Statute

Terms and Conditions

Wishbone Online Store Terms and Conditions

§ 1 Preliminary Provisions

  1. 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.
  2. These Terms and Conditions 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 Distance Sales Agreements with the Customer through the Store.

§ 2 Definitions

  1. Store – 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 framework of the Store, the subject of which is not directly related to their business or professional activity.
  4. Entrepreneur – a natural person, a legal person, and an organizational unit without legal personality, to which a separate statute grants legal capacity, conducting business activity on its own behalf, who uses the Store.
  5. Customer – a Consumer or Entrepreneur concluding an agreement through the Store.
  6. Agreement – a distance sales agreement concluded with the Customer within 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 moment of concluding the agreement.
  7. Terms and Conditions – these Store terms and conditions.
  8. 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 custom-made products. Some Products are handmade (forged or cast) individually for the Customer only after an order has been placed, without maintaining stock, according to the Customer's specifications (e.g., size, length, finish).
  9. Order – a declaration of will by the Customer made using the Order Form, directly aimed at concluding a Sales Agreement for a Product 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 them 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 delivery and payment method.
  14. Cart – a component of the Store's software where Products selected by the Customer for purchase are visible, and where it is 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 some functionalities of the wishbone.pl online store, including registration and placing orders for Products, an active e-mail account is necessary.

§ 5 General Information

  1. Familiarization with the Store's offer and conclusion of an Agreement with the Seller through 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 directly before placing the Order.
  3. The Seller is not liable 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.
  4. Prices indicated on the Website are given in Polish zloty and are gross prices including VAT applicable at the time of concluding the Agreement.
  5. Prices do not include Product delivery costs.
  6. The Seller delivers Products within the European Union.
  7. Delivery is chargeable, and delivery costs are borne by the Customer.
  8. All Products offered in the Store are handmade – hand-forged or cast individually for the Customer only after an order has been placed, without maintaining stock, according to the Customer's specifications (e.g., size, length, finish). Products are new, free from physical and legal defects, and legally introduced into circulation in the territory of the Republic of Poland.
  9. Some Products available in the Store – in particular those custom-made (including gold jewelry and hand-forged silver) and 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 limitation can be found directly on the page of the given Product and in the Terms and Conditions (§ 11 para. 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 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 a login and the password entered 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 sends 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 business days.

§ 7 Rules for Placing Orders and Concluding Agreements

  1. Placing an order by the Customer involves 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 completing the indicated data necessary for Order fulfillment.
    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 Privacy Policy by checking the appropriate box.
    6. Clicking the "order now" icon, which constitutes the Customer's declaration of will to conclude the Agreement.
    7. Completing the payment in accordance with the chosen method.
  2. The Agreement is concluded at the moment the Customer receives confirmation of the order placement sent to the email address provided when creating the Account or placing the order without logging in.
  3. 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 having been delivered to the Seller, or having been damaged or lost, the Seller shall immediately notify the Customer thereof and refund the received price or perform a substitute service of the same value as the paid price – at the Customer's choice and with their consent.

§ 8 Gift Cards (Vouchers)

  1. The Store offers the possibility to purchase gift cards (vouchers) in physical or electronic form, entitling the holder to make purchases in the Wishbone online store.
  2. Gift cards have a specified expiration date, indicated on the card or in the information sent to the Customer electronically.
  3. A gift card can only be used during its validity period and cannot be exchanged for cash or refunded, in whole or in part.
  4. In the event of non-use of the gift card before its expiry date, the Customer is requested to contact the Seller at the email address: contact@wishbone.pl for individual consideration of the matter.
  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 law.

§ 9 Offered Delivery and Payment Methods

  1. When placing an Order, the Customer may use the following methods for delivering the ordered Product:
    1. Courier shipment
    2. Delivery to InPost parcel locker
    3. DPD courier delivery
  2. The place of performance of the Agreement by the Seller is the place where the Product is picked up (and in case of doubt, the place where the Product should be picked up according to the Customer's indication).
  3. The Seller informs the Customer about the price and delivery costs in the Order summary, before the Customer places the Order.
  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 credit card.
  5. 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 business days, under pain of the Seller withdrawing from the Agreement after prior demand for payment sent to the email address provided by the Customer when creating an account or placing an Order.
  6. The payment date is considered the date of crediting the price to the Seller's bank account indicated in § 3.

