Statute


Terms and Conditions of the Wishbone online store

§ 1

Introductory provisions


1. The Wishbone online store, available at www.wishbone.pl , is run by:

Jakub Dados, running a business called Jakub Dados, with its registered office in Smolec (55-080), 49 Leszczynowa Street, NIP: 8942687805 , REGON: 020992865.

2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer remotely via the Store.


§ 2

Definitions

1. Store - online store run by the Seller at the Internet address - www.wishbone.pl

2. Seller - Jakub Dados, running a business called Jakub Dados, with its registered office in Smolec (55-080), ul. Leszczynowa 49, NIP: 8942687805 , REGON: 020992865.

Consumer - a natural person concluding an Agreement with the Seller within the Store, the subject of which is not directly related to the business or professional activity conducted by him/her.

4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, which uses the Store.

5. Customer – a Consumer or Entrepreneur concluding a contract via the Store.

6. Contract – a sales contract concluded at a distance with the Customer as part of an organised system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.

7. Regulations - these regulations of the Store.

8. Product – a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller, including both ready-made products and those made to individual order (e.g. jewelry created only after placing an order, without prior storage).

9. Order - a declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding a Product Sales Agreement or Products with the Seller.

10. Price – the amount indicated for each Product at the time of placing the order by the Customer, which the Customer is obliged to pay, together with delivery costs, in connection with the conclusion of the Agreement.

11. Account - a customer account in the Store, which collects data provided by the Customer and information about Orders placed by him in the Store.

12. Registration form - a form available in the Store, enabling the creation of an Account.

13. Order Form - an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Agreement, including the method of delivery and payment.

14. Shopping Cart – an element of the Store software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.


§ 3

Seller's contact details

Jacob Dados

Leszczynow Street 49

55-080 Smolec

contact@wishbone.pl

Credit Agricole bank account number: 98 1940 1076 3276 1539 0000 0000


§ 4

Technical requirements

To use the Store, you must have a device with internet access and a current version of Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, or Safari. An active email account is required to use some of the features of the wishbone.pl online store, including registration and placing orders for Products.

§ 5

General information

1. Familiarizing yourself with the Store's offer and concluding an Agreement with the Seller via the Store does not require creating an Account in the Store.

2. Placing an order in the store and concluding the Agreement is possible both after creating an Account in accordance with § 6 of the Regulations and after the Customer provides the necessary data enabling the execution of the order immediately before placing the Order.

3. The Seller shall not be liable for any disruptions, including interruptions in the operation of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Store with the Customer's technical infrastructure.

4. The prices indicated on the Website are given in Polish zloty and are gross prices including VAT applicable at the time of conclusion of the Agreement.

5. Prices do not include the costs of delivery of the Product.

6. The Seller delivers Products within the European Union.

7. Delivery is subject to payment and the delivery costs are borne by the Customer.

8. Some Products available in the Store – especially those made to order – may not be subject to the right of withdrawal or exchange. Information about this restriction can be found directly on the Product page and in the Terms and Conditions (§ 10, paragraph 10).


§ 6

Creating an Account in the Store

1. Creating an account involves completing the Registration Form by providing the following data: name, surname and choosing an e-mail address as a login and password.

2. Creating an Account in the Store is free of charge.

3. Logging in to the Account is done by entering the e-mail address as the login and password provided in the Registration Form.

4. At any time, the Customer may, without giving any reason and without incurring any fees, request the Seller to delete the Account.

5. The Customer shall send a request to delete the Account to the e-mail address indicated in § 3 of the Regulations.

6. The Seller undertakes to delete the Account as requested within 30 business days.


§ 7

Rules for placing an Order and concluding a Contract

1. The customer places an order by completing the following steps:

1) Selecting the Product or Products available in the Store and clicking the "add to cart" icon.

2) Logging in to the Account or using the option to place an Order without logging in by clicking the "add to cart" icon and completing the indicated data necessary to complete the Order.

3) Selecting the payment method available in the Store by clicking the appropriate icon.

4) Selecting the delivery method available in the Store or using the personal collection option by clicking the appropriate icon.

5) Clicking the "I am ordering" icon, which constitutes an expression of the customer's will to conclude the Agreement

6) Making the payment in accordance with your selection.

2. The Agreement is concluded when the Customer receives confirmation of the order sent to the e-mail address provided when creating an Account or placing an order without logging in.

3. If the Seller is unable to fulfill the subject of the Order in whole or in part due to the fact that the Product is not available, or due to unforeseen circumstances it has not been delivered to the Seller or has been damaged or lost, then the Seller shall immediately notify the Customer and refund the price received or provide a substitute service of the same value as the price paid - at the Customer's discretion and with the Customer's consent.


