Terms of Service

These Terms set out the rules for concluding sales contracts via the online Store operating at senti-mentals.com and the rules for providing services by electronic means. The owner of the Store and the Seller is:

You can contact the Seller by e-mail, by phone and by post at the address above. We reply on business days, usually within 1-2 days.

These Terms are continuously available in the Store in a form that allows them to be downloaded, reproduced and recorded using the Customer’s IT system.

Using the Store means accepting these Terms. The Customer is obliged to use the Store in accordance with the law and good practice and not to provide any unlawful content.

Whenever these Terms refer to:

• Store - it means the online store available at senti-mentals.com;
• Seller - Sentimental’s Ewelina Bocian-Świątek, Tax ID (NIP) 7262515306, REGON 101770375;
• Customer - a natural person, legal person or organisational unit concluding a contract with the Seller;
• Consumer - a natural person performing a legal act with a business that is not directly related to their business or professional activity;
• Entrepreneur with consumer rights - a natural person running a business who concludes a contract directly related to that business, where the content of the contract shows that it is not of a professional nature for that person;
• Product - a movable item presented in the Store that is the subject of a sales contract, as well as a gift card in physical or digital form (sent by e-mail);
• Order - the Customer’s declaration of will aimed directly at concluding a sales contract;
• Account - a set of resources in the Seller’s system marked with an individual login and password;
• Payment Operator - the entity handling the payment for a given Order: PayU S.A. based in Poznań (PayU) or PayPro S.A. based in Poznań (Przelewy24);
• Business days - Monday to Friday, excluding public holidays in Poland.

To use the Store you need:

• a device with internet access;
• an up-to-date web browser that supports JavaScript and cookies;
• an active e-mail account;
• for electronic payments - meeting the technical requirements of the Payment Operator and of the chosen payment method (e.g. a banking app for BLIK, a Google account for Google Pay).

The Seller informs you of the risks associated with using the internet, in particular the possibility of data being obtained and modified by unauthorised persons. We recommend using antivirus software and keeping your system and browser up to date.

The Seller is not liable for interruptions in access to the Store resulting from causes beyond its control, including network failures or force majeure. Where possible, we announce planned technical breaks in the Store in advance.

The Seller provides the following electronic services free of charge:

• Account - maintaining an individual Customer account with order history and shipping details. The service is provided for an indefinite period; the Customer may delete the Account at any time by writing to the Seller’s e-mail address.
• Cart - allows Products to be collected before placing an Order. The service is one-off and ends when the Order is placed or the Store is left.
• Newsletter - sending commercial information to the e-mail address provided. The service is provided for an indefinite period and requires consent; you can unsubscribe at any time via the link in the footer of the message.
• Contact form - allows you to send an enquiry to the Seller.

The Customer is prohibited from providing unlawful content and from taking actions that disrupt the operation of the Store, including attempts to gain unauthorised access to the system.

All Products offered in the Store are brand new, owned by the Seller and free from legal defects.

• Product descriptions include information about the materials used, dimensions and the way the piece is made.
• Photos are for illustrative purposes - due to monitor settings and lighting conditions, colours may differ slightly from the actual ones.
• Handmade jewellery may show slight differences in texture, shade or arrangement of elements. This is not a defect of the Product, but a characteristic of a handcrafted piece.
• Natural stones vary in their natural pattern and colour - each piece is unique.

Jewellery care instructions and information on material longevity are described in a separate section of the Store. Following them is a condition for preserving the properties of the Product.

Information about Product availability is shown on its page. If a Product is unavailable, the Seller promptly informs the Customer and refunds the payment received.

Orders can be placed 24 hours a day, 7 days a week, subject to technical breaks.

The ordering process is as follows:

• adding the selected Products to the Cart;
• providing shipping details and, if needed, invoice details;
• choosing the delivery method and payment method;
• reading and accepting the Terms;
• confirming the order with a button labelled “Order with obligation to pay” or an equivalent wording that clearly indicates the obligation to pay.

