We’re excited to have you here! These Terms and Conditions are designed to ensure a smooth and enjoyable experience as you create your unique keepsake jewelry. While the legal language may seem complex, our commitment is simple: to provide you with the best possible service and support. If you have any questions about these terms, please don’t hesitate to reach out to us. We’re here to help you preserve your precious moments in the most beautiful way possible.
§1 – Glossary
Whenever these terms and conditions refer to:
- „Seller“ – it means KEEP MOMENTS SP. Z O.O., with registered office at WAPIENNA 4A/2, 71-790 SZCZECIN, POLAND, NIP: 8513315836, REGON: 529223101, KRS: 0001118211;
- „Terms“ – refers to the terms and conditions in force at the Seller;
- „Claims Policy“ – refers to the claims policy in force at the Seller;
- „Consumer“ – means a natural person who performs a legal act with the Seller not directly related to their business or professional activity;
- „Consumer Entrepreneur“ – a natural person entering into a contract directly related to their business activity, where it appears that the contract does not have a professional character for them;
- „Entrepreneur“ – refers to a legal person or an organizational unit not having legal personality but accorded legal capacity by law, and a natural person acting in the course of their business or professional activities;
- „Customer“ – means a Consumer, Consumer Entrepreneur, or Entrepreneur;
- „Complaint“ – means a Customer’s request directed to the Seller in connection with the notification of non-conformity of goods with the contract;
- „Instructions“ – refers to the guidelines attached to the order concerning the manner of delivering material for the product’s execution;
- „Store“ – means the online store available at https://moments-diy.com/.
§2 – General Provisions
- These Regulations set forth the rules for making purchases through the Online Store available at the domain https://moments-diy.com/ and for providing services by electronic means with respect to holding an account referred to in §3 (2), in particular the rules and procedure for concluding distance sales agreements through the Store.
- With regard to services provided electronically, these Regulations are the rules and regulations referred to in Article 9 of the Act on Provision of Services by Electronic Means of July 18, 2002.
- The Seller informs customers that the sale of goods is carried out using a data communications system that ensures the processing and storage, as well as sending and receiving data via telecommunications networks in accordance with the wording of the Act on Electronic Provision of Services.
- In order to use the Store it is necessary to have a device (e.g. computer, tablet, smartphone) with access to the Internet and a web browser such as Internet Explorer 10 or later, Google Chrome, Mozilla Firefox, Opera, Safari, as well as an active e-mail account (e-mail), Javascript enabled and acceptance of the use of cookies (required to place an order).
- These Terms and Conditions are an integral part of the sales contract concluded by the Seller with the Customer, and placing an order by the Customer is equivalent to reading and accepting these Terms and Conditions.
- The Customer can read the Regulations at any time on the Store’s website. The Regulations can be downloaded and printed at any time.
- The prices given in the Store are gross prices.
- All information contained on the Store’s website relating to products (including prices), do not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2019, item 1145, as amended), but an invitation to conclude a contract under Article 71 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended). The Customer, by sending the Order Form, makes an offer to purchase the indicated Goods for the price and under the conditions specified in the description.
§3 – Customer and Customer’s account
- Customers of the Store may be persons who have the legal capacity to make a specific purchase effectively.
- In order to access promotions and simplify the ordering process, the Customer may create an Account by completing an electronic form available in the Store, providing his/her e-mail address and password, name, surname, address and cell phone number.
- After completing the relevant electronic form available in the Store, a message is sent to the e-mail address indicated during registration with information on the next steps of the account creation service.
- The creation and use of an account by the Customer is free of charge.
- The creation of an account by the Customer is optional to make a purchase.
- As a result of a properly completed registration, the Customer receives access to the account created for him/her, which he/she can use within the framework of the Online Store after providing the e-mail address and password (login) submitted during registration.
- The contract for the provision of services by electronic means in the field of account maintenance is concluded between the Client and the Seller as soon as the Client receives access to the account created for him.
- The account contains the Customer’s data provided by the Customer in the registration form and the Customer’s order history. In case of any changes in the data placed in the account, the Customer is obliged to immediately update it using the appropriate form available in the Online Store. The customer is responsible for indicating incomplete, outdated or false data or failure to update his/her data accordingly.
