Highlights of the regulations and our store
We know that reading regulations is not a passionate activity, so in order to make it easier for you to get to the most important information about our store and its rules of use, we have prepared a summary of them.
1. The store is owned by SGP Metal Trade Sp. z o.o.
2. You can contact us by e-mail (kontakt@srebrnamennica.pl), snail mail (ul. Pasteura 6a/5, 31-221 Kraków) or by phone (+48 664 253 104).
3. In order to make shopping in our store more convenient, we encourage you to create an account, while it is not mandatory. Independently, the created account can be deleted at any time.
4. All information about the goods available in the store and the possible methods of payment and delivery will be displayed on the screen of your device in the course of placing an order. Orders can be collected in person, at the company's headquarters (free of charge) or ordered for delivery by courier (cost: PLN 20) or to a parcel machine (cost: PLN 13).
5. After placing an order, it is necessary to pay for it (an unpaid order may be canceled).
6. The purchased goods should reach you intact. If the package of goods is damaged, you should write a damage report and contact us immediately.
7. You can return the purchased goods without giving any reason within 14 days from the date of delivery. We will refund you the money for the goods no later than 14 days from the day we receive the returned goods or proof of their return.
8. If the goods arrive to you damaged, defective or otherwise not in conformity with the sales contract, you may file a complaint regarding them. We will respond to the complaint within 14 days of receipt.
9. If you have problems with your account, you have the right to file a complaint regarding it (please submit it by e-mail). We will respond to the complaint within 14 days of receipt.
10. In order to enable you to use the store and process the orders you place, we process your personal data. You will find detailed information on this subject in our Privacy Policy: www.srebrnamennica.pl/polityka-prywatnosci/.
You can find the full content of the store's regulations below.
If you have any questions or concerns about the regulations or shopping in our store, please contact us!
We wish you a successful shopping experience!
TERMS AND CONDITIONS OF "SILVER MINT" ONLINE STORE
§ 1 General provisions
1. These Regulations (hereinafter: "Regulations"), define the terms and conditions of use of the online store "Silver Mint" operating at the Internet address www.srebrnamennica.pl (hereinafter: "Store").
2. Regulations are the regulations referred to in Article 8 of the Act of July 18, 2002 on the provision of services by electronic means (hereinafter: "Act on the provision of services by electronic means").
3. The store is owned by SGP Metal Trade spółka z ograniczoną odpowiedzialnością with its registered office in Kraków (address: ul. Pasteura 6a/5, 31-221 Kraków), entered into the Register of Entrepreneurs of the National Court Register by the District Court in Kraków, XI Economic Division of the National Court Register under KRS number: 0001068230, holding NIP: 9452282088, REGON number: 526911409, entered on 28.11.2023 to the register of exchange activities under number 20209 in the limited scope (purchase and sale of foreign exchange gold and foreign exchange platinum and intermediation in their purchase and sale) (hereinafter: "Seller").
4. Contact with the Seller is possible via:
1) e-mail - at: kontakt@srebrnamennica.pl;
2) traditional mail - at: 6a Pasteura Street, 31-221 Kraków;
3) phone - at +48 664 253 104.
5. Within the scope of its activities, the Seller:
1) sells Goods that can be purchased by Buyers;
2) provides Users with the Account Service.
6. In accordance with the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: "DSA"), the Seller has designated a point of contact for direct communication with the authorities of the EU Member States, the European Commission, the Digital Services Board and the Users of the Website on matters covered by the DSA regulation. The contact point can be accessed at: kontakt@srebrnamannica.pl. Communication within the contact point takes place in Polish.
7. Information about the Goods available in the Store, in particular their descriptions, technical and usage parameters and prices, constitute an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Act of 23 April 1964 Civil Code (hereinafter: "Civil Code").
8. Before using the Store, the Customer is obliged to read the Regulations and Privacy Policy.
9. Information contained on the Store's website and presented by the Seller are solely their private opinions and do not constitute investment advice within the meaning of the Act of July 29, 2005 on trading in financial instruments. The Buyer makes investment decisions solely on his own responsibility. All investments involve risk, so any decision to make an investment should be thoughtful and take into account the volatility of the precious metals market.