§ 10 Shipping

  1. The Seller undertakes to dispatch the Product no later than within 14 business days.
  2. The period referred to in paragraph 1 is counted from the day following the day on which 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. For custom-made products, especially gold jewelry, the delivery time may be extended to 20 business days.

§ 11 Right of Withdrawal from the Agreement

  1. In accordance with the Act of May 30, 2014, on consumer rights, a Customer who is a Consumer and has entered into a Contract may withdraw from the contract without giving a reason within fourteen (14) days from the date of receipt of the Product, by submitting a declaration of withdrawal from the contract to the Seller.
  2. Withdrawal from the contract may occur by submitting a declaration of withdrawal from the Contract 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 contract electronically, via the "Withdrawal from the contract" section available on the Seller's website without the need for logging in. After providing order identification data (e.g., order number, email address, and surname), the Consumer can submit a declaration of withdrawal for the entire order or 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 time of sending. The above does not prejudice the Consumer's right to withdraw from the contract through other unambiguous declarations, in particular by email or using the form referred to in paragraph 2. The submission of a declaration of withdrawal does not prejudge the right of withdrawal; in the case of Products excluded under Article 38 point 3 and 5 of the Consumer Rights Act (§ 11 paragraph 11), the withdrawal remains ineffective despite the correct submission of the declaration. The electronic method of withdrawal was made available in accordance with the requirements of Directive (EU) 2023/2673 of the European Parliament and of the Council.
  3. To meet the deadline for withdrawal from the Contract, the declaration of withdrawal from the Contract should be sent in the manner indicated in paragraphs 2 or 2a before the expiration of 14 days from the date of receipt of the Product.
  4. In the event of withdrawal from a sales contract, the contract is considered null and void with respect to the Product to which the withdrawal applies.
  5. In the event of withdrawal from the Contract, the Seller shall immediately reimburse the Consumer for all payments made by them, including the costs of delivery of the item in the manner indicated in the declaration of withdrawal, no later than 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Contract.
  6. In the event of withdrawal from a Contract that was fully or partially paid for with a Wishbone gift card, funds equivalent to the value of the used gift card will be refunded exclusively in the form of a Wishbone gift card and are not eligible for monetary refund.
  7. In the event of withdrawal from the Contract, the Product should be returned by the Consumer immediately, no later than 14 days from the date on which the Consumer withdrew from the contract, to the address: Kwiaciarnia Magnolia, ul. Strzegomska 208, 54-432 Wrocław.
  8. The cost of returning the Product to the Seller shall be borne by the Consumer.
  9. The Seller may withhold the reimbursement of payments made by the Consumer under the Contract until the Product is received from the Consumer or the Consumer provides proof of its return, whichever event occurs first.
  10. The Consumer shall be liable for any decrease in the value of the Product resulting from its use in a manner exceeding what is necessary to ascertain the nature, characteristics, and functioning of the Product, in accordance with Article 34(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 decrease in the value of the Product, of which the Consumer will be informed along with justification.
  11. In the event of exceeding the deadlines for withdrawal from the contract specified in this paragraph, the Seller will send the returned Product back to the Consumer at their expense. Failure by the Customer to follow the above-described procedure for withdrawal from the Contract 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 contract does not apply to a Consumer with respect to a Contract: a) where the subject of the service 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 only after an order is placed, without maintaining inventory – are excluded from the right of withdrawal 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 available on the Product card in the Store; b) where the subject of the service 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 possible only if the Product is in its original, undamaged protective packaging with a hygienic seal. In case of breach of the seal, return or exchange is not possible for hygiene reasons; c) where the subject of the service is an item that deteriorates 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 performance of the service by the Seller, they will lose the right to withdraw from the Contract; 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 Contract; f) where the subject of the service are items which, due to their nature, become inseparably combined with other items after delivery; 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 whose delivery 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 service are sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery; i) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract; 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 deadline for withdrawal from the contract and after being informed by the Seller about the loss of the right to withdraw from the Contract.

