Terms of service

TERMS OF SERVICE

This document is a brief summary of the Regulations which govern the relationship between Aurum Bloom sp. z o.o. with its seat in Kraków and its customers who make purchases in its online shop. 

  1. The Goods can be purchased via the Internet in the online shop at aurumbloom.com or ordered by e-mail or by phone.

  2. The data posted in the online shop constitute a binding offer to enter into a contract. Complete order data is provided in the order summary section. The Buyer shall verify and approve the order summary each time.

  3. The Goods are produced to order and the Company does not hold stocks.

  4. The Goods are delivered via an external courier company. Hence, the actual delivery time may be subject to change for reasons beyond the Seller’s control.

  5. Only non-cash payments shall be accepted.

  6. All Goods are new.

  7. If the size is incorrect, contact us. The Goods will be exchanged free of charge.

  8. Do you have any special requests? Do you have any other questions about the Goods? Do you disagree with any of the provisions of the Regulations? Please, contact us before placing an order.

     

REGULATIONS

This document, hereinafter referred to as the Regulations, sets out the rules for the purchase of goods sold by Aurum Bloom spółka z ograniczoną odpowiedzialnością, entered in the National Court Register kept by the District Court for Kraków-Śródmieście, under KRS [National Court Register] No. 0000811038, NIP [VAT No.] 6762574079, REGON [National Official Business Register No.]: 384884553, with its seat in Kraków, ul. Halicka 9, postal code 31-036, initial capital PLN 5,000 (five thousand PLN), paid in full, hereinafter referred to as the Company or the Seller, via the online shop hosted at www.aurumbloom.com.

 

Definitions:

  1. Parties – the Seller and the Buyer.

  2. Seller or Company – Aurum Bloom spółka z ograniczoną odpowiedzialnością, entered in the National Court Register kept by the District Court for Kraków-Śródmieście, under KRS [National Court Register] No. 0000811038, NIP [VAT No.] 6762574079, REGON [National Official Business Register No.]: 384884553, with its seat in Kraków, ul. Halicka 9, postal code 31-036, initial capital PLN 5,000 (five thousand PLN), paid in full.

  3. Buyer – an individual that uses the functionality of the Website or Shop, or entered into the Sales Contract; a natural person over 18 years of age or having full legal capacity; a legal person, an organisational unit without legal personality but able to acquire rights and incur obligations on its own behalf, using the Online Shop.

  4. Goods – jewellery products and other items (things as defined by the Polish Civil Code) offered by the Seller in the Online Shop.

  5. Consumer – a natural person making a legal transaction with a trader that is not directly connected with his/her economic or professional activity (as indicated in Art. 22.1 of the Polish Civil Code).

  6. Website – www.aurumbloom.com.

  7. Online Shop – an online service, run by the Shop Operator and available at the electronic address www.aurumbloom.com that the Buyer can use to obtain information about the Goods and their availability and to enter into the contract of sale of the Goods with the Seller.

  8. Cart – an electronic form made available by the Shop Operator in the Online Shop that can be used by the Buyer to select Goods and place an Order.

  9. Shop Operator – squarespace.com; an entity that manages and maintains the infrastructure of the Website and the Online Shop.

  10. Order – a declaration of will to purchase the Goods expressed by the Buyer in the Online Shop (by remotely filling in an electronic form in the Online Shop) in a manner that enables the Seller and the Shop Operator to identify the User, specifies the Goods to become the subject of the Sales Contract, the place of collection, provision or delivery of the Goods, and the form of payment for the Goods.

  11. Force Majeure – an external event beyond the control of the parties to the legal relationship, the occurrence of which could not have been reasonably foreseen by the party affected by it and prevented by that party and which prevents that party from exercising its rights or fulfilling its obligations, permanently or temporarily, in particular under a given legal relationship, including in particular floods, fires, torrential rains, storms, strikes, lockdowns, epidemics, pandemics, and similar events.

 

Preamble

  1. These Regulations define the principles of operation of the online shop and its use by the Buyer.

  2. The provisions of these Regulations shall also apply to all sales of the Goods by the Seller to third parties under the Seller’s registered business.

  3. The Regulations comprehensively govern the Seller’s activities conducted via www.aurumbloom.com and by way of distant sales. The provisions of these Regulations shall apply at all times except where the application of individual provisions has been expressly excluded. The provisions of these Regulations shall apply unless otherwise agreed by the Parties. Any amendment to or deviation from the provisions of these Regulations shall require the explicit consent of the Seller expressed in writing or via e-mail. In case of doubt, it shall be deemed that the Seller has not expressed his/her consent to amend or deviate from these provisions.

