Terms and Conditions

§1 General Provisions

  1. This policy defines the rules for making purchases in the online platform RUPT – http://www.rupt.store operated by ARTDESK Maciej Serafinowicz (abbreviation: ARTDESK), located at Plac Solny 15, 50-062 Wrocław, Polish Tax Identification Number (NIP): 6912343371, registered in the Central Register and Information on Economic Activity (CEIDG) of the Republic of Poland kept by the Minister for Economy, email address: contact@rupt.store.
  2. The terms used in this document have the following meanings:
    • a. Customer – an individual (having full legal capacity) or legal entity who has made or intends to make a purchase in the RUPT online store. The customer can be both a consumer and a business entity.
    • b. Seller – Maciej Serafinowicz, conducting business under the name Artdesk Maciej Serafinowicz, located at Plac Solny 15, 50-062 Wrocław, Polish Tax Identification Number (NIP): 6912343371, email address: contact@rupt.store.
    • c. Store – the online store maintained by the Seller on the domain www.rupt.store.
    • d. Consumer – according to the Civil Code of April 23, 1964, a User who, as a natural person, performs a legal action not directly related to their economic or professional activity. Within the scope of this Policy, Consumers also include sole proprietors conducting business activity and entering into non-professional agreements related to the subject matter of their activities.
    • e. User Account – an account in the Store assigned to a specific Customer, containing data provided during registration.
    • f. Policy – this document with all attachments.
  3. The Store offers retail sales of jewelry made of precious metals and gemstones via the internet. These products are available through the Store in the form of finished goods.
  4. Detailed information about the products can be found on the website http://www.rupt.store, as well as provided via email to the Seller’s email address.
  5. The Customer can contact the Seller by mail at the address indicated in section 2.b, by email at customer@rupt.store, and by phone at +48 790 201 787.

§2 Terms of service

  1. To place an order through the Store, the Customer must meet the following technical requirements:
    • a. Have a computer, laptop, or other device with internet access.
    • b. Have access to email.
    • c. Use an internet browser (it is recommended to use the latest version).
    • d. Use a minimum screen resolution of 1024×768.
    • e. Enable cookie storage in the browser.
  2. The online Store provides electronic services in the form of:
    • a. User Account registration and maintenance.
    • b. Order forms.
    • c. Contact forms.
    • d. Chat.
    • e. Newsletters.
  3. The Store does not charge any fees for providing the above services.
  4. The abovementioned services are provided indefinitely. The Customer may at any time and without stating a reason terminate a specific service by sending an appropriate email message to the Seller’s email address. The Customer may also withdraw from the contract for providing any of the services within 14 days from the date of placing the order, as specified above.

§3 Conclusion of contracts

  1. A contract is entered into between the Seller and the Customer.
  2. All prices listed on the Store’s website are gross prices (including VAT) specified in Polish zlotys. Product prices do not include shipping costs.
  3. If applicable to a specific product, the Seller takes due care to ensure that product photos reflect its color, character, texture, and condition. However, due to variations in screen resolution, calibration, and brightness on the buyer’s computer display or the use of flash photography, colors in product photos may slightly differ from reality. To address any doubts, please contact the Seller in advance.
  4. Orders can be placed through the Store’s website using the Order form (without registration) or via the User Account. The Seller does not conduct telephone sales or use email for order placement.
  5. To make a purchase, the Customer selects the desired products in the Store and clicks the “Add to Cart” button.
  6. After selecting products, the Customer proceeds to “My Cart,” where a summary of the chosen products is provided. The Customer specifies the delivery location for the products and has the option to use a discount code by entering it in the “Add Discount Code” field.
  7. Next, the Customer clicks the “Go to Checkout” button, which redirects them to a page containing information about the order being placed. This information includes among other things the main features of the ordered goods and the total price including taxes and delivery charges. On this page, the Customer fills out an order form that includes the Customer’s contact details, shipping address for the ordered products, and the choice of payment method.
  8. To place an order, the Customer is required to confirm the order by clicking the “Order” button located below the order summary.
  9. By clicking the “Order” button, the Customer acknowledges placing the order, which entails the obligation to pay.
  10. The sales contract is concluded when the Customer confirms the order, i.e., by clicking the “Order” button.
  11. After the Customer places the order, the Seller sends an email with a confirmation of placing the order for processing, including details such as the main features of the ordered goods, the delivery time, the total price including taxes and delivery charges, as well as the Customer’s personal data provided in the order form.
  12. The content of the concluded contract is recorded, secured, and made accessible through:
    • a. Providing this Policy on the Store’s website.
    • b. Recording the content of the contract in the Store’s IT system.
    • c. Sending the email mentioned in section 11 above.
  13. The Seller reserves the right to refuse order fulfillment under the sales contract if the Customer’s address details are inconsistent with the truth.

