DISTANCE SELLING REGULATIONS
1. [RULES AND REGULATIONS] The regulations specify the principles for using the online store bergstern.ch in the online domain bergstern.ch (“Service" or “bergstern.ch”) by consumers, as defined in applicable legislation. The sale of goods in the Service, as well as after-sales service, is regulated, among others, by: EU consumer rights provisions. The Regulations neither exclude nor restrict consumer rights - in the case of conflicts with mandatory legal provisions, the provisions of law take precedence over the Regulations, but the remainder of the Regulations shall continue in full force and effect. The Regulations are available to Customers at the headquarters of the Administrator as well as online at www.bergstern.ch.
2. [ADMINISTRATOR AND SERVICE] The service is provided by E-R2 spółka z ograniczoną odpowiedzialnością S.K.A. with headquarters in Suchy Las (62-002) in Poland, at ul. Powstańców Wielkopolskich 91, entered into the Business Register kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under number KRS 0000441930, VAT No 9721241916, share capital of PLN 50,000, e-mail: firstname.lastname@example.org, phone: +48 61 895 57 88. The service is intended for use by natural persons having full capacity to enter into legal transactions. In order to fully utilise the features of the Service and make purchases, it is necessary to register with the Service – during registration, the Customer must expressly accept the Regulations. No information entered into the Service may contain illegal contents. To obtain more information about the Service or submit any inquiries, contact us at: telephone +48 61 895 57 88, e-mail: email@example.com. In order to properly make use of the Service, users should have a computer and software which meet the following minimum requirements: an up-to-date web browser, e.g. Internet Explorer, Firefox or Chrome, a screen with minimum display resolution of 1024x768, with active Cookies and Java Script, Adobe Acrobat Reader installed and an active email account. The Service places cookies on the user’s computer to store information for the purposes of functionality – e.g. to save viewing preferences. Their purpose is to make it easier to use the site on future visits. The user can decide which cookies are used and how they are stored via the settings on his/her web browser (Mozilla Firefox, Internet Explorer, Google Chrome, Opera, Safari). The default browser settings allow saving cookies by the Service.
3. [GOODS] Product specifications are available in the Service (jewellery, watches, wedding rings) and in product descriptions. Customers are requested to bear in mind the specific properties of jewellery items: their uniqueness (every product is marginally different) and small size, and that their presentation in the Service is purely informative. It should also be remembered that the size and settings of the user’s monitor can affect the appearance of the goods.
4. [PRICES, COSTS AND PAYMENTS] All prices are given in PLN and include VAT, but exclude delivery costs or any possible customs charges. The Customer may freely choose another form of delivery, other than standard. In such cases, the Administrator covers a portion of the costs of such a delivery, i.e. to the amount required for standard delivery). The Administrator declares that all special offers cover a limited number of products and that orders are processed in the sequence in which they are received until the goods on offer are sold out. The Customer selects one of the methods of payment for the goods ordered: a) when placing the order – using the forms of payment directly indicated in the Service or b) by bank transfer to the Administrator’s bank account within 7 days after the Customer has received order confirmation. In situations where an order is rejected by the Administrator, any payment made by the Customer will be returned in its entirety using the same method as the Customer used in the first instance, namely to the bank account from which payment was made.
5. [SALE AGREEMENT] In accordance with existing law, a sales agreement is concluded as soon as two parties make a joint statement , namely: the Customer effectively places an order and the Administrator confirms the order. Acceptance of an order by the Administrator is made electronically by sending order confirmation on a read-only medium to the email address given by the Customer. In accordance with applicable legislation, every item sold is accompanied by the relevant documentation, e.g. VAT invoice or fiscal receipt
6. [PLACING AN ORDER] To place an order using the Service, it is necessary to log in, and then complete all the necessary fields in the order form and send the form via the Service to the Administrator. Information about completing a transaction can be found in Attachment 2. The Administrator will inform the Customer via email to the address provided by the Customer that the order has been placed in the store (order acceptance). Customers are advised that this is the first of three confirmations that the Customer will receive via email to the address provided by him/her, of which two are essential to conclude a sales agreement with Administrator, and that only the second one (order confirmation) means that an agreement has been concluded as referred to in point 5). The third confirmation (conclusion of a distant contract) is sent to the Customer electronically on a read-only medium, immediately after the agreement is concluded and the Customer has received order confirmation. Orders can be placed at any time and are valid for 7 days, which are calculated as follows: a) if the first confirmation is sent to the Customer on a working day between 7.30 and 15.30, the Customer’s order is considered placed on that day, b) if the first confirmation is sent to the Customer at a time other than that specified above, the Customer’s order is considered placed on the next working day after the confirmation is sent. A working day is any day from Monday to Friday, except for public holidays. Each item requires a separate order.
