Regulations of Horsecka Jewelry:

Terms and conditions of producing jewellery items ordered by Customers

 

I.

General Terms and Conditions

 

1.      Horsecka Jewelry Company (hereinafter referred to as HJ) produces jewellery and other jewellery items, according to their own designs and projects that are presented on the website www.horseckajewelry.com in published catalogues, and other places mentioned on the above specified website as a place for the presentation of these items.

 

2.      When making an order, the Customer acknowledges that:

a)      the techniques and technologies applied prevent repetitive outlook of items. First of all, there is limited opportunity to repeat the drawing of surfaces shaped by fire, colours applied in the process of galvanizing of metals and handmade oxidization or application of other colouring preparations,

b)      HJ does not ensure identity of colour, shape or grinding of natural or synthetic stones, although the degree of similarity between the stones used in relation to the original stone should be high enough for the finished item to be considered very similar

 

3.      If the choice of gemstones used in the production of jewellery items is made on a remote basis - i.e. by accepting images of gemstones, HJ shall not be responsible for any colour differences resulting from differences in computer equipment used by the parties and specifics of images.

 

4.      All custom-made products are irredeemable.

 

II.

Submission of Orders

 

1. Essential elements of orders must include an indication of the following:

a)    ordered item - specification of number and name thereof - as per information specified in catalogue or the website of HJ, or otherwise description of the item,

b)    materials to be used in the making of the item,

c)    initial price of the item and possible other factors influencing the price,

d)    dimensions of the item, however - if the Customer independently determines dimensions of the item - HJ shall not be responsible for the correctness of the dimensions,

e)    deadline of finishing of the item or other possible factors that could influence the completion deadline,

f)     the amount of down payment, which represents 45% of the initial price of the item,

g)    the manner of collection of the item and the manner of Customer notification of the item being ready for collections.

 

2.      An order shall be deemed to have been made when as a result of exchange of electronic or written correspondence, or by determination in writing at the time of direct meetings with the Customer, there is an agreement between the Parties with respect to all items listed in article II clause 1. The making of such an arrangement shall be deemed to constitute a binding agreement between the parties.

 

3.      If at least a part of the correspondence relating to determination of terms and conditions of order is held in electronic form, signatures of the Parties shall not be required for the agreement to be effective. However, in such a case the Customer will have to state his/her name and address.

 

III.

Price

 

1.      The final price shall be determined by HJ on the date the item is finished.

 

2.      Any differences between the initial price and the final price may be due to differences in the size of the item, as well as a possible increase in the price of materials, particularly precious metals or precious stones, whose value is an important part (not less than 20%) of the value of the item.

 

3.      If the difference between the initial price and the final price does not exceed 10% HJ shall be required to indicate the reasons for the price increase, and if they are a result of circumstances set out in article III clause 2, the Customer shall be obliged to pay the difference between the down payment and the final price.

 

IV.

Completion Deadline

 

1.      HJ shall be obliged to finish the item by the deadline indicated in the order.

 

2.      The period of time prescribed for production and finishing of the item shall begin to run as of the date of the amount of down payment having been credited to HJ's bank account, or equivalent amount having been paid in cash.

 

3.      HJ shall not be responsible for delays:

a)   resulting from effects of force majeure,

b)   resulting from delay in the supply of components needed to produce the item, not being in possession of HJ at the time of placing of the order (such as precious stones), provided that the Customer was informed of the need of supply.

c)    resulting from actions that were necessary to be performed by another entity (such as marking the object, obtaining official documents or certificates, if necessary), however the HJ undertakes to exercise due care to ensure that these actions are completed as soon as possible ,

d)   resulting from performing the actions requested by the Customer that were not essential for completion of the order. The acceptance of such actions for execution must be confirmed by HJ.

 

4.      The deadline for finishing of the item shall be extended by the time the delay, if the causes thereof were associated with the circumstances set out in article IV clause, however HJ shall be required to notify the Customer to this effect, stating the cause of the delay, and, moreover, to exercise due care and diligence to make sure that the time of delay is as short as possible.

 

5.      The item shall be deemed to have been finished in due time, if the date fixed as deadline or within an acceptable delay, HJ notifies the Customer in writing, electronically or in any other manner agreed upon with the Customer that the item is finished, and quotes the final price thereof.

