1.1. Store – an online store located at the electronic address: https://301carats.com (hereinafter also referred to as: “301 Carats”).
1.2. Operator – CONCILIA Sp. z o.o., limited liability company, with its registered office in Poland, at ul. Cyfrowa 6, 71-441 Szczecin, registered in the Register of Entrepreneurs kept by the District Court Szczecin Centrum in Szczecin, 13th Commercial Division of the National Court Register under the number 0000505574, with NIP/Tax ID: 8513175192, REGON: 32150353400000, share capital of PLN 50,000. Contact with the Operator: email@example.com. The operator is the owner of the Store and the service provider within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended).
1.3. Client – a natural person over 18 years of age, a legal person or an organizational unit with legal capacity that is provided the services on the terms described in the Terms and Conditions, using the Store. The customer may be (1) a consumer, i.e. a natural person using the Store without any connection with their business or professional activity, or (2) an entrepreneur, including a natural person, using the Store in connection with a conducted business activity, but the contract concluded with the Store is not of a professional nature for them. (3) an entrepreneur, including a natural person using the Store in connection with a conducted business activity, and the contract concluded with the Store is of a professional nature for them.
1.4. Data – Clients’ data, including personal data, processed to the extent necessary for the proper performance of services offered through the Store.
1.5. Customer panel – a place where the customer can view diamonds purchased in the Store.
1.6. Terms and Conditions – this document.
1.7. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (hereinafter: “GDPR").
2. Terms and Conditions
These regulations define the terms and conditions for the provision of services by the Operator via the Store. Acceptance of the provisions of these Regulations is voluntary, but necessary to use the Store.
3. Characteristics of the Store and Services provided
3.1. The services offered by this Store are aimed at customers who want to purchase diamonds directly from the Operator.
3.2. The colours and appearance of the products presented in the Store may differ from reality - due to technical limitations related to the reproduction of colours on computer equipment.
3.3. The operator has the right to use subcontractors when providing services in the Store.
4. Technical requirements
Correct use of the Store and proper display of the Store's pages does not require installation of any specific software. It is sufficient in this respect to meet the minimum technical requirements for using the Internet, i.e. Internet connection and a web browser in the most recent version possible.
5. Rules for using the Store
5.1. It is forbidden to use the Store in a manner inconsistent with the provisions of these Terms and Conditions, applicable law, moral behaviour or principles of social co-existence.
5.2. It is forbidden to copy, duplicate or use even the smallest part of the content of the Store without the prior written consent of the Operator.
5.3. The Client is not entitled to provide third parties with services in whole or in part, or to develop similar services to those provided by the Operator as a model or other activities that violate copyrights and other intellectual property rights.
5.4. The Client undertakes to refrain from any actions aimed at hindering, destabilizing the activities of the Store or making it difficult for other Clients to use the Store.
5.5. The Client may not post unlawful content in the Store, which means in particular: vulgar, erotic content, inducing racism, persecution for ethnic, cultural or religious reasons, promoting or favouring criminal activities, violating the rights of third parties, including property rights intellectual or other form of infringement of legally protected goods.
6. Registration and shopping in the Store
6.1. The Client has a possibility to purchase diamonds directly in the Store.
6.2. The purchase of a diamond consists in:
1) selecting a product from the Store's website,
2) adding it to the basket,
3) providing data for shipment,
4) selecting the form of payment via an external operator.
6.3. The shipping cost includes insurance for the time of shipment of the purchased product.
6.4. The Client is entitled to use the following payment options for the diamond:
a) payment of the entire due amount immediately after placing the order;
b) making a deposit of 10% of the diamond price (plus VAT) after placing the order. The remaining amount is to be paid by the Customer within 72 hours from the moment of receiving the information from the Store via email that the diamond has been prepared to be sent to the address indicated in the order. Failure to pay the remaining amount within the indicated period will result in the loss of the advance payment.
6.5. Using the option indicated in point 6.4. lit. b) above is possible only for the service of selling diamonds marked in the Store's offer as available for shipment over 7 business days.
6.6. After selecting the payment method, the Client is redirected to the payment page. After the payment is made, the Operator receives a payment confirmation and sends a confirmation of purchase to the Client. After that, the purchased diamond is shipped to the Client.
