Terms and Conditions - Fadaria Online Store

1. These Terms

1.1 What these terms cover

These are the terms and conditions on which we supply products to you when you use the online store fadaria.com.

1.2 Why you should read them

Please read these terms carefully before you submit your order to us, or before you register your Customer Account with us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Changes to these terms

We may change these terms. Any such changes will be made visible in a clear manner on our website at least 14 days before they come into force. If you have already registered a Customer Account with us, you will also receive notification by email. However, any amendments do not affect any orders or payments made by you before the date the changes come into force.

3. Information about us and how to contact us

3.1 Who we are

We are {{ COMPANY.legalName }}, a sole proprietor (indywidualna działalność gospodarcza) registered in Poland with NIP {{ COMPANY.nip }} and REGON {{ COMPANY.regon }}. Our registered business address is at {{ COMPANY.street }}, {{ COMPANY.postalCode }} {{ COMPANY.city }}, {{ COMPANY.country }}. Our business started on {{ COMPANY.businessStartDate }}.

3.2 How to contact us

You can contact us by:

(a) Telephone: {{ COMPANY.phoneNumber }}

(b) Email: {{ COMPANY.contactEmail }}

(c) Postal address: {{ COMPANY.legalName }}, {{ COMPANY.street }}, {{ COMPANY.postalCode }} {{ COMPANY.city }}, {{ COMPANY.country }}

3.3 How we may contact you

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

3.4 Writing includes emails

When we use the words "writing" or "written" in these terms, this includes emails.

4. Our contract with you

4.1 Customer Account

You may register and open a customer account ("Customer Account"). You will be able to view your order(s), order history, register a project and submit a complaint. Access to the Customer Account is possible after entering the received login and setting a password. We will maintain the Customer Account free of charge and for an indefinite period. You can delete your Customer Account at any time.

4.2 Your details

Use of our Customer Account requires providing necessary details. During registration, you are obliged to provide personal data we require. If you refuse to provide the necessary information, we will not be able to create your Customer Account or process your order.

4.3 Placing an order

Orders are placed by selecting the appropriate options available on our website. You can place an order through your Customer Account, or without registering, as long as you provide us with all required data to process your order. After completing the order, you will be informed about the costs of delivery.

4.4 How we will accept your order

Our acceptance of your order will take place when we send you an email to confirm it, at which point a contract will come into existence between you and us. The order will only be processed once payment has been made.

4.5 If we cannot accept your order

If we are unable to accept your order, we will inform you of this in writing or by email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. You will have 7 days to decide whether to (1) order a different product, (2) wait until we can accept the order or (3) withdraw your order. If you wish to withdraw, please contact us (see clause 3.2 for our contact details).

4.6 Your order number

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

5. Availability and Product Information

5.1 Availability

For each product, after specifying its parameters, information on availability is given, but this may change (see clause 4.5 above).

5.2 Products may vary slightly from pictures

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of colours accurately reflects the colour of the actual products. Your product may vary slightly from images shown on our website.

5.3 Product packaging may vary

The packaging of the product may vary from that shown in images on our website.

5.4 Customized products and measurements

If we are making the product to measurements or specifications you have given us, you are responsible for ensuring that these measurements and specifications are correct. You can find information and tips on our website or by contacting us.

6. Your rights to make changes

If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).

7. Our rights to make changes

7.1 Minor changes to the products

We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

7.2 More significant changes to the products

We may make more significant changes to the products as described on our website. If we do so, we will notify you and you may contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

8. Providing the products

8.1 Delivery costs

The costs of delivery will be as displayed to you on our website once you have completed the order form and are moving toward submission. We offer free delivery for orders valued at 500 PLN or 150 EUR or more. Below this amount, delivery costs are based on the courier's rates (UPS, InPost, or InPost Parcel Locker).

8.2 When we will provide the products

During the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible and within the specified timeframe indicated on our website when placing the order. If anything changes, we will contact you.

