Statute

Wishbone online store terms and conditions

§ 1 Preliminary provisions

1. The Wishbone online store, available at the internet address www.wishbone.pl, is operated by: WISHBONE S.C. JAKUB DADOS PATRYCJA DADOS with its registered office in Smolec (55-080), ul. Leszczynowa 49, NIP (Tax Identification Number): 8961661310, REGON (Statistical Identification Number): 543547117.
2. These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Store and set out the rules for using the online Store as well as the rules and procedures for concluding Distance Sales Agreements with the Customer through the Store.

§ 2 Definitions

1. Store – the online store operated by the Seller at the internet address www.wishbone.pl
2. Seller – WISHBONE S.C. JAKUB DADOS PATRYCJA DADOS with its registered office in Smolec (55-080), ul. Leszczynowa 49, NIP: 8961661310, REGON: 543547117.
3. Consumer – a natural person concluding an Agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
4. Entrepreneur – a natural person, a legal person, or an organizational unit without legal personality which is granted legal capacity by separate legislation, conducting business activity in its own name, who uses the Store.
5. Customer – a Consumer or Entrepreneur concluding an agreement via the Store.
6. Agreement – a distance sales agreement concluded with the Customer within an organized system for 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 moment of the contract conclusion.
7. Terms and Conditions – these Store terms and conditions.
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 finished products and those made to individual order. Some of the Products are handicraft items made by hand (forged or cast) individually for the Customer only after an order is placed, without maintaining stock, according to the Customer's specifications (e.g., size, length, finish).
9. Order – a declaration of intent by the Customer submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
10. Price – the amount indicated for each Product at the time the order is placed by the Customer, which the Customer is obliged to pay, along 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 them in the Store.
12. Registration form – a form available in the Store that enables the creation of an Account.
13. Order form – an interactive form available in the Store that enables placing 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. Cart – a component of the Store's software in which the Products selected by the Customer for purchase are visible, and where it is possible to determine and modify the Order details, in particular the quantity of products.

§ 3 Seller's contact details

WISHBONE S.C. JAKUB DADOS PATRYCJA DADOS ul. Leszczynowa 49 55-080 Smolec contact@wishbone.pl Credit Agricole bank account number: 08 1940 1076 3295 2067 0000 0000

§ 4 Technical requirements

To use the Store, a device with internet access and a current version of a web browser such as Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, or Safari is required. To use certain functionalities of the wishbone.pl online store, including registration and placing orders for Products, an active email account is necessary.

§ 5 General information

1. Reviewing 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 an Agreement is possible both after creating an Account in accordance with § 6 of the Terms and Conditions, and after the Customer provides the necessary data to fulfill the order immediately before placing the Order.
3. The Seller is not responsible for disruptions, including interruptions in the operation of the Store, caused by force majeure, unauthorized actions of third parties, or the incompatibility of the Store with the Customer's technical infrastructure.
4. Prices indicated on the Website are given in Polish Złoty and are gross prices including the VAT tax applicable at the time of concluding the Agreement.
5. Prices do not include the costs of Product delivery.
6. The Seller delivers Products within the European Union.
7. Delivery is payable, and the delivery costs are borne by the Customer.
8. All Products offered in the Store are handicraft items — made by hand (forged or cast) individually for the Customer only after an order is placed, without maintaining stock, according to the Customer's specifications (e.g., size, length, finish). The Products are new, free from physical and legal defects, and legally introduced to the market in the territory of the Republic of Poland.
9. Some Products available in the Store – in particular those made to individual order (including gold jewelry and hand-forged silver) as well as earrings and other jewelry for pierced parts of the body – may not be subject to the right of withdrawal from the contract or exchange. Information about such a restriction can be found directly on the given Product's page and in the Terms and Conditions (§ 11 section 11).

§ 6 Creating an Account in the Store

1. Creating an account involves filling out the Registration form by providing the following data: first name, last name, and choosing an email address as a login and a password.
2. Creating an Account in the Store is free of charge.
3. Logging into the Account is done by providing the email address as the login and the password provided in the Registration form.
4. At any time, the Customer may request the deletion of the Account by the Seller without giving a reason and without incurring any fees for this purpose.
5. The Customer shall send the request for Account deletion to the email address indicated in § 3 of the Terms and Conditions.
6. The Seller undertakes to delete the Account in accordance with the request within 30 working days.

