Términos del servicio

1. GENERAL PROVISIONS

1.1. Definitions:

1.1.1. BUSINESS DAYS – days from Monday to Friday, excluding public holidays in Poland.
1.1.2. REGISTRATION FORM – a form available on the Online Store enabling the creation of an Account.
1.1.3. ORDER FORM – a form available on the Online Store enabling the placement of an Order.
1.1.4. BUSINESS CUSTOMER, CUSTOMER – an entrepreneur as defined in Article 4 of the Act of March 6, 2018 – Entrepreneurs’ Law, who has entered into or intends to enter into an Agreement for the Provision of Electronic Services or a Sales Agreement with the Seller directly related to the Customer’s business or professional activity. The Customer is not a consumer as defined in Article 221 of the Civil Code.
1.1.5. CIVIL CODE – the Civil Code Act of April 23, 1964.
1.1.6. ACCOUNT – a set of data associated with the Customer, including information about their activity in the Online Store.
1.1.7. PRODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement. The Online Store offers Products designated:
a) as to identity – meaning the specific item shown in the photo, as reflected in the description containing: “The item for sale is the one visible in the photo”; or
b) as to type – meaning the photo is for illustrative purposes only, representing a random item of a given type, as reflected in the description containing: “Illustrative photo.”
1.1.8. ONLINE STORE – the Seller’s website available at https://b2b.sylviacrystals.com, through which Electronic Services are provided and agreements described in these Terms and Conditions are concluded, including Sales Agreements.
1.1.9. SELLER – Sylvia Crystals Sp. z o.o. with its registered office in Warsaw, ul. Wodzirejów 3, 02-824 Warsaw, entered in the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw, XIII Commercial Division of the National Court Register under number KRS 0000907008, NIP: 5272961992, REGON: 389250280, with a share capital of PLN 5,000.
1.1.10. SALES AGREEMENT – an agreement for the sale of a Product concluded between the Customer and the Seller via the Online Store.
1.1.11. ELECTRONIC SERVICE – a service provided electronically by the Seller to the Customer via the Online Store.
1.1.12. NEWSLETTER SERVICE – an Electronic Service provided via email, enabling Customers to automatically receive from the Seller information about Products, news, and promotions to the email address linked to the Account.
1.1.13. ORDER – a declaration of intent by the Customer to conclude a Sales Agreement, submitted using the Order Form.

1.2.

Commencing the use of Electronic Services or placing an Order is deemed a declaration by the Customer that these activities are directly related to the Customer’s business or professional activity (i.e., that the Customer is not a consumer within the meaning of Article 221 of the Civil Code and does not enjoy consumer rights under generally applicable laws).

1.3.

By creating an Account or placing an Order, the Customer declares that they accept the provisions of these Terms and Conditions.

1.4.

The Seller is the administrator of personal data processed in the Online Store in connection with the provision of Electronic Services and Sales Agreements. The rules for processing personal data are specified in the privacy policy available at: https://b2b.sylviacrystals.com.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1.

The Online Store offers the following Electronic Services:

2.1.1. Account management service; and

2.1.2. Newsletter Service.

2.2.

The Customer creates an Account using the Registration Form. To create an Account, the Customer must:

2.2.1. provide their email address;

2.2.2. select “Continue”;

2.2.3. enter the unique login code sent to the provided email address;

2.2.4. select “Submit”.

2.3.

After creating an Account, the Customer can use all features currently available within the Online Store.

2.4.

The Customer is responsible for any actions or omissions of a third party to whom they enable the use of their Account, as if these were their own. The Seller is not liable for the consequences of using the Account in violation of applicable law, these Terms and Conditions, or accepted social norms, including the content posted on the Account by the Customer or the third party to whom access was provided.

2.5.

The provision of the Newsletter Service begins after entering the email address to which subsequent editions of the Newsletter will be sent in the “Newsletter” section of the Online Store and clicking the action field.

2.6.

The Newsletter Service may also be ordered by selecting the appropriate checkbox during the Order process—this starts upon Order submission.

