email account is required.

§ 4 SHOPPING IN THE STORE

  1. Product prices visible in the Store are total prices for the product.
  2. The Seller notes that the total price of the order includes the price for the product indicated in the Store and, if applicable, the costs of delivery of the goods.
  3. The Seller notes that the total price of the order includes the price for the product indicated in the Store and, if applicable, the costs of delivery of the goods.
  4. Then, the Buyer selects the method of delivery of the goods and the payment method for the order from among the options available in the Store, and provides the data necessary to complete the order.
  5. The order is placed when its content is confirmed and the Terms and Conditions are accepted by the Buyer.
  6. Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
  7. The Buyer may register in the Store, i.e. create an Account, or make purchases without registration by providing their data with each order.

§ 5 PAYMENTS

  1. The following payment methods are available in the Store:
    1. standard bank transfer to the Seller's bank account;
    2. via the payment platform:
      • Przelewy24
    3. n cash upon personal collection of the goods.
  2. In the case of the Buyer choosing advance payment, the order must be paid within 7 business days from placing the order.
  3. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.

§ 6 ORDER FULFILLMENT

  1. The order completion date is indicated in the Store.
  2. If the Buyer has chosen to pay for the order in advance, the Seller will begin processing the order after it has been paid..
  3. If, as part of one order, the Buyer purchased products with different lead times, the order will be completed on the date appropriate to the product with the longest lead time.
  4. Countries in whose territory the delivery takes place:
    • Poland
    • Germany
    • Spain
    • Portugal
    • France
    • Monaco
    • Szwitzerland
    • Great Britain
    • Dubai
    • Belgium
    • Netherlands
  5. The following delivery methods are available in the Store: via courier company.
  6. The Buyer may collect the goods in person at the Collection Point or at the Seller's office during their opening hours.
  7. If the Buyer chooses personal collection, the goods will be ready for collection within the specified order completion date.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The privileged Buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The deadline to withdraw from the contract expires after 14 days from the day:
    1. in which the Privileged Buyer came into possession of the goods or in which a third party other than the carrier and indicated by the Privileged Buyer came into possession of the goods;
    2. in which the Privileged Buyer came into possession of the last goods, batch or part or in which a third party, other than the carrier and indicated by the Privileged Buyer, came into possession of the last goods, batch or part, in the case of a contract obliging the transfer of ownership of multiple goods which are delivered are separately, in batches or in parts.
  3. In order for the privileged Buyer to exercise the right to withdraw from the contract, he or she must inform the Seller, using the data provided in § 2 of the Regulations, about his or her decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter sent by post or e-mail).
  4. The privileged buyer may use the sample withdrawal form at the end of the Regulations, but this is not obligatory.
  5. In order to meet the deadline for withdrawal from the contract, it is enough for the Privileged Buyer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal from the contract expires.

    EFFECTS OF WITHDRAWAL FROM THE CONTRACT
  6. In the event of withdrawal from the concluded contract, the Seller shall refund to the preferred Buyer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the preferred delivery method chosen by the Buyer other than the cheapest standard delivery method offered by the Seller), immediately and in any case no later than 14 days from the date on which the Seller was informed about the Privileged Buyer's decision to exercise the right to withdraw from the contract.
  7. The Seller will refund the payment using the same payment methods that were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to a different solution, and in any case the Privileged Buyer will not incur any fees in connection with this refund..
  8. JIf the Seller has not offered to collect the goods from the privileged Buyer himself, he may withhold the refund until he receives the goods or until he receives proof of sending them back, depending on which event occurs first.
  9. The Seller requests that the goods be returned to the following address: Rynek Wieluński 25, 42-202 Częstochowa immediately, and in any case no later than 14 days from the date on which the Privileged Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Privileged Buyer returns the goods before the expiry of the 14-day period.
  10. The privileged buyer bears the direct costs of returning the goods.
  11. The privileged buyer is only liable for any reduction in the value of the goods resulting from using them in a manner other than what was necessary to establish the nature, characteristics and functioning of the goods.
  12. If, due to their nature, the goods cannot be returned by regular post, the Preferred Buyer will also have to bear the direct costs of returning the goods. The Seller will inform the Privileged Buyer about the estimated amount of these costs in the description of the goods in the Store or when placing the order.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. The right to withdraw from a distance contract, as referred to in § 7 of the Regulations, does not apply to the contract:
    1. in which the subject of the service is a non-prefabricated item, produced according to the specifications of the privileged Buyer or serving to satisfy their individualized needs;
    2. in which the subject of the service is an item that is liable to deteriorate rapidly or has a short shelf life;
    3. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery;
    4. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other things;
    5. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;
    6. or the delivery of newspapers, periodicals, or magazines, with the exception of a subscription contract;
    7. in which the price or remuneration depends on fluctuations in the financial market, which the Seller does not control, and which may occur before the deadline for withdrawal from the contract.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