 

V.

Collection of the Item

 

1.      Finished item shall be collected in one of the following ways:

a)   directly - personal collection by Customer at HJ's showroom or any other place agreed upon by and between the Parties,

b)   delivery of the item by a representative of HJ or by courier to a place indicated by the Customer, assuming that the Parties had provided for this manner of delivery. Delivery to any place in Poland shall be at the cost and expense of HJ, while deliveries abroad shall be charged to the Customer. IF delivery is impossible due to reasons beyond the control of HJ, the subsequent delivery shall be charged to the Customer. The cost of subsequent delivery or delivery abroad should be covered by the Customer in advance upon request of HJ.

 

2.      The ordered item shall be released under the condition that the final is paid in cash, at the latest at the time of personal collection, or by direct transfer, however HJ's bank account must be credited prior to the date of collection or delivery of the item.

 

3.      The Customer shall be obliged to pay the final price and collect the item under the terms and conditions described in art. V clauses 1 and 2, within 30 days from the date having been notified that the item is finished. After that deadline, the item shall become property of HJ, and the down payment is not refundable.

 

4.      If there are special circumstances justifying why the collection deadline stipulated in article 5 clause 3, (e.g. illness, other important random incidents) the Parties shall agree on another collection deadline.

 

VI.

Terms and Conditions of Complaints

 

1.      Any complaints must be submitted by the Customer at the time of collection of the item, unless there was no possibility to detect the defects being complained about.

 

2.      HJ shall be obliged to immediately process complaints submitted in writing is, but not later than within 14 days from the date of submission of the complaint.

 

3.      A compliant shall be deemed to be justified, if the item has any structural defects, was damaged in transit, or - subject to permitted exceptions described in article I, is not in conformity with the order.

 

4.      HJ shall not be responsible for defects caused during transport, if the Customer failed to fulfil the necessary steps to lodge a complaint against the deliverer.

 

5.      HJ shall be required to notify the Customer about the results of the complaint via e-mail or in writing, depending on the method of communication that was adopted between the Parties.

 

6.      If complaint is accepted, HJ shall be obliged to rectify any defects of the item at its own expense, as soon as possible, at the option of HJ: by repairing the item or replacing the item with one free from defects, or otherwise redoing it.

 

7.      Should it prove to be impossible to remedy a defect, replace the item with one free from defects or redo the item, HJ shall be obliged to refund the price paid, as well as reasonable and documented costs of the complaint.

 

8.      HJ shall not be responsible for mechanical damage to purchased items or damage caused by improper care and, moreover, any changes resulting from normal wear and tear of the item or aging of the pearls. Fading of the oxidation is an effect of natural wear and tear of the item.

 

VII.

Termination

 

1.      If a jewellery item is produced upon request, the Customer shall not be entitled to terminate the agreement and return the ordered product, except as described below.

 

2.      If the difference between the initial price and the final price exceeds 10% the Customer shall be entitled to terminate the agreement and obtain refund of the down payment, without the right of the Parties to make any further claims.

 

3.      Termination of the agreement due to the reasons set out in article III clause 3 can be made only in writing, not later than 3 days after receiving information about the amount of the final price.

 

6.      Customer shall be entitled to terminate the agreement, if HJ is late with finishing of the item more than 3 working days - if the delay is due to reasons attributable to HJ, or 5 working days - if the cause of the delay was other than those listed in article IV clause 5, not attributable to HJ, regardless of the circumstances and reasons for the delay - if the delay exceeds 10 working days.

 

7.      Termination of the agreement for the reasons set out in article IV clause 3 can take place no later than within the next 3 working days from the date on which the rights to termination arose.

 

8.      Statement of withdrawal from the agreement should be submitted in writing or electronically - with acknowledgment of receipt.

 

VIII.

Changes of Regulations

 

1.    Change these Regulations shall not be effective with respect to Customers who already placed orders for jewellery items with HJ, before the change of these Regulations, even if the order has not yet been confirmed by HJ, unless the changes are beneficial to our Customers.

 

2.    Amended Regulations come into force on the day they are published on our website - www.horseckajewelry.com