Terms of service
1. General provisions
1. The subject of this Terms of service is to regulate the terms of sale and operation of the Online Store. The Terms of service define the rules for making purchases in the Prekrasy online store, in particular the rules and procedure for concluding distance sales contracts through the Store, as well as the procedure for handling complaints and the procedure for withdrawing from the contract by the Consumer. In accordance with Article 384 of the Civil Code (PL), these Terms of service are part of the agreement concluded with the Seller.
2. The Terms of service are addressed to all Customers of the Store. All Customers are obliged to familiarize themselves with the provisions of the Terms of service before making a purchase.
3. Each Customer is obliged to comply with the provisions of the Terms of service. Placing an effective Order is possible after accepting the provisions of these Terms of service.
4. The Online Store conducts the sale of goods via the Internet, through the store system placed on the website www.prekrasy.com (and its mirrors www.prekrasy.pl, www.prekrasy.com.ua), hereinafter referred to as prekrasy.com.
5. The owner of the online store registered at prekrasy.com is the company Prekrasy Maryna Zaslavska, registered under the tax identification number (NIP): 9512581105, REGON: 526774941, hereinafter referred to as the Seller.
6. The Buyer can be any natural person, legal person, or organizational unit without legal personality, using their own email account and having legal capacity enabling them to perform legal actions in accordance with the law.
7. Consumer - a natural person purchasing products in the Online Store, within the meaning of Article 221 of the Civil Code.
8. The provisions of the Act of May 30, 2014, on consumer rights, do not apply to entities other than Consumers.
9. All information contained on the website of the Store prekrasy.com regarding products (including prices) do not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964 (Journal of Laws of 2020, item 1740, as amended), but an invitation to conclude a contract, in accordance with Article 71 of the Civil Code of April 23, 1964 (Journal of Laws of 2020, item 1740, as amended). By sending the Order Form, the Customer submits an offer to purchase the specified Goods at a price and on conditions specified in the description.
10. With regard to services provided electronically, this Terms of service constitute the regulations referred to in Article 9 of the Act on the provision of electronic services (PL) of July 18, 2002 (Journal of Laws of 2020, item 344, as amended).
11. The Seller presents digital photos of the offered products. In addition, every effort is made to ensure that the presented photos are of the highest quality and best reflect the actual condition and colour of the presented products.
12. Prices in the Seller's Online Store are given in Polish zlotys (PLN) and constitute the gross value (including all components and VAT).
13. The Seller reserves the right to change the prices of products listed in the product catalog, introduce new products to the Online Store, remove unavailable products, carry out and cancel promotional campaigns on the Seller's website, and make modifications to them.
14. The properties of goods are described for each product placed on the individual page of the online store. Customers are asked to note that jewellery products have specific properties, including that each of these products is unique and may differ minimally from other copies of the same product, and that they are of small size, and their images presented in the Prekrasy store are for informational purposes only. We also inform you that the appearance of the goods is influenced by the size and settings of the monitor parameters.
2. Definitions
Terms of service - this set of regulations organizing the rules for using the Store's Services by Customers.
Consumer - the following persons are considered Consumers:
- a natural person entering into a civil law agreement through the Store, not directly related to their economic or professional activity – the so-called "Consumers" and
- a natural person entering into a civil law agreement through the Store, directly related to their economic activity, when it results from the content of this agreement that it does not have a professional character for that person, arising in particular from the subject matter of the economic activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity – the so-called "Entrepreneurs with Consumer Rights".
For the purposes of this Terms of service, it is assumed that in the absence of a distinction between the two groups of entities indicated, the Terms of service apply to both Consumers and Entrepreneurs with Consumer Rights.
Client - a natural person (including a Consumer) who has reached the age of at least 13 (provided that they have obtained consent from their legal representative), a legal person, and an organizational unit not being a legal person, to whom special provisions grant legal capacity, who uses the Services provided by the Store.
Order Form - a service available on the Store's website, through which the Customer can make a purchase, in particular by adding Goods to the Cart and specifying certain conditions of the Sales Agreement, including the method of delivery and payment.
Cart - an element of the Store in which the Goods selected by the Customer are visible, and in which the Customer can determine and modify the Order details, including the quantity of Products purchased.
Store - an online service belonging to the Seller, available under the domain: www.prekrasy.com, through which the Customer can purchase Goods from the Seller.