  1. The Seller is liable to the privileged Buyer for the conformity of the service with the contract, as provided by generally applicable law, including in particular the provisions of the Consumer Rights Act
  2. The Seller requests that complaints (including those regarding the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Regulations.
  3. If a warranty has been provided for the product, information about it, as well as its terms, is available in the Store.
  4. The Seller will respond to the complaint within 14 days from the date of its receipt.

II PRIVILEGED BUYERS

  1. Goods
    1. In the event of non-conformity of the goods with the contract, the privileged Buyer has the option to exercise the rights specified in Chapter 5a of the Consumer Rights Act.
    2. The Seller is liable for the non-conformity of the goods with the contract existing at the time of delivery and revealed within two years from that time, unless the expiration date of the goods, as specified by the Seller, their legal predecessors, or persons acting on their behalf, is longer.
    3. Based on the provisions of the Consumer Rights Act, in the event of non-conformity with the contract, the privileged Buyer may request:
      1. replacement of the goods,,
      2. repair of the goods..
    4. Additionally, the privileged Buyer may submit a statement for:
      1. price reduction,
      2. withdrawal from the contract
      in situations where:
      • The Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;;
      • The Seller has not brought the goods into conformity with the contract in accordance with Articles 43d(4-6) of the Consumer Rights Act;;
      • The non-conformity of the goods with the contract persists despite the Seller's attempts to bring the goods into conformity with the contract;
      • The non-conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without first resorting to the remedies specified in Article 43d of the Consumer Rights Act;
      • It is evident from the Seller’s statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the privileged Buyer.
    5. In the case of goods subject to repair or replacement, the privileged Buyer should make the goods available to the Seller. The Seller will collect the goods from the privileged Buyer at his own expense.
    6. The privileged Buyer cannot withdraw from the contract if the non-conformity of the goods with the contract is insignificant.
    7. In the event of withdrawal from the contract, as mentioned in this section (regarding goods), the privileged Buyer shall promptly return the goods to the Seller at his expense, to the address Rynek Wieluński 25, 42-202 Częstochowa. The Seller shall promptly refund the privileged Buyer the price, no later than within 14 days from the day of receiving the goods or proof of their return.
    8. The Seller shall promptly refund the privileged Buyer the amounts due as a result of exercising the right to a price reduction, no later than within 14 days from the day of receiving the privileged Buyer’s statement on the price reduction.
  2. Out-of-court methods for handling complaints and pursuing claims
    1. The Seller informs the Consumer about the possibility of using out-of-court methods for handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to out-of-court dispute resolution. The Consumer may use, among others:
      • Assistance from the appropriate European Consumer Centre from the network of European Consumer Centres. The Centres provide information about consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. The list of Consumer Centres relevant to each country can be found at: https://konsument.gov.pl/eck-w-europie/
      • The online ODR (Online Dispute Resolution) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
      Additionally, within the territory of the Republic of Poland, the following forms of support are available:
      • Mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
      • Assistance from the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for case consideration before the arbitration court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
    2. The previous provision is informational and does not constitute an obligation on the part of the Seller to use out-of-court dispute resolution methods.
    3. The use of out-of-court methods for handling complaints and pursuing claims is voluntary for both the Seller and the Consumer.
    4. Additionally, the Consumer may take advantage of free assistance from a city or county consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

  1. For the avoidance of doubt, the Seller points out that the Seller's liability towards a Buyer other than a Privileged Buyer, related to complaints, is governed by the provisions of § 11 paragraph 7.