§ 2 Definitions
Capitalized words used in the Regulations have the following meanings:
1) Business Day - a day that is not a Saturday, Sunday or any other holiday within the meaning of the provisions of the Act of January 18, 1951 on Public Holidays;
2) Customer - a User or Buyer;
3) Civil Code - the term defined in § 1(6) of the Regulations;
4) Consumer - a natural person making a legal transaction with the Seller that is not directly related to his/her business or professional activity;
5) Account - a panel created in the Store's IT system, allowing the User to use its functionality, in particular to purchase Goods;
6) Buyer - a person who is a Consumer, Entrepreneur or Entrepreneur on the rights of a Consumer, who has concluded a Sales Contract with the Seller or has taken steps to conclude one;
7) Buyer's License - the term defined in § 11.23 of the Terms and Conditions;
8) Non-Compliance - shall mean:
(a) non-conformity of the Goods with the Contract of Sale (the criteria for assessing the conformity of the Goods with the Contract of Sale are defined in Article 43b Paragraph 1-2 of the Consumer Rights Act) or
b) non-conformity of the Account Service with the Agreement for the provision of the Account Service (the criteria for assessing the conformity of the Account Service with the Agreement for the provision of the Account Service are set forth in Article 43k, paragraphs 1-2 of the Consumer Rights Act);
9) Operator - the term defined in § 11(2) of the Regulations;
10) Opinion - the Buyer's opinion about the process of processing the Order or about the Goods purchased by the Buyer, expressed by assigning points on a scale determined by the Seller or by describing the experience of using the Store or the Goods;
11) Privacy Policy - a document containing information about the processing of Customers' personal data by the Seller;
12) Entrepreneur - a natural person, a legal person or an organizational unit without legal personality, to which special regulations grant legal capacity, conducting business or professional activity in its own name;
13) Entrepreneur on the rights of a Consumer - a natural person conducting a business or professional activity on his own behalf, who has entered into an Agreement with the Seller directly related to his business activity, but which does not have a professional character for this person, resulting in particular from the subject of his business activity;
14) Terms and Conditions - the term defined in § 1(1) of the Terms and Conditions;
15) Seller - the term defined in § 1 Section 3 of the Regulations;
16) Goods - a movable item available in the Store within the meaning of the Civil Code, which may be purchased by the Buyer, in particular precious metals and investment coins made of these metals;
17) Agreement - Agreement for the provision of Account Services or Sales Agreement;
18) Agreement for the provision of the Account Service - an agreement for the provision of a digital service within the meaning of the Consumer Rights Act, pursuant to which the Seller undertakes to provide the Account Service to the User free of charge for an indefinite period of time, and the User undertakes to provide the Seller with personal data;
19) Sales Contract - a sales contract within the meaning of the Civil Code, on the basis of which the Seller undertakes to transfer ownership of the Goods to the Buyer and deliver the Goods to the Buyer, and the Buyer undertakes to collect the Goods and pay the price to the Seller;
20) Account Service - a digital service within the meaning of the Consumer Rights Act, consisting of the creation and maintenance of an Account by the Seller for the benefit of the User;
21) Consumer Rights Law - the Law of May 30, 2014 on consumer rights;
22) Electronic Services Act - the term defined in § 1(2) of the Terms and Conditions;
23) User - a person who is a Consumer, an Entrepreneur or an Entrepreneur on the rights of a Consumer, who has concluded an Agreement with the Seller for the provision of the Account Service or has taken steps to conclude such an Agreement;
24) Order - the term defined in § 6(5) of the Terms and Conditions;
25) Submitter - the term defined in § 11(8) of the Terms and Conditions;
26) Submission - the term defined in § 11(8) of the Regulations.
§ 3 Technical Requirements
1. In order for Customers to properly use the Store, it is necessary to collectively:
1) connection to the Internet;
2) possession of devices that allow the use of Internet resources;
3) the use of a web browser that allows hypertext documents to be displayed on the device's screen, linked on the Internet via the World Wide Web service, and that supports the JavaScript programming language and, in addition, accepts cookies;
4) having an active e-mail account.
2. Within the Store, it is prohibited for Customers to use viruses, bots, worms or other computer codes, files or programs (in particular, process automation scripts and applications or other codes, files or tools).
3. Seller informs that it uses cryptographic protection of electronic transfer and digital content through the use of appropriate logical, organizational and technical measures, in particular to prevent third party access to data, including through SSL encryption, use of passwords for access and anti-virus or anti-wanted software programs.
4. The Seller informs that, despite the use of safeguards referred to in paragraph 3 above, the use of the Internet and services provided electronically may be at risk of access to the ICT system and the Customer's device, harmful software or access to the data on this device by third parties. In order to minimize the aforementioned threat, the Seller recommends the use of anti-virus programs or means of protecting identification on the Internet.
§ 4 Rules of using the Store
1. Customer is obliged to use the Store in a manner consistent with the common law, the provisions of the Terms and Conditions, as well as with good morals.
2. Provision of unlawful content by the Customer is prohibited.
3. Prices of the Goods available in the Store are expressed in Polish zloty (PLN) and are gross (they include all mandatory price components, including due VAT).
4. Buyer can purchase Goods both after creating an Account and without creating an Account. In the case of creating an Account, the Buyer should log in to it before starting purchases.
§ 5 Contract for the provision of the Account Service.
1. In order to conclude the Agreement on provision of the Account Service, the User should perform the following steps:
1) go to the Store's website, and then click on the "Login" tab,
2) enter the e-mail address in the form that appears;
3) obligatorily check the checkbox next to the statement about reading the Regulations and Privacy Policy and accepting their provisions;
4) click the "Register" button.
2. After clicking the "Register" button, an activation link is sent to the User's e-mail address. After clicking on the activation link, the User is redirected to a form where he/she should complete the following data:
1) first and last name;
2) password to the Account created by the User;
3) residence/business address (street, house number, apartment number, city, postal code, country);
- and then approve the form.
3. Approval of the form referred to in paragraph 2 above is tantamount to the User entering into an Agreement for the provision of Account Services.