§4 Payment terms and methods

  1. The website offers the following payment methods for orders:
    • a. BLIK payment (prepayment).
    • b. Credit card payment (prepayment).
    • c. Payment via an external payment provider (prepayment).
  2. The entity responsible for payment intermediation is the tool provider (depending on the client’s choice):
    • imoje – ING Bank Śląski S.A. based in Katowice.
    • PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal L-2449 Luxembourg, Trade Register Number: R.C.S. Luxembourg B 118 349).
    • Stripe (Stripe, Inc., 354 Oyster Point Blvd, South San Francisco, CA 94080).
  3. The Customer is obligated to make a payment within 7 calendar days from the date of purchase.
  4. In the event of a need for a refund for a transaction made by the Customer, the Seller will process the refund to the same payment instrument used by the Customer for the initial payment.
  5. Customer – when making a purchase – consents to receive invoice in electronic form to the e-mail address provided during order.
  6. Customer is allowed to obtain consent to receive invoice in electronic form, which is mentioned in p. 4.5 above, at any time. For this purpose Customer is obliged to send appropriate information to Seller’s e-mail address: contact@rupt.store

§5 Prices and Promotions

  1. For the purposes of this article, the below terms have the following meanings:
    • a. Price – the gross amount specified in Polish zlotys (including applicable taxes) payable to the Seller for the sale of a product.
    • b. Lowest price – the lowest Price offered within 30 days before the Price reduction or the price that applied from the start of offering the product for sale until the day of the reduction (when a product has been offered for sale for less than 30 days).
  2. The Seller reserves the right to change the Prices of products listed on the Store’s website. The prices of products in sales contracts concluded with the Customer before introducing any changes remain binding for the Customer.
  3. The lowest price is provided in every instance of informing about a Price reduction, alongside information about the reduced price, in accordance with Art. 4.2 and 4.3 of the Act of May 9, 2014, on informing about prices of goods and services (Dziennik Ustaw [Journal of Laws] of 2019, item 178).
  4. Prices on the Store’s website:
    • a. Include all applicable customs duties and taxes.
    • b. Do not include delivery costs (product delivery to the Customer), which are specified separately.
  5. The cost of delivering products is presented on the cart subpage when selecting the delivery method. It depends on the value of the ordered products, the payment method for the products, and the delivery method chosen by the Customer.

§6 Delivery methods and costs

  1. The customer bears the costs of delivering the ordered products to the destination.
  2. Products are delivered to the specified address within the European Union and selected countries outside the European Union. Delivery charges for products are provided during the order finalization stage and in the email confirming the order.
  3. The seller provides the following methods of product delivery:
    • a. Courier delivery
    • b. Delivery via one of the parcel lockers
  4. The order fulfillment time is up to 2 working days from the receipt of payment for the ordered goods in the Seller’s account. The order fulfillment time is specified in the tab for each product.

§7 Right of withdrawal from the contract

  1. The provisions contained in this paragraph grant rights exclusively to Customers who are Consumers.
  2. The Consumer has the right to withdraw from the contract concluded with the Seller within 14 days from the receipt of the shipment without stating a reason.
  3. The Customer can submit a statement of withdrawal from the contract using the withdrawal form sent to the email address: customer@rupt.store.
  4. Submitting a withdrawal from the contract without using the form does not affect the effectiveness of the withdrawal. Sending the statement before the deadline is sufficient for its effectiveness.
  5. The Seller promptly confirms the receipt of the withdrawal statement via email sent to the address provided during order placement.
  6. The consumer should return the purchased products within 14 days from the date of sending the withdrawal statement to the Seller’s address or to another address indicated by the Seller.
  7. In the case of sending a statement of withdrawal from the contract, the contract is considered not concluded.
  8. The consumer bears the direct costs of returning the purchased products.
  9. The consumer is liable for compensatory damages resulting from using the product in a manner exceeding what is necessary to determine its nature, characteristics, and functionality. Examples of such damages include cleaning costs, repair expenses, and torn labels. To assess the nature, characteristics, and functionality of the goods, the consumer should handle the goods and inspect them in the same way they could in a physical store.
  10. The Seller is obligated to promptly, no later than within 14 calendar days from the receipt of the Consumer’s statement of withdrawal from the contract, refund all payments made by the Consumer, including the delivery costs of the product (excluding additional costs resulting from a delivery method chosen by the Customer other than the cheapest standard delivery method provided by the Store). The Seller processes the refund using the same payment method used by the Consumer, unless the Consumer explicitly agrees to a different refund method.
  11. The Seller may withhold the refund of payments received from the Consumer until the Product is returned or until the Consumer provides proof of its return.
  12. The right of withdrawal from the contract does not apply to contracts:
    • a. Where the subject of the service is a sealed item that, once opened, cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.
    • b. Where the subject of the service is a non-prefabricated item produced according to the Consumer’s specifications or serving to satisfy their individual needs.
    • c. Where the subject of the service is goods that, due to their nature, become inseparably connected with other items after delivery.