7. [ORDER MODIFICATION] The Customer may modify or cancel an order placed electronically by sending a notice to the address: firstname.lastname@example.org – or by telephone (+48 61 895 57 88) at any time, unless the Administrator started order processing as in point 8.
8. [ORDER COMPLETION] The Administrator starts order processing simultaneously with order confirmation: a) for items marked in the Service as “currently available” – using items available in the Service and preparing them for dispatch, b) in respect of goods not currently available, ordering them from the manufacturer or initiating their production. The Administrator completes orders within the timeframe provided in the Service, counted in working days. This period shall be extended by the delivery time, counted in days from the order confirmation date. If the Customer places several orders at the same time with different completion dates, the order is sent when it is completed in its entirety, i.e. once the item with the longest lead time is ready.
9. [DELIVERY] Delivery of goods ordered on bergstern.ch is made by courier companies in accordance with their own regulations concerning, among other things, delivery times, costs and methods of delivery. The regulations of the courier companies used by the Administrator are available here (General Logistics Systems). Packages from bergstern.ch are always packed in “Bergstern” branded packaging. Customers need to be aware that valuable parcels, such as those sent from the Service, are at risk of being lost and that applicable legislation also imposes certain obligations upon the recipient of a parcel. Customers should always check the package in the presence of the courier. Customers are entitled to open the package and check whether the content is consistent with the order and the goods are not damaged. If the goods delivered do not match the goods ordered, are damaged, or packed in a different way as described above, Customers are asked not to accept delivery and to immediately contact Administrator.
10. [CANCELLATION] A consumer who enters into a distant contract may, within fourteen (14) days of delivery of goods to the Customer or to a third party designated by the Customer other than the courier, cancel the agreement without giving a reason, sending the Administrator a declaration of cancellation. To meet this deadline, it is necessary only to send a declaration of cancellation before the term lapses to the email address or postal address of the Administrator provided in point 2 above. The Administrator will extend the cancellation deadline for distant contracts without giving a reason to thirty (30) days from the date of delivery to the Customer or a third party designated by him/her other than the courier. The right to withdraw from a distant contract is not available to the consumer, among others where the subject of the service is a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy his/her individual needs. An example of such things can be products made to individual order, personalized products (e.g. by engraving). In order to cancel an agreement, the consumer may use the cancellation form in Attachment 3 to the Regulations, or to make such a declaration in any of the legally accepted methods. In cancelling a distant contract, the Customer incurs the direct costs related to returning the item to the Administrator.
11. [COMPLAINTS] In completing orders the Administrator agrees to deliver goods free of defects. The Customer has the right to complain in cases covered by applicable legislation, under warranty or guarantee provided. The Customer is free to choose to complain either under warranty or guarantee. Product complaints can be placed using any of the legally accepted methods, e.g. by sending a complaint in writing by post to the postal address of the Administrator given above. A model complaint form is contained in Attachment 4. The Customer may complain about an item without using the attached complaint forms. We point out that all complaints should be accompanied by proof of purchase of the item (a VAT invoice, or fiscal receipt, warranty card or other legally acceptable proof of purchase), and that the Administrator may process the complaint subject to direct examination of the defective item. The Administrator ensures the free of charge receipt of the defective item from the Customer by a courier chosen by the Administrator at an address designated by the Customer, within three working days from the Customer’s notification to the Administrator of the return of the item, excluding the notification date. The Administrator does not require the Customer to use the specified courier company, but reminds the Customer that the transport of products made from precious metals or gemstones is subject to specific – significantly higher than usual – carriage rates. The retailer will examine the complaint forthwith, not later than within 14 days from its receipt. The retailer will inform the Customer of the result of the complaint handling process in the manner requested by the Customer (e.g. e-mail or registered mail).
