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SHOP POLICIES

Online Shop Terms & Conditions



§1 Preliminary provisions

These Terms & Conditions (T&C) are meant for Consumers and define the types of, and how to conclude and terminate distance contracts, as well as the procedure for complaints.


§2 Definitions

The definitions contained in the T&C should be understood as follows:

  1. Shop an online shop that is run by the Seller on the website: www.arpelc.com and offers art jewellery made by Arkadiusz Pelc.

  2. Seller – Arkadiusz Pelc carrying out business activity, with its registered office in Gdańsk ul. Góralska 19, app. 2, 80-292 Gdańsk entered in the Central Register and Information on Economic Activity (CEIDG), NIP 5841204229, Regon 192552621.

  3. Client each entity that uses the Shop's services and functionalities, especially the one that makes purchases in the Shop;

  4. Consumer a natural person concluding a contract through the Shop with the Seller who is an Entrepreneur, with the subject matter of the said contract not being directly related to that person’s business or professional activity;

  5. Entrepreneur a Client who carries out a business activity within the meaning of the Entrepreneurs’ Law dated 6 March 2018;

  6. Order a statement of will made by the Client through the Order Form, with the intention to directly conclude a Sales Contract for a Product or Products with the Seller;

  7. Product a product available in the Shop, being the subject matter of the Contract between the Client and the Seller. All products offered in the Shop are new and free of legal and physical defects;

  8. Basket – the element of the Shop's software, in which the Products selected by the Client for purchase are visible and details of the Order, especially the number of products, can be determined and modified;

  9. Payment Operator Pay Pal with its registered office under the address L-1150 in Luxembourg and Blue Media S.A. with its registered office in Sopot at ul. Powstańców Warszawy 6, registered with the District Court for Gdańsk-Północ in Gdańsk, VIII Economic Division of the Polish Court Register under number 0000320590, holding tax identification number (NIP): 585-13-51-185, entered in the register of payment service providers under number: IP17/2013.

  10. Contract – a distance contract concluded with the Client under an organised distance sales scheme (via the Shop) without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication before (and including the time when) the contract is concluded;

  11. Account the Client’s account in the Shop that can but must not be set up, where details given by the Client are stored along with the information about the Orders made by them in the Shop;

  12. Order Form an interactive form available in the Shop through which an Order can be placed, in particular as a result of Products being added to the electronic basket and the terms of the Distance Contract, including the method of delivery and payment, being specified;

  13. T&C the present Shop Terms & Conditions.





§3. Contact with the Shop

  1. The Client may contact the Seller specifically:

    1. via e-mail at: shop@arpelc.com;

    2. in writing at: ul. Góralska 19 lok 2, 80-292 Gdańsk ; and

    3. by phone at: +48 696 707 050 from 8:30 to: 4pm


§4. Technical issues

  1. The following is required to use the Shop, also to browse items offered in the Shop and place orders for Products:

    1. the terminal equipment with the Internet access and a web browser; and

    2. an active e-mail account.

  2. The Seller will not be held liable, to the fullest extent permitted by law, for any disruptions, including an interruption of the Shop operation, which result from force majeure, illicit activities of third parties or the Shop being incompatible with the Client’s technical infrastructure.

  3. The Seller’s Shop can become temporarily unavailable as necessary for the planned, ongoing operation and maintenance of the Shop server and software. Any planned maintenance break will be expressly notified to the Clients on the Shop's website.



§5. Rules for placing Orders

  1. To place an Order for the Products offered in the Shop, the Client should:

    1. select the Product or Products to be included in the Order, specify their parameters (colour of gold, size) and then click the “Add to cart” button;

    2. fill in the Order Form by entering the Order recipient's details and the address to which the Product is to be shipped, choose the type of shipment;

    3. provide invoice details if other than the Order recipient’s details;

    4. choose one of the available payment methods and click on the "Purchase” button,

    5. confirm the Order by making payment within the specified time limit, with the payment method chosen previously.

  2. All prices stated in the Shop are expressed in Euro and are VAT inclusive.

  3. The total amount to be paid by the Client consists of the price for the Product and the cost of delivery, of which the Client is informed on the Shop's website when placing the Order, and also when expressing the intention to enter into a Sales Contract.



§6. Delivery and payment methods offered

  1. The Client may use the following methods of delivery or collection of the ordered Product:

  1. mail;

        I.courier service;

        ii.collection in person;



  1. The Client can choose from the following payment methods:

  1. payment by bank transfer to the Seller's account, to the account at Deutsche Bank PBC S.A.
    24 1910 1048 2267 3832 1396 0001

  2. payment upon collection in person

  3. PayPal payment;

  4. electronic payments; or

  5. payment or debit card (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro)

  1. Detailed information on delivery methods and acceptable payment methods can be found on the Shop's website and in the order form.