§8 Responsibility for the conformity of performance under the contract – compliant procedure

  1. The Seller is obligated to provide services and goods in accordance with the contract. The Seller has a legal obligation to deliver defect-free goods.
  2. The rules regarding the Seller’s liability towards the Consumer in contracts involving the transfer of ownership of goods to the Consumer are regulated by Art. 5.a of the Act of May 30, 2014, on Consumer Rights.
  3. Regarding complaints, the Consumer can exercise rights granted to them by the provisions of the Act of May 30, 2014, on Consumer Rights, including claims related to the lack of conformity of goods with the sales contract.
  4. The Seller is responsible to the Consumer for any lack of conformity of the goods with the contract existing at the time of delivery and revealed within two years from that moment, unless the product’s usability period indicated by the Seller is longer. Before the expiration of this period, the Consumer can notify the Seller of any non-conformity by sending an appropriate message using one of the means enabling contact with the Seller, as specified in section 1.5.
  5. The Seller acknowledges the receipt of the complaint and urges the Consumer to promptly deliver the non-conforming goods to the Seller for the purpose of addressing the complaint.
  6. In case the complaint is not granted, the goods will be returned along with an opinion regarding the groundlessness of the complaint.
  7. If the Seller does not respond to the Consumer’s complaint within 14 calendar days from the date of receiving the complaint, it is assumed that the Seller grants the Consumer’s complaint and their request.
  8. A Customer who is not a Consumer may exercise the rights granted to them by the Seller under the statutory warranty for defects, in accordance with the provisions specified in Art. 556 et seq. of the Civil Code. The Seller is liable to the Customer who is not a Consumer if the product sold has a physical or legal defect (statutory warranty).
  9. The Seller is liable under the implied warranty if a physical defect is discovered before two years have passed from the date of delivering the goods to the Customer who is not a Consumer.
  10. A Customer who is not a Consumer loses their rights under the implied warranty if they fail to inspect the item in a manner commonly accepted for items of this kind and do not promptly notify the Seller of any defects. In cases where the defect becomes apparent later, the Customer must notify the Seller immediately upon discovery.
  11. Goods are not covered by a warranty.

§9 Contracts entered into with business customers placing order fo professional purposes

  1. The provisions of this paragraph apply exclusively to contracts concluded with the Customers who are entrepreneurs placing orders for professional purposes.
  2. Placing an order on behalf of a legal person or a legal entity with limited legal capacity is equivalent to declaring that the person placing the order is authorized to represent the entity on whose behalf the order is placed. Placing an order without proper authorization will result in the person placing the order being liable for any damages arising from this fact.
  3. The entrepreneur is obliged to inspect the shipment delivered to them by the carrier in the customary manner. In case of any loss of or damage to the product, the entrepreneur is required to take all necessary actions to determine the carrier’s liability.
  4. The Seller reserves the right to terminate the contract concluded with the entrepreneur within 14 days from the date of its conclusion without giving any reasons.
  5. All disputes arising from the performance of the contract concluded between the Seller and the entrepreneur will be resolved by the court competent for the Seller’s registered office.

§10 Out-of-court dispute resolution

  1. To resolve a dispute related to making a purchase in the Store, the Consumer has the option to seek assistance from the following institutions before filing a case in an ordinary court:
    • a. Permanent consumer arbitration court, as specified in the Act of December 15, 2000, on Commercial Inspection. This involves submitting an application to resolve a dispute arising from a sales contract.
    • b. Requesting mediation proceedings from the Regional Inspector of Commercial Inspection to settle the dispute amicably.
    • c. Seeking assistance from the district or municipal consumer ombudsman or a social organization dedicated to consumer rights protection.
  2. Detailed information about out-of-court dispute resolution options and procedures is available at the offices and on websites of institutions such as the Commercial Inspection, district (municipal) consumer ombudsmen, consumer rights protection organizations, and the Office of Competition and Consumer Protection.
  3. Additionally, the European Commission provides an online platform for resolving disputes between consumers and businesses at the EU level. The Online Dispute Resolution (ODR) platform is an interactive, multilingual website that assists consumers and businesses seeking to resolve disputes related to online sales contracts or service agreements out of court. You can access the ODR platform at http://ec.europa.eu/consumers/odr.

§11 Final provisions

  1. The Seller reserves the right to change this Policy due to changes in the provisions of applicable law or changes in the manner of concluding and executing contracts. These changes will not affect orders and agreements already placed, executed, or completed.
  2. In matters not regulated by this Policy, the provisions of generally applicable law apply, in particular the Civil Code of April 23, 1964, and the Act of May 30, 2014, on Consumer Rights.
  3. The Regulation is effective from April 1, 2024.