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Listed below are the Terms and Conditions for use and apply to the use of and/or the purchase of goods from this website at www.silvexcraft.eu

 

§ 1

Introduction

 

1. The following Terms and Condition has been prepared in accordance to the art. 8, the act of Providing Services by Electronic Means from July 18, 2002 (Dz. U. Nr 144, pos. 1204 as amended)
2. The Terms and Conditions listed below are for use and apply to the use of and/or the purchase of goods from the website at www.silvexcraft.eu
3. The registration and the use of services and goods provided by Silvexcraft e-shop by the User depends from the User's acceptance of the following Terms and Conditions. Every User declares acknowledgement with its content before he or she agrees to start cooperation.

 


§ 2

Definitions

 

1. Silvexcraft – the system of wholesale found at www.silvexcraft.eu the owner of which is: SILVEXCRAFT Sp. z o.o. Sp. k. with its seat in Krasne, 36-007, Krasne 951, Poland, having NIP: 5170373027, REGON: 363361395, KRS: 0000588340, which makes it entitled to make and receive orders for jeweller, jewellery findings, etc.

2. Administrators – the Representative of online Silvexcraft shop who works on behalf of the owner of Silvexcraft

3. User – each person who is in online Silvexcraft store system

4. Registered User - a legal person/entity or an individual who has registered at Silvexcraft and has the right to purchase products on online Silvexcraft shop

5. Login – the user's ID in online Silvexcraft store

6. Password – a unique code (containing both numbers and letters) created by the User of Silvexcraft store, made in order to verify User's identity. The password is confidential and the User is advised to keep it in secret

7. Product – a thing or the right that can be sold and included in the offer of Silvexcraft

8. Order – the order placed by the registered User for the goods at Silvexcraft online sales system.

9. Customer – a registered User who places an order at Silvexcraft shop

10. Consumer – a person who takes legal activities with the entrepreneur and that legal activities are not directly related to this person trade/company or profession.

11. Cookies - small text files, given ID tags that are stored on computer's browser directory or program data sub-folders. Cookies can help a website to arrange content to match your preferred interests more quickly.

 

§ 3

Rights and Obligations

 

1. Every Internet user has the right to use/purchase the goods/services provided in online Silvexcraft store on condition she or he is a registered User of online Silvexcraft store and fulfill the following ICT, minimum technical requirements:
a. - access to the Internet

b. - high Speed, broadband, Internet Browser

c. - valid email account

2. Orders in Silvexcraft store can be made in 24/7 all year round, except for the time the website is under maintenance and other technical reasons. Orders are processed only during working days.

3. The User of online Silvexcraft shop is obligated to use or/and take advantage of Silvexcraft services/goods in accordance with current law, Silvexcraft's Terms and Conditions as well as rules of social conduct and morality.

4. The User must not: a) use online Silvexcraft shop for the purposes which are different than these which are connected with basic Silvexcraft's services and/or its company profile, b) promote other websites, online stores as well as one's company by indicating any reference to these entities on Silvexcraft website, c) adversely affect the way online Silvexcraft store works and take actions which influence other Users of online Silvexcraft store, causing a damage by using computer virus PLN es etc., d) take actions which influence other Users of online Silvexcraft store, cause a damage of other Users, Administrators and Third Party, e) use information and materials which are gathered on online Silvexcraft shop with the aim that does not correspond to the Silvexcraft's company profile and are allowed.

5. The User of online Silvexcraft store freely provides its personal data which is needed to make the User, to be able to make orders and use services provided by Silvexcraft.

6. Each registered User of online Silvexcraft store can, at any time delete his/her own account by sending the following email: 'Please delete my account: …............ (the User's email address). The message has to be sent from the email address that is linked to the User's account on online Silvexcraft store which the User wants to be deleted from Silvexcraft database. All messages concerning a deletion of the User's account have to be sent on the following e-mail address: sekretariat@silvex.pl

 

§ 4

Information about the products

 

1. Silvexcraft reserves the right that due to nature of goods, the photos of products can differ slightly from their real look.

2. Weight and amount of silver findings sold in grams, the weight of the products found in packages as well as the number of pieces may differ slightly from the description on the website. The difference between information provided on the website and actual amount might be up to 5% (five percent). The reason for that are the differences in the weight of different production batches.