§ 8

Offered delivery and payment methods

1. When placing an Order, the Customer may use the following methods of delivery or collection of the ordered Product:

1) Courier delivery

2) Cash on delivery courier delivery

3) Personal collection at the address indicated in § 3 after prior arrangement of the date and time with the Seller via the e-mail address indicated in § 3.

2. In the event of choosing courier delivery with cash on delivery, the Customer is obliged to refund the costs of sending the courier delivery with cash on delivery to the Seller in the event of failure to collect the shipment with the Product.

3. The place of performance of the Contract by the Seller is the place where the Product is collected (and in case of doubt, the place where the Product should be collected according to the Customer's indication).

4. The Seller informs the Customer about the price and delivery costs in the Order summary before the Customer places the Order.

5. When placing an Order, the Customer may use the following payment methods:

1) Payment upon personal collection

2) Cash on delivery

3) Payment by transfer to the Seller's account indicated in § 3

4) Electronic payments

5) Payment by card.

6. In the event of the choice referred to in paragraph 4 point c., the Customer is obliged to pay the Price together with any delivery costs within 5 business days under pain of withdrawal by the Seller from the Agreement after a prior request for payment from the Customer sent to the e-mail address provided by the Customer when creating an account or placing an Order.

7. The date of payment is the date on which the price is credited to the Seller's bank account indicated in § 3.

§ 9

Shipment

1. The Seller undertakes to send the Product within 14 business days at the latest.

2. Upon crediting the price and any delivery costs to the Seller's account indicated in § 3.

3. From the conclusion of the contract in the case of choosing cash on delivery or payment upon personal collection

4. In the case of products made to order, in particular gold jewelry, the delivery time may be extended to 20 business days.

§ 10

Right of withdrawal

1. Pursuant to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), the Customer who is a consumer who has concluded the Agreement may, within fourteen (14) days from the date of receipt of the Product, withdraw from the Agreement without giving any reason by submitting a declaration of withdrawal to the Seller.

2. Withdrawal from the contract may be effected by submitting a declaration of withdrawal from the Contract by completing the form which can be downloaded HERE and sending it to the email address contact@wishbone.pl

3. In order to meet the deadline for withdrawal from the Contract, the declaration of withdrawal from the Contract should be sent in the manner indicated in paragraph 2 within 14 days from the date of receipt of the Product.

4. In the event of withdrawal from the sales contract, the contract is deemed not to have been concluded in relation to the Product from which the Consumer withdrew from the purchase.

5. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods in the manner indicated in the declaration of withdrawal.

6. In the event of withdrawal from the Agreement, the Product should be returned by the Consumer immediately, no later than within 14 days from the date on which the Consumer withdrew from the Agreement, to the following address: Kwiaciarnia Magnolia, ul. Strzegomska 208, 54-432 Wrocław

7. The cost of returning the Product to the Seller is borne by the Consumer.

8. The Seller may withhold the reimbursement of payments made by the Consumer under the conclusion of the Agreement until the Product is received from the Consumer.

9. If the withdrawal deadlines specified in this article are exceeded, the Seller will return the Product to the Consumer at the Consumer's expense. Failure by the Customer to comply with the withdrawal procedure described above may result in a significant delay in completing the withdrawal procedure and, consequently, in the refund of funds owed to the Customer.

10. The right to withdraw from a distance contract does not apply to the Consumer in relation to the Contract:

a) where the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet their individual needs. Products made to individual order, including gold jewelry, are excluded from the right of withdrawal pursuant to Article 38, Section 3 of the Consumer Rights Act. Therefore, they are not subject to return or exchange. Please shop carefully.

b) where the subject of the service is a sealed item that cannot be returned for hygiene reasons after opening the packaging if the packaging was opened after delivery ( in accordance with Article 38, Section 5 of the Consumer Rights Act). Therefore, the return of earrings and other piercing jewelry is only possible if the product is in its original, intact protective packaging. If this seal is broken (e.g., torn or tampered with), a refund or exchange will not be possible for hygiene reasons.

c) in which the subject of the performance is an item that spoils quickly or has a short shelf life,

d) for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has performed the service, he will lose the right to withdraw from the Agreement,

e) 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 Agreement,

f) where the subject of the performance are things that after delivery, due to their nature, are inseparably connected with other things,

g) where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control,

h) where the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,

i) for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements,

j) for the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract,


§ 11

Complaints and warranty

1. All Wishbone products purchased on or after February 26, 2025, are covered by a 180-day warranty from the date of purchase from the current seller. This warranty covers all manufacturer defects. Products purchased before February 26, 2025, are the responsibility of the previous brand owner, in accordance with the terms and conditions in effect at the time of sale.