2.7.

The Agreement for the Provision of Electronic Services is concluded between the Seller and the Customer when the Account is created or when the Newsletter Service is ordered as described in sections 2.5. or 2.6. above. The Electronic Services are provided free of charge for an indefinite period. The Customer may terminate the Agreement for the Provision of Electronic Services at any time and without cause, with immediate effect, by sending a request to the Seller:

(i) via email to wholesale@sylviaworld.com;

(ii) in writing to: Wodzirejów 3, 02-834 Warsaw; or

(iii) via the relevant functionality within the Account.

2.8.

Technical requirements for cooperation with the Seller’s IT system in the Online Store include:

2.8.1. a computer, laptop, or other Internet-enabled device;

2.8.2. access to email;

2.8.3. one of the following browsers (or newer): Firefox 17.0, Internet Explorer 10.0, Opera 12.0, Chrome 23.0, Safari 5.0, or Microsoft Edge 25.10586.0.0. Other browsers may also work, but proper functioning is not guaranteed.

2.8.4. enabling Cookies and JavaScript;

2.8.5. recommended minimum screen resolution: 1024x768;

2.8.6. the results of Electronic Services are delivered electronically, e.g., by email, HTML code, or compatible graphics files.

2.9.

Using Electronic Services involves typical Internet risks. The Customer acknowledges these risks (e.g., password theft, viruses, etc.) and is obliged to keep login data confidential. The Seller will provide information about specific risks upon the Customer’s request via email.

2.10.

The Customer agrees to use Electronic Services lawfully and in a socially responsible manner, respecting personal and intellectual property rights. They must not provide or create unlawful content.

2.11.

The Seller is not responsible for the content of external websites or electronic services linked from the Online Store.

2.12.

Complaints regarding Electronic Services can be submitted:

2.12.1. in writing to: ul. Wodzirejów 3, 02-824 Warsaw;

2.12.2. by email to: wholesale@sylviaworld.com.

2.13.

To facilitate complaint handling, please provide:

2.13.1. details and circumstances of the complaint, especially the type and date of the issue;

2.13.2. the Customer’s preferred resolution;

2.13.3. contact details for feedback on the complaint.

2.14.

The Seller will inform the Customer of the complaint’s resolution within 14 calendar days of receipt, provided that the information is sufficient to process it. If not, the Seller will request additional information within 14 days and respond within 14 days of receiving the missing information.

3. CONDITIONS FOR CONCLUDING THE SALES AGREEMENT

3.1.

The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order for the Product using the Order Form in the Online Store.

3.2.

The Order is placed after the Customer performs the following two steps:

3.2.1. filling in the Order Form available on the Online Store’s website by providing the data indicated in the Order Form;

3.2.2. clicking the button to finalize the Order, which is equivalent to the Customer submitting an offer to conclude a Sales Agreement under the terms specified in these Terms and Conditions and the Online Store interface.

3.3.

After placing the Order, the Customer receives an automatic email confirming receipt of the Order by the Seller. This email does not constitute the Seller’s acceptance of the offer. The email informs the Customer that the Seller will:

3.3.1. verify the availability of the Products covered by the Order;

3.3.2. calculate the delivery cost of the Products based on the Order parameters;

3.3.3. after performing these activities, the Seller will send the Customer an email containing a pro forma invoice (including payment details) or information about the unavailability of the Product – the offer is accepted and the Sales Agreement is concluded upon delivery of the email containing the pro forma invoice.

3.4.

Payment for the Order is possible only by bank transfer to the Seller’s account specified in the pro forma invoice.

3.5.

The Seller’s execution of the Sales Agreement begins after the full amount indicated in the pro forma invoice is credited to the Seller’s bank account. The final VAT invoice is provided to the Customer along with the shipment containing the ordered Product. If the payment indicated in the pro forma invoice is not credited to the Seller’s bank account within the payment deadline stated therein, the Seller has the right to withdraw from the Sales Agreement by making a statement to the Customer at the email address provided in the Order.

3.6.

