General
- These regulations (hereinafter: “Regulations“), define the terms and conditions of use of the online store www.bettynjosh.com operating at the Internet address www.bettynjosh.com (hereinafter: “Store“).
- The Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (hereinafter: “Act on the provision of electronic services“).
The online store is owned by Julien Chaine, which operates under the name B&J Julien Chaine (ul. Wilcza 54A/11, 00-679 Warsaw), entered into the Central Register and Information on Economic Activity, having NIP: 5272673365, REGON number: 362371581 (hereinafter: “Seller“).
Contact with the Seller is possible by:
e-mail – at the address: jewelry@bettynjosh.com;
traditional mail – at the address: Betty And Josh, Wilcza 54A/11 00-679 Warsaw;
phone – at: +48 600 330 690.
As part of its activity, the Seller sells Products that can be purchased by Buyers using the Store, and provides services indicated in the Regulations by electronic means.
Information about the Products available in the Store, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a sales contract within the meaning of Article 71 of the Act of 23 April 1964. Civil Code (hereinafter: “Civil Code“).
Before using the Store, the Customer is obliged to read the Regulations and the Privacy Policy.
Capitalized words used in the Regulations have the following meanings:
Working Day – a day that is not a non-working day within the meaning of the provisions of the Act of 18 January 1951 on non-working days;
Customer – User or Buyer;
Civil Code – a term defined in § 1 section 6 of the Regulations.
Consumer – a natural person performing a legal transaction with the Seller not directly related to its business or professional activity.
Account – a panel created in the Store’s IT system, enabling the User to use its functionalities, in particular the purchase of Products.
Buyer – a person who is a Consumer, Entrepreneur or Entrepreneur with the rights of a Consumer, who has concluded a Sales Agreement with the Seller or has taken actions aimed at its conclusion.
Privacy Policy – a document containing information on the processing of personal data by the Seller.
Product – goods available in the Store, which can be purchased by the Buyer.
Entrepreneur – a natural person, a legal person or an organizational unit without legal personality, whose special provisions grant legal capacity, conducting business or professional activity on its own behalf.
Entrepreneur with the rights of a Consumer – a natural person conducting business or professional activity on their own behalf, who has concluded an Agreement with the Seller directly related to its business activity, but not existing for this person a professional character, resulting in particular from the subject of its business activity.
Regulations – the term defined in § 1 section 1 of the Regulations.
Seller – the term defined in § 1 section 3 of the Regulations.
Agreement – Sales Agreement or Account Service Agreement.
Agreement for the provision of Account Service – an agreement for the provision of electronic services within the meaning of the Act on the provision of electronic services, the subject of which is the free creation and maintenance of an Account by the Seller for the benefit of the User for an indefinite period.
Sales contract – a sales contract within the meaning of the provisions of the Civil Code, the subject of which is the sale to the Buyer of the Product selected by him available in the Store.
Act on Consumer Rights – Act of 23 April 1964 Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended); Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827); Act on the Protection of Personal Data of 29 August 1997 (consolidated text: Journal of Laws of 2002, No. 101, item 926, as amended).
Act on the provision of electronic services – the term defined in § 1 section 2 of the Regulations.
User – a person who is a Consumer, Entrepreneur or Entrepreneur with the rights of a Consumer, who has concluded an Agreement with the Seller for the provision of the Account Service or has taken actions aimed at its conclusion.
Order – a statement of the Buyer addressed to the Seller, which specifies the number and type of Products that the Buyer wants to purchase.
Technical requirements
For the Customers to properly use the Store, it is necessary jointly:
Internet connection.
having devices that allow you to use the resources of the Internet.
using a web browser that allows the display of hypertext documents on the screen of the device, linked on the Internet by a web service and supporting the JavaScript programming language, and accepting cookies.
having an active e-mail account.
As part of the Store, it is forbidden for Customers to use viruses, bots, worms or other computer codes, files, or programs (in particular automating the processes of scripts and applications or other codes, files or tools).