We wish to inform you that the Customer, as a consumer, may also use the following out-of-court methods of settling a compliant and asserting a claim, e.g.:
- the Customer may refer the matter to the Permanent Consumer Court of Arbitration in Poznań, in accordance with the regulations of the arbitration court as well as the relevant legislation. This information is not an arbitration clause. The online shop will decide whether to include an arbitration provision on a case-by-case basis, should a dispute arise.
- the Customer may refer the matter to the Regional Trade Inspector, requesting mediation in resolving the dispute between the Customer and the online shop in an amicable manner.
Detailed information on the availability of amicable means of settling a complaint and asserting a claim as well as the access to these procedures is available in the offices and on the webpages of the relevant district consumer ombudsmen, social organisations with the statutory task of providing consumer protection and Regional Trade Inspectorates.
- the Customer can use the European ODR (Online Dispute Resolution) platform, available at http://ec.europa.eu/consumers/odr/. Should a dispute arise, the online shop will decide whether to agree to the use of ODR on a case-by-case basis.
12. [PERSONAL DETAILS] The Administrator is the controller of personal data of the Customers and data provided by the Customer.
Personal data is processed by the Administrator in accordance with the EU regulations and only for purposes related to bergstern.ch, including for the purpose of conclusion and performance of sales agreements (handling sales transactions, communication with the Customers and processing complaints) and recording transactions.
Personal data are processed on the basis of: a) acceptance by the Customer of the Regulations (in the course of setting up an account or placing an order), b) the need to execute a sales agreement for the Customer, and/or c) legitimate interest of the Administrator (e.g. defence of claims or in a case of personal data of recipients of ordered product provided by Customers).
The provision of personal data to the Administrator is voluntary, however, the lack of providing specific personal data may result in the impossibility or the inability to conclude or perform a sales contract or provide a proper after-sales service.
On the basis of the concluded co-processing agreement, personal data may be transferred between the Administrator and its affiliates, i.e.:
• Apart sp. z o.o., ul. Stara Droga 3, 62-002 Suchy Las;
• E-R2 sp. z o.o., ul. Powstańców Wielkopolskich 91, 62-002 Suchy Las;
• R2 Center sp. o.o., ul. Powstańców Wielkopolskich 91, 62-002 Suchy Las.
Recipients of personal data are: persons acting on behalf of the above listed companies, responsible for processing and execution of orders placed by Customers in the Service, as well as after-sales service (e.g. resolving complaints, recording purchases for the purposes of the loyalty program if applicable) and entities providing services to the Administrator, and related to the execution of orders (e.g. postal or courier companies). Entities authorized to receive data under applicable law, including the competent judicial authorities may also be recipients of personal data in certain cases.
Personal data may be transferred to third countries (outside countries belonging to the European Union) due to the delivery of products outside the European Union if ordered through the Administrator.
Personal data is stored for the period necessary for the execution of orders or for keeping the Customer's account in the Service. After this period, the data may be processed based on: legal obligations of the Administrator (e.g. in the scope of storing accounting documents) or legitimate interest (defence of claims against the Administrator).
The Administrator provides persons whose personal data are processed with the exercise of rights resulting under the law, including the right to access personal data, to rectify, modify, delete or transfer the data, as well as the right to request limitation of personal data processing and to object to such data processing according to the rules set out in the applicable regulations. In addition, in the case of voluntary consent to the processing of data, any person whose data is processed has the right to revoke the consent for data processing. Every person whose data is processed also has the right to file a complaint to the authorities as head of the Office for Personal Data Protection in any relevant member state of European Union.
Personal data relating to Customers and other persons whose data has been made available by the Customer are protected by the Administrator against unauthorized access, as well as other cases of disclosure or loss or unauthorized modification of indicated data and information through the use of appropriate technical and organizational security measures.
13. A copy of the Regulations is available to all Customers at the headquarters of the Administrator as well as online at bergstern.ch. The sale of goods in the Service, and also after-sales service, are conducted on the basis of generally applicable law. In the case of conflicts with mandatory legal provisions, the provisions of law take precedence over the Regulations, but the remainder of the Regulations shall continue in full force and effect.