General Terms and Conditions and Client Information

Table of Contents

1. Scope of Application
2. Offer and Conclusion of the Contract
3. Cancellation Right
4. Price and Payment Terms
5. Shipment and Delivery Conditions
6. Intellectual Property Rights and Retention of Title
7. Warranty
8. Redemption of Promotion Vouchers
9. Alternative Dispute Resolution

1. Scope of Application
   • These Terms and Conditions (hereinafter referred to as "T&C") of the company "Fortuna Piotr Stanienda" with its head office at Kopernika 3/8, 58-500 Jelenia Gora, Poland, VAT identification number: PL6261026800, telephone number: 0048601500075, e-mail: Ten adres pocztowy jest chroniony przed spamowaniem. Aby go zobaczyć, konieczne jest włączenie w przeglądarce obsługi JavaScript. , represented by Piotr Stanienda (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented by the Seller on the online shop/selling platform: www.stanienda-collection.com (hereinafter referred to as "Online Shop"). The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
   • A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
   • Individual agreements concluded between the Seller and the Client in writing (including collateral agreements, supplements and amendments) shall in any case take precedence over these General Terms and Conditions.
   • The contractual language is English.
   • The business relationship between the Seller and the Client shall be governed by the law of the country in which the Seller is domiciled.
2. Offer and Conclusion of the Contract
   • In the Online Shop the Seller offers the Client various products for sale, in particular watch straps, watch strap clasps, wristwatches and other accessories for watch straps and wristwatches. All products offered in the Online shop and delivered by the Seller are new, unused and in their original packaging.
   • The visual representations of the products with their descriptions in the Online Shop do not constitute legally binding offers on the part of the Seller, but merely serve the purpose of inviting the Client to place an order.
   • Changes and errors are reserved for all visual representations of the products and their descriptions in the Online Shop. Although the Seller makes every effort to present the products offered as truthfully as possible, the colours and shapes of the products shown in the Online Shop may slightly differ from the actual ones, due to several factors independent of the seller, such as the browser or screen used by the Client. For the above-mentioned reasons the Seller cannot accepts any responsibility for such deviations and differences.
   • The Client can place the order via the online ordering process integrated in the Online Shop by using the standard keyboard and mouse functions. During the virtual ordering process, the Client receives instructions and information to follow. Once the Client has found the desired article, he can without any obligation place it in the virtual shopping basket by clicking on it. The Client can view the current content of his shopping cart at any time by clicking on the icon of the shopping cart. The Client has the possibility to remove the articles from the shopping cart at any time. After entering all data and selecting the payment method, the Client can check the information again and correct it if necessary. Before placing a binding order, the Client can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for a better recognition of input errors can be the zoom function of the browser, with which the display on the screen is enlarged. As part of the electronic ordering process, the Client can correct his entries using the usual keyboard and mouse functions until he clicks the button that completes the ordering process. The ordering process can be cancelled at any time, e.g. by closing the browser.
   • After the Client has gone through the electronic order process and checked the correctness of his details in the online order form, he can place a legally binding order with regard to the goods contained in the shopping basket by clicking on the final button. The order details are transmitted to the Seller in encrypted form.
   • The contract shall be deemed concluded if the seller sends the Client an order confirmation by e-mail within 2 (two) working days after receipt of the Client order. The order confirmation shall contain a detailed VAT invoice with a list of the purchased products and other costs as well as the cancellation policy and T&C in text form.
   • If the Seller does not confirmed the Client's order within the aforementioned period, this shall be deemed to be a rejection of the order with the consequence that the Client is no longer bound by his declaration of intent.
   • No registration is required to place an order as an individual Client. Registration is only required for wholesale orders. For this purpose, the wholesaler should fill in a form available on the wholesale page.
   • The order and contract text can no longer be retrieved after completion of the order process. After completion of the order, the Client order data is no longer accessible via the Internet for security reasons. However, the Client can print out the order data immediately after sending the order or save it on his data carrier.
   • Order processing and contacts between the Seller and the Client usually takes place by e-mail and automated order processing. The Client must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Client must ensure that all e-mails can be delivered by the Seller.
   • The Seller makes every effort to answer all Client’s emails and inquiries within 24 hours. However, it should be borne in mind that the Seller is a commercial company and therefore does not work on Saturdays, Sundays and holidays.
3. Cancellation Right
   • Client is entitled to the right of cancellation.
   • Detailed information about the right of cancellation is provided in the Seller’s instruction on cancellation, which the Client receives with the order confirmation.
4. Price and Payment Terms
