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Terms and conditions

General

  1. Your use of MartDiamonds online store is governed by the terms and conditions contained hereunder. The store operates under the Internet address: www.martdiamonds.pl. www.martdiamonds.pl is operated by Mart Diamonds. The present terms and conditions are binding for the Seller and all Customers taking advantage of this online store.
  2. MartDiamonds, hereinafter referred to as the Seller, has an exclusive right to operate www.martdiamonds.pl online store.
  3. All goods offered by this online store are brand new, unless otherwise stated in the product’s description, are free from any physical and legal defects and have been legally introduced to the Polish market.
  4. Any complaints regarding the provided services resulting from failure to read the present terms and conditions or failure to follow these terms and conditions will not be considered.

Orders

  1. martdiamonds.pl online store sells goods via Internet.
  2. You can place orders 24/7/365.
  3. Realization of orders placed on business days after 6.00 pm as well as on Saturdays, Sundays and Bank Holidays starts from the first business day following the day of order placement.
  4. Making order in online stores shall be considered as acceptance of the present terms and conditions.
  5. Contents of this website does not constitute an offer in understanding of the provisions of the Civil Code (but is for trade information purpose only), therefore placing an order by a customer shall not be considered as immediate conclusion of an agreement. Any customer, while placing an order, makes an offer to purchase ordered items in accordance with the product description provided on the store website at the time of making order.
  6. The Seller reserves the right to refuse to realize an order, restrict payment method or demand prepayment.
  7. Gemstones slightly vary from each other. In case the Seller is unable to provide the Customer with a gem of the specified parameters included in the order – the stores will offer a gemstone of slightly different parameters and the same or higher market value for the same price.
  8. The photos and other visual forms of jewellery presentation contained in this website do not reflect the real size of the goods – they are for general information purpose only.

Prices

  1. All prices are expressed in PLN + VAT.
  2. Price for a given product displayed on the website at the time of making an order shall be binding for this order.
  3. The Seller reserves the right to change prices of the goods included in the offer, introduce new products to the offer, perform and cancel special offers on the website or make any other changes.

Receipt

  1. We attach appropriate receipt to each performed order.
  2. We issue VAT invoice at the Customer’s request, if we receive all data necessary to issue such invoice.
  3. Please, retain the receipt in case of possible returns or complains.

Time of order realization

  1. Ordered product shall be sent within the time indicated by a given product * via post or courier company.
  2. If the ordered product is available at the store and the Customer has selected the payment on delivery option or payment by credit card option, the goods will be sent on the next business day after acceptance of the order.
  3. If the Customer has selected option of payment by transfer or e-transfer, the goods will be sent on the next working day after reception of the payment.
  4. The Buyer incurs all shipment costs.
  5. Parcels for our international customers worldwide are delivered only via courier company. Costs of shipment outside Poland are agreed individually in accordance with the shipping rates of the courier company.
  6. The Seller is not liable for failure to meet the deadline for reasons beyond the Seller’s control, especially in case of occurrence of the force majeure. In case of occurrence of any circumstances that prevent the Seller from realization of an order in time indicated on the website, the Seller shall immediately notify the Customer about occurrence of such circumstances and expected time of order realization. In such a case the Customer is entitled to cancel his or her order.
  7. Goods shipped via courier company shall be delivered on the next business day after the date of dispatch.
    *excluding orders for jewellery with brilliants or gems of specific rare features. In some cases the time of waiting for delivery of the product may be longer, however the Customer shall be notified about this fact.

Changes to orders and cancellation of orders

  1. The Customer may introduce changes to order until the Seller has sent confirmation that ordered goods have already been dispatched.
  2. The Customer may cancel or modify order via phone: 0 801080531 or e-mail : reserve@martdiamonds.pl
  3. You cannot cancel your order while it is in realization.

Damaged parcels

  1. In case the product has been mechanically damaged due to external factors, the Customer may not claim his rights resulting from the guarantee, the right to terminate the agreement or any other right.
  2. The Customer is advised to check whether the package has not been damaged during transportation, especially, whether the tapes and seals on the package are not broken, prior to taking the parcel from the Courier.
    Warranty, guarantee and right to terminate the agreement do not apply if the product has been damaged mechanically due to external factors (for which the Customer is responsible). To avoid such situation we recommend our Customers to always check whether the package has not been damaged during transportation, especially, whether the tapes and seals on the package are not broken, prior to taking the parcel from the Courier.
  3. In situation when the package has been damaged or seals (tapes) have been broken, the Customer must not accept the parcel but draw up a damage report in the presence of a courier and immediately contact the Seller in order to resolve the problem.
  4. Checking the parcel at the delivery is a necessary condition for acceptance of any possible claims from the Customer regarding damage of a parcel or theft of its content during transportation.

