JALKE GEMS ONLINE STORE TERMS AND CONDITIONS
These Terms and Conditions set out the rules for using the Online Store operated by the Seller, including the rules for concluding sales contracts, making payments, delivery of Products, exercising the right of withdrawal, and handling complaints.
§1. Definitions
“Terms and Conditions” – these Terms and Conditions of the Store.
“Seller” – Katarzyna Tychoniewicz-Jaśniak, conducting business under her own name, place of business: Adamów 24/2, 05-825 Adamów, Poland, NIP: 7262647002, REGON: 101287650.
“Customer” – a natural person aged 16 or over, a legal person, or an organisational unit without legal personality making purchases through the Store.
“Consumer” – a Customer who is a natural person acting for purposes outside their trade, business, craft or profession.
“Store” – the JALKE GEMS online store operated by the Seller at www.jalkegems.com.
“Product” – a product offered for sale in the Store.
“Sales Contract” – a sales contract concluded between the Seller and the Customer through the Store.
§2. General Provisions
These Terms and Conditions have been prepared in accordance with Polish law and European Union law, including the Consumer Rights Act of 30 May 2014, the Act on Providing Services by Electronic Means of 18 July 2002, the Polish Civil Code and Regulation (EU) 2016/679 (GDPR).
The Seller owns and operates the Store and sells Products via the Internet.
Use of the Store requires a device with Internet access and an up-to-date web browser.
Customers may place orders without creating a user account.
Information about Products displayed in the Store constitutes an invitation to enter into a contract within the meaning of Article 71 of the Polish Civil Code.
§3. Placing Orders
The Store operates 24 hours a day, 7 days a week.
To place an order, the Customer selects a Product, adds it to the shopping cart and completes the order form.
The Customer provides:
• first name and surname;
• delivery address;
• e-mail address;
• telephone number.
Providing the above data is voluntary but necessary for order fulfilment.
Before placing an order, the Customer confirms that they have read and accepted these Terms and Conditions by ticking the appropriate checkbox.
After adding Products to the cart, completing the order form, accepting these Terms and Conditions, and selecting a payment and delivery method, the Customer places the order by clicking the “ORDER WITH OBLIGATION TO PAY” button.
Delivery costs are displayed before the order is submitted.
§4. Prices and Payments
The following payment methods may be available:
• BLIK;
• Pay-by-link transfer (Przelewy24);
• Traditional bank transfer;
• Apple Pay.
By making a payment, the Customer agrees to the payment provider’s terms and conditions.
After receiving payment confirmation, the Seller sends an e-mail confirming receipt of the order. The Sales Contract is concluded when the Seller confirms acceptance of the order.
If fulfilment of the order is impossible, the Seller will inform the Customer and offer an alternative solution or a refund.
All prices displayed in the Store are expressed in Polish zloty (PLN) and include all taxes required by law, including VAT where applicable.
Failure to make payment within the specified period may result in cancellation of the order.
§5. Delivery
Available delivery methods:
• InPost Parcel Locker;
• Courier delivery via Furgonetka;
• Personal collection.
Delivery costs are borne by the Customer unless the Store offers free delivery above a specified order value.
Products are delivered to the address provided by the Customer.
Estimated delivery times are indicated on the Product page or during checkout.
The Seller is not responsible for delays caused by carriers or incorrect address details provided by the Customer.
The Customer should inspect the parcel upon delivery and report any visible damage.
§6. Right of Withdrawal
Consumers have the right to withdraw from a distance Sales Contract within 14 days without giving any reason.
To exercise this right, the Consumer must send a clear statement by e-mail to: contact@jalkegems.com.
The Seller will reimburse all payments received, including the cost of the least expensive standard delivery method offered, within 14 days of receiving the withdrawal notice.
The Consumer must return the Product no later than 14 days from the date of withdrawal.
The refund will be made using the same payment method unless the Consumer expressly agrees otherwise.
The Consumer bears the direct cost of returning the Product unless the Seller states otherwise.
The Consumer is liable for any diminished value of the Product resulting from handling beyond what is necessary to establish its nature, characteristics and functioning.
The right of withdrawal does not apply in cases specified in Article 38 of the Polish Consumer Rights Act.
§7. Complaints, Returns and Seller Liability
The Seller is obliged to provide Products that conform to the Sales Contract.
In the event of non-conformity of the Product with the Sales Contract, the Consumer is entitled to the remedies provided by applicable law.
The Consumer may request repair or replacement of the Product.
The Seller may choose replacement instead of repair, or repair instead of replacement, where the option chosen by the Consumer is impossible or would involve disproportionate costs.
Minor differences in the colour, shade or appearance of natural stones and materials compared with photographs presented in the Store do not constitute a defect.
The Seller shall carry out repairs or replacements within a reasonable time and without significant inconvenience to the Consumer.
Where the Product is not in conformity with the Sales Contract, the Consumer may request a price reduction or withdraw from the contract in cases provided by law.
Complaints may be submitted:
• by post: Katarzyna Tychoniewicz-Jaśniak, Adamów 24/2, 05-825 Adamów, Poland;
• by e-mail: contact@jalkegems.com.
The complaint should include information enabling identification of the Customer, a description of the issue and the requested remedy.
The Seller will respond to the complaint within 14 days.
The Customer will be informed about available out-of-court dispute resolution methods (ADR) where applicable.
§8. Personal Data
The Seller is the controller of Customers’ personal data.
Personal data is processed for the purposes of order fulfilment, payment processing, delivery, complaint handling and compliance with legal obligations.
Detailed information regarding personal data processing is available in the separate Privacy Policy.
Customers may voluntarily consent to receiving the Seller’s newsletter when placing an order. Consent may be withdrawn at any time.
§9. Final Provisions
Customers cannot publish reviews or comments within the Store.
These Terms and Conditions are available on the Store’s website.
The Seller reserves the right to amend these Terms and Conditions for legal or organisational reasons. Amendments will be published on www.jalkegems.com and, where required, communicated to Customers at least 14 days in advance.
Sales conducted through the Store are governed by Polish law.
Sales Contracts concluded before amendments enter into force remain subject to the version of the Terms and Conditions applicable on the date of contract conclusion.
Consumers may bring claims before the court having jurisdiction over their place of residence, where provided by law.
Matters not regulated herein shall be governed by the relevant provisions of Polish law, including the Civil Code, Consumer Rights Act, Act on Providing Services by Electronic Means and GDPR.
These Terms and Conditions enter into force on the date of publication.