3. The details of products, which are included in online Silvexcraft store, such as: length, width, diameters of products and their holes are only of informational character and may differ from reality up to about 5%.
4. In case of some specific products such as chains, zodiacs, letters and rings, information concerning the availability refers to various lengths, models and sizes of a particular item. Because of that, it might happen that when a User makes the order for particular length, model or size, there may be a discrepancy in the quantity which will be actually in stock.


§ 5

Price of the products and tax

 

1. Prices at Silvexcraft – prices of products available in the offer of Silvexcraft change every working day – (Monday – Friday ) and depend on the fixing price of silver, as well as the currency exchange rate (EUR, USD, YEN, PLN) and the stock of Silvexcraft for given products.

2. Prices of goods offered by Silvexcraft store does not include tax (gross price, tax excluded).
3. Prices in the order – the prices of products which are ordered by the Customer are valid for 7 days (5 working days) from a date of making the order. If we do not record payment for the order (100% of its value), the order will be canceled at the 8th day after making the order.

4. The price of goods which are ordered in Silvexcraft store, which make the customer obligated, is provided at the moment the customer makes the order in Silvexcraft store. The price of products which are ordered is increased by shipping costs of the delivery to the address indicated by the Customer.

5. Tax Information

a) Companies based in Poland – 23% VAT tax

b) Companies based in the European Union (outside Poland) – 0 % VAT tax (on the condition they have active and valid EU VAT number in a correct pattern, for example: ''DE 123....'')

c) Companies based outside the European Union – 0 % VAT tax (VAT number is not obligatory, delivery cost includes the cost of custom clearance).



§ 6

Realization of the order

 

Step 1

Payment for the order - the order will be dealt with after the whole payment is acknowledged on the bank account of Silvexcraft company. If due to some reasons (such as long delivery time, the lack of the total quantity of goods ordered by the Customer, etc.), realization of the whole order will be impossible, the eventual overpayment might be exchanged into a voucher, which can be used in next order (voucher shall be valid for a year from the date of it is created), or a value of missing items will be returned on the customer's bank account. The decision about the form of return is made by the Customer.


Step 2

Payment proof - Silvexcraft issues two types of documents after the payment enters bank account of the company: prepayment Invoice (for 100% of the value of the order) or Invoice for a receipt (for individual customers without business activity). Silvexcraft as the manufacturer and wholesaler (B2B system), reserves the right to cancel orders from retail customers (without VAT number) without any reason (due to Silvexcraft wholesale activity). In such situation the customer will be informed about the cancellation of the order and reasons of it.

 

Step 3

Products are sent with the packing list – the document on which the customer finds all items which are send in a particular package together with their prices.

 

§ 7

Shipment

 

1. By placing an order customer comfirms maing an purchase offer for the items being subject of the order.

2. After placing an order, Silvexcraft sends an e-mail to the User (the information is sent to the email provided by the User during registration) with information which is the confirmation that the order has been acknowledged and received by Silvexcraft.

3. On the Silvexcraft website, it is clearly indicated delivery options and possible payment methods.

4. Silvexcraft fulfills its informative obligations indicated in the art. 12, the act of May 30, 2014 concerning customers' rights, especially information regarding the main characteristics of services provided by Silvexcraft, Silvexcraft designations, total cost, the right of withdrawal, at the moment the Customer makes the order in Silvexcraft store. The information is provided on website of Silvexcraft store.

5. Directly before the order is confirmed Silvexcraft clearly informs the Customer (providing information on the website) about the main characteristics of services provided by Silvexcraft, including a particular item, ways of contacting with a Customer, total cost of goods which are order together with tax, delivery cost.

6. Silvexcraft ensures that when the Customer makes an order, he or she clearly confirms that is aware that by making an order he or she is obligated to execute the payment, which takes place when a customer clicks the button: 'I confirm my order'

7. The customer agrees to receive VAT invoices and credit memo invoices from Silvexcraft by electronic means and without the sign of the issuer of invoices, on the e-mail address the customer provided during making the order. VAT invoices and credit memo invoices will be issued, sent and archived by Silvexcraft in accordance with the Minister of Finance (the decree of the 20th of December, 2012 concerning sending of invoices electronically, the rules regarding storing invoices and procedures of sharing them with the tax authority or tax inspection authority, in particular maintaining their integrity and authenticity.

