Terms of service

The "dwaglosy.pl" online shop is a service operated by Amelia Majchrzak, conducting business under the name: "Amelia Majchrzak" with its registered office in Mierzyn 97-340, at the address: Mierzyn 13D, NIP identification number 7712918608, REGON 521613707.

 Address for correspondence: Amelia Majchrzak, Mierzyn 13D, 97-340 Mierzyn.
 E-mail address: dwaglosybarbie@gmail.com.

 §1 Definitions – glossary

1. ADDRESSEE - the entity indicated by the Customer as being competent to receive the consignment.
2. DELIVERY - shall mean the actual act of delivering the Goods specified in the order to the Buyer by the Seller, including through the Supplier. 
3. SUPPLIER - an entity which, in agreement with the Seller, delivers the Goods to the Buyer, in particular a courier company, public operator, parcel equipment operator. 
4. CONSUMER - a natural person who, in accordance with Article 22(1) of the Civil Code, makes a legal transaction with an entrepreneur that is not directly related to his/her economic or professional activity.
5. ENTERPRISER - a natural person, a legal person, an organisational unit without legal personality, who, in accordance with Article 43(1) of the Civil Code, conducts a business or professional activity in its own name in connection with legal actions, and who performs a legal action directly related to its business or professional activity.
6. ENTERPRISE UNDER CONSUMER'S RIGHTS - an individual concluding a contract directly related to his/her business activity, when the content of that contract indicates that it does not have a professional character for that person, resulting in particular from the subject matter of his/her business activity made available on the basis of the provisions of the Central Register and Information on Business Activity. 
7. SELLER - Amelia Majchrzak, conducting business under the name: "Amelia Majchrzak" with its registered office in Mierzyn 97-340, at the address: Mierzyn 13D, NIP identification number 7712918608, REGON 521613707.
8. INTERNET SHOP- "Two Voices" - Internet Service available at: https://dwaglosy.pl/ through which the Customer may in particular place orders.
9. GOODS - all products that are offered for sale in the online shop, the address of which is indicated above. Within the meaning of this term, there will also be products that are not available at the address of the online shop, but have been ordered in the course of a separate order. 
10. ORDER - the declaration of will of the Buyer aiming at concluding the contract of sale of the Goods, which declaration specifies in particular: the quantity, type of Goods and the Goods themselves.
11. CONTRACT OF SALE - the contract under which the Seller undertakes to transfer the ownership of an item being the Goods to the Buyer within the meaning of the Regulations and to deliver the Goods to the Buyer. The Buyer by virtue of this contract undertakes to pay a specific price indicated when placing an Order. The contract is concluded without the simultaneous physical presence of the parties by means of distance communication. 
12. SERVICE PROVIDER - Amelia Majchrzak, conducting business under the name: "Amelia Majchrzak" with its registered office in Mierzyn 97-340, at address: Mierzyn 13D, NIP identification number 7712918608, REGON 521613707.
13. USER - a natural person, legal person, an entity that does not have legal personality, who uses the electronic service provided by the Service Providers.
14. PRICE - the value expressed in monetary units that the Customer undertakes to pay under the Sales Contract for the purchase of the Goods.
15. ORDER FORM - the Form is the place where the necessary information for placing an order is provided. 
16. GIFT CARD - is a gift voucher which is issued to the bearer. The amount of the Gift Card is possible in the variants specified on the website.
17. WORKING DAY - a day of the week from Monday to Friday, excluding public holidays. 
18. the legal acts indicated below:
     a. Act on provision of services by electronic means - Act of 18 July 2002. ( Journal of Laws No. 144, item 1204 as amended);
     b. Civil Code - Act of 23 April 1964 ( Journal of Laws No. 16, item 93 as amended);

§2 General Terms and Conditions of Using the Online Shop

1. These Terms and Conditions of Use set out the rules for the use of the online shop, whose address has been indicated above, run by Amelia Majchrzak, conducting business under the name: "Amelia Majchrzak" with its registered office in Mierzyn 97-340, at the address: Mierzyn 13D. The Rules and Regulations set out the principles for placing orders, purchasing goods at a distance, in addition to payment of the price required and delivery of products, as well as the principles for filing complaints and the manner and conditions of making returns.
2. These Terms and Conditions may be amended from time to time. The amended Regulations shall apply to orders placed from the effective date of the amendments.
   