The Seller informs that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational, and technical measures, in particular to prevent access to data by third parties, including SSL encryption, the use of access passwords and anti-virus programs or against unwanted software.
The Seller informs that despite the application of the safeguards referred to in paragraph 3 above, the use of the Internet and services provided electronically may be at risk of getting into the ICT system and the Customer’s device, malware or gaining access to data on this device by third parties. To minimize the aforementioned threat, the Seller recommends the use of anti-virus programs or measures to protect identification on the Internet.
Rules of using the Store
The Customer is obliged to use the Store in a manner consistent with the provisions of generally applicable law, the provisions of the Regulations, as well as with good customs.
The provision of illegal content by the Customer is prohibited.
To make purchases of Products by the Customer in the Store, you can create a user account by completing the registration form. With registration, the Customer receives a name (login) to the Store and chooses a password.
The customer can also place an order without registering a user account.
Both registration in the Store and placing an order without registration is tantamount to acceptance of the Regulations.
To create an Account, the User should perform the following actions:
go to the Store’s website.
click on the “account” tab and then: “I do not have an account”
in the form displayed, enter the following mandatory data:
name
surname
e-mail address,
created password to the Account,
it is obligatory to tick the checkbox about agreeing to the Privacy Policy and accepting their provisions and reading the Regulations.
click on the “create account” option.
- The User gains access to the Account after clicking on the activation link sent to the e-mail address provided.
Clicking on the “create an account” option is tantamount to the User’s conclusion of the Account Service Agreement.
After creating an Account, the User may supplement the mandatory data stored on it with the following optional data:
shipping data,
telephone number,
invoice data,
By means of the Account, the User may, in particular, store their data and view the Orders placed.
The User may at any time and without giving a reason terminate the Agreement for the provision of the Account Service with immediate effect by deleting the Account. To do this, he should log in to the Account and then click on the “delete account” option.
If the User uses the Account in a manner contrary to the provisions of generally applicable law, the provisions of the Regulations or good customs, as well as the User provides illegal content, the Seller may block the Account, which is tantamount to terminating the Agreement for the provision of the Account Service with a notice period of 14 days. After the expiry of the notice period indicated in the preceding sentence, the Account is permanently deleted.
Blocking or deleting the Account does not affect the performance of Sales Agreements concluded by the User before blocking or deleting the Account.
Product Information
All Products offered in the Store are new, made based on designs by Sara Niedzwiecka-Chaine and are subject to copyright protection.
The products are made by hand, by combining new, sometimes unusual jewelry raw materials with traditional jewelry craftsmanship, using non-standard technologies and forms.
Products are made in unique designs, as well as in limited and unlimited series.
In addition to ores, brass, crystals, and stones, including precious stones, the Products are used in the production of Products, delicate and brittle materials such as paper, silk, fabrics, glass.
Due to the manual way of making the Products and due to the use of non-standard materials for their production, the Seller reserves the right to have slight differences in the Products made as part of the limited series of a specific design.
In the case of certain Products clearly made using recycled elements, materials purchased at flea markets, which are part of old, unusable things (e.g., watch movements, chandeliers, etc.), the use of these elements and materials, bearing traces of time and use, does not indicate the existence of physical defects in the Products.
It is allowed to have differences between a copy of the same design of the Product, the photo of which was posted in the Store, and another copy of this pattern of the Product ordered by the Customer, while the difference in the detail of the Products of the same series results from the specificity of making these Products.
The Seller reserves the right to change the colors of the Products, resulting from the difference in colors shown in the photo of the Product and the original of the photographed Product.
Photos and other forms of visualization and presentation of Products posted on the Store’s websites do not reflect the actual size of the Products, but only have an informative character about the Products.
The Seller informs that the Products – due to their handicraft nature, delicacy and fragility of the raw materials used – should be used only in accordance with their intended purpose and stored in a manner corresponding to their properties. Products must not be put on during household chores, so as not to expose them to mechanical or chemical damage, they should not be washed, cleaned with chemicals, should not come into contact with alcohol, caustic agents, solvents, dyes, dyeing materials (things) (e.g. jeans). Due to the non-standard raw materials used in some products, the Seller prohibits contact of the Products with water (e.g. no bathing).