  4. Notwithstanding the above, the Seller shall make every effort to process orders in the most convenient way for the Buyer and the provisions of these Regulations can be amended accordingly. The Seller is open to any modifications convenient to the Buyer if they are unequivocally agreed.

§ 1 Subject matter and preliminary provisions

  1. The Seller owns a business dealing with the sale of jewellery products and other goods from its commercial offer.

  2. The Company is the owner of the Online Shop.

  3. All Goods offered for sale are brand new.

  4. All product information, technical data, and pictures are for reference only and may differ from the actual product.

  5. The Online Shop provides a remote display of the Products and the prices and invites the Buyers to enter into Sales Contracts for the Goods. For the avoidance of doubt, this provision shall not limit the liability of the Shop Operator or the Seller to the Buyer acting as the Consumer for incorrect labelling of technical specifications, brand, and model of the Goods.

  6. Prices in the Online Shop include only the price for the Goods, unless it is otherwise specified in the order. In particular, the Seller may be obliged to incur shipping costs as indicated at the order placement stage.

  7. The Goods sold are mostly items produced to the Buyer’s order and the production process starts after the order is placed and paid for. The time limit indicated in the order summary section may be subject to change depending on the availability of precious metals and stones, on public holidays, etc. The Seller shall make every effort for the Goods to be produced within the time limit indicated in the order.

  8. The actual date of delivery of the Goods depends on a number of factors, including those beyond the Seller’s control (e.g. operation of shipping companies, natural disasters, etc.) and may be subject to change.

§ 2 Technical requirements

  1. To use the Online Shop, including browsing the assortment and placing orders, a device with Internet access, an active e-mail account, and cookies enabled are required.

  2. Furthermore, the Buyer should use one of the leading web browsers on the market, preferably the latest versions and current updates. Using a different web browser may preclude the placement of the order or use of the Online Shop.

 

§ 3 Order placement and order processing

Order processing depends on the form of order placement by the Buyer (see below for details). 

I. Placing an order via the Online Shop

  1. To place an order, the Buyer shall use the features of the Online Shop available on the Website following the instructions displayed by the electronic system of the Online Shop. In particular, the Buyer shall choose the Goods and their quantity and enter the data necessary for the chosen form of payment, transport, tax, settlements, etc.

  2. After filling in the electronic forms on the Online Shop’s website, the Buyer will receive an automatically generated message with a summary of the order, including, but not limited to, the information on the Goods ordered and the price. The order summary does not bind the Parties to the contract - it is an element of the offer process.

  3. The data included in the order summary section are subject to further verification by the Buyer and require a separate confirmation by acceptance using the Online Shop’s features. After verification and approval of the order conditions (conditions of sale of the Goods), the Buyer shall receive separate information constituting order confirmation. Order confirmation shall specify final information, including the Goods ordered and the price as well as other information relevant to the contract.

  4. After accepting the order, the Buyer shall pay for the Goods using the agreed form of payment.

  5. The Parties are not bound by the contract until the Buyer accepts the order. The Buyer may withdraw from the transaction at any time without any consequences. In particular, the Buyer shall not be obliged to pay any amounts.

  6. Only non-cash payments shall be accepted.

  7. If the Buyer finds any errors in the order summary despite prior approval of its conditions, the Buyer shall contact us as soon as possible to verify the Order.

  8. Cash register receipts or VAT invoices are issued for all ordered goods. If the original purchase is documented with a cash register receipt, a VAT invoice may only be issued if the receipt includes the purchaser’s NIP (fiscal no)[VAT No.]. The VAT invoice following a cash register receipt shall be issued within the time limit specified by the applicable regulations. A Customer who wishes to retain the option to request a VAT invoice at a later date shall inform the Seller and provide the NIP (fiscal) numer before the issue of the receipt.

  9. By placing an order, the Buyer agrees to receive invoices electronically as referred to in Article 106n of the Value Added Tax Act of 11 March 2004 and to opt out of traditional (paper) invoices. The Buyer may withdraw such consent at any time by notifying the Seller by email or in writing.

  10. Corrective invoices shall be sent by email except in cases where the declaration referred to in the section above is submitted.

  11. Other stages of order processing including in particular order completion times, inspection of the Goods, the payment schedule, and conditions for accepting the order for processing shall be governed by the provisions specified below in these Regulations.

II. Placing an order outside the Online Shop

  1. The Buyer may place an order without the involvement of the Online Shop, e.g. by phone, e-mail, or in person.

  2. Each time after placing an order, the Buyer will receive a document entitled “Order Confirmation” at the e-mail address he/she provided.