4. The User shall gain access to the Account immediately after the conclusion of the Agreement for the provision of the Account Service.
5. By means of the Account, the User may, in particular:
1) store your personal data;
2) place Orders and review placed Orders.
6. The Vendor informs, and the User acknowledges, that maintaining the compatibility of the Account Service with the Agreement for the provision of the Account Service does not require the User to install its updates.
7. In the event that the User fails to grant access to the Account immediately after the conclusion of the Agreement for the provision of the Account Service, the User shall summon the Seller to grant access to the Account immediately. The summons referred to in the preceding sentence may be sent by e-mail to the address specified in § 1.4.1 of the Terms and Conditions. If the Seller does not grant the User access to the Account immediately after receiving the summons referred to in the preceding sentence, the User may withdraw from the Agreement for the provision of Account Services.
8. Notwithstanding the provisions of Paragraph 7 above, if the User fails to provide the User with access to the Account, the User may withdraw from the Agreement for provision of the Account Service without calling the Seller to provide access to the Account, if at least one of the cases indicated in Article 43j Paragraph 5 of the Consumer Rights Act occurs.
9. Notwithstanding the provisions of Paragraphs 7-8 above, you may terminate the Agreement for the provision of Account Services at any time and without stating a reason, with immediate effect. In addition, pursuant to Article 27 et seq. Consumer Rights Act, the User may withdraw from the Agreement for the provision of the Account Service without stating a reason, within 14 (fourteen) days from the date of its conclusion.
10. Withdrawal from or termination of the Agreement for the provision of Account Services, regardless of the basis for this action, shall be made by the User submitting to the Seller a statement of withdrawal from or termination of the Agreement for the provision of Account Services. The statement referred to in the preceding sentence may be sent by e-mail to the address specified in § 1.4.1 of the Regulations. The Seller shall delete the Account immediately upon receipt of the statement referred to in the preceding sentence.
11. In the case of the User's use of the Account in a manner contrary to the generally applicable law, the provisions of the Regulations or good morals, as well as provision by the User of content of an unlawful nature, the Seller may terminate the Agreement for provision of the Account Service with a notice period of 7 (seven) days, by submitting to the User a notice of termination via e-mail. Upon expiration of the notice period indicated in the preceding sentence, the Account shall be permanently deleted. During the notice period, the Seller may block the User's access to the Account for a period not exceeding 7 (seven) days, if it is necessary to prevent the User from committing further violations.
12. If the measure referred to in paragraph 11 above is applied, the User against whom the measure has been applied may file an appeal according to the rules described in § 11 of the Regulations.
13. The blocking or deletion of the Account does not affect the performance of the Sales Agreements concluded by the User before the blocking or deletion of the Account.
§ 6 Sales Agreement
1. In order to conclude a Sales Contract, the Buyer should perform the following actions:
1) enter the Store's website;
2) enter the tab of the selected Goods and click the "Add to Cart" button;
3) enter the "shopping cart" tab and click the "Order" button;
4) enter or select the following data in the form that appears:
(a) name;
(b) email address;
(c) phone number;
d) residential/business address (street, house number, apartment number, city, postal code, country);
e) delivery address (if different from residence/business address);
f) optional - company and TIN (if the Buyer is an Entrepreneur or Entrepreneur on the rights of a Consumer);
g) method of payment;
h) method of delivery;
5) obligatorily check the checkbox next to the statement that you have read the Regulations and Privacy Policy and accept their provisions;
6) click the "I buy and pay" button, and then make payment for the Goods according to the selected payment method.
2. Buyer may choose one of the following methods of delivery of the Goods:
1) courier delivery;
2) personal collection at one of the Seller's stationary points;
3) delivery to an InPost parcel machine of your choice;
3. Notwithstanding paragraph 2 above, the Buyer may choose to store the purchased Goods in the Seller's warehouse free of charge and have them shipped via the Account on a date of his choice.
4. Payment of the price for the Goods may be made by the Buyer:
1) by bank transfer to the Seller's bank account;
2) by BLIK code;
3) by bank transfer using the Przelewy24 system;
4) using PayPo or Twisto deferred payment system;
5) by payment card. (The online payment service provider for card payments is Autopay S.A. Payment methods available: Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro).
5. When the Buyer clicks the "I buy and pay" button, it is equivalent to making an offer to purchase the selected Goods (hereinafter: "Order").
6. After placing an Order, the Buyer receives a confirmation of its placement at the e-mail address provided by the Buyer. Order processing time is calculated from the time of positive payment authorisation.
7. If the Order cannot be completed, the Seller shall notify the Buyer by means of a message sent to the e-mail address provided by the Buyer. In the case referred to in the preceding sentence, no Contract of Sale is concluded between the Seller and the Buyer. If the Order referred to in this paragraph 7 has been prepaid by the Buyer, the Seller shall immediately refund all payments made by the Buyer.
8. If the Order is forwarded for execution, the Seller shall notify the Buyer by means of a message sent to the e-mail address provided by the Buyer. At the moment the Buyer receives the message referred to in the preceding sentence, a Contract of Sale is concluded between the Seller and the Buyer.