Seller - the company Prekrasy Maryna Zaslavska, registered under the tax identification number (NIP): 9512581105, REGON: 526774941, which, in conducting its business activity, offers sales through its website.
Goods - movable property, the subject of trade between the Store and the Customer, the conditions of sale of which are specified in the Order Form.
Sales Agreement - a distance sales agreement concluded by the Customer through the Store, usually through Order Forms.
3. Order acceptance and Fulfillment
1. The condition for using the Store is to familiarize oneself with this Terms of service and its acceptance. By placing an order, the Customer accepts the content of the Terms of service.
2. Orders from Customers are accepted via the submitted Order Form, made through the website: prekrasy.com or via email to support@prekrasy.com, 7 days a week, 24 hours a day.
3. Orders for Goods are fulfilled by selecting the Goods the Customer is interested in, clicking the "Add to Cart" button next to the description of the Goods, and then, from the "Cart" section of the Store tab, filling out the Order Form, including choosing the delivery and payment method, and then clicking the purchase confirmation.
4. Entrepreneurs, recognized as so-called Consumers (see: definition of "Consumer" in this Terms of service), confirm at the time of placing orders for Goods that the purchase is not for professional purposes.
5. After placing an order, the Customer receives confirmation of the placed order to their email address, as provided in the Order Form.
6. The order fulfillment process by the Seller begins upon receipt of the offer acceptance confirmation by the Customer; with payment by traditional bank transfer orders commencing upon receipt of payment for the placed order in the Store's bank account.
7. Orders placed in the Store are processed during Store hours on business days, Monday to Friday, from 9:00 am to 5:00 pm. Orders placed on business days after 5:00 pm, on Saturdays, Sundays, or holidays, will be processed on the next business day.
8. The Customer will receive a message confirming the acceptance of the order for fulfillment, which is understood as the Seller's acceptance of the offer. With its receipt by the Customer, a Sales Agreement is concluded.
9. A receipt is issued for each order. Upon request, an invoice will also be sent to the Customer.
10. The available means of communication with the Store for the Customer are:
- Email - support@prekrasy.com
- Contact form - www.prekrasy.com/en/pages/kontakt
- WhatsApp - 48 733 182 060
- Telegram - Prekrasy
11. The price stated in the order constitutes the total amount that the Customer is obligated to pay (gross price). It includes the applicable tax. The cost of delivery is not included in the price, as it depends on the delivery method chosen by the Customer.
12. The Seller reserves the right to change the prices in the Store, introduce new Goods for sale, conduct or cancel promotional campaigns, or make changes to them, in accordance with the applicable law.
13. If the Consumer is obliged to pay an amount exceeding the agreed price described in the preceding paragraph, the Store will immediately inform the Consumer of this fact, explaining the reason for the price difference. The Consumer will be charged additional costs only after obtaining clear consent from the Consumer.
4. Payments
1. The following payment methods are available within the functioning of the Store:
- payment cards;
- Przelewy24;
- BLIK;
- Sofort;
- Giropay;
- iDEAL;
- POLi;
- Multibanco;
- MB WAY;
- Paysafecard;
- Skrill;
- PagoEfectivo;
- Boleto;
- Apple Pay;
- Google Pay;
- bank transfer (to the Seller's account – PL 10 1240 6263 1111 0011 3158 4041).
2. The Customer who has chosen the bank transfer payment option is obliged to make payment for the placed order within 5 working days from the date of placing the order. Otherwise, the Seller's offer is not binding, and the order is removed from the system. It is sufficient to provide only the order number in the payment title. There is a possibility of extending the payment deadline, with prior notification to the Store's customer service.
3. In the event of a need to refund funds for a transaction made by the Customer with a debit/credit card, the Seller will refund to the bank account linked to the customer's payment card.
5. Delivery - time and transport methods
1. Orders placed in the Store are processed on business days. Orders placed on Saturdays, Sundays, and holidays will be processed on the next business day.
2. Orders are usually processed within 48 hours; however, we always strive to ensure that the shipment reaches the Customer as soon as possible.
3. Shipments are sent until 3:00 PM every day.
4. In the case of the customer choosing payment by bank transfer or credit card, the order processing time is counted from the day the Seller's bank account or settlement account is credited.
5. Shipment fulfillment in the Store is carried out through:
- InPost;
- Orlen;
- Poczta Polska (Polish Post);
- DHL;
- UPS;
- Nova;
- Meest.
