Terms of service

Terms and conditions of the Internet Service

§ 1 

Definitions 

  1. Internet Service - Internet service available at https://olgasitnik.com, run by the Seller, where it is possible for the Buyer to purchase Goods from the Seller.

  2. Seller, Service Provider - a company operating under the name of Olga Sitnik Designs limited partnership with its registered office in Washington, USA, e-mail: info@olgasitnik.com

  3. User – a natural person who has reached the age of 13, whereby if the person has not reached the age of 18, the consent of his/her statutory representative is required, unless the person has full legal capacity, as well as a legal person or an organizational unit without legal personality, to which legal capacity is granted by law, who uses the Internet Service. 

  4. Buyer – A user who enters into a sales agreement with the Seller on the Internet Service.

  5. Consumer – Buyer being a natural person who enters into a relevant agreement with the Seller not directly related to his business or professional activity.

  6. Goods – handmade gemstone jewelry offered by the Seller as part of the Internet Service.

  7. Electronically Supplied Service – service provided without the simultaneous presence of the Service Provider and the User (at a distance) through the transmission of data at the individual request of the Buyer, transmitted and processed by means of equipment for electronic processing, including digital compression, and storage of data, which is entirely transmitted, received or transmitted via a telecommunications network. 

  8. Distance contract - a relevant contract concluded with the Consumer within an organized system of concluding contracts at a distance, without the simultaneous physical presence of the Consumer and the Seller, with the exclusive use of one or more means of distance communication up to and including the conclusion of the relevant contract.

  9. Order - a declaration of will of the Buyer, submitted via the Internet Service, specifying in particular the type and quantity of Goods ordered by the Buyer and other data, including those concerning the Buyer, necessary to place the order.

  10. Account –an electronic service made available to the User as part of the Service, allowing the User to use additional functionalities. The User accesses the Account by means of a login and associated password. The Users logs into their Account after registering on the Service Internet. The Account allows saving and storing information about the User's address data for shipment of Goods, tracking the status of the Order, access to the Order history, as well as other services made available to the Buer by the Seller.

  11. Registration the process of creating an Account on the Internet Service, after providing User data and accepting the Terms and Conditions. 

  12. Contact form – Electronically Supplied Service, an interactive form available on the Internet Service's tabs that allows contact to be made between the User and the Service Provider. 

  13. Terms and Conditions – these terms and conditions.

  14. Users content – content sent or published by the User through the Internet Service and/or in connection with Electronically Supplied Services. 

§ 2 

General provisions 

  1. These Terms and Conditions regulate the principles, procedure and manner of concluding agreements with the Service Provider within the Internet Service and specify the rules for the use of the Internet Service by Users. 

  2. The Service Provider can be contacted through E-mail address: info@olgasitnik.com

  3. The Terms and Conditions constitute the rules and regulations for the Electronically Supplied Services and the general terms and conditions of contracts concluded with the Seller on the Internet Service. 

  4. Terms and Conditions are used in case of: a. use of the Service by Users, among others, by opening, viewing, sharing it, b. purchase by Buyers of Goods available on the Internet Service, c. purchase of Goods by Buyers bypassing the functionalities available on the Internet Service. 

  1. The Seller shall enable the User to purchase Goods currently available within the Internet Service. Detailed information about the Goods offered by the Seller can be found each time in their description made available within the Internet Service. The description includes, in particular, information on price and basic features of the Goods. The information about the Goods and their price available on the Internet Service constitutes only an invitation to submit an offer.  

 

§ 3 

General provisions

  1. The Terms and Conditions are addressed both to Users who are Consumers and Entrepreneurs.

  2. Acceptance of the Terms and Conditions is voluntary, but necessary to create an Account and place Orders, conclude sales agreements, and may be necessary to use other Electronically Supplied Services provided by the Seller.

  3. The User can place Orders without creating an Account.

  4. The use of the Internet Service, in particular the use of Electronically Supplied Services or conclusion of sales agreements is possible provided that the technical requirements indicated in § 5 are met by the terminal device and information and communication system used by the User. In the case of possible non-compliance of the Electronically Supplied Services with the Terms and Conditions - the User is obliged to cooperate with the Service Provider in order to determine whether the non-compliance of the Electronically Supplied Services with the Terms and Conditions is due to the characteristics of the User's digital environment.  

§ 4 

Electronically Supplied Services

1.     The Seller, through the Internet Service, provides the following Electronically Supplied Services to Users free of charge: 

a) Account; 

b) Storing and making available to the Buyers through the Account the history of Orders; 

c)  Enabling Buyers to place Orders and conclude sales agreements, under the terms and conditions specified in the Terms and Conditions.; 

d) Enabling browsing of the content placed within the Internet Service; 

e) Contact form.  

2.    The Agreement for Electronically Supplied Services for an Account is concluded when the following conditions are met together: (i) effective completion and acceptance by the User (sending to the Seller) of the registration form to create an Account, (ii) acceptance of the Terms and Conditions, and (iii) confirmation by the User of the conclusion of the agreement for the Electronically Supplied Services by clicking on the activation link sent by the Service Provider to the e-mail address provided by the User in the course of registration. The Account is provided free of charge for an indefinite period of time. 