6.7. Payment methods, as well as delivery methods and prices are available on the Store's website.
6.8. The given product prices are net prices.
6.9. The purchase of a diamond is possible after registration in the Store, which can only take place before the purchase. In the process of creating an account, the Client is asked to provide the following data in the event of:
- first and last name,
- email address,
- telephone numer (optional),
- date of birth,
- address of residence (country, city, street, building number, flat number, postcode),
- companies and headquarters,
- address details;
- VAT ID (tax identification numer),
- national court register number or other country-specific company identification number,
- name, surname, date of birth and e-mail address of the person placing orders on behalf of the legal entity,
- imienia, nazwiska, daty urodzenia oraz adresu e-mail osoby składającej zamówienia w imieniu osoby prawnej;
- telephone number (optional),
6.10. The Client is obliged to provide his real data during registration and bears for this full responsibility.
6.11. By clicking the "Order and pay" button, the Client confirms that he or she wants to make a purchase in the Store with the obligation to pay.
6.12. To place an order in the Store, it is required to provide, in addition to the data indicated in point 6.9. above, additionally, a contact telephone number and delivery address (if different from the one indicated in the registration form). If the transaction on behalf of the Company is concluded by a person not disclosed in the commercial register as a person authorized to represent the Company, it is necessary to provide a scan of the power of attorney authorizing to conclude the contract and an excerpt from the commercial register appropriate for a given country.
6.14. When registering, the Client has the option to consent to receive the newsletter, and thus consent to being sending commercial information to the email address provided during registration.
6.15. The Client who has an account in the Store has the option of displaying diamonds purchased in the Store in the Customer Panel.
6.16. The photos and other forms of visualization and presentation of the goods presented on the Store's website may not reflect its actual size. The Operator made every effort to ensure that the presentation of diamonds in special graphics gives an idea of their weight (size). In order to obtain additional information and photos, the Client should contact the Store.
6.17. The diamonds sold are natural and come from legitimate sources uninvolved in financing conflicts, in accordance with UN Resolutions.
6.18. The diamonds sold are free from physical and legal defects, and have been placed on the European Union market in terms of the law. Each of the stones has a certificate of authenticity issued by one of the institutions: IGI (International Gemological Institute), GIA (Gemological Institute of America) or HRD (HRD Antwerp).
6.19. Shipment of products takes place to addresses located in the territory of the countries indicated by the Operator and for which a separate delivery cost has been provided.
6.20. The Client is obliged to check the condition of the product or, if it is difficult, the condition of the shipment (packaging) immediately after the delivery. In the event of any damage that may arise in transport, the Client should prepare an appropriate damage report and immediately notify the Operator. The operator is not responsible for failure to deliver the product for reasons attributable to the Client – for example due to indicating an incorrect or incomplete delivery address that prevents delivery of the shipment. In such a situation, the Operator will notify the Client of an unsuccessful attempt to deliver the product.
7. Conclusion of the agreement for the provision of electronic services, withdrawal from the contract, termination of the contract
7.1. The moment the Client sets up an account in the Store is tantamount to concluding an agreement with the Operator for the provision of electronic services (hereinafter also: "agreement for maintaining an account in the Store").
7.2. When concluding an agreement for the provision of services with the Store, the Client who is a consumer, by accepting these Terms and Conditions, declares that he or she has been informed about the right to withdraw from the contract provided for in the Act of 30 May 2014 and requests the service to be performed before the deadline for withdrawal, being aware that the submission of this request means that after the service has been performed, he or she is not entitled to withdraw from the contract concluded with the Operator in the manner of the above-mentioned Act.
7.3. The Client may terminate the account agreement in the Store at any time without giving reasons by sending a relevant statement to the Operator's email address. This is without prejudice to the possibility of withdrawing or making a complaint on the terms set out in these Terms and Conditions.
7.4. The Operator reserves the right to terminate the Agreement with a 1-month notice period without giving any reason. The Client is informed about this via email assigned to his or her account.
7.5. The moment when the Client receives the confirmation of the transaction is considered as the moment of concluding the diamond sale agreement by the Parties.
7.6. The Client who is a consumer has the right to withdraw from the sales contract concluded with the Store remotely within 14 days. The period for withdrawal from the contract runs from the day on which the Client or a third party designated by them, who is not a carrier, came into possession of the product.
