TERMS OF PURCHASE

1. The Terms and Conditions specify the principles for using the online store lamarqueuse.pl at the online address www.lamarqueuse.pl (the “Service"), and in that the rules of entering into a Sales Contract via the Service. The Terms and Conditions apply solely to the Goods purchased via the Service, they do not apply to the goods purchased in the brick and mortar store La Marqueuse Sp. z o.o.  – the Seller.

2. The Service is operated by:
La Marqueuse Sp. z o.o. with headquarters in Warsaw, entered into the Register of Entrepreneurs kept by the District Court Warsaw under the number KRS 0000270478
Address: ul.Okopowa 58/72
NIP 525-23-82-848, Regon 140804626
Contact telephone 48 22 531 45 65
salon@lamarqueuse.pl

3. The prerequisite for using the Service is the prior acceptance of the Terms and Conditions, as well as the commitment to abide by the rules contained therein. It is required to acquaint yourself with the conditions specified in these Terms and Conditions before placing an order. Placing an order is regarded as the acceptance of all presented conditions.

4. All complaints related to the provision of services, resulting from the ignorance or violation of these Terms and Conditions will not be considered.

1. The online store accepts orders via the Service www.lamarqueuse.pl. The content provided on the Service does not constitute an offer in the understanding of Civil Code, but merely an invitation for negotiation.

2. La Marqueuse reserves the right to alter the goods and the prices of the goods offered on the Service as well as any types of promotional and sales offers. The price for every single good shall be binding upon the date of accepting an order by La Marqueuse.

3. The Customer is obliged to fill in the form necessary to place an order successfully, i.e. to complete all the necessary fields and to provide data in accordance with the actual state, otherwise La Marqueuse reserves the right to refuse to complete an order.

4. The Customer is bound by the offer included in the order for the period of 7 days. If no payment is made within the above mentioned time frames, the order shall be deemed cancelled.

5. La Marqueuse will inform the Customer via e-mail to the address provided by the Customer, that the order has been placed in the store (order confirmation). The order confirmation does not constitute the order acceptance.
a) if the Customer receives an order confirmation on the working day between 8.00 and 15.30, the Customer’s offer is deemed placed on the same day,
b) if the Customer receives an order confirmation at a different time as reported in point a) above, the Customer’s offer is deemed placed on the first working day (i.e. from Monday to Friday, except statutory holidays) after the order confirmation.

6. The Seller may refuse to complete an order on the ground of the goods unavailability, due to their parallel sale in the brick and mortar store, or due to other important reasons beyond the Seller’s control.

1. The price of goods is quoted in Polish zloty (PLN) and includes VAT. Prices quoted exclude delivery costs.

2. The Customer selects one of the means of payment for the goods ordered when placing the order - by using the form of payment indicated on the Service. The Customer makes a payment by choosing one of the four options:
a. paying a fee to the courier
The store accepts this form of payment for orders, which total value does not exceed 15000 PLN.
b. paying by card – an order is being processed upon the transaction has been authorized. The Service, via PayU system, supports Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro card.
c. paying through e-transfer – an order is being processed upon having received the positive information about completing the transaction.
d. paying through a bank transfer on the Santander Bank Polska S.A bank account number 17109018700000000117471949
In the title of the transfer please give the number of the order and the symbol of a product – the order is completed promptly after the payment on the account is recorded.

3. In case of inability to identify the payment unambiguously for reasons beyond the Seller’s control (in particular when the Buyer uses an incorrect order number or product symbol), the Seller is obliged to inform the Buyer about these reasons, whilst calling for putting forward proper explanation. If the explanation does not allow to identify the payment unambiguously, the Buyer is obliged not to pursue any claims against the Seller, which result from non-fulfillment of an order.

1. La Marqueuse carries out the order within the time specified for the certain product on the Service, counted in working days. This time, which shall be extended by the delivery time, stands for making jewellery and preparing it for dispatching. If the Customer places several orders at the same time with different completion dates and which are to be sent together, the order is sent when it is completed in its entirety, i.e. once the item with the longest lead time is ready. La Marqueuse dispatches the orders:
- after the payment to the bank account has been recorded, if the means of payment is bank transfer,
- if the package is paid by cash to the courier,
- after the payment through PayU system has been authorized.

2. Every order has attached a document confirming the transaction and in that a VAT invoice or a fiscal receipt.

3. The orders are processed in the order of their placing.

4. The delivery of orders is limited to the territory of the Polish Republic. All delivery costs given on the Service regard deliveries to Poland. The costs and possibility to deliver goods to any different countries are negotiated individually depending on the country of destination. The Seller may not be able to process an order to a given country.

5. Delivery of the ordered goods is fulfilled by the courier company selected by La Marqueuse - UPS package delivery company.

6. The courier delivers the package between 10 and 18. In order to check the status of your shipment use tracking shipment information available on the www.ups.com site by entering tracking numbers given in the shipping confirmation email.