Sales restrictions: the Store sells exclusively within the territory of the Republic of Poland, and prices and payments are expressed in Polish zloty (PLN). To place an Order, you must provide a delivery address in Poland and an active e-mail address. The Seller does not apply any other limits or additional requirements.

Product information published in the Store constitutes an invitation to conclude a contract within the meaning of Art. 71 of the Polish Civil Code, not an offer.

The sales contract is concluded when the Customer receives an e-mail confirming that the Order has been accepted for processing. The message contains the order number, the list of Products, the total price, and the chosen delivery and payment methods.

The content of the contract is recorded and made available by sending an e-mail and by enclosing a proof of purchase with the parcel.

Product prices are given in Polish zloty and include all components, including VAT. The price does not include delivery costs, which are shown separately before the Order is placed.

The binding price is the price shown at the time the Order is placed. Subsequent price changes do not affect orders already placed. Whenever a Product price is reduced, we state the lowest price that applied in the 30 days before the reduction.

Payments in the Store are handled by PayU or Przelewy24. The currently available Payment Operator is shown in the Order form - if two are available, the Customer chooses one of them. After placing the Order, the Customer is redirected to the Payment Operator’s website, where they choose the payment method.

The availability of individual payment methods may vary depending on the Payment Operator - the current list of methods is shown on its website.

The detailed rules for using individual payment methods are set out in the terms of the Payment Operators and - for instalments and deferred payments - in the terms of the entities providing the financing. The decision to grant instalments or deferred payment is made solely by the provider of that service.

Failure to pay within the specified deadline entitles the Seller to cancel the Order, of which the Customer will be informed by e-mail.

We issue a proof of purchase for every Order. An invoice is issued at the Customer’s request once the details have been entered in the order form; the Customer agrees to receive the invoice in electronic form at the e-mail address provided.

We fulfil orders within the territory of the Republic of Poland. Available delivery methods:

Processing time is counted from the day the payment is credited (and, for instalments and deferred payments, from the day the provider’s positive decision is received) and depends on the type of Product:

• Jewellery - up to 4 weeks (maximum 20 business days), as each piece is handmade;
• Physical gift card - 1-2 business days, after which it is shipped using one of the delivery methods listed in the table above;
• Digital gift card - 1-2 business days; the card is sent by e-mail to the recipient or to the Customer, free of delivery charges.

If the Order includes jewellery and a physical gift card, the longer of these periods applies, unless the Seller ships the Products separately. A digital gift card is sent independently of the other Products. The expected processing time is also shown on each Product page.

The carrier’s delivery time shown in the table above must be added to the processing time.

• Delivery costs are shown when choosing the shipping method and are visible in the Order summary.
• The Seller may introduce an Order value threshold for free delivery - information about the threshold is shown in the Store.
• Parcels are shipped in packaging that protects the jewellery from damage. Once the parcel has been shipped, the Customer receives an e-mail with a tracking number.
• A parcel sent to a Parcel Locker must be collected within the period stated by InPost in its notification. If the parcel is not collected and is returned to the Seller, we will contact the Customer to arrange re-shipment or a refund.
• If the parcel is found to be damaged on courier delivery, we recommend drawing up a damage report in the presence of the courier and, when collecting from a Parcel Locker, taking photos and reporting the damage to InPost. This makes it easier to pursue claims, but is not a condition for considering a complaint.

The risk of accidental loss of or damage to the Product passes to the Consumer when the Product is handed over to them. If the Consumer has chosen a carrier not offered by the Seller, the risk passes when the item is handed over to that carrier.

Gift cards are available in the Store in two versions:

• physical - a Sentimental’s box with a gift card containing a unique code and a brochure presenting the collection; the card is shipped using one of the delivery methods described in section 08;
• digital - a separate e-mail with a digital gift card containing a unique code and a digital version of the brochure; sent free of delivery charges to the e-mail address of the recipient or of the Customer, as selected in the Order.