6. The Seller is not responsible for delays caused by the carrier.
7. Upon receipt of a shipment delivered by a courier, the Customer should carefully check the contents and completeness of the shipment, the condition of the outer packaging, and the condition of the ordered Goods in the presence of the courier. In the event of damage to the shipment, the Customer should prepare a damage report with the courier, in two identical copies signed by the Customer and the courier.
6. Returns and Exchange of Purchased Product, Right of Withdrawal
1. The Customer has the right to withdraw from the contract within 14 days from the day of receiving the product without giving any reason (Consumer Rights Act (PL) of May 30, 2014 (Journal of Laws of 2020, item 287, as amended)). To meet the withdrawal deadline, it is sufficient for the Customer to send a statement regarding the exercise of the right of withdrawal from the contract before the withdrawal period expires. From this moment, the Customer has another 14 days to return the Goods to the Seller.
2. When returning the goods, the Buyer should send the Seller a clear statement of withdrawal from the contract and send the goods in the original packaging along with the sales document. The statement should include the addressee, information regarding the withdrawal from the contract, order number, and order/receipt date, customer's name and surname, customer's address, customer's signature, and date.
3. Returns are accepted at the following parcel lockers (please contact us if you like to use the other methods):
- InPost: Paczkomat WAW93M, ul. Rzeczypospolitej 29E, Warsaw
- Orlen: Automat Paczkowy 873543, ul. Kubickiego 19, Warsaw
- Email: support@prekrasy.com
- Tel.: 48 733 182 060
4. The Customer should send the goods they want to return or exchange together with undamaged tags.
5. In the event of withdrawal from the contract, as indicated in point 1, both the Seller and the Customer are obliged to return everything they received from the other party under the contract, subject to point 7 of this Terms of service.
6. The Customer bears the direct costs of returning the product.
7. In the event of withdrawal from this contract, if the Customer chose a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the consumer, which means that if a different delivery method, other than Polish Post parcel, was chosen, the Seller will not refund the cost of the delivery paid for delivering the order to the Customer. The Seller refunds the payments due to the Customer immediately and in any case no later than 14 days from the day on which the Seller was informed of the Customer's decision to withdraw from this contract. The refund will be made using the same payment methods as those used by the Customer in the initial transaction, unless the Customer expressly agrees to another solution; in any case, the Customer will not incur any fees in connection with this refund.
8. With the Seller's consent, the Customer may exchange the product for another one within 14 days from the day of receiving the product. In such a case, the Buyer should contact the Seller via email: support@prekrasy.com. In this situation, the provisions of this Terms of service apply accordingly, especially those contained in point 2.
9. The right of withdrawal from a distance contract does not apply to entities other than Consumers, within the meaning adopted for the purposes of this Terms of service (see: definition of "Consumer").
7. Personal data protection
1. By placing orders, the Customer consents to the processing of the personal data provided by them for the purpose of order fulfillment and handling by the Seller, who is also the data controller, within the meaning of Article 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1–88.
2. The Seller is the data controller for the personal data provided by the Customer when using the Store.
3. Personal data stored in the Seller's database is not disclosed to entities that are not involved in the execution of the sales agreement.
4. In accordance with Article 15 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1–88, the Customer has the right to access their personal data, request its correction or deletion. The Seller ensures that each Customer has the right to control the processing of their personal data.
5. Providing personal data is voluntary, but failure to consent to the processing of personal data makes it impossible to fulfill the Customer's order.
6. Detailed information on personal data and privacy protection is included in the Privacy policy tab on the Store's website.
8. Complaints
1. The Seller is responsible for the warranty for physical and legal defects of the Goods, within the scope specified in Art. 556 and subsequent of the Civil Code Act of April 23, 1964 (Journal of Laws of 2020, item 1740, as amended).
2. Complaints are recognized only if the product has a hidden defect or does not have the characteristics specified by the manufacturer.
3. The right to complain about the goods applies for 12 months from the date of receipt of the order.
4. Complaints can be considered after the product is returned to the Store.
5. The Store is not liable for damages to the goods incurred during transport carried out at the Customer's request.
6. The Customer, exercising the rights arising from the warranty, shall deliver the defective Goods, at the Seller's expense, to the parcel lockers (please contact us if you like to use the other methods):
- InPost: Paczkomat WAW93M, ul. Rzeczypospolitej 29E, Warsaw
- Orlen: Automat Paczkowy 873543, ul. Kubickiego 19, Warsaw
- Email: support@prekrasy.com
- Tel.: 48 733 182 060
7. The Seller undertakes to respond to complaints within 30 days from the date of their receipt.
8. If the complaint is justified, the Seller undertakes to exchange the defective Goods for defect-free ones or to remove the defect within 30 days from the date of the complaint being submitted by the Customer.
