Statute
Wishbone Online Store Regulations
§ 1 Preliminary Provisions
- The Wishbone online store, available at 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: 8961661310, REGON: 543547117.
- These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online Store and the rules and procedure for concluding Sales Agreements with the Customer remotely via the Store.
§ 2 Definitions
- Store – the online store operated by the Seller at the internet address www.wishbone.pl
- Seller – WISHBONE S.C. JAKUB DADOS PATRYCJA DADOS with its registered office in Smolec (55-080), ul. Leszczynowa 49, NIP: 8961661310, REGON: 543547117.
- 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.
- Entrepreneur – a natural person, legal person, or organizational unit without legal personality, granted legal capacity by a separate act, conducting business activity in its own name, who uses the Store.
- Customer – a Consumer or Entrepreneur concluding an agreement via the Store.
- Agreement – a distance sales agreement concluded with the Customer as part of an organized system for concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the conclusion of the agreement.
- Regulations – these Store regulations.
- Product – a movable item available in the Store that is the subject of a 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).
- Order – a declaration of the Customer's will submitted using the Order Form and directly aiming at concluding a Sales Agreement for a Product or Products with the Seller.
- 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.
- Account – the customer's account in the Store, which collects data provided by the Customer and information about orders placed by them in the Store.
- Registration Form – a form available in the Store, enabling the creation of an Account.
- 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 delivery and payment methods.
- Cart – a component of the Store's software where the Products selected by the Customer for purchase are visible, and where it is also possible to determine and modify 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 web browser such as Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, or Safari in its current version 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
- Familiarizing oneself with the Store's offer and concluding an Agreement with the Seller via the Store does not require creating an Account in the Store.
- Placing an order in the Store and concluding an Agreement is possible both after creating an Account in accordance with § 6 of the Regulations and after the Customer provides the necessary data enabling order fulfillment directly before placing the Order.
- 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 incompatibility of the Store with the Customer's technical infrastructure.
- The prices indicated on the Website are given in Polish zlotys and are gross prices including VAT applicable at the time of concluding the Agreement.
- Prices do not include the cost of Product delivery.
- The Seller delivers Products within the European Union.
- Delivery is paid, and delivery costs are borne by the Customer.
- 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 areas - may not be subject to the right of withdrawal from the contract or exchange. Information about such a restriction is provided directly on the Product page and in the Regulations (§ 11 para. 11).
§ 6 Creating an Account in the Store
- Creating an account involves filling out the Registration Form by providing the following data: first name, last name, and selecting an email address as a login and password.
- Creating an Account in the Store is free of charge.
- Logging into the Account is done by providing the email address as a login and the password provided in the Registration Form.
- At any time, the Customer has the right to request the Seller to delete the Account without giving any reason and without incurring any fees.
- The Customer sends the request to delete the Account to the email address indicated in § 3 of the Regulations.
- 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
- Placing an order by the Customer is done by performing the following actions in sequence:
- Selecting a Product or Products available in the Store and clicking the "add to cart" icon.
- Logging into 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 for Order fulfillment.
- Choosing a payment method available in the Store by clicking the appropriate icon.
- Choosing a delivery method available in the Store or using the option of personal pickup, by clicking the appropriate icon.
- Accepting the Regulations and Privacy Policy by checking the appropriate box.
- Clicking the "order" icon, which constitutes the Customer's declaration of intent to conclude the Agreement.
- Making the payment in accordance with the selected option.
- The Agreement is concluded at the moment the Customer receives confirmation of the order placed, sent to the email address provided when creating the Account or placing the order without the need to log in.
- If the Seller cannot fulfill the subject of the Order in whole or in part due to the Product not being available, or due to unforeseen circumstances, not being delivered to the Seller, or being damaged or lost, the Seller will immediately notify the Customer and refund the received price or provide substitute performance of the same value as the paid price - at the Customer's choice and with their consent.
§ 8 Gift Cards (Vouchers)
- The Store offers the possibility to purchase gift cards (vouchers) in physical or electronic form, entitling to make purchases in the Wishbone online store.
- Gift cards have a specific validity date, indicated on the card or in the information sent to the Customer electronically.
- A gift card can only be used during its validity period and is not exchangeable for cash or refundable, in whole or in part.
- In case of non-use of the gift card before its expiry date, the Customer is asked to contact the Seller at the email address: contact@wishbone.pl to individually consider the matter.
- 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 provisions.
§ 9 Offered Delivery and Payment Methods
- When placing an Order, the Customer may use the following methods of delivery or collection of the ordered Product:
- Courier shipment
- Cash on delivery courier shipment
- Personal collection at the address indicated in § 3 after prior arrangement of the date and time with the Seller via the email address indicated in § 3.
- In the case of choosing cash on delivery courier shipment, the Customer is obliged, in the event of non-collection of the shipment with the Product, to reimburse the Seller for the costs of sending the cash on delivery courier shipment.
- The place of performance 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).