§ 10 PERSONAL DATA

  1. The Seller is the data controller of personal data provided by the Buyer while using the Store. Detailed information about the processing of personal data by the Seller – including other purposes and bases for processing data, as well as recipients of the data – is available in the privacy policy in the Store, in accordance with the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – "GDPR".
  2. The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is to execute orders. The basis for processing personal data in this case is:
    • a contract or actions taken at the request of the Buyer, aimed at its conclusion (Article 6(1)(b) GDPR),
    • a legal obligation incumbent on the Seller related to accounting (Article 6(1)(c) GDPR), and
    • the legitimate interest of the Seller, consisting of processing data for the purpose of establishing, pursuing, or defending potential claims (Article 6(1)(f) GDPR).
  3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract in the Store..
  4. The Buyer's data provided in connection with purchases in the Store will be processed until:
    1. the contract between the Buyer and the Seller expires;
    2. the legal obligation requiring the Seller to process the Buyer's data ceases;;
    3. the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded through the Store ceases;
    4. the Buyer's objection to the processing of his personal data is accepted – in the case where the basis for data processing was the legitimate interest of the Seller;
    – depending on what applies in the given case.
  5. The Buyer has the right to request:
    1. access to their personal data,,
    2. irectification,
    3. deletion,
    4. restriction of processing,
    5. transfer of data to another administrator,:
      and also the right to:
    6. object at any time to the processing of data for reasons related to the Buyer’s special situation – against the processing of their personal data based on Article 6(1)(f) GDPR (i.e., on the legitimate interests pursued by the Seller).
  6. To exercise these rights, the Buyer should contact the Seller using the details in § 2 of the Terms and Conditions.
  7. If the Buyer believes that their data is being processed unlawfully, they may file a complaint with the appropriate data protection authority. In Poland, this authority is the President of the Personal Data Protection Office.

§ 11 RESERVATIONS

  1. It is prohibited for the Buyer to provide unlawful content.
  2. Each order placed in the Store constitutes a separate agreement and requires separate acceptance of the Terms and Conditions. The contract is concluded for the duration and for the purpose of fulfilling the order.
  3. All contracts made under these Terms and Conditions are subject to Polish law, subject to paragraph 4.
  4. The choice of Polish law for contracts concluded under the Terms and Conditions with a Consumer does not waive or limit the rights of the Buyer, which are granted to them under the mandatory provisions of the law applicable to the Consumer in situations where there is no choice of law. This means in particular that if the national laws applicable to a given Consumer provide for broader protection than that arising from these Terms and Conditions or Polish law – that broader protection shall apply.
  5. Contracts made under these Terms and Conditions are concluded in Polish.
  6. In the event of a dispute with a Buyer who is not a privileged Buyer, related to a contract concluded through the Store, the competent court will be the court of the Seller's registered office.
  7. Any liability of the Seller in relation to the Buyer who is not a privileged Buyer, arising from a contract concluded through the Store - within the limits allowed by law - is excluded.

Annex No. 1 to the Terms and Conditions

Below is a model withdrawal form that a Consumer or Privileged Entrepreneur may, but is not obliged to, use:

MODEL WITHDRAWAL FORM
(This form should be filled out and returned only if you wish to withdraw from the contract)

ILUMA CRYSTAL HERITAGE LIMITED LIABILITY COMPANY Rynek Wieluński 25, 42-202 Częstochowa e-mail address: biuro@iluma.pl

- I/We(*) ..................................................................... hereby notify(*) of my/our withdrawal from the contract of sale of the following goods(*) / for the provision of the following service(*):br />
..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Date of agreement conclusion(*)/receipt(*)

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- Name and surname of the Consumer(s) / Privileged Entrepreneur(s)::

..............................................................................................................................................................................

- Address of Consumer(s)/Entrepreneur(s) privileged:

..............................................................................................................................................................................

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Signature of the Consumer(s) / Privileged Entrepreneur(s) (only if the form is sent in paper version)

Date ............................................

(*) Delete if not applicable.