3.      In particular, the User is obliged to: 

a)     to provide in the Order and within the Account only true, current and all necessary data of the User, and in case of any change to them to immediately update the data, including personal data, provided to the Seller by the Buyer in connection with the conclusion of the sales agreement or use of Electronically Supplied Services,

b)     use the Electronically Supplied Services in a manner that does not interfere with the functioning of the Seller or the Internet Service,  

c)     use the Electronically Supplied Services in a manner consistent with the law, the provisions of the Terms and Conditions, as well as with the customs and rules of social coexistence accepted in the given field,

d)     keep the login and password confidential, in particular, not to make them available to unauthorized persons,

e)    not to provide or transmit within the Service any content prohibited by law, in particular content that violates third parties' property copyrights or their personal rights. 

  

§ 5 

Minimum technical requirements 

  1. In order to use the Internet Service, it is necessary to meet the following minimum technical requirements: 

A. having a computer with access to the Internet with the recommended operating system Windows 11 and Mac OS 10.10. or the minimum operating system Windows 7 or a mobile device running Android or iOS 

B. having one of the web browsers that supports JavaScript and cookies installed

i. Microsoft Edge starting with the version 85; 

ii. Mozilla Firefox starting with the version 70; 

iii. Google Chrome starting with the version 70; 

iv. Opera starting with the version 70; 

v. Safari starting with the version 14; 

2. Conclusion of contracts within the Internet Service requires, in addition to meeting the requirements indicated in sec. 1 of this section, having an active electronic mail (e-mail) account and a bank account or payment card (as appropriate to the method of payment). The payment operator may require the fulfillment of additional conditions, such as making authorization with a cell phone. 

3. In order to ensure the security of the provision of services and data transmission, the Seller shall take measures, in particular technical measures, adequate to the threat, in particular measures to prevent unauthorized persons from obtaining and modifying personal data transmitted over the Internet. 

§ 6 

Use of the Internet Service

  1. The Service Provider carries out ongoing supervision of the technical functioning of the Internet Service, ensuring the correctness of its operation. However, the Service Provider does not guarantee the constant availability of the Internet Service pages, as well as their flawless functioning.

  2. The Service Provider reserves the right to withdraw or modify the description of services and Goods from the Internet Service, as well as reserves the right to interrupt or stop the operation of the Internet Service due to, among other things, maintenance activities. This does not affect the Seller's obligations related to purchases previously made.

  3. The use of the Internet Service is possible on condition that the User's data communications system meets the minimum technical requirements indicated in § 5 of the Terms and Conditions.

  4. The Service Provider shall not be liable for technical problems or technical limitations occurring in the computer equipment used by the User, which prevent the ̨User from using the Internet Service properly. 

  5. Information on the risks associated with the use of Electronically Supplied Services are Appendix No. 2 to the Terms and Conditions.

  6. The User is obliged to use the Internet Service in a manner consistent with these Terms and Conditions, applicable law, rules of social coexistence and the purposes of establishing the Internet Service, and in particular in a manner that does not violate the rights of third parties and the rights and interests of the Service Provider.  


§ 7 

Placing an Order

1. The Buyer shall purchase the Goods through the Internet Service.  

2. The Buyer selects the appropriate item on the Internet Service by adding the Goods to a virtual shopping cart, and then may make a purchase by placing an Order.  Placing an Order constitutes an offer by the Buyer to the Seller to conclude a sales agreement through the Internet Service. 

3. The Order is placed, after completing the necessary data in the form and confirming acceptance of the Terms and Conditions by checking the square in the appropriate place under the form, with the moment the Buyer presses the appropriate button "Order and pay".  

4. After placing an Order, a message confirming the Order will be sent immediately to the e-mail address indicated in the Order form. The message also contains a description and characteristics of the purchased Goods. Upon receipt by the Buyer of the above message, the contract of sale between the Buyer and the Seller is concluded. Confirmation, access, consolidation, securing the content of the concluded contract of sale takes place by sending to the Buyer the above-mentioned electronic message with confirmation of receipt of the Order. However, the condition for fulfillment of performance by the Seller is payment by the Buyer within the time limit and under the terms of the Terms and Conditions.  

5. The User can make payment by: 

a. Apple Pay, Meta Pay, Shopify Payments, PayPal, ShopPay 

b. other forms of payment made available by the Seller

6. In the Order form, the Buyer is obliged to provide data that is truthful, accurate and up-to-date, not misleading and not infringing on the rights of third parties. 

7. A Buyer who has chosen payment via Apple Pay, Meta Pay, Google Pay, PayPal, ShopPay when placing an Order should pay the price and delivery costs of the Order immediately after being redirected to the payment page. If payment is not made within the above time, the Order may be canceled by the Seller, and information about this is sent to the Buyer at the e-mail address provided when placing the Order. The user shall not incur any costs in connection with the cancellation of the Order. 

§ 8 

Delivery

1. In the case of sale of Goods, the Seller shall make available to the Buyer the forms of delivery listed on the Internet Service website (delivery is made upon prepayment).   