7. At the time of taking the package, the Customer is obliged, in the presence of the courier, to:
a. verify the general condition of the package and check if the packaging is not violated,
b. if the package is violated, the Customer is entitled to check whether its content is consistent with the order and if the goods are not damaged. If the goods are damaged the Customer shall prepare a protocol and immediately contact the Seller. The protocol constitutes the basis for the complaint about non-compliance with the Contract.

1. The Customer should bear in mind that presented photos, other forms of visualization and presenting goods, do not reflect their actual size - they are purely informative. In case of jewellery items, a great deal of models are handmade and therefore every item is marginally different.

2. It should be remembered that the size and settings of the Customer’s monitor can affect the appearance of the goods (e.g. their colour, proportions of the goods, etc.) and they do not constitute the basis for a complaint.

1. The Customer may cancel the order via e-mail by filling in a form in the “Returns” section or by sending a written declaration of cancellation to the postal address. The Seller will confirm the Customer that they have received the declaration of cancellation. The order which has been dispatched to the Customer cannot be cancelled.

2. The Customer who enters into a Sales Contract may, within 30 days of entering the goods into his/her possession, cancel the agreement without giving a reason, by making a suitable statement in writing, by sending an e-mail or by filling in a declaration of cancellation in the “Returns” section. The form is available in the link formularz zwrotu. The Seller will confirm the Customer that they have received the declaration of cancellation. This provision shall not apply to the goods purchased in the brick and mortar store La Marqueuse. In case of collecting goods in brick and mortar store, the Sales Contract is recognized as concluded at the moment of collecting it by the Customer. Before that, the Customer may cancel the order without any negative consequences.

3. In case of jewellery with precious stones, the acceptance of the returned goods must be preceded by an analysis carried out by a jewellery expert and his favorable opinion.

4. The Customer is obliged to return goods immediately, within seven (7) calendar days from the date of sending the statement, in an unaltered state, that is:
a. Returned goods should not bear traces of use by the Customer, they should be packed in a safe manner in the original box, marked with a Company’s tag and with certificates. The document confirming the purchase of the goods should be attached (a fiscal receipt, VAT invoice, warranty card documenting a purchase or others).
b. The cost of the purchased goods increased by delivery costs (in case of paid delivery), will be transferred to the account or card given by the Customer, after receiving the required elements of the package, within fourteen (14) calendar days form the date of receiving the statement. The Seller will refrain from transferring the reimbursement until the goods have been received from the Customer.
c. For the Customer’s sole convenience, as well as for the safety of the goods being shipped,La Marqueuse covers the costs of return shipping in Poland. Before the package is dispatched, the Customer shall contact the Seller via e-mail on the email address salon@lamarqueuse.pl to determine the details of shipment. We do not accept any deliveries sent back and paid on delivery.
d. The Sales Contract is considered unconcluded, and the Customer shall be liable for a reduction in the value of the goods, which results from the usage beyond the necessary to establish the nature, characteristics and functioning of the goods.

5. La Marqueuse shall not be liable for any delays with executing a payment order arousing after providing the bank with the transfer order, as well as for any delays resulting from incorrect or incomplete data given by the Customer, thereby not allowing to make a bank transfer. La Marqueuse shall be obliged to inform the Customer about incomplete data to make a transfer, and shall call the Customer to provide explanations in that respect. In case of explanations, which still do not allow to make a bank transfer, the Customer waives the right to pursue any claims against the Seller due to non-execution of the transfer. La Marqueuse shall not be liable for any delays in the performance for the Customer, which were caused by reasons beyond the control of La Marqueuse.

6. The 30 days deadline for withdrawal from a contract is counted from the date the Customer has received the package.

7. The Customer shall not be entitled to terminate the contract for the supply of goods that are made to the Customer’s specifications, or are clearly personalized (e.g. engraved or stock on demand).

8. La Marqueuse is not responsible for any damage incurred during shipment, which was carried out by the order of the Customer.

9. If the Customer returns goods without following the provisions of the valid contract withdrawal, La Marqueuse reserves the right to reject the returned goods and refuse to reimburse or to charge the user with justified costs to the extent permitted by applicable law.

1. If there are defects in the goods within 24 months from the date of purchase, in order to file a complaint, please send it to the company at the address:
La Marqueuse
Ul. Okopowa 58/72 lok. 0,58
01-042 Warszawa
marked „Complaint”
The warranty shall not exclude, limit or suspend the Customer’s rights under statutory warranty for defects of the goods sold.

2. Shipment costs, on the territory of Poland, are fully covered by La Marqueuse as long as the Customer uses the transport service offered by the Seller and contacts the Seller via e-mail at the address salon@lamarqueuse.pl, in order to determine the details of collecting the package. All complaints should be accompanied by a fully filled out complaint form, available on the Service site in the “Complaint” section or in the link formularz reklamacji, as well as proof of purchasing the item, e.g. a VAT invoice, fiscal receipt or other legally acceptable proof of purchase (e.g. a copy of bank statement, a copy of a card statement).

