CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS AND CONDITIONS OF CONTRACT OF SALE
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
6. PRODUCT COMPLAINT
7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL
9. PROVISIONS FOR ENTREPRENEURS
10. FINAL PROVISIONS
11. MODEL WITHDRAWAL FORM

1. GENERAL PROVISIONS

1.1. The online store, available at the Internet address www.moneual.pl, is run by Michał Bedner, doing business under the name DzikON Michał Bedner, registered in the Central Register and Information on Business Activity of the Republic of Poland. Address: 14 Tyska St., 77, 52-014 Wroclaw, Poland. NIP: 899 243 52 01, hello@napiteldiamond.com

1.2. These Regulations are addressed to both consumers and businesses using the Online Store, unless a particular provision of the Regulations provides otherwise.

1.3. The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy contains, first of all, the principles concerning the Administrator’s processing of personal data in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

1.4. Definitions:

• WORKING DAY – one day from Monday to Friday excluding public holidays.
• REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.
• ORDER FORM – Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
• CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – who has concluded or intends to conclude a Sales Agreement with the Seller.
• CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
• ACCOUNT – Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about Orders placed by him/her in the Online Store are collected.
• NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of the newsletter containing information about Products, news and promotions in the Online Store.
• PRODUCT – a movable item available in the Online Store, which is the subject of a Sales Contract between the Customer and the Seller.
• REGULATIONS – these regulations of the Online Store.
• INTERNET SHOP – Service Provider’s online store available at the following web address: www.napiteldiamond.com
• SELLER; SERVICE PROVIDER – Michal Bedner conducting business under the name DzikON Michal Bedner,
• SALE AGREEMENT – an agreement for the sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.
• ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Online Store.
• USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – using or intending to use the Electronic Service.
• CONSUMER RIGHTS ACT – Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
• ORDER – the Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.

• Account – use of the Account is possible after a total of two consecutive steps by the Customer – (1) completing the Registration Form, (2) clicking on the “Register” field. In the Registration Form, it is necessary for the Customer to provide the following details of the Service Recipient: e-mail address and password. If the Service Recipient has a registered account with Facebook or Google, he can also create an Account on the Online Store by logging in through this service.
  • The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the address: hello@napiteldiamond.com
• Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart on the Online Store. The Order is placed when the Customer completes a total of two consecutive steps – (1) completing the Order Form and (2) clicking the “I confirm purchase” box on the Web Store page after completing the Order Form. – Up to this point, it is possible to modify the entered data on your own (for this purpose, you should be guided by the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house number/apartment, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number.
  • The Order Form Electronic Service is provided free of charge and has a one-time nature and is terminated when the Order is placed through it or when the Customer discontinues placing the Order through it earlier.
• Newsletter – The Newsletter can be subscribed to by checking the appropriate checkbox when creating an Account or placing an Order – upon creating an Account or placing an Order, the Customer is subscribed to the Newsletter.
  • The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter cancellation) by sending an appropriate request to the Service Provider, in particular via e-mail to: hello@napitediamond.com

2.2. Technical requirements necessary to work with the information and communication system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in your web browser.

2.3. The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.

2.4. Complaint procedure:

• Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions) Service Recipient may submit, for example:
• in electronic form via email to: hello@napiteldiamond.com
• It is recommended that the Service Recipient provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client’s request; and (3) the contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
• The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3. CONDITIONS FOR CONCLUDING A SALES CONTRACT

3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.

3.2. The price of the Product shown on the website of the Online Store is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services fees) and other costs, and when the amount of these fees cannot be determined – about the obligation to pay them, on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.

3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form.

• The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.
• After the Order is placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client a relevant e-mail message to the Client’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following methods of payment for the Sales Agreement:

• Payment by bank transfer to the Seller’s bank account.
• Electronic payment and payment by Visa, Visa Electron, MasterCard, MasterCard, MasterCard Electronic, Maestro, via Bluemedia.pl – the possible current payment methods are specified on the website of the Online Shop in the information tab concerning the payment methods and on the website http://www.stripe.com

4.2. Payment term:

• If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 1 calendar day from the date of conclusion of the Sales Agreement.

5. THE COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1. Delivery of the Product is available on the territory of the Republic of Poland and selected countries of the European Union

5.2. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.

5.3. We do not offer personal pickup.

5.4. The Seller provides the Customer with the following methods of delivery of the Product:

• Courier delivery,
• Pallet shipment.

5.5 The deadline for delivery of the Product to the Customer is up to 21 Business Days, unless a shorter deadline is specified in the description of the Product or during the placing of the Order. In the case of Products with different delivery terms, the delivery term is the longest term specified, which, however, cannot exceed 21 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:

• If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or checking account.