 §3 Characteristics of Goods:

 1. the characteristics as well as the features of each product available on the website under "description" and “specification”. As the products are handmade, please note that the jewellery that is the object of purchase, i.e. the GOODS, may differ from the preview images provided at the address allowing you to purchase a specific product. This is due to the nature of the production and the methods used in it. By making a purchase, the buyer declares that he/she is aware of the fact that he/she is buying a hand-made product which may differ from the goods presented in the preview photo.
 2. This online shop shall use terms that represent the characteristics and properties of the product in question; these terms shall be understood as follows:
 a. MADE-TO-ORDER PRODUCT: a product, the execution of which, including the determination of its characteristics and features, has been taken into account according to the instructions of the Buyer.
 b. DELICATE PRODUCT: a product made of decorative materials, which requires special care in handling and storage due to its fragility and delicate workmanship. These products may be more susceptible to mechanical and chemical damage, so it is advisable to treat them properly in accordance with the manufacturer's instructions.
 c. SILVER PRODUCT: a product made of silver, the sample of which is specified in the product information. In order to preserve the appearance of the products, it is recommended to avoid contact with various chemical solutions, detergents. Protect the product from moisture.
 e. HANDCRAFTED PRODUCT/HANDMADE PRODUCT: these may be more delicate than ordinary manufactured goods. 

 §4 PLACING AN ORDER AND TERMS OF SALE
 1. The subject of the sale are new products, free from physical and legal defects.
 2. All prices shown on the website are inclusive of VAT, i.e. gross prices. The price is expressed in the currency of the Polish zloty (PLN).
 3. As a rule, the prices given on the website are prices exclusive of delivery costs, the amount of which depends on the shipping method selected by the Buyer.
 4. Any information contained on the website of the shop do not constitute an offer within the meaning of the Acts of Law and the generally applicable law. The entity submitting the offer is the customer at the time of placing the order, the offer corresponds in content to the conditions given in the product description including, but not limited to: the quantity or the price of the Goods, nevertheless the seller has the right to:

a. Limit the method of payment
 b. Request prepayment
 c. Not to accept the order, stating the reason, which reason will be communicated to the Buyer by sending it via electronic communication to the address indicated on the order form.

In the event that the quantity of Goods accepted by the Seller is less than the quantity of Goods ordered, the Seller shall inform the Customer of the above by sending it to the indicated e-mail address. The Customer then has the right to cancel the order. The Customer may exercise this right within 7 days of receiving the information from the Seller.

5. In order to place an order, the following are necessary:
 a. in order to be able to purchase the Goods available on the website, it is necessary to accept these Terms and Conditions and the privacy policy of the "Dwa Głosy" shop.
 b. In order to place an order, it is not necessary to create an account in the online shop.
 c. In order to place an Order, it is necessary to fill in the Order form, which requires the data specified in the Order form.
 d. Orders can be placed 24 hours a day, 365 days a year.
 Orders placed between 12 pm and 3 pm will be treated as placed on the day the form is sent. Orders placed at other times will be treated as placed on the next working day.

6. The Seller reserves the right to refuse an order. This possibility does not limit the obligation to provide the buyer with a reason for refusal. The possible reason, together with an explanation, will be presented to the Buyer immediately at the e-mail address indicated by the Buyer in the Order Form.

 

 §5 Promotions and sales.

 1. The Seller undertakes to unequivocally inform the Customer about the Unit Price and any promotions and reductions in the Unit Price of the Goods. This information will consist of placing the inscription "PROMOTION" or "SALE". In addition to the information about the promotion or sale, the Seller undertakes to indicate the Price of the Goods which was in force during the period of 30 days before the introduction of the price reduction in the form of promotion or sale. If the Goods have been offered for sale for less than 30 days, the Seller undertakes to indicate the lowest price starting from the moment the Goods were made available for purchase.
 2. As a rule, Products on promotion or sale are of limited quantity, so orders will be fulfilled in accordance with the order of order and until stocks are finished.