Payments
We make the following payment options available to our customers:

  1. credit card/e-transfer/ PayPal – payment realized in real time by the operator – order is realized immediately after the payment has been approved,
  2. money order or bank transfer – to the bank account: BZ WBK 33 1090 1740 0000 0001 0945 6754, please indicate order number in the transfer name – order is realized immediately after the payment has been approved.
  3. payment on delivery – payment by cash on delivery to the courier or at the post office.

    For payment options „1” and „2”, lack of payment for ordered goods within 10 days from the day of order placement results in cancellation of this order.


Warranty and certificates

  1. All goods included in the offer of the online store are subject to the Sellers liability for the consumer good found to be inconsistent with the agreement (relates to the consumer sale) or – in case of sale within the business activity – the guarantee for defects of the good sold on general basis (depending on the provisions that are applicable in a given case)*,
  2. The Seller may guarantee the quality of each gemstone or jewellery containing such gemstones. Furthermore, selected larger gems may be accompanied by the certificates of other independent gemmological institutes, for instance IGI, HRD or GIA.
    * legal base:
    - Civil Code from the day 23rd April 1964 (Dz.U. [Journal of Laws] 1964.16.93 with later amendments),
    - Act of 27th July 2002 on specific terms and conditions of consumer sale and amendments to the Civil Code (Dz.U. 2002.141.1176 with later amendments).

Returns

  1. In accordance with art. 7 of the Act of 2nd March 2002 on “protection of certain consumer rights and on the liability for damage caused by dangerous products” (Dz.U. 2000.22.271), the Customer may resign from the products purchased in the store for any reason – within 10 days from the day of reception of the goods.
  2. Product returned according to the abovementioned provision shall be accepted by the Seller only if it is returned in the original, non-damaged package with complete content (product, label, invoice or receipt from the cash register, etc.) and has no traces of use, alteration, etc.
  3. Goods, which original patter has been modified by the Customer prior to their purchase, are not subject to return. Modification relates in particular to the change of a gemstone for another one, change of clarity, change of colour configuration of a noble metal or engraving services.
  4. Goods that are to be manufactured or prepared in accordance with a In case of correct withdrawal from the agreement the payment will be refunded within 7 business days from the day of receipt of the returned goods with a written declaration of termination of the agreement.

Complaints

  1. In case of any defects found in the good within 2 years since its purchase, the Buyer shall contact the store at the following e-mail address: gwarancja@martdiamonds.pl or via phone in order to submit a complaint.
  2. Complaints must be accompanied by a copy of the receipt and description of the defect on a separate piece of paper.
  3. Delivery of the product to the company’s head office is always at the expense of the Customer.
  4. Complaints will be processed within 14 days from delivery of the good to the Seller.
  5. Complaints are investigated free of charge. In case of stated defects for which the manufacturer is at fault, the good will be repaired and delivered to the Customer at the cost of the Seller.
  6. In case of the stated damages for which the Seller is not liable (damages, for which the Customer is responsible or damages resulting from random accidents during use of the product, especially mechanical damages, scratches or deformations of the original shape of jewellery), Mart Diamonds will contact the Customer in order to inform the Customer about possible costs of repair.

Privacy Policy

  1. In accordance with the Act of 29th August 1997 on Protection of Personal Data (uniform text from 6th July 2002 – Dz.U. 2002.101.926), the Seller hereby undertakes to ensure protection of personal data of the Customers.
  2. Through placing an order the Customer agrees to process and use his or her personal data for the purposes of order realization, responding to possible complaints, facilitating placement of future orders or marketing. Customer data will not be used for any other purposes than described hereinabove.
  3. You can modify, correct or delete your personal data at any time. If you do not want us to use your personal data any longer, please, let us know.
  4. The Customer may give his or her consent to sending information regarding current offers and operation of the company to his or her e-mail address.

Final provisions

  1. These terms and conditions are valid from 1st July 2008.
  2. The present terms and conditions are subject to change at any time. Changes have no negative influence on the rights and obligations of the user regarding services that have already been provided.
  3. Amendments to Regulations shall come into force after 14 days from the date of their publication in the Seller's online store
  4. For issues not governed by these terms and conditions currently binding regulations of law, especially the provisions of the Civil Code, Act on specific terms and conditions of consumer sale and amendments to the Civil Code and Act on protection of certain consumer rights and on the liability for damage caused by dangerous, shall apply.
  5. Please, send any of your comments related to operation of the online store, presentation and reliability of the presented information or any stated inconsistencies to the following e-mail address: kontakt@martdiamonds.pl
  6. Parties of the agreements concluded via our online store shall use any endeavours in order to amicably resolve any possible disputes arising in relation with the present terms and conditions as well as contents and execution of the sale agreements binding both Parties.
  7. Jurisdiction to hear disputes relating to the implementation of agreements concluded between the Seller and clients is a court of competent jurisdiction under the provisions of the Code of Civil Procedure
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