9. If a submitted Order, in relation to which the Buyer has chosen the option to pay for the Goods before delivery, is not paid within 3 (three) Business Days from the date of its submission, the Seller shall have the right to withdraw from the Contract of Sale and cancel the Order within 7 (seven) days from the date of ineffective expiration of the deadline for payment of the Order. Withdrawal from the Contract of Sale and cancellation of the Order shall be made by the Seller sending an appropriate statement to the e-mail address provided by the Buyer.
§ 7 Delivery of Goods
1. If the Buyer has chosen the option to pick up the Goods in person, he may pick them up at a stationary point selected from among the points indicated when placing the Order within 30 (thirty) days from the date of receipt of a message from the Seller confirming the preparation of the Goods for collection.
2. If the Buyer fails to pick up the Goods within the period indicated in paragraph 1 above, the Seller shall have the right to cancel the Contract of Sale within 7 (seven) days from the date of the ineffective expiration of the period to pick up the Goods. Withdrawal from the Contract of Sale and cancellation of the Order shall be made by the Seller sending an appropriate statement to the e-mail address provided by the Buyer. If, before the Seller's cancellation of the Contract of Sale, the Buyer has made payment for the Goods, the Seller shall return all payments made by the Buyer immediately after the cancellation of the Contract of Sale.
3. The Seller realizes shipment of Goods to addresses located in the territory of the Republic of Poland, member states of the European Union and other selected countries. The list of countries to which the Seller realizes shipment of Goods is presented to the Buyer when placing the Order.
4. In case of shipment of Goods to countries not belonging to the European Union, the Buyer shall bear the costs of customs fees. Exact information on the amount of fees payable, the Buyer can find on the website of the Integrated Tariff of the European Communities (TARIC), containing the current rates of fees payable (https://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=pl&redirectionDate=20110310).
5. The shipping costs of the Goods shall be borne by the Buyer, who shall pay them simultaneously with the payment of the price for the Goods, provided that in the case referred to in § 6.3 of the Regulations, the Buyer shall pay the shipping costs of the Goods at the time of ordering their shipment.
6. Shipping of the Goods shall take place within the period indicated in the Goods card when placing the Order. The term indicated in the preceding sentence shall start from the date of crediting the payment for the Goods to the Seller's bank account.
7. The Seller is obliged to deliver the Goods to the Buyer in accordance with the Contract of Sale relating to them.
8. Goods delivered to the Buyer should be in an intact condition.
9. If the Goods are delivered by a courier, the Buyer should inspect the Goods in his presence. If the package of Goods is damaged, the Buyer should write a damage report and contact the Seller.
§ 8 Right of withdrawal from the Sales Contract
1. The provisions of this § 8 apply only to a Buyer who is a Consumer or an Entrepreneur on the rights of a Consumer.
2. Buyer has the right to withdraw from the Sales Agreement without giving any reason within 14 (fourteen) days from the date of taking possession of the Goods by him or a third party indicated by the Buyer who is not a carrier.
3. Buyer's right to withdraw from the Contract of Sale is exercised by submitting to the Seller a statement of withdrawal from the Contract of Sale (hereinafter: "Statement"). To meet the deadline for withdrawal from the Sales Agreement, it is sufficient to send the Statement before the expiration of the deadline referred to in paragraph 2 above.
4. The Statement may be submitted by the Buyer in any form, in particular on the form attached as Appendix No. 2 to the Consumer Rights Act. However, in order to facilitate the exercise of the right of withdrawal from the Sales Agreement, the Seller recommends that the Declaration be submitted in the manner indicated in paragraphs 5-8 below.
5. Buyer may submit the Declaration in the form:
1) electronic;
2) paper.
6. If the Buyer chooses to make a Statement in electronic form, the Buyer should send by e-mail to the address indicated in § 1.4.1 of the Regulations a message containing the following:
1) first and last name of the Buyer;
2) e-mail address;
3) mailing address;
4) clear statement of withdrawal from the Sales Agreement;
5) indication of the Goods to which the withdrawal from the Sales Agreement applies;
6) the Order number;
7) date of the Order;
8) PKD codes of the business activity conducted by the Buyer (if the Buyer is an Entrepreneur on the rights of a Consumer).
7. If the Buyer chooses to make the Statement in paper form, the Buyer should print and fill out the form attached as Appendix 1 to the Regulations and then send it together with the Goods to the address indicated in paragraph 10 below.
8. The Seller shall send the Buyer an acknowledgement of receipt of the Statement immediately upon receipt by e-mail.
9. In case of exercising the right of withdrawal from the Sales Contract, the Buyer should send the Goods back to the Seller within 14 (fourteen) days from the date of withdrawal from the Sales Contract. To meet the deadline referred to in the preceding sentence, it is sufficient to send back the Goods before its expiration.