3. The Seller will examine the complaint forthwith, not later than within 14 days from the goods receipt.

4. In case of defects arising from the fault of the manufacturer, the goods will be repaired and returned to the Customer at the expense of La Marqueusee or replaced for a new one, free of any defects and dispatched to the Customer at the expense of La Marqueuse, or its price will be returned or reduced.

5. If there is damage for which the Seller is not responsible (damage resulting from the Customer's fault or due to random events during the operation, in particular, mechanical damage, cracking and all others detailed in the warranty attached to the purchased goods), La Marqueuse will contact the Customer to inform them of any repair costs.

6. The implementation of the right to exchange goods, takes place after prior acceptance of the e-mail request by La Marqueuse. The replacement for a different size will be possible only if the given goods is available and when the exchanged goods has no traces of use. La Marqueuse does not accept any deliveries sent back at their cost without prior written consent.

1. By placing an order the Customer agrees to gather their personal data by La Marqueuse Sp. z o.o., for purposes related to the conclusion and performance of the Sales Contract and if the Customer gives their consent through the form, also for marketing and promotional purposes, according to the Personal Data Protection Act of August 29th 1997 (Journal of Laws No. 133, pos. 883). In order to execute a payment or to deliver the purchased goods, the personal data may be disclosed to PayU S.A system and to UPS courier company. These data are not processed or used for any other purpose. La Marqueuse is the controller of personal data of Users.

2. The Customer has the right to access the contents of their data and to amend or update it.

1. In accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons in regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as "GDPR", we inform that: "LA MARQUEUSE" Sp. z o.o. Okopowa 58/72, 01-042 Warsaw is the administrator of your personal data.

 

2. The administrator declares that the Inspector of Data Protection has not been appointed. Should you have any questions, please contact Urszula Dmowska-Gęsiorek, acting as the Administrator’s representative, via email: salon@lamarqueuse.pl

3. Your personal data will be processed for the following purposes:
- based on your voluntary consent (Article 6 section 1 point a) GDPR) or
- their processing is necessary for taking steps at your request prior to entering into a contract or for the performance of a contract (Article 6 section 1 point b) GDPR) or
- their processing is necessary for the purposes of the legitimate interests pursued by the administrator, i.e. for the marketing purposes, so that the administrator could comply with the obligations imposed by the provisions of law (Article 6 section 1 point f) GDPR).

3. Your personal data will be processed as appropriate:
- until the consent is withdrawn or
- until the end of the sales process, and then until the end of the limitation period for claims related to the contract concluded with the client as well as archiving and tax purposes for the duration of the service contract, unless their processing will be necessary later e.g. for the purpose of pursuing claims or
- until the legitimate interests pursued by the administrator cease.

4. Personal data will be transferred to the following categories of recipients: - providers of social media services, including Google LLC, Facebook Inc., Facebook Ireland Limited, Pinterest Europe Ltd., to the extent necessary to conduct marketing activities and profiling actions, i.e. using cookies, analyzing user behavior on the Website, targeting personalized advertisement,
- IT service providers, including IT systems providers, including newsletter handling system, to the extent necessary to ensure continuity of IT systems operation,
- electronic payment service providers, to the extent necessary to handle electronic payments,
- transport service providers, to the extent necessary to handle the shipment process, providers of PR services to the extent necessary to conduct marketing activities and profiling actions,
- providers of accounting, HR and legal services, to the extent necessary to perform the obligations imposed by the provisions of law,
- subcontractors to the extent necessary to perform the services outsourced to them.

5. Personal data is processed based on profiling in order to display advertising materials that suit your preferences. Nonetheless, we do not use these mechanisms for the automatic decision-making, i.e. for the actions that would affect the availability of our services and the ability to use them.

6. Personal data may be made available to the third countries outside the European Union, to Google LLC based in the United States of America or to Facebook Inc. based in the United States of America. In this case, such personal data is protected as specified in the Article 46 section 3 point a of the GDPR. The data administrator has introduced appropriate and adequate security measures so that the transfer of data could be carried out in accordance with applicable provisions on the protection of personal data. You can receive a copy of the data or information about the location to which the data was transferred.

7. You have the right to request the Administrator to provide access to your personal data, to request their correction, deletion or to request a restriction of their processing, as well as the right to transfer personal data, to object to their processing and the right to withdraw consent at any time without affecting the lawfulness of the processing of data which was made on the basis of consent before its withdrawal.

8. Providing personal data for the purposes of the contract is voluntary, but necessary for the contract to be concluded and performed by the Administrator. Providing personal data in connection with other objectives is voluntary and not necessary for the contract to be concluded and performed by the Administrator.

9. You are entitled to file a complaint with the supervisory authority – President of the Office for the Protection of Personal Data.