 

 §6 Conclusion of Sales Agreement

 1. In accordance with the provisions above, a necessary condition for the conclusion of a Sales Agreement is the prior acceptance of the rules and regulations and privacy policy, and then the submission of an Order by the Buyer through the online shop.
 2. The date of placing an Order shall be determined in accordance with §4 ust. 5 pkt. D of these Regulations.
 3. From the date of placing an order, the Seller shall immediately confirm receipt of the order placed.
 a. Confirmation of receipt of the order shall be sent in the form of electronic correspondence, after the Seller has checked the stock of the Goods.
 b. Confirmation of order receipt sent by electronic correspondence shall be binding for the Buyer with the content indicated in the aforementioned confirmation.
 4. The Contract of Sale is concluded upon confirmation in the form of an e-mail sent to the e-mail address indicated by the Client that the ordered Goods are available and will be delivered to the Client after the payment has been recorded by the Client.

 §7 PAYMENT METHODS

 1. The Seller allows payment through the following payment methods:
 a. PayPal
 b. Stripe
 c. Przelewy24
 d. Bank transfer
 2. In the case of the electronic payment method, the Seller shall proceed to process the order after the amount paid for the Goods has been credited.
 3. In the case of payment by bank transfer, the Buyer undertakes to make the transfer within 5 working days from the date of order. If the payment is not made within the specified time, the Seller reserves the right to cancel the Order.

 

 §8 Methods and method of shipment

 1. Goods sold by the Seller are shipped through a courier company. As a rule, the cost of delivery is covered by the Buyer, with the exception of promotional campaigns involving free delivery. 2.
 2. In the case of a promotional campaign referred to in §8.1, the cost of delivery is covered by the Seller, it is required to achieve the minimum order amount indicated in the promotional campaign.
 3. The Seller undertakes to dispatch the Goods purchased in the online shop within 1 to 4 working days, however, the maximum period is 5 working days from the date of conclusion of the Sales Agreement.
 a. The Seller reserves the right to extend the aforementioned time in case of extraordinary circumstances, of which it undertakes to inform the Buyer by e-mail.
 b. In the event of a shutdown or temporary limitation of the functioning of the website or the online shop, e.g. due to the Seller's holiday. In such an event, the Seller undertakes to issue an appropriate notice which will be sufficiently prominent before the web site or online shop is opened.
 4. In case of international shipments, the operator indicated by the Seller is DHL EXPRESS courier company.

 §9 COMPLAINTS

1. The Seller shall be obliged to deliver the Goods being the subject matter of the order without defects. 

The basis of the Seller's liability and the scope of his liability towards the Buyer is determined by the provisions of the Legal Acts, in particular

a.  If the Buyer was a Consumer, the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended), concerning liability for non-compliance of the Goods with the Contract of Sale, shall be applicable. 

b.  If the Buyer was an Entrepreneur, the liability rules will be determined by the provisions of the Civil Code of 23 April 1964.

3) The rights arising from the provisions of the Acts of Law, the Consumer may assert during a period of 2 years from the conclusion of the Sales Agreement, if the lack of conformity of the Goods with the Agreement, understood on the basis of the Acts of Law, existed at the time of delivery of the Goods to the Buyer. 

4. The Buyer may notify of the lack of conformity of the Goods with the Sales Agreement and his claim under the provisions of the Legal Acts and indicated below by means of the form available HERE, which then should be placed in the parcel containing the Goods subject to complaint. 

5.  Goods sold in the online shop by the Seller are products made of natural materials in a hand-made manner. The preview photos taken on the website are taken in a professional light. With this in mind, a discrepancy between the Goods and the Sales Agreement shall not be a discrepancy between the Goods and what was presented on the website. The difference may result in particular from: natural processes of the material from which the Goods are made, lighting. In addition, due to the nature and material used in the manufacture of the Goods, minor differences may occur in terms of e.g. colour or texture. Differences resulting from these circumstances do not constitute grounds for complaint, however, this does not limit the right to withdraw from the contract. 

6.  In the case of gold-plated or silver-plated Goods, which are only covered by the indicated precious material coating, the Seller declares in accordance with what is stated in §3 (2) of the Terms and Conditions, that in accordance with the nature and properties of such Goods, it is a natural and typical process for such Goods to wear out, i.e. to lose their coating. It is natural and typical, according to common knowledge, that this type of Goods is susceptible to any kind of discolouration, loss of colour, chipping of the coating or partial or complete abrasion. Any of the above-mentioned events occurring after the lapse of 1 year shall not constitute non-compliance of the Goods with the Sales Agreement on the basis of the Legal Acts, and thus the claims resulting from the Claim shall not be recognised. 