7.7. The Client who is a consumer may withdraw from the contract by submitting a declaration of withdrawal to 301 Carats. The declaration may be submitted using the template form, a specimen of which is attached as Appendix 1 to the Terms and Conditions. To meet the deadline, it is enough to send a statement before its expiry to the email address: firstname.lastname@example.org or by traditional mail post.
7.8. The Store is obliged to immediately, not later than within 14 days from the date of receipt of the Client's statement on withdrawal from the contract, return to the Client who is a consumer, all payments made by the Client, subject to point 7.9. below. 301 Carats shall withhold the reimbursement of the payment to be received by the Client until the purchased diamond is received back, together with the attached certificate.
7.9. In the event of withdrawal from the contract, the consumer bears direct shipping costs to the Store.
7.10. The Store shall reimburse the payment using the same method of payment as used by the Client, unless the Client has expressly agreed to a different method of return, which does not involve any costs for him or her.
7.11. The Client is obliged to return (send back) the item immediately, but not later than 14 days from the date on which he/she withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.
8. Diamond resale
8.1. "Diamond resale" is the process of enabling Clients to resell the diamonds earlier purchased through the Store back to 301 Carats.
8.2. The resale procedure indicated in the point 8.1 above can only be used by the Store's Clients who purchased the diamond/s from 301 Carats by meeting the conditions set out in these Terms and Conditions. Only diamonds that have been purchased in the Store can be covered by the "diamond resale" service.
8.3. Only coloured diamonds are the subject of the "diamond resale" service.
8.4. The Client who wants to use the "diamond resale" service should apply to 301 Carats by sending the appropriate form, which is (depending on the legal form) Annex 2 or 3 to these Terms and Conditions, to the email address: email@example.com For each "resold" diamond, the Client should send a separate form (referred to in the first sentence of this point) to the email address: firstname.lastname@example.org.
8.5. The Client is obliged to attach a scan of the certificate, received when purchasing the diamonds and an invoice confirming the purchase, to the form constituting Annex 2 or 3 of the Terms and Conditions.
8.6. The Client is obliged to attach to the form constituting Annex 2 or 3 of the Regulations the current photos of diamonds that are to be the subject of the "diamond resale" service. At the same time, the Store should receive photos showing a given diamond from each side, so as to be able to verify its current condition.
8.7. 301 Carats, in order to verify the identity of the Client and the authenticity of the diamond to be resold, may request the presentation of relevant documents, including an identity card, presented during a videoconference with a Store representative.
8.8. The videoconference referred to in the paragraph above shall take place via publicly available communication platforms on a jointly agreed date by the Parties. 301 Carats undertakes to organize a videoconference and provide the Customer with all the necessary tools to enable communication with the Store.
8.9. Lack of the Client's consent to confirm their identity by means of a videoconference with a representative of the Store is tantamount to the inability to provide the "diamond resale" service.
8.10. The Client is obliged to provide the Store with "resold" diamonds as part of the "diamond resale" service in the same, closed, undamaged, metal packaging in which they received the purchased goods, along with a certificate confirming the authenticity of the diamond he received when purchasing it.
8.11. The Client bears the cost of delivering diamonds to the Store.
8.12. After receiving the diamond, 301 Carats checks it for possible damage and authenticity. If it is found that the diamonds have been delivered in a complete state with the appropriate certificate, 301 Carats shall make the payment to the Client in accordance with the contract concluded by the Parties. 301 Carats makes the payment within 14 days from the date of receipt of the diamonds.
8.13. If 301 Carats recognizes that the diamonds are defective or do not have the appropriate certificate/s attached to them, it shall return the goods to the address indicated by the Client within 14 days from the date of receipt of the diamonds.
8.14. Payment for the price of the "diamond resale" service will be made in the form of a bank transfer in the currency in which the Client had purchased the diamond. The Client is entitled to request the price of the "diamond resale" service in a different currency, but it will be associated with incurring any costs related to currency exchange and bank commission.
8.15. If a diamond is purchased from the Client as part of the "diamond resale" service, 301 Carats stipulates that the purchase price will not include indexation based on the inflation rate compared to the price originally paid by the customer as part of the purchase of goods.
8.16. In order to use the "diamond resale" service, the Client must check the appropriate box when completing the purchase form, choosing one of the two variants of the service referred to in point 8.19 below. In the event of failure to select the available options, it is presumed that the Client has resigned from using the service.