  3. The provisions of sections 3-11 above (§ 3 section I items 3-11) shall apply accordingly.
     

§ 4 Use of the Online Shop

  1. The Online Shop enables the Buyer to place orders.

  2. An Order is placed by completing the relevant form. The Buyer shall follow the procedures and instructions displayed on the Website and complete the following steps:

    1. select the Goods by clicking the “Add to Cart” or “Buy” button;

    2. specify the terms of payment and delivery by selecting one of the available options;

    3. fill in the Order form by entering the required data;

    4. confirm that he/she has read and accepted the Regulations, which is the condition for placing an order (any arrangements amending the provisions of the Regulations at the request of the Buyer should be made prior to accepting the Regulations);

    5. confirm that the content of Order is correct and accurate;

    6. confirm the purchase by selecting the “Confirm the purchase” button.

  3. Osoby korzystające ze Sklepu internetowego:

    1. use the Online Shop for its intended purpose and act in accordance with the binding law and the principles of civil conduct;

    2. provide correct personal, tax, and address information when registering or placing an Order;
      not publish the content that is prohibited by applicable law, including the content that promotes violence or hatred, defames, or violates the personal rights of others and other third party rights;

    3. use the Online Shop in a manner that does not disrupt its operation, in particular use the appropriate software and equipment;

    4. refrain from transmitting or posting unsolicited commercial information (spam) in the Online Shop;

    5. use the Online Shop in a manner that is not disruptive to other users and the Seller;

    6. use any content of the Online Shop only for personal use.

§ 5 Inspection of the Goods

  1. All risks and burdens associated with the Goods as well as the risk of their accidental loss or damage shall pass to the Buyer upon their delivery to the Buyer. If the Buyer chooses delivery via a carrier that is beyond the control of the Seller, the Goods shall be deemed delivered when they are handed over to the carrier.

  2. Each package shall be inspected in the presence of the carrier and the Goods shall be checked, in particular for mechanical damage. The inspection can result in a much more efficient handling of a complaint procedure, if any.

§ 6 Order processing, delivery, time limits, costs

  1. The processing time, defined as the time needed to prepare the Goods for shipment, shall be specified in the Order Confirmation each time. The Seller shall make every effort to produce the Goods within the agreed time limit. However, as the Goods are produced to order, delays may occur for reasons beyond the Seller’s control.

  2. If the Seller becomes aware of a delay in the delivery of the Goods, the Buyer shall be immediately informed thereof.

  3. Delivery and/or order processing times and other sales terms and conditions may be changed, also after the Buyer has placed an order and accepted it, in particular due to Force Majeure, other circumstances beyond the Seller’s control, changes in the market situation, or legal regulations.

  4. In the event that the order (also an order accepted for processing) cannot be processed, the Buyer shall be immediately informed of the circumstances preventing this. If the order cannot be processed, the Buyer, within 7 days of receipt of the relevant information, may either modify the order and have the amounts paid credited to the new order, or withdraw the order and have the amounts paid refunded.

§ 7 Warranty and complaints

  1. The warranty for the Goods shall be granted by the Seller under separately agreed conditions and only upon the Seller’s explicit statement of warranty.

  2. Warranty terms and conditions are defined separately for each item of the Goods. Warranty information for the Goods shall be attached to the Goods. It is also possible to refer to the Website to find warranty information.

  3. Any complaints shall be sent to the Company’s address or by email to Info@aurumbloom.com

  4. Complaints shall be considered within 14 days of their receipt. The complainant shall be informed about the manner of processing the complaint in the form in which the complaint was submitted.

§ 8 General provisions regarding the Seller’s liability, warranty for defects, repair, and replacement

  1. The Seller’s liability under warranty is defined in applicable laws, in particular the Polish Civil Code and the Consumer Rights Act. The provisions of these Regulations shall apply on a supplementary basis.

  2. The Seller’s liability to traders under the warranty for defects is excluded.

  3. The Seller’s liability under warranty to buyers acting as consumers (as defined in Article 22.1 of the Polish Civil Code) and buyers subject to the consumer trade provisions, in whole or in part, shall be governed by applicable laws.

  4. Service and repair shall be carried out within the limits of the applicable law and to the extent not exceeding the normal obligations of the Seller resulting from such type of service.

  5. All costs exceeding the normal, basic, and required scope of the service and repair obligation shall be borne by the Buyer. In case of exceedance, the Seller may charge a fee in accordance with its price list upon prior information to the Buyer on the amount due.