- The Seller informs the Customer about the price and delivery costs in the Order summary, before it is placed by the Customer.
- When placing an Order, the Customer may use the following payment methods:
- Payment on personal collection
- Cash on delivery payment
- Payment by bank transfer to the Seller's account indicated in § 3
- Electronic payments
- Payment by credit card.
- In the case of choosing payment by bank transfer to the Seller's account, the Customer is obliged to pay the Price together with any delivery costs within 5 working days, under penalty of the Seller withdrawing from the Agreement after prior demand for payment sent to the email address indicated by the Customer when creating the account or placing the Order.
- The payment date is considered to be the date the price is credited to the Seller's bank account indicated in § 3.
§ 10 Shipment
- The Seller undertakes to send the Product no later than within 14 working days.
- In the case of prepayment, the period referred to in paragraph 1 is counted from the day following the day the price and any delivery costs are credited to the Seller's account indicated in § 3.
- In the case of choosing cash on delivery or personal collection payment, the period referred to in paragraph 1 is counted from the day following the day the Agreement is concluded.
- Working days, as referred to in this paragraph, mean days from Monday to Friday, excluding Saturdays, Sundays, and public holidays.
- For products made to individual order, especially gold jewelry, the fulfillment time may be extended to 20 working days.
§ 11 Right of Withdrawal from the Agreement
- In accordance with the Act of May 30, 2014, on consumer rights, a Customer who is a Consumer and has concluded an Agreement may, within fourteen (14) days from the day of receiving the Product, withdraw from the agreement without giving any reason by submitting a declaration of withdrawal to the Seller.
- Withdrawal from the agreement can be made 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.
- To meet the deadline for withdrawal from the Agreement, the declaration of withdrawal from the Agreement should be sent in the manner indicated in paragraph 2 before the expiry of 14 days from the day of receiving the Product.
- In the event of withdrawal from a sales agreement, the agreement is considered not concluded with respect to the Product to which the withdrawal applies.
- In the event of withdrawal from the Agreement, the Seller shall immediately, no later than within 14 days from the day of receiving the Consumer's declaration of withdrawal from the Agreement, reimburse the Consumer for all payments made by them, including the costs of delivering the goods in the manner indicated in the declaration of withdrawal.
- In the event of withdrawal from an Agreement that has been paid in full or in part with a Wishbone gift card, funds corresponding to the value of the gift card used will be refunded solely in the form of a Wishbone gift card and are not refundable in monetary form.
- In the event of withdrawal from the Agreement, the Product should be returned by the Consumer without undue delay, no later than 14 days from the day the Consumer withdrew from the agreement, to the address: Kwiaciarnia Magnolia, ul. Strzegomska 208, 54-432 Wrocław.
- The cost of returning the Product to the Seller shall be borne by the Consumer.
- The Seller may withhold the refund of payments made by the Consumer under the Agreement until the Product is received from the Consumer or the Consumer provides proof of its return, whichever occurs first.
- The Consumer shall be liable for any diminished value of the Product resulting from its use 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 bears 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 diminished value of the Product, about which the Consumer will be informed along with justification.
- If the deadlines for withdrawal from the agreement specified in this paragraph are exceeded, the Seller will send the returned Product back to the Consumer at the Consumer's expense. Failure by the Customer to follow the procedure for withdrawal from the Agreement described above may result in a significant delay in completing the withdrawal procedure, and thus in ordering a refund of funds due to the Customer.
- The right to withdraw from a distance contract does not apply to the Consumer in relation to the Agreement: a) where the subject of the performance is an item that is not prefabricated, manufactured according to the Consumer's specifications or serving to satisfy their individualized needs. Products made to individual order – including gold jewelry, hand-forged silver, and all other Products created only after an order is placed, without maintaining inventory – are excluded from the right of withdrawal 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 subject to 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 was 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 hygienic seal. If the seal is broken, return or exchange is not possible for hygiene reasons; c) where the subject of the performance is an item that rapidly deteriorates 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 commencement of the service that after the performance of the service by the Seller, they will 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 deadline for withdrawal from the Agreement; f) where the subject of the performance are items which, after delivery, due to their nature, become 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 contract, and the delivery of which can only take place after 30 days and whose value 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 programs delivered in sealed packaging, if the packaging was opened after delivery; i) for the delivery of newspapers, periodicals or magazines, with the exception of subscription agreements; j) for the delivery of digital content that is not stored on a tangible medium, if the performance began with the explicit consent of the Consumer before the deadline for withdrawal from the agreement and after the Consumer was informed by the Seller about the loss of the right to withdraw from the Agreement.
§ 12 Non-conformity of goods with the contract, warranty, and complaint procedure
A. Non-conformity of goods with the contract (statutory liability)
- The Seller is liable to the Customer, being a Consumer, for the non-conformity of the Product with the Agreement on the terms specified in Articles 43a-43g of the Act of May 30, 2014, on consumer rights. The Seller is liable for the non-conformity of the goods with the contract existing at the time of its delivery and revealed within 2 years from that moment.