- The customer is not allowed to share the use of the Account with other persons, including disclosure of the password used to access the Account. The Customer is obliged to keep the password to the Account secret and protect it from disclosure. The Customer is obliged to immediately inform the Seller via e-mail to: info@moments-diy.com, if the access data to the Account has been taken by third parties and explain the circumstances of their acquisition.
- In case of violation by the Customer of the Terms and Conditions, the law or good morals, the Seller may terminate the contract with the Customer or suspend its performance under the specified Account.
- The Account is maintained on behalf of the Customer for an indefinite period of time. The Customer may, at any time, demand that the Account be discontinued for him or her by making a statement to the Seller via e-mail to the following address: info@moments-diy.com. The Customer may also demand that the Account be discontinued in other ways, provided that his or her identity as an Account holder can be properly verified. Notwithstanding the above, a Customer who has registered but has not made purchases or used the services provided electronically by the Seller may withdraw from the contract so concluded without giving any reason within 14 days from the date of registration.
- The store may refuse to register if the data provided during registration raises reasonable doubts about the veracity and reliability.
§4 – Placing orders
- A customer who does not have a registered Account may place an order, provided that the following data is provided during the purchase: the recipient’s name and delivery address – for the purpose of executing the sales contract, and e-mail address – for the purpose of confirming acceptance of the order, and after accepting the Terms and Conditions and agreeing to the processing of personal data for the purpose of executing the contract.
- The Customer, who has a registered Account, places an order through his Account.
- After the Customer places an order, the Store confirms the order by sending a message describing the subject of the order to the e-mail address provided when placing the order. If the Customer provides incomplete, erroneous, contradictory information when placing an order, the Store will contact the Customer to remove the errors.
- The order processing time is from 2 to 7 working days from the day of placing the order.
- Upon placing an order, the Customer makes an offer to conclude a contract of sale for the ordered products. After concluding the contract of sale, the Store confirms the terms and conditions to the Customer by sending them to the Customer’s e-mail address.
- The available means of communication between the Customer and the Store are:
- e-mail contact through the address: info@moments-diy.com
§5 – Payments
- The customer has a choice of the following forms of payment:
- payment by bank transfer directly to the Seller’s bank account or
- PayPal.
- The product price given in the product description is the total value that the Customer is obliged to pay (gross price) for the product, i.e. it includes the tax due. The cost of delivery is not included in the price, as it depends on the method of delivery of the product chosen by the Customer.
- Payment for the product is a prerequisite for processing the order.
- If you choose payment by bank transfer, the amount due for the order should be paid within 7 days from the date of order confirmation by the Store. Lack of payment within this period will result in cancellation of the Order, and lack of payment is understood as withdrawal of the Customer from the contract of sale.
- Payment is considered to have been made when the Seller’s bank account is credited.
- Upon receipt of the payment, the Store confirms its receipt by sending a message to the e-mail address provided when placing the order, confirming the payment for the order.
- The receipt of payment is documented by the Seller by issuing a bill. The customer agrees to receive electronically, at the e-mail address provided by him, an electronic image of the bill issued.
- The Seller reserves the right to change prices found in the Store, introduce new products for sale, carry out and cancel promotional actions, or make changes to them in accordance with applicable laws.
- If the Consumer is required to pay more than the agreed price, the Shop will immediately inform the Consumer of this fact, explaining the reason for the price difference. The Consumer will be charged with additional costs only after obtaining the express consent of the Consumer.
§6 – Delivery of the product
- The place of performance under the sales contract by the Seller is the place where the order will be received (or should be received as indicated by the Consumer).
- The Seller informs about the cost of delivery before the Customer places the order.
- The ordered product is shipped by the Store via the Polish Post or courier service.
- Delivery of the product is made to the address indicated by the Customer.
- The Customer is obliged to check the condition of the product and packaging immediately after delivery. If any damage is found that may have occurred during delivery, the Customer should draw up an appropriate protocol and immediately notify the Seller.
- The Seller shall not be liable for non-delivery of the product for reasons attributable to the Client (e.g. due to indicating an incorrect or incomplete delivery address). In such a situation, the Seller will notify the Customer of the failed attempt to deliver the product.
- If the product is not delivered to the Customer for the reasons specified in paragraph 6, the Seller shall notify the Customer. If the Customer provides the correct address, the Seller shall resend the product, subject to prior payment by the Customer of an amount equivalent to the equivalent of 10 euros, which is a contractual penalty to remedy the damage caused by reasons attributable to the Customer (the cost of repacking the product, preparing the package and resending).