§ 7 Rules for placing an Order and concluding an Agreement

1. Placing an order by the Customer is carried out by performing the following steps in sequence:
1. Selecting a Product or Products available in the Store and clicking the "add to cart" icon.
2. Logging into the Account or using the option to place an Order without logging in by clicking the "add to cart" icon and filling in the required data necessary for the execution of 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 by clicking the appropriate icon.
5. Accepting the Terms and Conditions and the Privacy Policy by checking the appropriate box.
6. Clicking the "place order" icon, which constitutes the Customer's expression of intent to conclude an Agreement.
7. Making the payment in accordance with the choice made.
2. The Agreement is concluded at the moment the Customer receives confirmation of the order, sent to the email address provided when creating the Account or placing the order without logging in.
3. If the Seller is unable to fulfill the subject of the Order in whole or in part because the Product is unavailable, or because it has not been delivered to the Seller, or has been damaged or lost due to unforeseen circumstances, the Seller shall immediately notify the Customer of this fact and will refund the received price or perform a substitute service of the same value as the paid price – at the choice and with the consent of the Customer.

§ 8 Gift cards (Vouchers)

1. The Store offers the possibility of purchasing gift cards (vouchers) in physical or electronic form, entitling the holder to make purchases in the Wishbone online store.
2. Gift cards have a specific expiration date, indicated on the card or in information sent to the Customer electronically.
3. A gift card may only be used during its validity period and is not subject to exchange for cash or return, in whole or in part.
4. In case a gift card is not used before its expiration date, the Customer is requested to contact the Seller at the email address: contact@wishbone.pl in order to consider the matter individually.
5. A gift card is treated as a form of prepayment for future purchases and does not constitute a means of payment within the meaning of applicable legal regulations.

§ 9 Offered delivery and payment methods

1. When placing an Order, the Customer may use the following delivery methods for the ordered Product:
1. Courier shipment
2. Delivery to an InPost parcel locker
3. DPD courier delivery
2. The place of fulfillment of the Agreement by the Seller is the place where the Product will be collected (and in case of doubt, the place where the Product should be collected as indicated by the Customer).
3. The Seller informs the Customer about the price and costs of delivery in the Order summary before it is placed by the Customer.
4. When placing an Order, the Customer may use the following payment methods:

1. Payment by bank transfer to the Seller's account indicated in § 3
2. Electronic payments
3. Payment by payment card.

5. In the event of selecting payment by bank transfer to the Seller's account, the Customer is obliged to pay the Price along with any delivery costs within 5 business days, under pain of the Seller rescinding the Agreement after a prior request for payment sent to the e-mail address provided by the Customer when creating the account or placing the Order.
6. The date of payment is considered the date the price is credited to the Seller's bank account indicated in § 3.

§ 10 Shipping

1. The Seller undertakes to ship the Product no later than within 14 business days.
2. The period referred to in paragraph 1 is calculated from the day following the day the price and any delivery costs are credited to the Seller's account indicated in § 3.
3. Business days, as referred to in this paragraph, mean days from Monday to Friday, excluding Saturdays, Sundays, and public holidays.
4. In the case of products made to individual order, in particular gold jewelry, the lead time may be extended to 20 business days.