2. Delivery of Goods is also possible outside the US. Delivery costs outside the US will be separately determined. 

3. In the course of placing an Order, the Buyer will be informed of the amount of delivery costs for the Goods. They depend on the method of delivery chosen by the Buyer. 

4. Delivery of the Goods to the Buyer shall be made immediately, but within 30 days at the latest, unless the sales contract (including the description in the Internet Service) provides otherwise. The 30-day period is calculated from the date of payment. 

 

§ 9 

Conformity of the Goods with the Contract

1. The subject of the contract concluded with the Seller is the Goods selected by the Buyer when placing the Order. The description of the selected Goods constituting the subject of the contract is the description made available within the Internet Service next to the given Goods. 

2. The Buyer, upon receipt of the consignment containing the Goods, shall be obliged to check its conformity. 

3. The Seller shall not be liable for non-compliance of the Goods with the contract if the description of the Goods attached within the Internet Service indicated that the Goods do not contain features that the Consumer could reasonably expect, and the Consumer by placing the Order expressly and separately accepted the lack of a specific feature of the Goods.

 

§ 10

Lack of conformity of the Goods with the Contract

1. The Seller shall be liable for the lack of conformity of the Goods with the contract existing at the time of their delivery and disclosed within 60 days from that time, unless the shelf life of the Goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. The lack of conformity of the Goods with the contract, which became apparent before the expiration of two years from the time of delivery of the Goods, shall be presumed to have existed at the time of delivery of the Goods, unless the contrary is proven or the presumption cannot be reconciled with the specifics of the Goods or the nature of the lack of conformity of the Goods with the contract. 

2. Detailed provisions concerning complaints about Goods purchased by the Buyer under the Sales Contract concluded with the Seller are set forth in the provisions of the Consumer Rights Act. These provisions define, in particular, the basis and scope of the Seller's liability to the Consumer, in case of non-compliance of the Product with the Sales Agreement. 

3. A complaint may be filed in electronic form via e-mail to: info@olgasitnik.com

4. The complaint shall be accompanied by:   

a) Defective Goods together with the elements of the set, if any were issued; in packaging ensuring safe transportation of the items.

b) if possible, proof of purchase (e.g., receipt or invoice), if provided in paper form.  

5. It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity or non-conformity with the contract; (2) the demand for a method of bringing the complaint into conformity with the contract or a statement of price reduction or withdrawal from the contract or any other claim; and (3) contact information of the complainant - this will facilitate and expedite the processing of the complaint. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.  

6. In the event of a change in the contact details provided by the complainant during the processing of the complaint, the complainant shall be obliged to notify the Seller of the change.  

7. The Seller will respond to the complaint immediately, no later than within 7 calendar days from the date of its receipt.  

 

§ 11 

Complaint regarding the functioning of the Internet Service 

  1. Complaints related to the functioning of the Internet Service may be filed for non-performance or improper performance of the Electronically Supplied Service by the Service Provider. 
  2. A complaint regarding non-performance or improper performance of the Electronically Supplied Service should include, in particular, its subject and the circumstances justifying it. The Service Provider shall consider the complaint within 30 (in words: thirty) days from the date of its filing. Exceeding the deadline does not imply recognition of the User's claim. 

 

§ 12 

Intellectual Property 

All and exclusive rights to the content posted within the Internet Service by the Seller or its contractors, especially graphic elements, logos, names, software and database rights are subject to legal protection and belong to the Service Provider or entities cooperating with the Service Provider. The User is entitled to use such content free of charge, as well as to use content posted in accordance with applicable laws and already distributed by other Users within the Internet Service only to the extent necessary for the proper use of the Internet Service, without territorial restrictions. 
 

§ 13 

User content and its moderation

  1. The User is entitled to use the Internet Service in accordance with its purpose, within the limits of the law and good customs of the information society, respecting the rights and property of others.  
  2. It is forbidden to post User Content that remains contrary to applicable laws, moral and social norms and the Terms and Conditions, in particular: a) false, misleading or likely to mislead the Seller and/or other Users, b) violating the rights and/or personal rights of third parties,  c) violating or likely to violate copyright or other intellectual property rights of third parties, d) violating consumer protection rights, e) discriminatory (including but not limited to gender, race, nationality, ethnicity, language, religion, sexual or gender affiliation), inciting violence or hatred or of pornographic nature,  f) offensive, vulgar (including in foreign languages) or containing threats directed at third parties, g) serving to conduct activities prohibited by law, such as attempts to defraud and extort funds from other Users; h) serving to conduct unauthorized advertising, promotional, marketing activities, in particular by posting advertisements, sales and promotion of products, services, projects, collections, i) serving to conduct activities competitive to the Service Provider, such as promoting competing online stores, including those containing addresses or names of competing stores, j) violating the applicable legal order or good morals in any other way. 
  3. The publishing or uploading of any User Content on the Internet Service is automated, and the Service Provider does not automatically verify all User Content uploaded/published using the functionality of the Internet Service. 
  4. The Service Provider shall be entitled to moderate User Content if it constitutes illegal Content and/or violates the Terms and Conditions.