The Customer can choose one of the suggested card values or enter any amount. Several cards for different people are added to the cart as separate items.

Terms of use:

• the code from the card is entered in the cart or in the Order form - it reduces the Order value by the amount available on the card;
• the purchase value can be equal to, lower than or higher than the amount on the card; if the Order value exceeds the card balance, the difference must be paid using one of the available payment methods;
• the card can be used multiple times - the balance is updated after each Order and remains available until the end of the validity period;
• several gift cards can be used to pay for a single Order;
• the gift card cannot be exchanged for cash, and any funds not used within the validity period expire and are not refundable;
• a gift card cannot be used to purchase another gift card;
• the card is a bearer card - the Seller is not liable for its use by an unauthorised person if the code has been shared or lost for reasons beyond the Seller’s control.

In the event of withdrawal from the contract or an accepted complaint regarding a Product paid for with a gift card, the relevant amount is returned to the balance of that card. If the card has already expired, the Seller issues a new gift card with a new code for the refunded amount, valid for 2 months from the date of issue.

If the Order was paid partly with a gift card and partly with another payment method, each part is refunded in the same way in which it was paid.

A Consumer who has purchased a gift card has the statutory right to withdraw from the contract within 14 days under the rules described in section 10, provided that the card has not yet been used, even partially.

A Consumer, as well as an Entrepreneur with consumer rights, may withdraw from a distance contract within 14 days without giving any reason, regardless of the chosen payment method and Payment Operator, without incurring any costs other than those indicated below.

The period starts when the Consumer, or a third party indicated by them other than the carrier, takes possession of the Product. To meet the deadline, it is sufficient to send the statement before it expires.

• The Product must be sent back to the returns address above without undue delay, and no later than 14 days after submitting the statement.
• The direct cost of returning the Product is borne by the Consumer.
• The Seller refunds all payments received, including delivery costs up to the cost of the cheapest standard delivery method offered in the Store, within 14 days of receiving the statement.
• The refund is made using the same payment method used by the Consumer (e.g. to the payment card or bank account, via the same Payment Operator - PayU or Przelewy24, and, in the case of payment with a gift card, under the rules described in section 09), unless the Consumer has expressly agreed to another solution. For instalments and deferred payments, the refund is sent to the provider of that service.
• The Seller may withhold the refund until it has received the Product back or proof that it has been sent - whichever occurs first.
• The Consumer is liable for any reduction in the value of the Product resulting from handling it beyond what is necessary to establish its nature, characteristics and functioning.

The right of withdrawal does not apply to contracts for the supply of an item that is not prefabricated, is made to the Consumer’s specifications or is intended to meet their individual needs - this applies to jewellery made to individual order, including engraved or personalised pieces. Such a Product cannot be resold to another Customer, which is why the law excludes the right of withdrawal in this case. Other exceptions are set out in Art. 38 of the Polish Consumer Rights Act.

The Seller is liable for the Product’s conformity with the contract under the rules set out in Chapter 5a of the Polish Consumer Rights Act. This liability covers any lack of conformity existing at the time the Product was delivered and becoming apparent within 2 years of that time.

Consumer rights:

• first - to request repair or replacement of the Product;
• if repair or replacement is impossible or would involve disproportionate costs - to request a price reduction or to declare withdrawal from the contract;
• withdrawal is not possible if the lack of conformity is minor.

• We consider complaints within 14 days of receipt and inform you of the outcome by e-mail.
• If we do not reply within this period, the complaint is deemed accepted.
• The Product under complaint should be delivered to the address above; the cost of delivering it to the Seller is borne by the Seller.
• Complaints concerning electronic services (Account, Newsletter, operation of the Store) are filed in the same way.

Complaints do not cover mechanical damage caused by the user, natural wear and tear of the Product or the effects of not following the care instructions, in particular contact of the jewellery with cosmetics, perfumes, chlorinated or salt water.