8.3 We are not responsible for delays outside our control

If our supply of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event. However, if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.

8.4 If you are not at home when the product is delivered

If no one is available at your address to take delivery and the products cannot be left in a safe place, the courier will leave you a note informing you of how to rearrange delivery or collect the products.

8.5 If you do not re-arrange delivery

If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and clause 10.2 will apply.

8.6 Your legal rights if we deliver goods late

You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods, you may treat the contract as at an end immediately if any of the following apply:

(a) we have refused to deliver the goods;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

8.7 Setting a new deadline for delivery

If you do not wish to treat the contract as at an end immediately, or do not have the right to do so under clause 8.6, you can give us a new deadline for delivery, which must be reasonable. You can treat the contract as at an end if we do not meet the new deadline.

8.8 When you become responsible for the goods

A product which is goods will be your responsibility from the time we deliver the product to the address you provided.

8.9 When you own goods

You own a product which is goods once we have received payment in full.

8.10 What will happen if you do not give required information to us

We may need certain information from you so that we can supply the products to you, for example, name, address, email address, delivery address, payment details. If so, this will have been stated in the description of the products on our website. You should provide all this information when placing an order. We can always contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8.11 Reasons we may suspend the supply of products to you

We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements;

(d) if you provide false information to us;

(e) if you owe us any monies;

(f) if you violate any of these terms;

(g) if you make any interference in the functioning of our website, for which you received no consent from us;

(h) if you have failed to receive/collect ordered products on two subsequent occasions.

8.12 We may also suspend supply if you do not pay

If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended. We can also charge you interest on your overdue payments (see clause 12.5).

9. Your rights to end the contract

9.1 You can always end your contract with us

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;

(c) If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.

9.2 Ending the contract because of something we have done or are going to do

If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 7);

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(d) you have a legal right to end the contract because of something we have done wrong.

9.3 Exercising your right to change your mind

For most products bought online, you have a legal right to change your mind within 14 days and receive a refund. Additionally, we offer a goodwill guarantee that extends this period to 120 days from the date you receive the product, with the following conditions and exceptions.

9.4 Our goodwill guarantee

We offer a goodwill 120-day return guarantee on most products, which is more generous than your legal 14-day cooling-off period. Under this guarantee:

You have 120 days from the date you receive the product to change your mind
We pay the costs of return
This applies to products that are new, unused, and in their original condition

This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 11).

9.5 When you don't have the right to change your mind

You do not have a right to change your mind in respect of:

(a) Products made to your custom specifications, including those with engraving, custom sizing, or other personalized modifications;

(b) Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

(d) Products that show signs of wear, damage, or use beyond what is necessary to determine their characteristics and functioning.

9.6 How long do I have to change my mind?

(a) You have 14 days after the day you (or someone you nominate) receive the goods to change your mind under your legal rights.

(b) Under our goodwill guarantee, you have 120 days from the date you receive the goods, unless the product falls under the exceptions listed in clause 9.5.

(c) If your goods are split into several deliveries over different days, you have 14 days from the day you receive the last delivery to change your mind. Under our goodwill guarantee, the 120-day period starts from your receipt of the last delivery.

10. Ending the contract where we are not at fault and there is no right to change your mind

Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

11. How to end the contract with us

11.1 Tell us you want to end the contract

To end the contract with us, please let us know by doing one of the following:

(a) Phone or email. Call customer services on {{ COMPANY.phoneNumber }} or email us at {{ COMPANY.contactEmail }}. Please provide your name, address, details of the order and, where available, your phone number and email address.

(b) Contact form. Complete the contact form available on our website or send us a letter to our postal address.

11.2 Returning products after ending the contract

If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please call customer services on {{ COMPANY.phoneNumber }} or email us at {{ COMPANY.contactEmail }} to arrange return. If you are exercising your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the contract.