Any complaints reported by the Customer, resulting from ignorance of the specificity of the Products referred to above, as well as from non-compliance with the rules of conduct with the Products described in the Regulations, will not be considered by the Seller.
Purchasing Products
The prices of products available in the Store are expressed in Polish zlotys (PLN) or in euros (EUR) and constitute the gross value (they include all mandatory price components, including vat due).
The Buyer may purchase Products both after creating an Account and without creating it. In the case of creating an Account, the Buyer should log in to it before starting shopping.
To purchase the Product, the Buyer should perform the following actions:
go to the Store’s website,
go to the tab of the selected product and click on the “to cart” option,
go to the “basket” tab and click on the “order” option,
in the form that appears, type or select the following data:
country
Zip code
delivery method
payment method
name
surname
telephone number
delivery address (street, house number, apartment number, city, postal code, ),
method of delivery,
method of payment,
If the Buyer is an Entrepreneur or Entrepreneur with the rights of a Consumer and wants to obtain a VAT invoice, he must click on the “I want to receive a VAT invoice” option and then fill in the form with the following data:
company name
NIP/VAT number
street, house/apartment number, city, postal code country
It is obligatory to mark the checkbox next to the statement of reading the Regulations and the Privacy Policy and accepting their provisions;
optionally – tick the checkbox next to the statement of consent to the processing of personal data and receiving commercial information from the Seller for information about news, promotions and events, sent by e-mail;
click on the “order” or “order and pay” option, and then pay for the Product in accordance with the selected payment method.
if the Buyer is an Entrepreneur or an Entrepreneur with the rights of a Consumer – the Buyer, after placing the order, will receive an e-mail with a question about the nature of the sales contract concluded (professional or non-professional);
- The Buyer may choose one of the available methods of delivery of the Product as listed for example:
- DHL courier delivery – collection at a selected point.
- delivery to the selected InPost parcel locker;
- courier shipment;
- courier delivery,.
- personal collection.
The seller can change through time the delivery methods on the website.
- Payment for the Product, the Buyer may make as listed:
a) by bank transfer using the PayU payment system
b) by bank transfer using the Przelewy24 payment system
c) by bank transfer using the PayPal payment system
d) by bank transfer to the Seller’s bank account;
e) cash upon receipt of the Product delivered by courier;
f) cash or payment card upon personal collection of the Product;
The available payment method could be changed by the Seller through time depending on legal and technical availability as well as regarding sales conditions of the provider.
- Clicking on the “order and pay” option by the Buyer is tantamount to submitting an offer to purchase the Products covered by the Order.
After placing the Order, the Buyer receives a confirmation of its submission to the e-mail address provided by him.
If it is not possible to execute the Order, the Seller notifies the Buyer about it by means of a message sent to the e-mail address provided by him. In the case referred to in the preceding sentence, there is no Conclusion of the Sales Agreement between the Seller and the Buyer. If the Order referred to in this paragraph 8 has been previously paid for by the Buyer, the Seller shall return to him all payments made by him.
In the case of submitting the Order for execution, the Seller notifies the Buyer about it by means of a message sent to the e-mail address provided by him. When the Buyer receives the message referred to in the preceding sentence, the Sales Agreement is concluded between the Seller and the Buyer.
If the placed Order, in relation to which the Buyer has chosen the option of payment for the Product before its delivery, is not paid within 3 working days from the date of its submission, the Seller has the right to withdraw from the Sales Agreement and cancel the Order within 7 working days from the date of ineffective expiry of the deadline for paying for the Order. The Buyer is notified about the Seller’s withdrawal from the Sales Agreement and cancellation of the Order by means of a message sent to the e-mail address provided by him.
The Seller sells Products in the Store using the Internet. The information posted in the Store regarding the Products does not constitute an offer within the meaning of the Civil Code, but only should be treated as an invitation to conclude a sales contract. In order to purchase the Product, the Customer submits an offer to purchase it by completing the order form. The Product sales agreement is considered to have been concluded on the day the Seller sends an e-mail to the Customer’s Internet address, confirming the fact of sending the ordered Product.