8. If Silvexcraft is unable to fulfill the service in this area, because of unavailability of the given items, Silvexcraft informs the Customer about it by sending an e-mail on the e-mail address provided by the Customer during making the order or by phone. Silvexcraft immediately refunds money which were transferred, not later than 14 days from the date of making the order, if the customer paid for the order in advance.


§ 8

Shipping terms

 

1. Standard shipping procedure involves one shipment of all products from the Customer's order.

2. It is possible to send the first part of goods which are available at any stage of order processing. One order at Silvexcraft can be separated into few shipments (the Customer bears the cost of every additional shipment ).

3. The system of Silvexcraft store automatically counts shipment cost, providing its cost next to the value of products. The customer has the right to choose the type of delivery according to the customer's needs.

4. Silvexcraft reserves the right to recalculate the cost of shipment in case of non-standard orders on the basis of the price-list of a courier company (because of the parcel weight, size, etc.). In this case, the Customer will be informed about it by email or by phone in order to receive the Customer's agreement regarding the change of shipment cost.

5. After Silvexcraft sends the goods purchased by the Customer, the Customer will receive e-mail message with information concerning the Customer's order, delivery address, the payment method, prices, contact information for Silvexcraft's Customer Service Department.

6. Customer is responsible to collect package with items purchased from Silvexcraft and sent to the shipping address provided by a customer. In a case when package is not collected by a customer and returned back to Silvexcraft, Silvexcraft has right to charge customer with additional return fee. Additional fee will be equal of shipping company's return charge, which will be loss to Silvexcraft.Mentioned above legal right, will also apply in cases when retail customer would like to use right of withdrawal within 14 days, in the situation when right of withdrawal was reported after Silvexcraft shipped ordered items, but retail customer did not collect the package, in order of use right of withdrawal. 

 


§ 9

Payment terms – PayPal

 


1. Possible payment methods in Silvexcraft online store:

a) If you have PayPal account - the money will be taken from your PayPal account balance.
b) Payments can be done by PayPal in all currencies available at Silvexcraft.eu store

c) Silvexcraft does not get any commission for PayPal payment.

2. Silvexcraft does not grant any discount for cash payments and bank transfers for orders.

 

§ 10

Payment - wire transfers

 

Prepayment for Silvexcraft bank account:


Bank account owner:

SILVEXCRAFT Sp. z o.o. Sp. k.

Krasne 951, 36-007 Krasne, Poland


PLN transfers (only for orders in PLN)

Name of the bank: Bank Zachodni WBK S.A. Oddzial Rzeszow

IBAN for PLN transfers: 28 1090 2590 0000 0001 3200 2525

GBP transfers (only for orders in GBP)

Name of the bank: Bank Zachodni WBK S.A. Oddzial Rzeszow

Address: Grunwaldzka 38, Rzeszow, Poland

IBAN for GBP transfers: PL 62150011001211000673940000

Swift: WBKPPLPP

EUR transfers (only for orders in EUR)

Name of the bank: Bank Zachodni WBK S.A. Oddzial Rzeszow

Address: Grunwaldzka 38, Rzeszow, Poland

IBAN for EUR: PL 47150011001211000436590000

Swift: WBKPPLPP

USD transfers (only for orders in USD)

Name of the bank: Bank Zachodni WBK S.A. Oddzial Rzeszow

Address: Grunwaldzka 38, Rzeszow, Poland

IBAN for USD: PL 45150011001211000629660000

Swift: WBKPPLPP

 

§ 11

Availability of the product

 


1. The availability of products suits only for informational purposes and provide approximate information about delivery date of the order, made by the Customer.

2. Information about the availability is updated once a day, in the morning, and can change in between the updates.

3. Information about the availabilty of large quantity of a given product available in SILVEXCRAFT store (more than 20 packages) could mean that a production time will be longer than it is indicated on the website. Therefore, the customer is aware that when he or she orders more than 20 packages, on the basis of information about large quantity of goods in stock, there could be only 21 packages available. In result, to process that order the production department would require more time and a production time might be longer.

4. The meaning of the following colors:
Green – shipment within 1-10 working days

Grey – shipment within 5-20 working days

 


§ 12

Shopping at SILVEXCRAFT

 


1. We would like to inform you that there is a possibility of arriving at Silvexcraft company and purchasing jewellery personally in the head office of the company. It is enough to inform us about the planned arrival by telephone and arrange the shopping the day before.
2. Before visting our company, please contact our Sale Department. The minimal purchase during personal shopping – 1000.00 PLN (net).