10. The Goods should be sent back to the address:
SGP Metal Trade Sp. z o.o.
ul. Pasteura 6a/5
31-221 Cracow
11. Buyer shall bear the direct costs of returning the Goods.
12. Refund of payments made by the Buyer shall be made upon receipt by the Seller of the returned Goods or proof of their return by the Buyer, whichever occurs first. Refund of payments shall be made using the same method of payment that was used by the Buyer in the original transaction, unless the Buyer expressly agrees otherwise. The Buyer shall not bear the cost of returning the payment made. The seller shall refund the payment using the same means of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer.
13. The Buyer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods in a manner other than necessary to ascertain the nature, characteristics and functioning of the Goods.
14. The Buyer's right of withdrawal from the Sales Agreement is not granted if the price of the Goods depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the expiry of the deadline for withdrawal from the Agreement (Article 38(1)(2) of the Act of May 30, 2014 on Consumer Rights). Thus, the Buyer's right to withdraw from the Contract of Sale is not granted in the case of purchase of precious metal products, that is, gold, silver, platinum and others, included in the Seller's offer.
§ 9 Complaints about Goods
1. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty against Buyers who are Entrepreneurs is excluded. Further provisions of this § 9 apply only to:
1) Buyer who is a Consumer or Entrepreneur on the rights of a Consumer;
2) Non-conformity of the Goods with the Contract of Sale.
2. Goods delivered to the Buyer by the Seller must comply with the Contract of Sale.
3. The Seller shall be liable for Non-Compliance existing at the time of delivery of the Goods to the Buyer and disclosed within 2 (two) years from that time, unless the Goods' shelf life is longer.
4. In case of disclosure of Non-Conformity, the Buyer shall have the rights indicated in Article 43d and n. Consumer Rights Act. The exercise of the Buyer's rights indicated in the preceding sentence shall be in accordance with the provisions of the Consumer Rights Act and the provisions of this § 9.
5. In case of disclosure of Non-Conformity, the Buyer may file a complaint containing a demand:
1) repair of the Goods or
2) replacement of the Goods.
6. Complaint is submitted by e-mail, to the address indicated in § 1.4.1 of the Regulations.
7. Complaint should include:
1) first and last name of the Buyer;
2) email address;
3) Order number;
4) the date of delivery of the Goods;
5) description of the revealed Non-Conformity;
6) request for repair or replacement of the Goods.
8. If the Seller receives a request:
1) repair of the Goods - the Seller is entitled to replace the Goods;
2) replacement of the Goods - the Seller shall be entitled to make repairs to such Goods;
- if the method chosen by the Buyer to bring the Goods into conformity with the Contract of Sale is impossible or would require the Seller to incur excessive costs.
9. If both replacement and repair of the Goods are impossible or would require the Seller to incur excessive costs, the Seller may refuse to bring the Goods into conformity with the Contract of sale.
10. After considering the complaint, the Seller shall provide the Buyer with a response to the complaint, in which:
1) acknowledges the complaint and indicates the planned date for fulfillment of the Buyer's request;
2) acknowledges the complaint and informs the Buyer that the Seller has exercised the right referred to in paragraph 8 above;
3) refuses to bring the Goods into conformity with the Sales Agreement for the reasons indicated in paragraph 9 above;
4) rejects the complaint due to its unfoundedness.
11. The Seller shall respond to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.
12. In the cases indicated in paragraph 10 items 1-2 above, the Seller shall, at its own expense, bring the Goods into conformity with the Contract of Sale within a reasonable time from receipt of the complaint and without undue inconvenience to the Buyer, taking into account the specifics of the Goods and the purpose for which the Buyer purchased them. The planned date for bringing the Goods into conformity with the Contract of Sale shall be indicated by the Seller in its response to the complaint.
13. The Buyer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Buyer at his own expense.
14. The Buyer shall not be obliged to pay for the ordinary use of the Goods, which are subsequently replaced.
15. In case of disclosure of Non-Conformity, the Buyer may submit to the Seller a statement of price reduction or withdrawal from the Contract, when:
1) the Seller refused to bring the Goods into conformity with the Contract of Sale for the reasons indicated in paragraph 9 above;
2) the Seller has failed to bring the Goods into conformity with the Contract of Sale in accordance with paragraphs 12-13 above;
3) Non-compliance continues even though the Seller has attempted to bring the Goods into conformity with the Contract of Sale;
4) The Non-Conformity is so significant that it justifies withdrawal from the Contract of Sale without first requiring the Seller to bring the Goods into conformity with the Contract of Sale;
5) it is clear from the Seller's statement or circumstances that the Seller will not bring the Goods into conformity with the Contract of Sale within a reasonable time or without undue inconvenience to the Buyer.
16. A statement of price reduction or withdrawal from the Contract of Sale may be submitted by e-mail to the address specified in § 1.4.1 of the Terms and Conditions.
17. The statement of price reduction or withdrawal from the Sales Agreement should include:
1) first and last name of the Buyer;
2) e-mail address;
3) Order number;
4) the date of delivery of the Goods;
5) description of the revealed Non-Conformity;
6) indication of the reason for the statement, selected from the reasons indicated in paragraph 15 above;
7) statement on reduction of the price of the Goods, together with indication of the reduced price of the Goods, or statement on withdrawal from the Sales Agreement.