§ 11 Right of withdrawal from the agreement

1. In accordance with the Act of 30 May 2014 on Consumer Rights, a Customer who is a Consumer and who has entered into an Agreement may, within fourteen (14) days of receiving the Product, withdraw from the agreement without giving any reason by submitting a declaration of withdrawal from the agreement to the Seller.
2. Withdrawal from the agreement may be effected by submitting a declaration of withdrawal from the Agreement by filling out the form, which can be downloaded HERE, and sending it to the email address contact@wishbone.pl. 2a. The Consumer may also submit a declaration of withdrawal from the agreement electronically, via the "Withdrawal from the agreement" section available on the Seller's website without the need to log in. After providing the order identification details (including order number, e-mail address, and surname), the Consumer may submit a declaration of withdrawal in relation to the entire order or a part of it and receives an automatic confirmation of receipt of the declaration along with the date and time of its submission. A declaration submitted in this way is considered submitted at the moment it is sent. The above does not prejudice the Consumer's right to withdraw from the agreement by means of another clear statement, in particular via e-mail or using the form referred to in paragraph 2. Submitting a declaration of withdrawal does not prejudice the right of withdrawal; in the case of Products excluded on the basis of Article 38 points 3 and 5 of the Consumer Rights Act (§ 11 paragraph 11), the withdrawal remains ineffective despite the proper submission of the declaration. The electronic method of withdrawal has been made available in accordance with the requirements of Directive (EU) 2023/2673 of the European Parliament and of the Council.
3. To observe the deadline for withdrawal from the Agreement, the declaration of withdrawal from the Agreement should be sent in the manner indicated in paragraph 2 or 2a before the expiry of 14 days from the date of receiving the Product.
4. In the event of withdrawal from a sales agreement, the agreement is considered not entered into in relation to the Product to which the withdrawal applies.
5. In the event of withdrawal from the Agreement, the Seller shall refund to the Consumer immediately, no later than 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivering the item, in the manner indicated in the declaration of withdrawal.
6. In the event of withdrawal from an Agreement that was paid for in whole or in part with a Wishbone gift card, the funds corresponding to the value of the used gift card will be refunded exclusively in the form of a Wishbone gift card and are not refundable in monetary form.
7. In the event of withdrawal from the Agreement, the return of the Product by the Consumer should take place immediately, no later than 14 days from the day on which the Consumer withdrew from the agreement, to the address: Kwiaciarnia Magnolia, ul. Strzegomska 208, 54-432 Wrocław.
8. The cost of returning the Product to the Seller is borne by the Consumer.
9. The Seller may withhold the refund of payments made by the Consumer as part of entering into the Agreement until the Product is received from the Consumer or the Consumer provides proof of its return, whichever event occurs first.
10. The Consumer is liable for a decrease in the value of the Product resulting from the use of it in a manner going beyond what is necessary to establish the nature, characteristics, and functioning of the Product, in accordance with Article 34 paragraph 4 of the Consumer Rights Act. If it is found that the returned Product shows signs of use (in particular: scratches, deformations, oxidation caused by contact with sweat or cosmetics, mechanical damage), the Seller is entitled to deduct from the refund amount an amount corresponding to the decrease in the value of the Product, about which the Seller will inform the Consumer along with a justification.
11. In the event that the deadlines for withdrawal from the agreement specified in this paragraph are exceeded, the Seller will resend the returned 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 thus in ordering the refund of funds due to the Customer.
12. The right to withdraw from a distance agreement is not available to the Consumer in relation to an Agreement: a) where the subject of the performance is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to satisfy their individualized needs. Products made to individual order – including gold jewelry, hand-forged silver, and all other Products created exclusively after placing an order, without maintaining stock levels – are excluded from the right to withdraw from the agreement in accordance with Article 38 point 3 of the Consumer Rights Act. Therefore, they are not subject to return or exchange. Information about a given Product being covered by this exclusion is located on the Product card in the Store; b) where the subject of the performance is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery (in accordance with Article 38 point 5 of the Consumer Rights Act). Therefore, the return of earrings and other jewelry for pierced body parts is only possible if the Product is in its original, intact protective packaging with a hygiene seal. In the event of tampering with the seal, a return or exchange is not possible for hygiene reasons; c) where the subject of the performance is an item that deteriorates rapidly or has a short shelf life; d) for the provision of services, if the Seller has fully performed the service with the explicit consent of the Consumer, who was informed before the start of performance that after the performance by the Seller, they would lose the right to withdraw from the Agreement; e) where 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 items that, after delivery, due to their nature, are inseparably connected with other items; g) where the subject of the performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, 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 performance are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery; i) for the delivery of newspapers, periodicals, or magazines, except for subscription contracts; j) for the supply of digital content not recorded on a tangible medium, if the performance has begun with the Consumer's explicit consent before the expiry of the deadline for withdrawal from the agreement and after the Seller has informed them of the loss of the right to withdraw from the Agreement.

§ 12 Lack of conformity of goods with the agreement, warranty, and complaint

A. Lack of conformity of goods with the agreement (statutory liability)

1. The Seller is liable to the Customer who is a Consumer for the lack of conformity of the Product with the Agreement under the terms set out in Articles 43a–43g of the Act of 30 May 2014 on Consumer Rights. The Seller is liable for the lack of conformity of the goods with the agreement existing at the time of its delivery and revealed within 2 years from that time.
2. In the event of a lack of conformity of the Product with the Agreement, the Consumer is entitled, in order, to the following rights: to demand repair or replacement of the Product, and if this is impossible or would involve excessive costs – to a price reduction or withdrawal from the agreement, in accordance with Articles 43d–43e of the Consumer Rights Act.
3. Lack of conformity of goods with the agreement does not cover characteristics resulting from the natural properties of materials, in particular: The above features are described in the "Jewelry Care" section and on the Product cards and do not constitute a defect of the Product within the meaning of Article 43b of the Consumer Rights Act.
• natural darkening (oxidation) of 925 sterling silver in contact with air, humidity, sweat, cosmetics, perfumes, and chlorine;
• natural wear of the gold-plating layer occurring during the wearing process;
• natural differences in the appearance, shape, texture, and color of pearls and natural stones.
4. A complaint due to the lack of conformity of the Product with the Agreement may be submitted by the Customer to the e-mail address: contact@wishbone.pl or in writing to the address of the Seller's registered office indicated in § 3.