8.17. The Client may express the wish to use the "diamond resale" service only by the time the purchase form is submitted. Then, after submitting the purchase form, the Client will not be able to use the "diamond resale" service.
8.18. After selecting one of the two options (a or b) indicated in point 8.19. below, the price of the diamond will grow by 2% of the basic price.
8.19. The Client may use the following variants of the "diamond resale" service:
a) if the Client decides to resell the diamonds to 301 Carats after:
- the first year from the date of sale of the diamond, they will receive 70% of the original purchase price. However, after the lapse of the second year from the date of diamond purchase, the Client will not be able to use the “diamond resale" service under this option.
EXAMPLE: When a diamond is purchased on July 1st, 2021, in order to use this option, the Client will be able to apply for a "resale" of the diamond on July 2nd, 2022 at the earliest. Under this option, the Client may apply for "diamond resale" until July 1st, 2023.
- the second year from the date of sale of the diamond, they will receive 80% of the original purchase price. However, after the lapse of the third year from the date of diamond purchase, the Client will not be able to use the “diamond resale" service under this option.
EXAMPLE: If a diamond is purchased on July 1st, 2021, in order to take advantage of this option, the Client will be able to apply for a "resale" of the diamond on July 2nd, 2023 at the earliest. Under this option, the Client may apply for a "resale" of the diamond until July 1st, 2024.
- the third year from the date of sale of the diamond, they will receive 90% of the original purchase price. However, after the fourth year from the date of diamond purchase, the Client will not be able to use the diamond "resale" service under this option.
EXAMPLE: If a diamond is purchased on July 1st, 2021, in order to take advantage of this option, the Client will be able to apply for a "resale" of the diamond on July 2nd, 2024 at the earliest. Under this option, the Client may apply for a "resale" of the diamond by July 1st, 2025.
b) If the Client decides to resell the diamonds to 301 Carats after 3 years from the date of sale, they will receive 100% of the original purchase price. However, after the fourth year from the date of diamond purchase, the Client will not be able to use the diamond "resale" service under this option.
EXAMPLE: If a diamond is purchased on July 1st, 2022, in order to take advantage of this option, the Client will be able to apply for a "resale" of the diamond on July 2nd, 2025 at the earliest. Under this option, the Client may apply for a "resale" of the diamond until July 1st, 2026.
8.20. The Client may choose only one available option from the variants indicated in point 8.19 above, in relation to a specific diamond. The selected option after sending the purchase form by the Client is not subject to change.
8.21. Joining the diamond resale service is voluntary. If one of the variants indicated in point 18.9. above is selected, the Client is not obliged to join the "diamond resale" service later.
8.22. If the Store has any doubts related to the identity of the Client or the authenticity of diamonds, the "diamond resale" service will not be performed, about which the Client will be informed via email.
8.23. The store reserves the right to refuse to purchase diamonds as part of the "diamond resale" service from the Client without giving a reason.
9. Account lockout
9.1. Users are obliged to use the content of the Store in a manner consistent with the provisions of these Terms and Conditions, applicable law and the principles of social coexistence.
9.2. In the event of a breach of the provisions of these Terms and Conditions, violation of the law or otherwise affecting legally protected goods, the Operator reserves the right to block the Client’s Account, block the Client's access to some of the services available in the Store, and in particularly glaring cases - irretrievably delete the Client's account, in the event of ineffective prior call to the Client to cease the violations. Blocking the Client's Account and blocking the Client's access to some of the services available in the Store may be, at the Operator's discretion, applied for a specific period of time or until its cancellation.
9.3. The deletion of the Client's account constitutes the termination of the contract for the provision of Services with immediate effect. About the fact of blocking the account, access to some services or deletion of the account, the Client is notified to the current e-mail address.
10. Accountability of the Store Operator
10.1. The Operator undertakes to ensure the highest possible quality of provided services.
10.2. The Operator is responsible for non-performance or improper performance of services in accordance with the applicable law.
10.3. The Client acknowledges that due to the technical configuration of the equipment with which the Client browses the Store's pages, certain functions of the Store may not be available to him or her.