3. Contact person: Mr. Kamil Sebzda +48 178555884 ext. 27.

4. At our local company store, we offer wide selection of chains, earrings, pendants, rings and jewellery sets. In store purchases are possible only for buying fine jewellery. All other items have to be ordered on Silvexcraft online store.

 

§ 13

Right of Withdrawal - Consumer

 


1. The Customer, who is the Consumer, can return goods purchased at Silvexcraft by submitting the declaration of withdrawal accordingly with art. 2 of act from 02/03/2000 about protection of consumer and responsibility for the damage caused by dangerous product. Returns must be made within 14 days from the date of receiving goods and there is no need to provide the reason of the return and covering the cost. In case of using the right of withdrawal, the order is not valid.

2. In order to benefit from the right of withdrawal, the Customer, who is the Consumer, has to complete and provide the statement of the withdrawal – Appendix nr 1.

3. In the event of returning goods, according to this article, goods must be returned in state that they were received and sent to address:


SILVEXCRAFT Sp. z o.o. Sp. k.

Krasne 951, 36-007 Krasne, Poland


4. In case of issues indicated in the art. 38, the act of May 30, 2014, concerning consumer's rights i.e. when the product bought by the consumer is produced according to the consumer's requirements or is modified according to the consumer's need; the consumer is not entitled to the right of withdrawal.

5. Silvexcraft issues refund for the payment that has been done by the customer within 14 days from the date of receiving the statement of the customer's withdrawal.

6. The customer who benefits from the right of withdrawal covers only direct costs concerning the return of goods.

7. Silvexcraft may postpone the return of money until receiving the goods which were sent back by the Consumer or receiving the proof of sending them back. (depending on which of these two cases happens first).

8. On the basis of the document which confirms placing the order in Silvexcraft store, Silvexcraft makes return.

9. The Consumer takes responsibility for decreased value of ordered goods, if the goods were used in inappropriate way.



§ 14

Returns

 

1. Silvexcraft takes responsibility for the defects in goods, on the basis of warranty as stated in the Civil Code.

2. Complaints of goods ordered in Silvexcraft store should be sent on the following e-mail address: sekretariat@silvex.pl

3. Complaints may be made with complaint form available the website of Silvexcraft store: Silvexcraft return claim form.

4. Silvexcraft assumes an attitude toward the consument's complaint within 14 days, starting from the day of receiving the statement of the right of withdrawal, and informs the consument about further procedures.

5. If goods which were ordered have a defect, the Consument has the right to issue the statement of decreasing the price or the right of withdrawal, on the condition Silvexcraft immediately and without much inconvenience for the Consument provides goods without defects or eliminates defects in goods which were ordered. It might be not relevant if these goods were exchanged or repaired by Silvexcraft in the past. Silvexcraft did not manage to exchange goods with defects or repair these defects. The decreased price should be proportional and should resemble the balance between a balanced value of the products ordered. The Consument cannot benefit from the right of withdrawal of the defect is not significant.

6. Instead of accepting the possibility of eliminating the defect, the consumer may demand exchanging the product with detefects for the product without defects or instead of exachanging the product with defects, may demands eliminating the defects. The exception takes place if it is impossible to fulfill the Consumer decision in the way the Consumer wants, or it will be connected with too high cost, in comparison to the way suggested by Silvexcraft.

7. If the product has the defect, the Consumer may demands exchanging faulty item to a goods one or elimination of the defect. Silvexcraft has to right to not agree on the Consumer's complaint, if it is impossible to provide the Consumer with the product without defects in a way the Consumer demands or associated cost will be to high. Silvexcraft takes responsibility concerning the warranty for two years time.

8. The Consumer who benefits from is the right of withdrawal is obligated to return goods with defect at the address of Silvexcraft company. If the goods with defects are repaired or exchanged, Silvexcraft immediately makes refund of costs covered by the Consumer , including delivery costs, at latest within 14 days, starting from the date of accepting the complain by Silvexcraft.

9. If the Consumer provides the statement of the right of withdrawal, or the statement of decreasing the price of goods with defects, Silvexcraft makes refund immediately, at latest within 14 days, starting from the date of accepting the complaint by Silvexcraft.