- If the product is not delivered to the Customer within 30 days from the date of shipment by the Seller, the Customer is obliged to inform the Seller, who shall immediately file a claim with the carrier. If the product is not delivered for reasons attributable to the carrier and the shipment is not found, the Seller will re-execute the order placed by the Customer without the possibility of modifying the originally placed order. The Seller will inform the Customer about the details of the re-execution of the order by e-mail.
§7 – Complaints
- The Seller will deliver the product to the Consumer in accordance with the contract.
- If the product is inconsistent with the contract, the Seller shall be liable to the Consumer to the extent specified in Chapter 5a of the Law on Consumer Rights.
- The Seller shall, within a period of two years from the delivery of the product to the Consumer, bear the liability arising from the non-conformity of the product with the contract.
- In case of non-conformity of the product with the contract, the Consumer has a claim against the Seller to bring the product into conformity with the contract by repairing or replacing the product with a new one. The Seller may make an exchange when the Consumer demands a repair, or may make a repair when the Consumer demands a replacement, or refuse to bring the product into conformity with the contract if bringing the product into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller.
- Detailed rules on the complaint procedure are set forth in the Seller’s Complaint Regulations, which are attached to these Regulations.
- Submission of a statement of acceptance of the Regulations is tantamount to acceptance of the Complaint Regulations.
§8 – Right of withdrawal from the contract
- A consumer who has concluded a remote contract may withdraw from it within 14 days without giving any reason and without incurring costs, except for the cost of direct return of the product and additional costs resulting from the choice by the consumer of other than the cheapest ordinary delivery method offered by the Seller.
- The 14-day period referred to in paragraph 1 shall be counted accordingly from the day on which the product was issued, i.e. from the date of receipt of the product by the Consumer.
- To keep the 14-day deadline for withdrawal, it is sufficient to send a statement before its expiration to the Seller in writing or by e-mail, in particular using the model withdrawal form available on the Shop’s website.
- Withdrawal from the contract is effective from the moment of delivery of the Consumer’s statement to the Seller.
- In the case of withdrawal from the sales contract, the Consumer is obliged to return the product within 14 days from the date on which he or she withdraws from the contract. To meet the deadline it is sufficient to send back the product before the expiration of 14 days.
- Return of the product should be made to the address: WAPIENNA 4A/2, 71-790 SZCZECIN, POLAND. The consumer has the right to return the purchased product with or after sending the statement of withdrawal from the contract.
- The Consumer shall be liable for any diminution in the value of the product resulting from the use of the product beyond what is necessary to ascertain the nature, characteristics and functioning of the product.
- If the product is returned, the Consumer shall bear all the costs of returning the product, according to the form of product return chosen by the Consumer. The cost of return can be estimated by the Consumer on the basis of the price list of the carrier chosen by him.
- The Seller, within 14 days from the date of receipt of the declaration of withdrawal from the contract, will refund to the Consumer all payments made by the Consumer, including the cost of delivery of the product up to the amount corresponding to the cheapest shipping option available in the Seller’s offer, but the return of payments will not take place until the Seller receives the returned product or the Consumer provides proof of its shipment, unless the Seller has offered the Consumer to collect the product himself.
- The Seller will refund the payment using the same method of payment used by the Consumer when paying for the order.
- The right of withdrawal from the Sales Agreement does not apply to the Consumer in the following cases:
- for the provision of services for which the Consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Consumer, who was informed before the start of the service that after the Seller’s performance, he will lose the right to withdraw from the contract, and accepted it,
- when the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawal from the contract,
- when the subject of the performance is a non-refabricated thing, produced to the Consumer’s specifications or serving to meet his individualized needs,
- when the subject of the performance is an item subject to rapid deterioration or having a short shelf life,
- when the subject of the performance is an item delivered in a sealed package, which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery of the item,
- when the subject of the service are things that after delivery, due to their nature, become inseparably connected with other things.
- The right of withdrawal from a contract concluded at a distance does not apply to an entity other than the Consumer, in the sense adopted for the purposes of these Regulations.
- The Consumer is also not entitled to withdraw from the contract in the event that, when placing an order in the Store, he or she personalizes the product.