18. The reduced price must remain in such proportion to the price under the Contract of Sale as the value of the Goods not conforming to the Contract of Sale remains to the value of the Goods conforming to the Contract of Sale. The Seller shall return to the Buyer the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 (fourteen) days from the date of receipt of the statement on price reduction.
19. The Buyer may not withdraw from the Contract of Sale if the Non-Compliance is immaterial.
20. In the event of withdrawal from the Contract of Sale, the Buyer shall immediately return the Goods to the Seller at the Seller's expense. The Goods should be sent back to the following address:
SGP Metal Trade Sp. z o.o.
Pasteura 6a/5 Street
31-221 Cracow
21. The Seller shall return the price of the Goods to the Buyer immediately, but no later than within 14 (fourteen) days from the date of receipt of the Goods or proof of their return, whichever occurs first. The price shall be refunded using the same method of payment that was used by the Buyer in the original transaction, unless the Buyer expressly agrees to a different method of refund that does not incur any costs for him.
§ 10 Complaints regarding the Account Service
1. The provisions of this § 10 apply only to Users who are Consumers or Entrepreneurs on the rights of Consumers.
2. The Account Service provided to the User by the Seller must comply with the Agreement for the provision of the Account Service for the entire period of provision of the respective Account Service.
3. Seller shall be liable for Non-Compliance disclosed during the period of provision of the Account Service.
4. In case of disclosure of Non-Compliance, the User may file a complaint including a demand to bring the Account Service into compliance with the Agreement for provision of the Account Service.
5. The complaint shall be submitted by e-mail to the address indicated in § 1.4.1 of the Terms and Conditions.
6. Complaint should include:
1) first and last name of the User;
2) email address;
3) description of the disclosed Non-Compliance;
4) request to bring the Account Service into compliance with the Agreement for provision of the Account Service.
7. The Seller may refuse to bring the Account Service into compliance with the Agreement for the provision of the Account Service if it is impossible or would require the Seller to incur excessive costs.
8. After reviewing the complaint, the Seller shall provide the Customer with a response to the complaint, in which:
1) acknowledges the complaint and indicates the planned date for bringing the Account Service into compliance with the Agreement for the provision of the Account Service;
2) refuses to bring the Account Service into compliance with the Agreement for the provision of the Account Service for the reasons indicated in paragraph 7 above;
3) rejects the complaint due to its unfoundedness.
9. The Seller shall respond to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.
10. If the complaint is accepted, the Seller shall, at its own expense, bring the Account Service into compliance with the Agreement for the provision of the Account Service within a reasonable time from the receipt of the complaint and without undue inconvenience to the User, taking into account the nature of the Account Service and the purpose for which it is used. The scheduled date for bringing the Account Service into compliance with the Agreement for the provision of the Account Service shall be indicated by the Seller in its response to the complaint.
11. In case of disclosure of Non-Compliance, the Customer may submit to the Seller a statement of withdrawal from the Agreement for provision of the Account Service when:
1) bringing the Account Service into conformity with the Agreement for provision of the Account Service is impossible or requires excessive costs;
2) the Seller has failed to bring the Account Service into conformity with the Agreement for provision of the Account Service in accordance with paragraph 10 above;
3) Non-Compliance continues even though the Seller has attempted to bring the Account Service into compliance with the Agreement for the provision of the Account Service;
4) The Non-Compliance is so material as to justify cancellation of the Agreement for the provision of Account Services without first requiring the Seller to bring the Account Service into compliance with the Agreement for the provision of Account Services;
5) it is clear from the Seller's statement or circumstances that the Seller will not bring the Account Service into conformity with the Agreement for the provision of the Account Service within a reasonable time or without undue inconvenience to you.
12. The statement of withdrawal from the Agreement for the provision of the Account Service may be submitted by e-mail to the address indicated in § 1.4.1 of the Terms and Conditions.
13. Statement of withdrawal from the Agreement on provision of the Account Service should include:
1) first and last name of the Customer;
2) email address;
3) the date of delivery of the Account Service;
4) description of the disclosed Non-Compliance;
5) indication of the reason for the statement, selected from the reasons indicated in paragraph 11 above;
6) statement of withdrawal from the Agreement for provision of Account Services.
14. If the User withdraws from the Agreement for the provision of Account Services, the Seller shall delete the Account immediately upon receipt of the statement of withdrawal from the Agreement for the provision of Account Services.
§ 11 Opinions.
1. Buyer, who has made a purchase in the Store, has the opportunity to voluntarily and free of charge issue an Opinion concerning these purchases. The subject of the Opinion may also be the evaluation of the purchased Goods, which the Buyer has used personally.
2. Following a purchase made by a Buyer in the Shop, the Seller shall transmit the data necessary to create an invitation to add an Opinion to the entrepreneur handling the process of obtaining Opinions. The dispatch of surveys for the addition of Opinions and the process of collecting Opinions shall be handled in full by Ringier Axel Springer Polska spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw (KRS: 0000420780) (hereinafter: "Operator").
3. The Operator sends an email to the Buyer requesting the submission of an Opinion and a link to an online form for submitting an Opinion. The online form makes it possible to answer the Seller's questions about the purchase, evaluate it and add a self-description.