- In the event of non-conformity of the Product with the Agreement, the Consumer is entitled sequentially to: demand repair or replacement of the Product, and if this is impossible or would incur excessive costs - a price reduction or withdrawal from the contract, in accordance with Articles 43d-43e of the Consumer Rights Act.
- Non-conformity of goods with the contract does not include features resulting from the natural properties of the materials, in particular:
- natural darkening (oxidation) of 925 sterling silver in contact with air, moisture, sweat, cosmetics, perfumes, and chlorine;
- natural wear of the gold plating layer occurring during wear;
- natural differences in the appearance, shape, texture, and color of pearls and natural stones. The above characteristics 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.
- The Customer may submit a complaint regarding the non-conformity of the Product with the Agreement to the email address: contact@wishbone.pl or in writing to the Seller's registered office address indicated in § 3.
B. Quality guarantee (voluntary commitment of the Seller) 5. Irrespective of the Seller's statutory liability for the non-conformity of goods with the contract, the Seller grants the Customer an additional quality guarantee for a period of 180 days from the date of purchase for Products purchased from February 26, 2025, onwards. 6. The guarantee covers defects resulting from manufacturer's fault. The guarantee does not cover:
- discounted products;
- defects resulting from natural wear caused by ordinary use;
- mechanical damage;
- obvious defects visible on the day of purchase, assuming the buyer was aware of them at the time of purchase;
- dirt;
- damage caused by improper use, including contact with chlorine, cosmetics, perfumes, and wearing during sleep, bathing, and sports.
- The use of the quality guarantee does not exclude, limit, or suspend the Customer's rights resulting from the provisions on the non-conformity of goods with the contract (Articles 43a-43g of the Consumer Rights Act).
C. Complaint submission procedure 8. A complaint can be submitted by sending the form available HERE, completed in the COMPLAINT section, along with the complained Product and proof of conclusion of the Agreement, to the address indicated in § 3. A complaint can also be submitted to the email address contact@wishbone.pl. 9. If the data or information provided in the complaint require supplementation, before considering the complaint, the Seller will ask the Customer submitting the complaint to supplement it to the indicated extent. 10. The Seller will process the complaint within 14 days from the date of its receipt and send information about how the complaint was processed to the Customer's email address indicated in the form. 11. If the exchange or repair of the Product proves possible, the Seller will inform the Customer about this and provide all information regarding further proceedings. 12. In justified cases for a price refund, the amount for the Product purchased by the Customer will be refunded within 14 days from the processing of the complaint in the manner indicated in the form. 13. The Seller does not accept any shipments returned COD (cash on delivery).
D. Customers who are not Consumers 14. A Customer purchasing a Product for purposes directly related to their professional or business activity (Customer who is not a Consumer) has the right to submit a complaint in accordance with legal provisions, however, the Seller's liability under warranty for physical defects of the Products is limited to the Customer's right to demand the removal of the defect or replacement. The Seller, at its discretion, will promptly remove the defect or replace the defective Product with a defect-free one. The Seller may also withdraw from the contract by refunding the price paid for the Product affected by a physical defect. In other respects, the Seller's liability under warranty for defects of the Product towards Customers who are not Consumers is excluded.
E. Temporary provisions 15. 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, onwards, 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 amended.
§ 13 Out-of-court methods for handling complaints and pursuing claims
- A Customer who is a consumer may use out-of-court methods for handling complaints and pursuing claims, including:
- may refer the matter to a permanent consumer arbitration court operating at the trade inspection with a request to resolve the dispute;
- may apply to the provincial inspector of the trade inspection for the initiation of mediation proceedings to amicably settle the dispute;
- may seek free assistance regarding out-of-court methods of dispute resolution and claim enforcement from district (municipal) consumer ombudsmen and social organizations whose statutory tasks include consumer protection;
- may use the European ODR (Online Dispute Resolution) platform available at http://ec.europa.eu/consumers/odr/.
§ 14 Personal data
- The Administrator of Customers' personal data is the Seller, whose full details are provided in § 3 of the Regulations.
- Detailed rules for processing personal data, legal bases, purposes, retention periods, data recipients, individuals' rights, and information on data transfer to third countries are defined in the Privacy Policy available at: https://wishbone.pl/pages/polityka-prywatnosci.
§ 15 Permanent discounts for subscribers
Permanent discounts offered to Wishbone subscribers apply exclusively to silver products. These discounts do not apply to gold products (including 585 hallmark 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
- Agreements concluded through the Store are concluded in Polish.
- In matters not regulated by these Regulations, generally applicable legal provisions shall apply.
- These Regulations come into force on [INSERT UPDATE DATE] and supersede 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.
- The Regulations may be amended.
- Changes to the Regulations will become effective 14 days after information about planned changes is posted on the Store's website and customers are informed via the email addresses provided by them when creating an account or placing an order about their planned introduction.