§ 12 Non-conformity of goods with the contract, warranty and complaint procedure

A. Non-conformity of goods with the contract (statutory liability)

  1. The Seller is liable to the Customer, being a Consumer, for any non-conformity of the Product with the Contract under the principles specified in Articles 43a–43g of the Act of May 30, 2014, on consumer rights. The Seller is liable for any non-conformity of the goods with the contract existing at the time of its delivery and revealed within a period of 2 years from that time.
  2. In the event of non-conformity of the Product with the Contract, the Consumer is entitled to successively exercise the rights to: demand repair or replacement of the Product, and if this is impossible or would involve excessive costs – a price reduction or withdrawal from the contract, in accordance with Articles 43d–43e of the Consumer Rights Act.
  3. Non-conformity of goods with the contract does not include features resulting from the natural properties of the materials, in particular:
    • natural tarnishing (oxidation) of 925 sterling silver in contact with air, moisture, sweat, cosmetics, perfumes, and chlorine;
    • natural wear and tear of the gold-plated layer occurring during use;
    • natural differences in the appearance, shape, texture, and color of pearls and natural stones.
    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.
  4. A complaint regarding the non-conformity of the Product with the Contract may be submitted by the Customer to the email address: contact@wishbone.pl or in writing to the Seller's registered office address indicated in § 3.

B. Quality Guarantee (Voluntary undertaking by the Seller)

  1. Irrespective of the Seller's statutory liability for the non-conformity of goods with the contract, the Seller provides the Customer with an additional quality guarantee for a period of 180 days from the date of purchase for Products purchased from February 26, 2025, onwards.
  2. The warranty covers defects resulting from manufacturer's fault. The warranty does not cover:
    • discounted products;
    • defects resulting from natural wear and tear 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.
  3. Exercising the quality guarantee does not exclude, limit, or suspend the Customer's rights resulting from the provisions on non-conformity of goods with the contract (Articles 43a–43g of the Consumer Rights Act).

C. Complaint Submission Procedure

  1. A complaint can be submitted by sending the completed complaint form available HERE to the address indicated in § 3, along with the Product subject to the complaint and proof of conclusion of the Agreement. A complaint can also be submitted to the email address contact@wishbone.pl.
  2. 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 indicated extent.
  3. The Seller shall process the complaint within 14 days from the date of its receipt and send information about the method of handling the complaint to the Customer's email address indicated in the form.
  4. If the exchange or repair of the Product proves possible, the Seller will notify the Customer and provide all information regarding further proceedings.
  5. In cases justifying a refund of the price, the amount due 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.
  6. The Seller does not accept any parcels sent cash on delivery.

D. Customers who are not Consumers

  1. 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, provided that the Seller's liability under warranty for physical defects of the Products is limited to the Customer's right to demand 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 Product defects towards Customers who are not Consumers is excluded.

E. Temporary Provisions

  1. 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 modified.

§ 13 Out-of-court methods of complaint resolution and claims enforcement

  1. A Customer who is a consumer may use out-of-court methods of complaint resolution and claims enforcement, including:
    1. may refer the matter to a permanent amicable consumer court operating at the trade inspection with a request to resolve the existing dispute;
    2. may apply to the provincial inspector of trade inspection with a request to initiate mediation proceedings for an amicable settlement of the existing dispute;
    3. may use free assistance in out-of-court dispute resolution and claims enforcement from district (municipal) consumer advocates and social organizations whose statutory tasks include consumer protection;
    4. may use the European ODR (Online Dispute Resolution) platform available at http://ec.europa.eu/consumers/odr/.

§ 14 Personal data

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

§ 15 Permanent discounts for subscribers

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

§ 16 Final provisions

  1. Agreements concluded through the Store are made in Polish.
  2. In matters not regulated by these Terms and Conditions, generally applicable legal provisions shall apply.
  3. These Terms and Conditions supersede the regulations effective from February 25, 2025. For Agreements concluded before the effective date of these Terms and Conditions, the regulations in force on the date of concluding the Agreement shall apply.
  4. The Terms and Conditions may be subject to change.
  5. Changes to the Terms and Conditions will become effective 14 days after information about the 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 implementation.

Collection list

585 gold bracelets
585 gold earrings
585 gold rings
WISHBONE GIFT CARDS