2. The warranty does not cover:

1) discounted products

2) defects resulting from natural wear and tear caused by ordinary use

3) mechanical damage

4) obvious defects visible on the day of purchase, assuming that the buyer was aware of them at the time of purchase

5) dirt

6) damage resulting from improper use

3. The Customer may file a complaint against the Seller, in particular in the event of non-compliance of the Product with the Agreement or defects in the Product, as well as if the Seller's actions are carried out incorrectly or contrary to the provisions of the Regulations.

4. A complaint may be submitted by sending the completed form available HERE in the COMPLAINT section to the address indicated in § 3, together with the Product subject to the complaint and proof of conclusion of the Agreement.

5. If the data or information provided in the complaint requires supplementation, before considering the complaint, the Seller will ask the Customer submitting the complaint to supplement it to the extent indicated.

6. The Seller will consider the complaint within 14 days from the date of its receipt and will send information on how the complaint will be handled to the Customer at the e-mail address indicated in the form.

7. When it is possible to replace or repair the Product, the Seller will notify the Customer and provide all information regarding the further course of action.

8. In the event of a refund, the amount due for the Product purchased by the Customer will be refunded within 14 days of considering the complaint in the manner indicated in the form.

9. The Seller does not accept any parcels sent cash on delivery.

10. A Customer purchasing a product for purposes directly related to their professional or business activities (a Customer who is not a Consumer) has the right to file a complaint in accordance with the law, but the Seller's liability under the warranty for physical defects in products is limited to the Customer's right to request removal of the defect or replacement. The Seller, at its discretion, will immediately remove the defect or replace the defective product with a defect-free one. The Seller may also withdraw from the contract and refund the price paid for the product affected by the physical defect. In all other respects, the Seller's liability under the warranty for product defects towards Customers who are not Consumers is excluded.

11. Complaints regarding products purchased before February 26, 2025, i.e., before the transfer of the 'Wishbone' brand to the current Seller, will be redirected to the previous brand owner. For products purchased from February 26, 2025 onward, the current Seller is responsible in accordance with these terms and conditions. This provision is temporary and valid until December 31, 2025, after which it may be removed or modified.


§ 12

Extrajudicial methods of handling complaints and pursuing claims

1. A customer who is a consumer may use out-of-court complaint and redress procedures, including:

1) may refer the case to a permanent consumer arbitration court operating at the trade inspection with a request to resolve the dispute;

2) may apply to the provincial inspector of the trade inspection to initiate mediation proceedings to amicably resolve the dispute;

3) may benefit from free assistance in matters relating to out-of-court dispute resolution and claim settlement from district (municipal) consumer ombudsmen and social organisations whose statutory tasks include consumer protection;

4) may use the European ODR (Online Dispute Resolution) platform available at http://ec.europa.eu/consumers/odr/ .


§ 13

Personal data

1. The administrator of Customers' personal data collected via the Online Store is the Seller.

2. Customers' personal data collected by the administrator via the Store are collected for the purpose of implementing the Agreement and, if the Customer consents, also for marketing purposes.

3. Personal data are processed on the basis of the Customer's acceptance of the Regulations (at the stage of completing the Delivery and Payment form) and, if necessary, to perform the contract on behalf of the Customer, or the legitimate interest of the Administrator (e.g. defense against claims or, in the case of data of third parties provided by Customers, indication of another person's delivery address).

4. The recipients of personal data of Customers of the Online Store may be:

1) In the case of a Customer who uses the courier delivery method in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out the shipment on behalf of the Administrator.

2) In the case of a Customer who uses electronic payments or a payment card in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.

5. The Customer has the right to access and correct his/her data.

6. Providing personal data is voluntary, however, failure to provide the personal data specified in the Regulations and required to conclude the Agreement will result in the inability to conclude the Agreement.

§ 14

Final provisions

1. Contracts concluded through the Store are concluded in Polish.

2. In matters not regulated in these Regulations, generally applicable provisions of law shall apply.

3. These Regulations enter into force on 25/02/2025 and do not apply to Agreements concluded before the date of their entry into force.

4. The regulations may be subject to change.

5. Amendments to the Regulations will come into effect 14 days after information about the planned changes is posted on the Store's website and customers are informed about their planned introduction via the e-mail addresses they provided when creating an account or placing an order.