Order Processing
If the Buyer has chosen the option of personal collection of the ordered Product, he may collect it at the following address: Wilcza 54A premises 11- 00-679 Warsaw within 10 working days from the date of receipt of a message from the Seller confirming the preparation of the Product for collection.
If the Buyer does not collect the Product within the period indicated in paragraph 1 above, the Seller has the right to withdraw from the Sales Agreement within 5 working days from the date of ineffective expiry of the deadline for collecting the Product. The Buyer is notified of the Seller’s withdrawal from the Sales Agreement by means of a message sent to the e-mail address provided by him. If, before the Seller withdraws from the Sales Agreement, the Buyer has paid for the Product, the Seller shall return to him all payments made by him immediately after the Seller withdraws from the Sales Agreement.
The Seller carries out the shipment of Products to addresses located on the territory of the Republic of Poland / European Union / Outside the territory of the European Union.
In the case of shipment to countries not belonging to the European Union, the Buyer bears the costs of customs duties. The Buyer can find detailed information on the amount of fees due on the website of the Integrated Tariff of the European Communities (TARIC), which contains the current rates of fees due: (http://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=pl&redirectionDate=20110310).
Shipping costs of the Product are determined during the ordering process and depend on the choice of payment method and delivery method of the purchased Product.
The Seller reserves the right to change the amount of shipping costs related to the implementation of a specific order, due to its value, quantity of Products, specific nature of the Product requiring special packaging in transport, etc.
Shipment of the Product takes place within 10 Business Days from the date of:
posting the payment for the Product on the Seller’s bank account – if the Buyer makes payment for the Product before its delivery.
receipt by the Buyer of a message about the transfer of the Order for execution – if the Buyer chooses the option of making payment for the Product upon its delivery.
In the case of individual orders or those requiring personalization, the delivery time is 15 working days.
The Seller executes orders on the dates indicated above, whereby orders placed on working days after 16.00, and on non-working days (Saturdays, Sundays, holidays), will be considered as placed on the next business day and from that day the deadline for their implementation will be counted.
In exceptional cases, e.g. when the ordered Product is not currently available in the Store, the Seller allows a longer deadline for the order, about which he is obliged to inform the Customer in an e-mail confirming the acceptance of the order for execution. In such a situation, the lack of change or withdrawal of the order by the Customer within two working days of receiving the e-mail from the Seller means consent to extend the deadline for the order, as expected by the Seller.
Due to the unique nature of the Products or the unique material from which they are made, the Seller reserves the right to refuse to execute the order, limit the method of payment or request a prepayment by the Customer.
The Seller is obliged to deliver the purchased Product to the Buyer in a condition free from defects.
The product delivered to the Buyer should be intact.
If the Product is delivered by a courier or postal worker, the Buyer should check the Product in his presence. If the product package is damaged, the Buyer should write down a damage report and contact the Seller. That is before signing the delivery receipt, the Customer must examine the shipment for any damage to the outer packaging during transit or check if the shipment has been tampered with (for instance, if protective seals are broken). If the shipment box shows signs of damage or has been opened, the Customer should refuse to accept it, file an insurance claim, and promptly inform the Store about the receipt of a damaged or non-conforming product; otherwise, the Product will be deemed delivered to the Customer without any defects. It is essential for the Customer to inspect the shipment upon arrival to support any claims regarding damage or theft of the shipment or any of its components during transport. Should the Customer accept the shipment despite its damage, and if the received Product suffers from mechanical damage of external origin, the Customer will forfeit the right to claim statutory warranty or warranty service.
Right to withdraw from the Sales Agreement
The provisions of this § 8 apply only to the Buyer who is a Consumer or Entrepreneur with the rights of a Consumer.
The Buyer has the statutory right to withdraw from the Sales Agreement without giving any reason within 14 days from the date of coming into possession of the Product by him or a third party indicated by the Consumer, who is not the carrier.