§9 – Intellectual property
- It is prohibited to use any materials published on the Store’s website (including photos and product descriptions) without the consent of the Store expressed in writing, under pain of invalidity.
§10 – Personal data protection
- The Seller is the administrator of personal data of Customers and persons indicated by the Customers.
- The Seller processes Customers‘ personal data on the basis of the contract for the provision of electronic services concluded in connection with the use of the functionality of the https://moments-diy.com/ website for the provision of user account services and order processing (Article 6(1)(B) of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (hereinafter: RODO).
- The Seller may use Customers‘ personal data for marketing purposes consisting in promotion of goods and services and products and services of the Seller’s business partners. The legal basis for the processing of personal data for marketing purposes is the administrator’s legitimate interest (Article 6(1)(f) RODO) in conducting marketing activities.
- As part of marketing activities, the Seller may send messages to Customers containing information about new products or services. Sending the above information may only take place if Customers have given separate consent for marketing communications, which may be withdrawn at any time. Withdrawal of consent is possible by contacting the Seller or through a link provided in each e-mail containing marketing communications.
- The Seller may use the collected personal data to create so-called Customer profiles, based on, among other things, their interests, purchase history and activity on the Platform. Based on the profiles created, the Seller may send more customized marketing messages informing about goods and services.
- In addition, in certain situations it is or may be necessary to process Customers‘ personal data for purposes other than those indicated above, but necessary due to the implementation of the Seller’s legitimate interests (Article 6.1.f. RODO), in particular:
- for purposes related to monitoring and improving the quality of services provided,
- where applicable for internal reporting purposes within the Seller,
- In cases other than those indicated above, the Customers‘ personal data will be processed only on the basis of the previously granted consent, to the extent and for the purpose specified in the content of the consent.
- Failure by the Client to provide all required personal data, may constitute an obstacle to the conclusion of the contract and the provision of services by the Seller to the Client.
- To the extent that personal data are collected on the basis of consent, providing personal data is voluntary.
- In connection with the processing of Customers‘ personal data for the purposes indicated in paragraphs 3-6, Customers‘ personal data may be made available to the following recipients or categories of recipients:
- entities that are the operator of the online store, operated at https://moments-diy.com/ ; details of the current operator of the online store are provided each time in the regulations;
- entities participating in the processes necessary for the execution of orders placed in the online store, operated at https://moments-diy.com/;
- public administration bodies and entities performing public tasks or acting on behalf of public administration bodies, to the extent and for the purposes arising from the provisions of law.
- Customers‘ personal data will be processed for the period necessary to provide the service electronically keeping the https://moments-diy.com user account and handling Orders.
- After the expiration of the above period, Customers‘ personal data may continue to be processed to the extent required by law or for the implementation by the Seller of the legitimate interest of the data administrator to the extent specified in point II above, and in the case of the Customer’s consent to data processing after the termination or expiration of the contract, until such consent is withdrawn.
- Profiling is to be understood as any form of automated processing of personal data, which involves its use for the purpose of preparing and sending personalized services/offers tailored to the Customer’s needs. Offers are developed on the basis of the Customer’s activity in the services provided by the Seller.
- The Seller assures that all persons whose personal data is processed are entitled to the relevant rights under RODO, i.e. the right of access to personal data, including the right to obtain a copy of such data.
- The Customer is entitled to request the exercise of the rights referred to in paragraph 14 by contacting the Seller via email at info@moments-diy.com.
- To the extent that the Client has given consent to the processing of personal data, the Client has the right to withdraw consent to the processing of personal data at any time. Withdrawal of consent does not affect the legality of data processing that was performed on the basis of consent before its withdrawal.
- If it is determined that the Seller’s processing of the Customer’s personal data violates the provisions of RODO, the Customer has the right to lodge a complaint to the supervisory authority, i.e. the President of the Office for Personal Data Protection.
§11 – Final provisions
- These Regulations shall come into force on 1.10.2024.
- These Regulations may be amended.
- Amendments to the Regulations will be announced each time on the Store’s website.
- Amendments to the Terms and Conditions shall come into effect from the date of their announcement by the Seller. Customers who made an order before the effective date of changes to the Terms and Conditions, the existing Terms and Conditions shall apply.
- In matters not covered by the provisions of these Regulations the Polish law is applicable.