  6. As a general rule, the Seller’s liability towards the Buyer and third parties shall be excluded to the fullest extent permitted by applicable law subject to applicable statutory provisions and consumer trade regulations.

  7. The Goods can be exchanged within 14 days from the date of delivery, in particular for the same product in a different size. In this case, the shipping costs shall be borne by the Seller. To exchange the Goods, please contact us at info@aurumbloom.com.

§ 9 Provisions applicable to consumers and special cases regarding natural persons engaged in commercial activities; information on the right of withdrawal from a remote contract

  1. With regard to buyers acting as consumers (or subject to consumer regulations, in whole or in part), the provisions of these Regulations shall apply only to the extent to which they are not contrary to applicable laws. In particular, the provisions of the Polish Civil Code, the Consumer Rights Act, and other applicable legal acts shall apply.

  2. A consumer (and a natural person entering into a contract directly related to their business, if the contract indicates that it is not of a business nature for them) who has entered into a remote contract or a contract signed outside of the seat of their business may withdraw from the contract within 14 days without giving any reason and without bearing any costs, except for the following costs:

      1. i. if the individual specified above has chosen a method of delivery other than the least expensive standard form of delivery offered by the trader, the Company shall not be obliged to reimburse the Buyer for any extra costs incurred by the Buyer;

      2. ii. the individual specified above shall only bear the direct costs of returning the item unless the Company has agreed to bear such costs or has failed to inform the Buyer of the need to bear such costs.

    1. The period for withdrawal from the contract shall start:

      1. i. for a contract under which the trader delivers the goods and is obliged to transfer the ownership: from the taking possession of the goods by the individual specified above or a designated third party, other than the carrier; for a contract under which multiple items are delivered separately, in lots, or in parts: from the taking possession of the last item, lot or part; for a contract under which items are delivered on a regular basis for a fixed period: from the taking possession of the first of the items; for other contracts: from the day of entering into the contract.

  3. Returned Goods cannot bear traces of use and be damaged or incomplete. All tags and labels shall remain intact. The Goods shall be returned in their original packaging. In the event that the Goods are returned via a carrier, the Goods shall be carefully secured for the duration of transport.

 

§ 10 Out-of-court settlement of disputes

  1. The Seller hereby informs that the Buyer acting as a consumer may request out-of-court settlement of disputes using, among others, the following sites:

    1. the European electronic platform at https://ec.europa.eu/consumers/odr (specifying the necessary information on the procedure);

    2. the site of the Permanent Consumer Arbitration Court in Kraków at the Małopolska Provincial Inspector of Trade Inspection in Kraków at http://krakow.wiih.gov.pl/.

  2. Amicable settlement of a dispute with the use of out-of-court dispute resolution methods shall require consent of both parties to the dispute, i.e. the Buyer and the Seller. The proceedings shall be voluntary. The Seller’s consent to the method of the out-of-court dispute resolution shall be submitted by the Seller on a permanent data carrier in case a complaint of the Buyer acting as a consumer is rejected.

 

§ 11 Final provisions

  1. These Regulations shall apply to all transactions except where the Parties have explicitly made separate arrangements in writing or by e-mail.

  2. The current wording of the Regulations is available on the Website. At the Buyer’s request, it may be sent in electronic form to the e-mail address indicated by the Buyer or in hard copy form to the address indicated by the Buyer. The Company reserves the right to charge the Buyer for postage.

  3. Any changes to the Regulations shall be made by update of the version of the Regulations available on the Website.

  4. The Seller shall have the right to unilaterally change the provisions of the Regulations in cases provided by law, in particular the occurrence of Force Majeure and changes in laws affecting the provisions of the Regulations.

  5. The Parties shall attempt to resolve any potential disputes amicably. This provision does not constitute an arbitration clause. The filing of an action does not have to be preceded by negotiations, mediation, etc.

  6. Any disputes arising from the relationship between the Parties shall be settled by the court of competent jurisdiction for the seat of the Company except where other jurisdiction arises from applicable laws (in particular where the Buyer acts as a consumer).

  7. Whenever it is not contrary to applicable legal norms, any disputes between the Seller and the Buyer shall be governed by Polish law and settled by the court of competent jurisdiction for the seat of the Seller.

  8. None of the provisions of these Regulations may violate imperative and semi-imperative legal norms. In the event that any provisions of these Regulations are inconsistent with imperative and semi-imperative legal norms, such norms shall prevail, in particular with regard to the protection of consumer rights.

  9. The Appendices to these Regulations shall constitute an integral part hereof.

  10. Information regarding the processing of personal data of natural persons (including business owners) is provided in separate documents available at www.aurumbloom.com.