Without prejudice to the consumer’s statutory right to withdraw from the contract, the consumer has the voluntary right to return the product within 14 days from the date of coming into possession of the Product by him or a third party indicated by the Consumer, which is not the carrier.
The buyer performs the return as well as the right to withdraw from the Sales Agreement by submitting to the Seller a statement of withdrawal from the Sales Agreement (hereinafter:“Statement”). To meet the deadline for return or withdrawal from the Sales Agreement, it is sufficient to send a Statement before the deadline referred to in paragraphs 2 and 3 above.
The statement may be submitted by the Buyer, in particular on the form constituting Annex 2 to the Act on Consumer Rights. In order to improve the exercise of the right to withdraw from the Sales Agreement, the Seller recommends, however, submitting the Statement in the manner indicated in paragraphs 6-8 below.
The Buyer may submit a Statement in the form of:
electronic;
Paper.
In the case of choosing the Statement in electronic form, the Buyer should send by e-mail to the address indicated in § 1 section 4 letter a of the Regulations a message containing the following elements:
name and surname of the Buyer;
e-mail address;
correspondence address;
a clear statement of withdrawal from the Sales Agreement;
indication of the Products to which the withdrawal from the Sales Agreement relates;
Order number;
date of placing the Order
PKD codes of business activity conducted by the Buyer (if the Buyer is an Entrepreneur with the rights of a Consumer).
In the case of choosing a Statement in paper form, the Buyer should print and fill out the form constituting Appendix No. 1 to the Regulations and then send it together with the Product to the address indicated in paragraph 12 below.
The Seller shall send the Buyer a confirmation of receipt of the Statement immediately after its receipt, by e-mail.
In the event of exercising the statutory right to withdraw from the Sales Agreement, the Buyer should send the Product back to the Seller within 7 days from the date of withdrawal from the Sales Agreement. To meet the deadline referred to in the preceding sentence, it is enough to send back the Product before its expiry.
If you choose a voluntary right to return, it is enough for the consumer to send the product within 100 days of its receipt to meet the deadline for returning the product. However, the condition for exercising the voluntary right of return is that the consumer has not used the product, and has sent the product in its original condition, without damage and in its original packaging. Until the expiry of the statutory right of withdrawal, only the statutory conditions relating to this right shall apply. The voluntary right of return does not in any way limit the consumer’s statutory right to withdraw from the contract and return the product, which remain unaffected. The voluntary right of return does not apply to vouchers and e-gift vouchers.
Sending back the Product should take place to the following address:
B&J
Ul. Wilcza 54A/11
00-679 Warsaw
POLAND
Phone: +48 519 588 519
The Consumer bears the direct costs of returning the Product.
The refund of payments made by the Buyer takes place a maximum of 20 working days after the Seller receives the returned Product or proof of its return by the Buyer, depending on which of these events occurs earlier. However, the condition for exercising the right of return is that the consumer has sent the product in its original condition, without damage and in its original packaging. The refund of the payment is made using the same method of payment as used by the Buyer in the original transaction, unless the Buyer expressly agrees to another solution. The Buyer does not bear the cost of returning the payment made.
The Buyer is responsible for the reduction in the value of the Product resulting from the use of it in a manner other than was necessary to determine the nature, characteristics and functioning of the Product.
The right to withdraw from the Sales Agreement is not entitled to the Buyer in the event that the product is a non-prefabricated item, manufactured according to the Buyer’s specifications or served to satisfy his individual needs.
Complaints about Products
Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty towards Buyers who are Entrepreneurs or Entrepreneurs with consumer rights is excluded. Further provisions of this § 9 apply only to the Buyer who is a Consumer.
The Seller is liable to the Buyer under the warranty if the Product purchased by him has a physical or legal defect. The Exercise of the Buyer’s rights under the warranty takes place in accordance with the provisions of Art. 556 and n. of the Civil Code, subject to the provisions of this § 9.