11.3 When we will pay the costs of return

We will pay the costs of return:

(a) if the products are faulty or misdescribed;

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;

(c) if you are exercising your right to change your mind under your legal 14-day cooling-off period or under our goodwill 120-day guarantee.

In all other circumstances, you must pay the costs of return.

11.4 How we will refund you

We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

11.5 Deductions from refunds if you are exercising your right to change your mind

If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

11.6 When your refund will be made

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

12. Our rights to end the contract

12.1 We may end the contract if you break it

We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

(d) you breach any other material term of these terms.

12.2 You must compensate us if you break the contract

If we end the contract in the situations set out in clause 12.1, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

13. If there is a problem with the product

13.1 How to tell us about problems

If you have any questions or complaints about the product, please contact us. You can telephone us at {{ COMPANY.phoneNumber }} or email us at {{ COMPANY.contactEmail }} or submit a complaint through our website contact form.

13.2 Summary of your legal rights

We are under a legal duty to supply products that are in conformity with this contract. We offer a warranty on all jewelry products. The conditions of the warranty are described in the warranty document provided with your product.

If your product is defective or not as described, you are entitled to:

(a) Request a repair or replacement of the defective product;

(b) Claim a reduction in price; or

These rights are subject to certain exceptions and conditions as set out in applicable consumer protection laws.

13.3 Your obligation to return rejected products

If you wish to exercise your rights regarding defective or non-conforming products, you must return them to us or allow us to collect them from you. We will pay the costs of return. Please call us on {{ COMPANY.phoneNumber }} or email {{ COMPANY.contactEmail }} for a return label or to arrange collection.

13.4 Size exchanges and modifications

We offer the possibility of resizing purchased rings or bracelets. Size changes are subject to standard jewelry industry conditions. You are responsible for contacting us to arrange the details of the size change process. You are responsible for all costs associated with resizing.

14. Price and Payment

14.1 Where to find the price for the product

The price of the product (which includes VAT but does not include the costs of delivery) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 14.3 for what happens if we discover an error in the price of the product you order.

14.2 What happens if we got the price wrong

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

14.3 When you must pay and how you must pay

We accept payment through the following methods:

(a) PayU payment gateway

(b) Adyen payment gateway

Payment must be made before we dispatch the products to you. We will not charge your payment method until we have confirmed your order and are ready to dispatch.

14.4 Payment is considered made

Payment is considered made when the funds have been successfully processed and received by our payment processor (PayU or Adyen).

14.5 We can charge interest if you pay late

If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount. You must pay us any interest together with the overdue amount.

14.6 What to do if you think an invoice is wrong

If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.

15. Our responsibility for loss or damage suffered by you

15.1 We are responsible to you for foreseeable loss and damage caused by us

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so

This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.

15.3 We are not liable for business losses

We only supply the products for personal use. If you use the products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy, which is available on our website.

17. Other important terms

17.1 We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organization.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our goodwill guarantee to a person who has acquired the product.

17.3 Nobody else has any rights under this contract

This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 17.2 in respect of our goodwill guarantee.

17.4 If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.5 Even if we delay in enforcing this contract, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

17.6 Which laws apply to this contract

These terms and any contract between you and us will be governed by and construed in accordance with the laws of Poland. However, if you are a consumer, you will also have the benefit of any mandatory provisions of the law of your country of residence.

17.7 Which courts have jurisdiction

If you are a consumer, any legal action you may take arising from this contract will be dealt with by the courts of your country of residence. If you are not a consumer, the courts of Poland shall have exclusive jurisdiction.

18. Dispute Resolution

If you are not satisfied with how we have handled any complaint, you may seek alternative dispute resolution or contact your local consumer protection authority for assistance.

19. Effective Date

These Terms and Conditions come into effect on 01.09.2025 and apply to all customers of the Fadaria online store at fadaria.com.

For matters not covered by these Terms and Conditions, the applicable laws of Poland, including consumer protection laws, shall apply.