§7 Conclusion of the Sales Contract

  1. In order to purchase the Product, the Client should take the following steps:

    1. fill in the order form by providing the required data and choosing the payment and delivery method;

    2. accept the T&C;

    3. click on the "Purchase” button.

  2. Having clicked on the "Purchase" button

    1. and chosen the bank transfer to the Seller's account as the payment method, the Client will be redirected to the page with confirmation of receipt of the order along with instructions to which account number the payment is to be made;

    2. and chosen the electronic payment as the payment method, the Client will be moved to the Payment Operator’s website to complete the payment of the price due for the Products chosen.

    3. In the case of card and electronic payments, upon successful payment, the Client will be moved to the website with the purchase confirmation. The purchase confirmation will also be sent to the Client's e-mail address given in the order form.

  3. Once the "Purchase" button has been clicked on, the Contract is deemed to have been concluded.

  4. The purchased Product is delivered in the manner and on the date indicated in the description of a given Product provided in the Shop.



§8. Complaints

  1. If a defect has been detected, the Client can make a complaint.

  2. The Client makes a complaint in writing, by sending it to the address given in § 3 of the T&C.

  3. The complaint should include a description of the defect found and the Consumer's request to bring the Product into conformity with the Contract. In the event of a material defect, the Consumer may request that the Contract be cancelled.

  4. If the Product needs to be delivered to the Seller for the complaint to be handled, the Client is obliged to deliver it (in the case of the Consumer at the Seller’s expense) to the address of the Shop indicated in §3.

  5. The time limit for the Seller to consider the complaint is 14 working days of the complaint being received by the Seller.

  6. If the Seller fails to respond to a duly submitted complaint within the time limit set above, the complaint is deemed to have been accepted by the Seller.

  7. When the complaint about a Product is accepted, the Seller will repair or replace the Product with a new one without any surcharge. Should this prove impossible, the Seller may offer the Consumer a reduction in the price of the Product or contract cancellation.



§9. Right to cancel the contract

  1. The Client who is a Consumer and has concluded a remote contract with the Seller may cancel the Sales Contract within 14 days without giving any reason.

  2. The right to cancel the remote contract will not apply to the Consumer with regard to the Contract, the subject matter of which is an unprocessed item, produced according to the Consumer's specification or serving to satisfy their individual needs.

  3. In order to cancel the contract, the Client should inform the Seller of their intention to cancel the contract by way of a declaration of intent in the form of a letter sent by e-mail or mail to the address given in §3 of the T&C.

  4. For this purpose, the Client may use a model contract cancellation form https://www.arpelc.com/page/cancellation-form

  5. The notice of contract cancellation must be sent before the deadline set for the contract to be cancelled.

  6. If the contract is cancelled, the Seller will return all payments received from the Client, no later than 14 days of the Seller having been informed of contract cancellation by the Client. The payment will be returned by the Seller with the same payment methods as those used by the Client in the original transaction, unless the Consumer has expressly agreed to another solution which will not involve any costs for them.



§10. Out-of-court settlement of consumer disputes

  1. The Seller agrees that any possible disputes arising in connection with the distance contracts concluded will be resolved by mediation. Details will be given by the parties in dispute.

  2. The Consumer can, for instance, make use of any of the following out-of-court complaint and redress mechanisms. The Consumer may:

    1. apply to a permanent consumer arbitration court to resolve a dispute arising from the Contract concluded with the Seller;

    2. apply to the inspector of Trading Standards Authority for the Voivodship to initiate mediation proceedings to amicably end the dispute between the Consumer and the Seller.

  3. The Consumer can also take advantage of free assistance in resolving a dispute between them and the Seller, using the free assistance of the district (municipal) consumer advocate or a social organisation whose statutory tasks include consumer protection (e.g. Consumer Federation, Polish Consumer Association).

  4. The Client can also use out-of-court complaint and redress mechanisms through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.

  5. Detailed information concerning the Consumer’s right to use out-of-court complaint and redress procedures and how to access these procedures is available in the offices and on the websites of district (municipal) consumer advocates, social organisations whose statutory tasks include consumer protection, Trading Standards Authorities for Voivodships and on the website of the Office of Competition and Consumer Protection.



§11. Personal data and Cookies

The rules of personal data processing and the use of cookies are described in the Privacy and Cookies Policy provided at https://www.arpelc.com/page/privacy-policy

§12. Final provisions

  1. Contracts concluded via the Shop are made in Polish.

  2. The Client is prohibited from supplying illegal content.

  3. The Seller reserves the right to change the T&C for important reasons, i.e. due to an amendment to legal regulations, a change in payment and supply methods to the extent that such changes affect the enforcement hereof. Changes take effect when published in the Shop.

  4. Contracts concluded before a change in the T&C are subject to the T&C applicable as at the contract date.

  5. Issues not regulated hereunder are governed by the provisions of the generally applicable Polish law, in particular the Civil Code, the Act on Provision of Electronic Services, the Act on Consumer Rights and the General Regulation on Data Protection and the Act on Personal Data Protection.

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