Products designated as to type, including in particular stones, minerals, crystals, and other natural objects, by their nature differ from each other and may differ in pattern, shade, or shape from the sample photos presented in the Online Store. If the Product description does not include the note “The item for sale is the one visible in the photo,” the Seller does not guarantee that the Customer will receive an identical item to that shown in the sample photo. Any differences between the illustrative photo of a Product designated as to type and the specific characteristics of the Product delivered to the Customer in fulfillment of the Sales Agreement do not constitute a defect of the Product and cannot form the basis for the Customer’s claims against the Seller.

4. DELIVERY OF THE PRODUCT

4.1.

Delivery of the Product to the Customer is subject to payment unless otherwise indicated in the email referred to in section 3.3.3.

4.2.

An estimated delivery cost of the Product is indicated in the Online Store interface, in the section regarding delivery costs. The final delivery cost is stated in the email referred to in section 3.3.3.

4.3.

The Seller delivers Products that are the subject of the Sales Agreement via courier shipments. It is also possible to collect the Product in person at the Seller’s showroom at: ul. Wodzirejów 3, Warsaw. The Customer should inform the Seller about the wish to collect the Product in person in the content of the Order.

4.4.

The delivery time for the Product to the Customer is up to 5 Business Days unless a different period is indicated in the Product description or in the email referred to in section 3.3.3. The delivery period begins on the date the full amount indicated in the pro forma invoice is credited to the Seller’s bank account. In the case of personal collection, the Customer is informed about the Product’s readiness for collection via email.

4.5.

If the courier shipment is not collected or if the Customer does not collect the Product in person within 2 Business Days from the date indicated in the email referred to in section 4.4, it is deemed that the Customer has withdrawn from the Sales Agreement.

5. SELLER’S LIABILITY

5.1.

The parties exclude the Seller’s liability for defects in the Product under warranty or legal defects, unless otherwise agreed in a documented form (in particular in email correspondence) under pain of nullity.

5.2.

The Seller is not liable to the Customer for lost profits.

5.3.

The Seller reserves the right to withdraw from the Sales Agreement within 14 calendar days from its conclusion, without providing any reason. The Customer waives any claims against the Seller resulting from the Seller’s withdrawal from the Sales Agreement, except for a claim to return the amount indicated in the pro forma invoice referred to in section 3.3.3.

5.4.

Upon handing over the Product to the carrier, all benefits and burdens related to the Product and the risk of its accidental loss or damage pass to the Customer. The Seller is not liable for damage caused during transport or for delivery delays.

5.5.

The Seller’s liability to the Customer, regardless of its legal basis, is limited to the amount paid by the Customer for the Product together with delivery costs, but not more than PLN 10,000. This limitation of liability to PLN 10,000 does not apply to a claim for the return to the Customer of the amount indicated in the pro forma invoice referred to in section 3.3.3 in the event that the Seller withdraws from the Sales Agreement under section 5.3 above.

6. FINAL PROVISIONS

6.1.

The Seller reserves the right to amend these Terms and Conditions unilaterally. The Seller will inform about changes to the Terms and Conditions at least by publishing a new version in the Online Store interface (other additional forms of notification may also be used). The amended Terms and Conditions enter into force on the date indicated in the new version as the date of their entry into force. Changes to the Terms and Conditions do not affect the content of Sales Agreements concluded by the Customer before the date of entry into force of the changes.

6.2.

Contact with the Seller is possible:

6.2.1. via email at: wholesale@sylviaworld.com;

6.2.2. via the chatbot available in the Online Store;

6.2.3. by phone at +48 534206702 on Business Days from 8:30 a.m. to 4:30 p.m.;

6.2.4. by traditional mail to: ul. Wodzirejów 3, 02-824 Warsaw.

6.3.

The Terms and Conditions and all agreements concluded on their basis, including Sales Agreements, are governed by Polish law.

6.4.

Any disputes arising from these Terms and Conditions and the Sales Agreements, or related to them, will be settled by the court with jurisdiction over the Seller’s registered office.