   • All prices on the product pages of the Online Shop are quoted in Pound sterling (GBP/£) or US Dollar (USD/$). Unless otherwise stated in the product description in the Online Shop, the prices quoted are total prices which include the statutory value added tax (VAT), packaging costs and other price components. If necessary, additional delivery and shipping costs will be indicated separately in the respective product description. Wholesale prices are net prices.
   • Discounts are offered only for wholesale orders. The discount rates are on the wholesale page.
   • For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Client. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is destined to a country of the European Union, but the Client makes the payment from a country outside the European Union.
   • Payment is due when the goods are ordered in the Online shop, unless a later due date has been agreed between the Seller and the Client. The payment methods are available to the Client in the Online shop at the end of the order process, whereby payments by bank transfer as well PayPal and PayU are offered as a standard option.
   • If the payment is made by one of the payment methods offered by PayPal, it is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Client does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5. Shipment and Delivery Conditions
   • The ordered products will be delivered to the Client upon receipt of full payment.
   • If the Seller is unable to deliver the ordered goods, he must immediately inform the Client about this fact and within 2 (two) working days and reimburse the full amount paid by the Customer for the purchase and delivery of the goods.
   • If the Seller is able to fulfil only part of the order, he must immediately inform the Customer, who may or may not agree to a partial delivery. In any case, the Seller shall be obliged to return to the Customer within 2 (two) working days the difference between the value of the order and the value of the goods actually delivered.
   • Delivery time for the products bought in the Online Shop is between 2 and 7 working days after receipt of full payment. If other delivery times apply, these are indicated on the page of the product they relate. Special orders from wholesalers are delivered between 7 and 14 days or as agreed.
   • All goods purchased in the Online Shop are delivered door-to-door by such courier companies as DHL, Hermes, DPD, GLS or FEDEX. The Seller covers all shipping costs within the country where the order was placed, unless otherwise stated on the product page in the Online Shop or agreed upon. The Seller does not cover any costs of foreign shipment. If the Client wishes to receive additional services related to the shipment of goods, including foreign shipment, he shall cover the relevant costs.
   • Delivery of goods shall be made on the dispatch route to the delivery address indicated by the Client in the online order form, unless otherwise agreed upon.
   • Should the assigned courier company return the goods to the Seller because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively or if the delivery cannot be made due to circumstances beyond the Client’s control.
   • Personal collection is not possible for logistical reasons.
   • If the goods are dispatched to the Client, the risk for loss or damage of the goods shall pass to the Client if the Client or a third party designated by the Client has taken possession of the goods.
6. Intellectual Property Rights and Retention of Title
   • Unless otherwise stated, the Seller is the owner of all rights to the Online shop and its contents, including all copyrights and other intellectual property rights to texts, images, sound recordings, software and other materials. All rights reserved.
   • The products ordered by the Client remain the property of the Seller until full payment by the Client.
7. Warranty
   • If the delivered goods do not correspond to the order or show obvious material or manufacturing defects, which also include transport damages, the Client is obliged to complain about such defects immediately to the Seller in an e-mail sent to the address: Ten adres pocztowy jest chroniony przed spamowaniem. Aby go zobaczyć, konieczne jest włączenie w przeglądarce obsługi JavaScript..
   • Failure to make the above complaint shall not, however, have any consequences for statutory customer claims for all defects in the purchased goods occurring during the statutory warranty period.
8. Redemption of Promotion Vouchers
   • Vouchers issued free of charge by the Seller as part of promotions with a certain validity period and which cannot be purchased by the Client (hereinafter “Promotional Vouchers”) can only be redeemed in the Online Shop and only within the specified period.
   • Promotional vouchers can only be redeemed by Clients.
   • Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotion voucher or if there is a corresponding message on the product page in the Online shop.
   • Promotional vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.
   • Several promotion vouchers can also be redeemed for one order.
   • The value of the goods must at least correspond to the amount of the promotion voucher. Any remaining balance will not be refunded by the seller.
   • If the value of the promotional voucher is not sufficient to cover the order, one of the payment methods offered by the Seller can be chosen to settle the difference.
   • The credit balance of a promotion voucher is neither paid out in cash nor interest-bearing.
   • The promotion voucher will not be refunded if the Client returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory cancellation right.
   • The promotion voucher is only intended for use by the person named on it. A transfer of the promotion voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the entitlement of the respective voucher holder.
9. Alternative Dispute Resolution
   • The EU Commission provides on its website the following link to the ODR platform: https://www.ec.europa.eu/consumers/odr
   • This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
   • The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.