4. Opinions issued by the Buyer are published by the Seller in the Store and the business card on the Operator's website, located at: https://www.opineo.pl/opinie/srebrnamennica-pl.
5. Opinions may concern only Goods actually purchased by the Store. It is forbidden to conclude fictitious (sham) Sales Agreements in order to issue an Opinion. The author of the Opinion may not be the Seller himself or her/his employees, regardless of the basis of employment.
6. Opinion may be removed by the Buyer at any time.
7. It is prohibited to include in Opinions:
1) data that is false, contrary to the law, the Regulations or good morals;
2) content intended to carry out activities prohibited by law, inciting violence, hatred or insulting any group of people or person;
3) content that may violate personal rights, copyright, right of publicity or other rights of third parties;
4) advertising, promotional, political, religious or discriminatory content;
5) content that promotes activities that compete with the Seller.
8. Any person using the Store's website (hereinafter: "Submitter") is entitled to report an Opinion that may violate the Terms and Conditions (hereinafter: "Submission").
9. Notification may be made by e-mail, at the address indicated in § 1.6 of the Regulations.
10. Submission of an Opinion should contain the following information:
1) a sufficiently justified explanation of the reasons why the Opinion constitutes illegal content,
2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and (if applicable) additional information to identify the Opinion, as appropriate to the type of Opinion and the functionality of the Store,
3) the name and surname or name and e-mail address of the Submitter, except for a submission relating to information deemed to be related to one of the offenses referred to in Articles 3-7 of Directive 2011/93/EU,
4) statement confirming the Declarant's good faith belief that the information and allegations contained therein are correct and complete.
11. Upon receipt of the notification, the Seller shall send the Notifier an acknowledgement of its receipt to the email address indicated by the Notifier;
12. If the submission does not contain the elements indicated in paragraph 8 above or contains errors, the Seller may request the Submitter to supplement or correct the submission within 14 (fourteen) days from the date of receipt of the aforementioned request. If the Submitter fails to supplement or correct the submission within the period indicated in the preceding sentence, the Seller may leave the submission unrecognized.
13. The Seller shall verify the submitted Opinion within 14 (fourteen) days from the date of receipt of a complete and correct application. As part of the verification activities, if necessary, the Seller may ask the Submitter to send the necessary additional information or documents. Pending review of the submission, the Seller may block the visibility of the Opinion.
14. After verification of the Submission, the Seller:
1) removes the Opinion that violates the Terms and Conditions;
2) restores the non-infringing Opinion (if its visibility was blocked at the stage of verifying the Submission),
- giving reasons for its decision.
15. In case of deletion of an Opinion, the Seller shall immediately notify both the Submitter and the Buyer who published the deleted Opinion, providing the reason for its decision.
16. Justification of the Seller's decision includes:
1) indication whether the decision includes removal of the Opinion, blocking its visibility, deposition, or imposes other measures referred to in the Regulations with respect to that Opinion, and (if applicable) the territorial scope of the decision and its duration;
2) the facts and circumstances on the basis of which the decision was made, including, where applicable, information on whether the decision was made on the basis of a notification made by the Submitter or on the basis of voluntary verification activities conducted on the initiative of the Seller, and (when absolutely necessary) the identity of the Submitter;
3) where applicable, information on the use of automated means in making the decision, including information on whether the decision was made with respect to Opinions detected or identified using automated tools;
4) if the decision relates to a potentially unauthorized Opinion, an indication of the legal or contractual basis on which the decision is based, and an explanation of why the Opinion is considered unauthorized content on that basis;
5) clear and friendly information for the Buyer and the Submitter on their options to appeal the decision.
17. A Buyer whose Opinion has been removed or a Submitter whose submitted Opinion is denied removal by the Seller may appeal the Seller's decision.
18. The appeal may be submitted by e-mail, at the address indicated in § 1.6 of the Terms and Conditions.
19. The appeal should include:
1) name or surname of the appellant,
2) contact information (e-mail address, mailing address),
3) detailed reasons why, in the appellant's opinion, the Vendor's decision is wrong and should be changed.
20. The Vendor shall immediately confirm receipt of the appeal by sending a notification to the e-mail address indicated by the appellant.
21. Appeals shall be processed within 14 (fourteen) days from the date of receipt, by an authorized team of the Seller (these actions will not be carried out in an automated, non-human manner).
22. By submitting an Opinion, the Buyer declares that he is the sole author of the Opinion. The Buyer is responsible for the content of the Opinion and the consequences of its publication (including infringement of personal rights and intellectual property rights of third parties).
23. By submitting an Opinion, the Buyer grants the Seller a non-exclusive, royalty-free license to use the same (hereinafter: "Buyer's License").
24. The Buyer's License is granted for an indefinite period of time (terminable two years in advance, effective at the end of the calendar year) and without territorial restrictions, and includes the use of the Opinion in the following fields of exploitation:
1) fixation and reproduction in any quantity, by any technique and in any format;
2) dissemination by any means, by any media, in particular through publication in the Store and in the Seller's social media.