The Buyer submitting a complaint due to defects in the Product should send:
a self-signed complaint statement, constituting Appendix No. 2 to the Regulations;
proof of purchase of the Product or its photocopy;
Product covered by the complaint;
to the following address:
B&J
Ul. Wilcza 54A/11
00-679 Warsaw
POLAND
Phone: +48 519 588 519
The Buyer who has submitted a complaint and delivered the covered Product to the Seller may demand from the Seller a refund of the costs of its delivery. In the case of:
accepting the complaint – the Seller shall immediately reimburse the Buyer for the costs of delivering the Product covered by the complaint.
failure to accept the complaint due to its unfoundedness – the costs of delivery of the Product covered by the complaint are not refundable.
The deadline for considering the complaint and responding to it is 15 working days from the date of delivery to the Seller of the Product and a correctly completed complaint statement. Failure to respond within the time limit indicated in the preceding sentence is tantamount to the Seller’s recognition of the legitimacy of the complaint.
The Seller sends the response to the complaint to the Buyer by e-mail.
If it is not possible to remove the defect of the Product or replace it with a Product free from defects, the Seller informs the Buyer about the possibility of submitting a statement on price reduction or withdrawal from the Sales Agreement. Depending on the Buyer’s choice, the Seller shall return to the Buyer all or part of the price for the defective Product within 14 Business Days from the date of the Buyer’s choice of one of the services offered by the Seller.
The Buyer may not withdraw from the Sales Agreement if the defect of the Product is insignificant.
Complaints regarding services provided electronically
The User may file a complaint if the Seller provides services electronically in a manner inconsistent with the Regulations, which results in particular in improper operation of the Store or any of its elements.
The User submitting a complaint for the reasons indicated in paragraph 1 above should send by e-mail to the address indicated in § 1 section 4 letter a of the Regulations a message containing the following elements:
User’s name and surname;
e-mail address;
a description of the irregularities noted.
To the complaint referred to in paragraph 3 above, the provisions of § 9 sections 5-6 of the Regulations above shall apply accordingly.
Seller’s Intellectual Property
All components of the Store, in particular:
Store name;
Store logo;
photos and descriptions of the Products;
Products;
principles of operation of the Store’s website, all its graphic elements, interface, software, source code and databases
– are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 – Industrial Property Law and other provisions of generally applicable law, including the provisions of European Union law.
Any use of the Seller’s intellectual property without its prior, express permission is prohibited.
Protection of personal data
Information on the processing of personal data by the Seller can be found in the Privacy Policy available at:
https://www.bettynjosh.com/privacy-policy
Out-of-litigation dispute resolution
The provisions of this § 13 apply only to Customers who are Consumers.
The customer has the opportunity to use out-of-court methods of dealing with complaints and pursuing claims.
Detailed information on the possibility for the Customer to use out-of-court methods of dealing with complaints and redress and the rules of access to these procedures are available at the premises and on the following websites:
District/Poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;
Provincial Inspectorates of Trade Inspection;
Office of Competition and Consumer Protection.
The Customer may also use the Online Dispute Resolution (ODR) platform available at http://ec.europa.eu/consumers/odr/.
Amendment to the Terms and Conditions
The Seller may make a change to the Regulations in the case of:
Customers will be informed about the change in the Regulations by publishing its amended version on the Store’s website, at least 10 working days before the date of entry into force of the changes. Within the period referred to in the preceding sentence, the amended version of the Regulations will be sent to Users by e-mail.
To Sales Agreements concluded before the date of entry into force of the new Regulations, the provisions of the regulations in force at that time shall apply.
A User who does not agree to the amendment of the Regulations may, by deleting the Account, terminate the Agreement for the provision of the Account Service with immediate effect until the amendments to the Regulations enter into force. Failure to give notice shall be deemed to be consent to the provision of electronic services by the Seller in accordance with the amended provisions of the Regulations.
Final provisions
The following annexes are part of the Regulations:
Appendix No. 1 – Statement of withdrawal from the Sales Agreement.
Appendix No. 2 – Complaint Statement.
The current version of the Regulations is effective from January 15, 2021.