5.6 In case of shipment to the European Union countries, Delivery of the Product can be made without charging 23% VAT only for customers who have an active EU VAT number and are purchasing for business purposes (B2B customers). In order to use such option, the customer is required to provide his EU VAT number in the order form. If you do not provide your EU VAT number, shipments to EU countries will be made with a 23% VAT charge.

6. PRODUCT COMPLAINT

6.1. The basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).

6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information regarding the Seller’s responsibility for a defect in the Product and the Customer’s rights are specified on the website of the Online Store in the information tab regarding complaints.

6.3. A complaint can be submitted by the customer through the form available on the website

6.4. It is recommended that the customer specify in the description of the complaint:

(1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect;

(2) request a method of bringing the Product into conformity with the Sales Contract or a statement of price reduction or withdrawal from the Sales Contract; and

(3) contact details of the complainant – this will facilitate and speed up the processing of the complaint by the Seller.

(4) provide order number/invoice number, serial number, photos/videos showing the defect.

6.5. The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, who is a consumer, in exercising his rights under the warranty, demanded replacement of the item or removal of the defect, or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this demand within 14 calendar days, it is considered that the demand was justified.

6.6. The Customer who exercises warranty rights is obliged to deliver the defective Product to the address: Tyska Street 14/77, 52-014 Wroclaw Poland. The cost of delivering the product shall be borne by the buyer.

6.7. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product to a Customer who is not a consumer is excluded.

7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Detailed information on the possibility for a customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.

7.3. The consumer has the following examples of out-of-court means of dealing with complaints and claims: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector in charge of the Seller’s place of business); and (3) the assistance of a county (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline open on Business Days, from 8:00 am to 6:00 pm, call charge at the operator’s tariff).

7.4 A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr . The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales contract or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection’s website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL

8.1. A consumer who has entered into a remote contract may withdraw from it within 14 calendar days without stating a reason and without incurring costs, except for the costs specified in Section. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal from the contract may be made, for example:

• in electronic form via email to: hello@napiteldiamond.com

8.2. The consumer can use the model form, but it is not mandatory.

8.3. The period for withdrawal from the contract begins:

• for an agreement in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Agreement) – from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of an agreement which: (1) involves multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period – from taking possession of the first Product;
• For other contracts – from the date of the agreement.

8.4. In the case of withdrawal from a remote contract, the contract is considered not concluded.

8.5. The Seller is obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, all payments made by the consumer, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. If payment is made using a payment card, the refund will be made to the bank account assigned to the payment card used to make the payment. If the Seller has not offered to collect the Product from the consumer itself, it may withhold the refund of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.

8.6. The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration. The Consumer may return the Product to the address: TYska 14/77 Street, 52-014 Wrocław Poland

8.7. The consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

8.8. Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is obliged to pay:

• If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.
• The consumer shall bear the direct costs of returning the Product.
• In the case of a Product that is a service, the performance of which – at the express request of the consumer – began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance provided.

8.9. The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts:

• (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who was informed before the performance, that after the performance by the Seller will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a non-refabricated product, manufactured to the consumer’s specifications or serving to meet his individualized needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of performance is a Product delivered in sealed packaging which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of performance are Products which, after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right of withdrawal.

8.10. The provisions contained in this Section 8. of the Terms and Conditions regarding the consumer shall apply from January 1, 2024 and for contracts concluded from that date onwards also to the Customer or Client who is an individual concluding a contract directly related to his/her business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9. PROVISIONS FOR ENTREPRENEURS

9.1. This Section 9. of the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on a Customer or Customer who is not a consumer, and from January 1, 2024 and for contracts concluded from that date, who is not also a natural person entering into a contract directly related to his/her business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.

9.3. The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, and this regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.

9.5. The Service Provider’s/Seller’s liability to the Client/Customer, regardless of its legal basis, is limited – both as part of a single claim and for all claims in the aggregate – to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the absence of a Sales Agreement or unrelated to a Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in transportation of the shipment.

9.6. Any disputes arising between the Vendor/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.

10. FINAL PROVISIONS

10.1. Contracts concluded through the Online Store are concluded in the Polish language.

10.2. Amendment of the Regulations:

• The service provider reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
• In the case of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Services – Account), the amended Regulations are binding on the Service Recipient, if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and has not terminated the agreement within 15 calendar days from the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Service Recipient has the right to withdraw from the contract.
• In the case of conclusion of contracts of a nature other than continuous contracts (e.g. Sales Agreement) under these Regulations, the amendments to the Regulations shall not in any way affect the acquired rights of Service Recipients/Customers prior to the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations shall not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.

10.3. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Consumer Rights; and other relevant provisions of generally applicable law.