10.4. The Operator reserves the right to temporarily disable the operation of the Store at any time for the purposes of maintaining, updating and technical improvement of the equipment or to expand the content of the Store, the notification of which will be previously posted on the Store's website.
11. Personal Data
11.1. The Operator processes the Clients’ personal data and is their administrator.
12.1. All comments related to the functioning of the Store may be reported by the Client by sending a complaint to the following address: [adres e-mail]. The Client may submit complaints for non-performance or inappropriate service of the Operator to the same address.
12.2. A complaint should consist of:
a) indication of the Client’s data in a manner that enables his or her identification;
b) the subject of the complaint;
c) circumstances justifying the complaint;
d) indication of the demand.
12.3. Complaints shall be considered by the Operator within no more than 30 days of their receipt, provided that the Client formulates the complaint clearly and explicitly.
12.4. In the event of incompleteness or ambiguities preventing the recognition of the complaint within the above-mentioned period, the Operator will ask the Client to supplement the necessary explanation within 7 days. In the event of an unsuccessful summons, the complaint shall not be examined.
12.5. The Client shall be informed about the settlement of the complaint by a notification sent to their current email address.
12.6. If the Operator does not reply to the complaint within 30 days of its receipt, it shall be deemed to be acknowledged.
12.7. In the event when the complaint submitted by the Client who is a consumer is not acknowledged, in response to the complaint, the Operator will provide the Client with a declaration of:
a) the intention to apply for the initiation of proceedings for the out-of-court resolution of consumer disputes before the voivodship trade inspector or a consent to participate in such proceedings, or
b) the refusal to participate in the out-of-court settlements of consumer disputes before the voivodship trade inspector.
12.8. The above statement will be provided to the Client by email.
12.9. In the case referred to in point 12.7 above, the Operator, together with the statement, shall provide the Client with the information about the entity authorized to resolve the dispute amicably.
12.10. If the Operator does not submit any statement, it will be deemed that the Operator agrees to participate in the out-of-court resolution of consumer disputes.
13. Final provisions
13.1. These Terms and Conditions are available at the headquarters of the Operator and at the electronic address https://301carats.com/ in an electronic version, enabling its acquisition, retrieval and recording using the ICT system used by the Client.
13.2. The Operator reserves the right to amend these Terms and Conditions. Information about changes to the Terms and Conditions shall be sent to the Client by email to the email address provided by them. Regardless of this, information about changes to the Terms and Conditions will be published on the home page of the Store.
13.3. The changes come into force after 7 days from the day they are made available to the Client.
13.4. In the event of non-acceptance of the changes to the Terms and Conditions, the Client is entitled to terminate the Agreement by sending the appropriate statement to the address email@example.com before the effective date of the amendments to the Terms and Conditions. In this case, until the expiry of the Agreement, the provisions of the Terms and Conditions in the previous wording shall apply, and the Agreement shall expire on the date of entry into force of the amendments to the Terms and Conditions.
13.5. In matters not covered by these Terms and Conditions, the provisions of the Polish law shall apply, in particular the Civil Code, the Act of 18 July 2002 on the provision of electronic services, the Act of 30 May 2014 on consumer rights, the Act of 23 September 2016 on out-of-court settlement of consumer disputes and GDPR.
13.6. Any disputes with the Client who is a consumer will be settled by a common court having jurisdiction in accordance with the provisions of the Code of Civil Procedure, while any disputes with the Client who is not a consumer will be resolved by a common court having jurisdiction over the Operator's seat.
13.7. After exhausting the complaint procedure, the Client who is a consumer is entitled to use out-of-court methods of resolving consumer disputes.
13.8. The Users who are consumers may use out-of-court complaint and redress methods, including via the ODR platform, in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution for consumer disputes. and amendments to Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on consumer ODR). The ODR platform is an interactive website through which consumers can submit complaints. It is available at: http://ec.europa.eu/consumers/odr.
13.9. Provisions regarding consumers in the scope of art. 3851-3853, art. 556-576 (with the exception of Article 558 § 1, second sentence, Article 563 and Article 567 § 2), as well as 5761-5764 of the Civil Code, as well as regarding the right to withdraw from the contract - applies to a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
Appendix No. 1 Template form of withdrawal from the contract .docx
Appendix No. 2 Template Form for natural persons and sole proprietors .docx
Appendix No. 3 Template form for legal entities .docx