10. The refund is made in the same way as the method the Customer chose to make the payment for the order in Silvexcraft store (it means for the same account number that the Customer used while making the payment for the order or the account or debit card with which the Customer made the payment for the order).If the Customer pay for the order while picking up the order by cash, the Customer has the right to indicate the bank account number on which she or he wants to receive refund. The Customer informs Silvexcraft about the account number for sending refund by using Contact Section on the website of Silvexcraft store, which is free from any additional costs for the Customer.

11. Any complaints connected with making a wrong transaction or making a transaction in an incorrect way should be directed to the financial institution that the Customer used while making the payment - in accordance with the act of August 19, 2011, which concerns financial services (Dz. U. Nr 199, pos.1175 with amendments), and the act of September 12, 2002, concerning electronic means of payment ( (Dz. U. Nr 169, pos.1385 with amendments).

12. Complaints concerning the services which are provided by Silvexcraft via Internet (especially these connected with technical issues and the functionality of www.silvexcraft.eu website) might be made via e-mail { e-mail address: sekretariat@silvex.pl) along with detailed description of a technical problem.

13. In accordance with the art. 556 C.C. - 576 C.C., concerning the warranty connected with physical and legal defects of goods, Silvexcraft does not accept the complaint from the Customer who is not the Consumer. The basis for accepting the complaint will be Silvexcraft's Terms and Conditions and the proof of buying goods in Silvexcraft store.



§ 15

Protection of personal data

 

1. Personal data shared by a user to Silvexcraft system are processed by Silvexcraft.

2. Any personal data, especially name, surname, e-mail address, phone number, address/company address will be processed: a) to create account and make, and process orders, b) to contact customer via email about order processing and important changes in Silvexcraft offer.

3. Personal data shared by a user during the registration will be collected, processed and used only by Silvexcraft according to Polish law, especially Protection of personal data act from 29 August 1997 ( Dz. Ust. Nr 133 pos. 883).

4. Registered users of Silvexcraft have access to viewing and editing their personal data, as well athey have right to ask Silvexcraft, to stop using them.

5. Personal data can be shared with authorized personnel, according to the power of current provisions of the law.

 


§ 16

Validity

 


If any provision of Terms and Condition would be declared by Court of Law as invalid, others will remain in affect.

 


§ 17

Declaration

 

1. Silvexcraft declares that the ingredients of findings in the offer of Silvexcraft (produced and imported by Silvexcraft) are provided at the website in the description of these findings.
2. Silvexcraft declares that SWAROVSKI® ELEMENTS crystals are purchased directly from Swarovski company with its seat in Triesen, Lichtenstein. Silvexcraft purchasing SWAROVSKI® ELEMENTS crystals, based on cooperation agreement between both parties.
3. Silvexcraft declares that the glass MIYUKI™ beads are purchased directly from MIYUKI CO.LTD with its seat in Hiroshima, Japan.

 


§ 18

Applicable law



1. The applicable law in case of the agreement between the Customer and Silvexcraft, concerning goods and services provided by Silvexcraft on the basis of the following Terms and Conditions, is Polish law. By accepting the following Terms and Conditions, the Parties choose Polish law, as the applicable law.



§ 19

Final provisions

 

1. Silvexcraft using IP addresses collected during the Internet connection for technical purposes, related with server administration.

2. Silvexcraft using cookies files to store information on the Users computer. Information collected by cookies allow to customize services and information for individual needs and preferences of the user. Disabling cookies in web browser, user will still be able to use Silvexcraft website, yet it might create some difficulties.

3. Cookie files does not include any information which were used by the user, it only helps using Silvexcraft web store.

4. The following Terms and Conditions is valid from 25.12.2014 and might be changed by Silvexcraft due to some important reasons: a). the decision of the court/a state authority which results in a need to change the Terms and Conditions, b). the change of law, concerning the activity hold by Silvexcraft, c). important change in the market connected with the activity hold by Silvexcraft, d). improving the security, better functionality and the level of protection of personal data by Silvexcraft, e). improving or enhancing Silvexcraft store.

5. Silvexcraft reserves the right to introduce changes in the following Terms and Conditions. Any changes apply after 14 days from a day when Silvexcraft web store users are notified via email about planned changes. Changes cannot be applied to the services already made.

6. Any disputes between Silvexcraft and registered user, regarding services provided by Silvexcraft, which cannot be prevented during warranty process, will be resolved by a Court of Law, suitable to location of Silvexcraft headquarters.

7. To any matter not included in this Term and Conditions apply regulations of civil code and other general effective acts.