B. Quality guarantee (voluntary commitment of the Seller)

5. Regardless of the Seller's statutory liability for the lack of conformity of goods with the agreement, the Seller grants the Customer an additional quality guarantee for a period of 180 days from the date of purchase for Products purchased starting from February 26, 2025.
6. The guarantee covers defects resulting from the manufacturer's fault. The guarantee does not cover:
• discounted products;
• defects resulting from natural wear caused by normal use;
• mechanical damage;
• obvious defects visible on the date of purchase, assuming that the buyer knew about them at the time of purchase;
• dirt;
• damage caused by improper use, including contact with chlorine, cosmetics, perfumes, and wearing while sleeping, bathing, and playing sports.
7. Using the quality guarantee does not exclude, limit, or suspend the Customer's rights resulting from the regulations on the lack of conformity of goods with the agreement (Articles 43a–43g of the Consumer Rights Act).

C. Complaint submission procedure

8. A complaint may be submitted by sending to the address indicated in § 3 the form filled out in the COMPLAINT section, available HERE, along with the Product subject to the complaint and proof of the conclusion of the Agreement. A complaint may also be submitted to the e-mail address contact@wishbone.pl.
9. If the data or information provided in the complaint require supplementation, the Seller will request the Customer submitting the complaint to supplement it to the indicated extent before processing the complaint.
10. The Seller considers the complaint within 14 days of the date of its receipt and sends information to the Customer on the method of processing the complaint to the e-mail address indicated in the form.
11. When replacement or repair of the Product proves possible, the Seller will notify the Customer and provide all information regarding the further course of proceedings.
12. In cases justifying a price refund, the amount for the Product purchased by the Customer will be refunded within 14 days of the complaint being processed in the manner indicated in the form.
13. The Seller does not accept any shipments sent as cash on delivery.

D. Non-Consumer Customers

14. A Customer purchasing a Product for purposes directly related to their professional or business activity (a Customer who is not a Consumer) has the right to file a complaint in accordance with the provisions of the law, with the Seller's liability under the warranty for physical defects of the Products being limited to the Customer's right to demand the removal of the defect or replacement. At its discretion, the Seller shall immediately remove the defect or replace the defective Product with a non-defective one. The Seller may also withdraw from the contract by refunding 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 with respect to Customers who are not Consumers is excluded.

E. Transitional provisions

15. Complaints regarding Products purchased before February 26, 2025, i.e., before the "Wishbone" brand was transferred to the current Seller, will be redirected to the previous owner of the brand. For Products purchased starting from February 26, 2025, the current Seller is responsible in accordance with these Regulations. This provision is temporary and is valid until February 27, 2027, after which it may be removed or modified.

§ 13 Out-of-court complaint handling and claim investigation methods

1. A Customer who is a consumer may use out-of-court methods for handling complaints and investigating claims, including:
1. directing the case to a permanent amicable consumer court operating under the Trade Inspection with a request to resolve the dispute;
2. applying to the provincial inspector of the Trade Inspection for the initiation of mediation proceedings regarding the amicable settlement of the dispute;
3. using free assistance in the field of out-of-court dispute resolution and claim investigation provided by district (municipal) consumer ombudsmen or social organizations whose statutory tasks include consumer protection.

§ 14 Personal data

1. The controller of the Customers' personal data is the Seller, whose full details are indicated in § 3 of the Regulations.
2. Detailed rules for the processing of personal data, legal bases, purposes, retention periods, data recipients, rights of data subjects, and information regarding the transfer of data to third countries are defined in the Privacy Policy available at: https://wishbone.pl/policies/privacy-policy.

§ 15 Permanent discounts for subscribers

Permanent discounts offered to Wishbone subscribers cover only products made of silver. These discounts do not apply to products made of gold (including 585 gold), personalized products, or limited collections, unless otherwise stated. Discounts cannot be combined with other promotions and do not apply to individual orders.

§ 16 Final provisions

1. Agreements 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 replace the regulations in force from February 25, 2025. For Agreements concluded before the effective date of these Regulations, the regulations in force on the date of concluding the Agreement shall apply.
4. The Regulations may be subject to change.
5. Changes to the Regulations will come into force 14 days after the information about the planned changes is posted on the Store's website and after customers are informed about their planned introduction via the e-mail addresses provided by them when creating an account or placing an order.