7. Claims to which the Consumer is entitled:

a.  In the first instance, replacement with defect-free Goods or repair.

b.  A declaration to reduce the Price or rescind the Sales Contract, in accordance with the Legal Acts in the following circumstances: 

i. when the non-conformity of the Goods with the contract is material 

ii. when the Seller has refused to bring the goods into conformity with the contract 

iii. when the non-conformity of the goods with the contract continues despite the fact that the Seller has already tried to bring the goods into conformity with the contract.

iv. when the Seller has failed to bring the Goods into conformity with the Contract of Sale.

8 The Seller undertakes to respond to the Buyer's claim within 14 working days from the date of delivery of the Goods to the Buyer.

a.  In the case of a Buyer who is a Consumer, failure to respond to the claim within 14 working days is the same as acceptance of the Consumer's claim. 

9. The response to the claim shall be issued in electronic form to the e-mail address from which the claim was sent or the e-mail address indicated in the claim form.

10. If the Buyer is a Consumer, the Seller undertakes to cover the costs of repair/replacement and shipping of the Goods to the address indicated by the Buyer. 

11. The Seller, in order to properly assess the Buyer's claim, shall collect the Goods through a courier company at its expense. 

12. In the case of non-acceptance of the complaint claim, i.e. a situation in which the Seller, after considering the state of the case, decides that the claim is unjustified, sends back the Goods being the subject of the Contract of Sale at the expense of the Buyer, including the Buyer who is a Consumer. As a result of rejecting the claim, the Buyer shall be obliged to reimburse the costs of delivering the Goods to the Seller. 

13. The Consumer has the following range of options for out-of-court settlement of complaints:

a.  Use of the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended) with a request to resolve a dispute arising from the concluded Sales Agreement.

b.  Applying in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.

c.  In order to resolve the dispute amicably, the Consumer may also, in accordance with the disposition of the Regulation of the European Parliament and of the Council No. 524/2013 of 21 May 2013, use the submission of a complaint via the online platform ODR (ONLINE DISPUTE RESOLUTION) available at ec.europa.eu/consumers/odr

14. In the absence of an agreement by means of an amicable settlement of the case, any court proceedings shall be decided by the competent court on the basis of the general jurisdiction arising from the Civil Procedure Code Act.

15. The Buyer undertakes to send back the Goods to the Address: 

§10 Withdrawal from the Sales Agreement

1. In the case of the Buyer who is a Consumer who has concluded a Sales Agreement, he has the right to withdraw from it within 14 days, without giving any reason. 

2. The aforementioned right, pursuant to Article 38 of the Consumer Rights Act, shall not be applicable to Prefabricated Products, i.e. when the Goods have been created based on the Buyer's specifications or the Goods serve to satisfy the Buyer's individualised needs.

3.  In order to withdraw from the contract, the Buyer shall submit a declaration of withdrawal, which is available HERE. The declaration must be filled in with the actual data and signed by hand. 

4.  In order to meet the 14-day withdrawal deadline, the declaration must be sent within this period. The date of dispatch by the carrier will be relevant. 

5.  The notice of withdrawal from the contract shall be placed in the package with the Goods constituting the subject of the Sales Contract. 

6. The Seller undertakes to return the sum constituting the price paid by the Buyer within 14 days from the date of delivery of the Goods.

7. The Seller will refund the sum of money using the same method of payment as was used for payment, or if otherwise agreed with the Buyer. 

8. However, the Consumer shall be liable for any diminution in the value of the purchased Goods which has occurred as a result of their use in a manner other than necessary to establish their nature, characteristics or properties. Therefore, the Seller reserves the right to claim compensation for real losses incurred in connection with bringing the Goods to the state from the moment of concluding the contract; this shall be understood as any kind of cleaning, repairs or repairs to the packaging, which were caused by a conduct inconsistent with the nature of the process of examining the properties of the Goods by the Consumer.

9. The Buyer undertakes to send back the Goods to the Address: 

§11 Gift Cards

1. The Gift Card is only available in virtual form and allows payment for the Order.

2. The Gift Card is not a means of payment within the meaning of the Acts of Legislation. 

3. The Gift Card is sent to the e-mail address indicated in the Order.

4. For the purchase of the Gift Card, the payment methods described in these Terms and Conditions may be used.

5. The Gift Card is a document issued to the bearer, so the Seller is not liable for unauthorised use, i.e. inconsistent with the intention of the Gift Card purchaser. 