The Seller does not provide a separate commercial guarantee for the Products. This does not limit the Seller’s statutory liability for the Product’s conformity with the contract, described in section 11.

After-sales service includes:

• information on the status of the Order and the parcel;
• advice on caring for and storing jewellery;
• help with the return and complaint procedure.

After-sales service is free of charge and is provided by e-mail at kontakt@senti-mentals.com and by phone on business days.

For Customers who are neither Consumers nor Entrepreneurs with consumer rights, the Seller’s liability under the statutory warranty is excluded pursuant to Art. 558 § 1 of the Polish Civil Code.

• The Seller’s liability is limited to the price paid for the Product.
• The Seller is not liable for lost profits.
• When the Product is handed over to the carrier, the benefits and burdens associated with the Product and the risk of its accidental loss or damage pass to the Customer.
• Any disputes shall be resolved by the court having jurisdiction over the Seller’s registered office.

Consumers may use out-of-court methods of handling complaints and pursuing claims, in particular:

• applying to a permanent consumer arbitration court at the Provincial Inspectorate of the Trade Inspection;
• requesting mediation proceedings before the Provincial Inspector of the Trade Inspection;
• seeking help from a district or municipal consumer ombudsman or a non-governmental organisation working for consumers.

Detailed information is available at the offices and on the websites of consumer ombudsmen, the Trade Inspection and the Office of Competition and Consumer Protection (UOKiK): uokik.gov.pl.

Consumers living in another EU Member State may also contact the European Consumer Centre in their country, which provides free help with cross-border disputes: ECC-Net.

Using out-of-court methods of handling complaints is voluntary.

If the Store allows reviews to be posted, the following rules apply:

• reviews may only be posted by Customers who have purchased the given Product;
• verification takes place by linking the review to the order number or by sending an invitation to the e-mail address used for the purchase;
• the Seller does not publish sponsored reviews or modify their content;
• reviews containing unlawful, offensive or advertising content, or content not related to the Product, may be removed;
• by posting a review, the Customer grants the Seller a free licence to publish it in the Store and in marketing materials.

All content published in the Store - including the brand name, logo, Product photos, descriptions, graphics and page layout - is protected by copyright held by the Seller or by entities with which the Seller has concluded the relevant agreements.

Copying, distributing or using this content for commercial purposes without the Seller’s prior written consent is prohibited.

Sentimental’s jewellery designs are protected as works within the meaning of the Polish Act on Copyright and Related Rights.

The controller of Customers’ personal data is the Seller. Data is processed in order to fulfil Orders, provide electronic services, comply with legal obligations and - with consent - for marketing purposes.

To the extent necessary to fulfil the Order, data is shared with the Payment Operator handling the given Order (PayU S.A. or PayPro S.A. - Przelewy24) and with the chosen carrier (InPost sp. z o.o. or DPD Polska sp. z o.o.).

Providing data is voluntary, but necessary to conclude and perform the contract. The Customer has the right to access their data, rectify it, erase it, restrict its processing, transfer it and to object.

The detailed rules are described in our Privacy Policy, which forms an integral supplement to these Terms.

The Seller reserves the right to amend these Terms for important reasons, in particular: changes in the law, changes to payment or delivery methods, extension or restriction of the Store’s functionality.

• We announce changes at least 14 days in advance - by a notice in the Store and by e-mail to Customers who have an Account.
• Orders placed before the changes take effect are fulfilled under the previous rules.
• A Customer who does not accept the changes may terminate the contract for electronic services by deleting their Account.

Matters not covered by these Terms are governed by Polish law, in particular the Civil Code, the Consumer Rights Act and the Act on the Provision of Electronic Services.

If any provision of these Terms proves to be invalid, the remaining provisions remain in force.

Any disputes with a Customer who is not a Consumer shall be resolved by the court having jurisdiction over the Seller’s registered office. Disputes with a Consumer are resolved by the court having jurisdiction under general rules.