9. In the event of effective withdrawal from the contract, the Seller undertakes to refund the payment within 14 days from the date of receiving the withdrawal from the contract, provided that the payment will not be refunded until the Goods are returned or the Customer provides proof of their return.
10. If the Consumer has demanded the exchange of the item or the removal of the defect or has submitted a statement of price reduction, specifying the amount by which the price is to be reduced, and the seller has not responded to this request within 30 days, it is considered that the request has been accepted.
11. Complaints rejected may be subject to an additional fee related to returning the goods to the Customer. Products rejected will be returned only upon the explicit request of the Customer. Otherwise, the product remains in the Store, and the amount equivalent to the actual value of the material used to produce the product will be refunded to the Customer's account.
12. In the case of the Consumer, public assurances by the manufacturer or the entity introducing the Goods into circulation in the scope of its economic activity or presenting itself as a manufacturer are treated equally with the assurances provided by the Seller. However, the Seller is not liable if he was not aware of these assurances or could not have known them, or if these assurances could not have influenced the Consumer's decision to conclude the sales contract, and also if the content of these assurances was corrected before the conclusion of the sales contract.
13. The Seller is liable under the warranty if a physical defect is found before the expiry of 2 years from the date of issuing the item to the Customer.
14. If the Goods have a defect, the Customer may submit a statement of price reduction or withdrawal from the contract, unless the Seller promptly replaces the defective Goods with defect-free ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or if the Seller has not fulfilled the obligation to exchange the Goods for defect-free ones or to remove the defect.
15. If the Goods have a defect, the Customer may also demand the exchange of the item for a defect-free one.
16. Instead of the remedy proposed by the Seller, the Consumer may demand the exchange of the Goods for a defect-free one, or instead of exchanging the Goods, may demand the removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller.
17. The Customer cannot withdraw from the contract if the defect is insignificant.
18. If the product is affected by mechanical damage of external origin, such as: cracks, fractures, stretches, bends, creases due to external force, as well as discoloration resulting from the use of substances that may affect the product coating, such as: cleaning agents, perfumes, acids, etc., or if the product is incomplete (lack of any of the elements, including stones lost due to improper use), the Customer cannot invoke the rights available to him under the warranty, the right to withdraw from the contract, or any other rights.
19. The warranty also does not cover:
- gold-plated coatings;
- any interference with the product defined as: changing the size of the ring, replacing the jewelry stone, engraving the surface, and any kind of jewelry service performed by third parties.
20. Complaints regarding the Goods can be submitted by e-mail to the e-mail address indicated in the order confirmation.
21. The complaint should include:
- the personal data of the person submitting the complaint (first name and last name, correspondence address, optionally - e-mail address and contact phone number);
- indication of the reason for the complaint and the content of the request;
- Order number, appearing in the order confirmation;
- an original or a copy of the purchase receipt (e.g., receipt or invoice) may facilitate the submission of a complaint but is not necessary to submit it.
9. Final provisions
1. The Terms of service specify the rules for concluding and executing the Sales Agreement for Goods available on the Store's website.
2. The Sales Agreement is concluded between the Customer and the Seller.
3. The Terms of service are available to all Customers in electronic version on the Store's website under the Terms of service.
4. In order to use the Store's Services, it is necessary to have devices allowing access to the Internet and a web browser that enables displaying websites, as well as providing an email address for sending information regarding order fulfillment.
5. It is prohibited for all persons, including Customers, to post unlawful content on the Store's website.
6. Matters not regulated by these Terms of service shall be governed by the relevant provisions of the universally applicable law.
7. The Terms of service do not exclude or limit any rights of the Customer who is a Consumer, which are granted to him under the absolutely binding provisions of law. In the event of a conflict between the provisions of the Terms of service and the absolutely binding provisions of law granting consumers rights, priority shall be given to those provisions.
8. In the event that any provision of these Terms of service is or becomes invalid or ineffective, the validity of the entire Terms of service in the remaining part shall not be affected. In such a case, the Parties shall replace the invalid or ineffective provision with another one that most faithfully reflects the intended economic purpose. This also applies accordingly to any gaps in the Terms of service.