25. The Buyer's License authorizes the Seller to grant to any selected third parties further licenses to use the Opinions. The further license referred to in the preceding sentence may be granted by the Seller for a fee or free of charge.
26. The Buyer undertakes not to exercise the author's moral rights vested in the Opinion (including the right to mark the authorship of the Opinion and the right to supervise the use of the Opinion) and authorizes the Seller to exercise such rights on behalf of the Buyer.
§ 12 Seller's intellectual property
1. All components of the Store, in particular:
1) name of the Store;
2) logo of the Store;
3) photos and descriptions of the Goods;
4) rules of operation of the Store's website, all its graphic elements, interface, software, source code and databases
- are subject to legal protection under the provisions of the Act of February 4, 1994 on Copyright and Related Rights, the Act of June 30, 2000. - Industrial Property Law, the Act of April 16, 1993 on Combating Unfair Competition and other generally applicable laws, including European Union laws.
2. Any use of the Seller's intellectual property without its prior express permission is prohibited.
§ 13 Processing of personal data
For information about the Seller's processing of personal data, please refer to the Privacy Policy available at: www.srebrnamennica.pl/polityka-prywatnosci/.
§ 14. out-of-court dispute resolution
1. The provisions of this § 14 apply only to Customers who are Consumers.
2. The Customer has the possibility to use out-of-court ways of dealing with complaints and claims.
3. Detailed information on the possibility for the Customer to use out-of-court ways of handling complaints and pursuing claims, as well as rules of access to these procedures are available at the offices and on the websites:
1) district (city) consumer ombudsmen and social organizations whose statutory tasks include consumer protection;
2) of Provincial Inspectorates of Commercial Inspection;
3) of the Office of Competition and Consumer Protection.
4. Customer may also use the online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.
5. The Seller informs that, unless such an obligation arises from mandatory provisions of law, the Seller does not use out-of-court means of handling complaints and pursuing claims. In addition, the Seller does not undertake to use the ODR platform referred to in paragraph 4 above.
§ 15 Change of the Account Service
1. Seller may change the Account Service in the event of:
1) the need to adapt the Account Service to newly developed devices or software used by Users to use the Account Service;
2) the Seller's decision to improve the Account Service by adding new functionality to it or modifying existing functionality;
3) legal obligation to make changes, including the obligation to adapt the Account Service to the current legal status.
2. Modification of the Account Service may not involve any costs on the part of the User.
3. The Seller shall inform the Users about the made change of the Account Service by posting a message on the Account informing about the changes. Independently, the information about the made change may be sent to Users by e-mail.
4. If the change of the Account Service will materially and adversely affect the User's access to the Account Service, the Seller shall inform the User about:
1) properties and the date of the change, and
2) the User's right to terminate the Agreement for provision of the Account Service with immediate effect within 30 (thirty) days of the change.
5. The information referred to in paragraph 4 above shall be sent by the Seller to the Users by e-mail, no later than 7 (seven) days before the change is made.
6. Termination of the Agreement for the provision of Account Services by the User pursuant to paragraph 4(2) above shall be effected by submitting to the Seller a statement of termination of the Agreement for the provision of Account Services. The statement referred to in the preceding sentence may be sent by e-mail to the address specified in § 1.4.1 of the Regulations. The Seller shall delete the Account immediately upon receipt of the statement referred to in the preceding sentence.
§ 16 Amendment of the Regulations
1. The Seller may amend the Terms and Conditions in the case of:
1) change of data of the Seller;
2) change in the object of the Seller's business;
3) commencement of Seller's provision of new services, modification of services previously provided or discontinuation of their provision;
4) making technical modifications to the Store requiring adjustment of the provisions of the Terms and Conditions to them;
5) legal obligation to make changes, including the obligation to adapt the Terms and Conditions to the current state of the law.
2. Customers will be informed of changes to the Terms and Conditions by publishing the amended version on the Store's website. At the same time, the amended version of the Terms and Conditions will be sent to Users by e-mail.
3. To Contracts of sale concluded before the date of publication of the new Regulations on the Store's website, the provisions of the then effective Regulations shall apply.
4. A User who does not agree to the amended Regulations may terminate the Agreement for the provision of Account Services with immediate effect within 7 (seven) days from the date of receipt of the amended version of the Regulations by e-mail. Failure to give notice of termination shall be deemed acceptance of the amended Terms and Conditions.
5. Termination of the Agreement for the provision of the Account Service shall be effected by submitting to the Seller by the User a statement of termination of this Agreement. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1.4.1 of the Terms and Conditions.
6. Immediately upon receipt of the statement referred to in paragraph 5 above, the Seller shall delete the Account.
§ 17 Final Provisions
1. The law applicable to the Terms and Conditions and the Contracts indicated therein is Polish law. However, the choice of Polish law made in the preceding sentence does not deprive the Consumer of the protection provided by the provisions of foreign law, which cannot be excluded by contract and which would be applicable in the absence of the choice of Polish law made in the preceding sentence.
2. Part of the Terms and Conditions is Appendix No. 1 - Statement of withdrawal from the Sales Agreement.
3. The current version of the Regulations is effective as of 09.11.2023.