6. The gift card is not exchangeable for cash or other means of payment. 

7. The Gift Card may not be cancelled.

8. If an order is made with the Gift Card, in the event of any withdrawal from the Sales Agreement, the equivalent of the price will be transferred to the Gift Card. 

9. The Gift Card may be used within a period of 3 years from the date of issue. 

10. the Purchaser has the right to make a complaint regarding the Gift Card, among other things, if there is a discrepancy between the Gift Card, e.g. its value and the contract. The Seller undertakes to resolve any problems immediately, no later than within 14 days. 

11. Gift card shall be used multiple times however, it may be used as long as Order value may not exceed amount available on the Gift Card.

Your Personal Data provided to the Merchant is processed in accordance with the Privacy Policy found HERE.

 

§13 Electronic Services

1. the Service Provider provides the following electronic services:

a.  Newsletter

b.  Buyer's Account

c.  Conclusion of Sales Agreements 

d.  Notification of availability of Goods

e.  Activation of Gift Cards 

f.     Running a Shopping Cart

g.  Notification of leaving the Basket - discontinuation of the purchase.

2. The provision of the aforementioned services is free of charge. 

3. The Seller reserves the right to place advertisements on the website of the online shop as part of it.

4. contracts for the provision of electronic services are concluded respectively for an indefinite period of time in the case of: Newsletter, Buyer's Account and for a fixed period in the case of: Running a Shopping Cart, Gift Card Activation, Conclusion of Sales Agreements and Notification of Goods Availability. 

5 The Customer undertakes the following:

a.  Comply with the good customs relating to the use of the services made available to him. 

b.  Not to post illegal content.

c.  To indicate, if required, data that are in accordance with the real state of affairs.

6. Newsletter:

a.  The use of the Newsletter service by the Customer is free of charge and voluntary.

b.  The data provided by the Customer to use this service will be used in accordance with the shop's privacy policy. 

c.  The contract for the provision of this service is concluded for an indefinite period of time.

d.  The newsletter is a service consisting of cyclical emails sent by the Seller containing content that constitutes advertising.

e.  The Customer may terminate the Newsletter Service Agreement at any time by clicking on the deactivation link contained in each email sent by the Service Provider. Another way would be to contact the Service Provider to express the withdrawal statement at the email address indicated in the contact details.

§14 Complaints relating to Electronic Services 

1. Complaints may relate to any of the electronic services provided by the Service Provider. 

2. Complaints shall be submitted to the e-mail address indicated in the contact details of the shop.

3. The Service Provider undertakes to consider the complaint within 14 days from the date of its submission.

4. The Service Recipient undertakes to describe the facts of the case as accurately as possible and to indicate the deficiencies of the service used by him; if factual ambiguities arise, the Service Provider may contact the Service Recipient in order to clarify them. 

§15 Terms and conditions and procedure for termination of contracts for Electronic Services

1.  Only contracts for electronic services concluded for an indefinite period of time, i.e. the Buyer's Account and Newsletter, may be terminated. 

2.  The procedure for termination of the Newsletter agreement is set out in §13.6(e). of these Terms and Conditions. 

3. The termination procedure for the Buyer's Account electronic service agreement shall consist of submitting an appropriate declaration of intent to the e-mail address indicated in the shop's contact details. 

4. The Service Provider may also terminate any contract for the provision of services concluded for an indefinite period of time with immediate effect in the event that the Service Recipient behaves in a manner contrary to the principles of good conduct or violates §13.5 of these Regulations.

5. The parties may terminate the contract by mutual agreement at any time.

 

§16 Intellectual Property

1, Amelia Majchrzak, conducting business under the name: "Amelia Majchrzak" with its registered office in Mierzyn 97-340, at the address: Mierzyn 13D. NIP identification number 7712918608, REGON 521613707.

2,Any use of the content without prior consent of the Seller constitutes a tort within the meaning of the Legal Acts and the Law of the Republic of Poland, which may result in civil and criminal liability.

 

§17 Final Provisions

1. The Sales Agreement shall be concluded in accordance with the laws of the Republic of Poland. 

2. In the event of any inconsistency of the content of these Terms and Conditions with the law, only a specific paragraph or section of the law shall be replaced, while retaining the other provisions. 

3. These Terms and Conditions shall come into force on: 7.03.2025