Terms and Conditions
Terms and Conditions
1. Preliminary Provisions
This Terms and Conditions (“Terms”) define the rules for using the website www.lamarqueuse.com (the “Service”), including the conclusion and performance of sales contracts through this Service. The Terms apply only to goods purchased via the Service; they do not apply to goods purchased in La Marqueuse Sp. z o.o. stationary salons (the Seller). The Service is operated by: La Marqueuse Sp. z o.o. with its registered office in Warsaw, registered at the District Court for the Capital City of Warsaw under KRS number 0000270478. Address: ul. Okopowa 58/72 loc. 0.58, 01-042 Warsaw, NIP: 525-23-82-848, REGON: 140804626, phone: 888 444 343, e‑mail: [email protected]. Use of the Service is conditioned on prior acceptance of the Terms and on your commitment to comply with all provisions therein. You must review the Terms before placing an order. Placing an order is considered acceptance of these conditions. Any complaints arising from ignorance or failure to comply with these Terms will not be considered.
2. Contract Conclusion - order acceptance
The Seller’s online store accepts orders via the Service www.lamarqueuse.com. The content on the Service does not constitute an offer under civil law, but only an invitation to negotiate. La Marqueuse reserves the right to change the goods and their prices listed in the Service, and to conduct or cancel promotional campaigns or sales. The price shown for a product is binding from the moment the order is accepted by La Marqueuse. The Customer is required to fill in the order form correctly, i.e. to complete all fields and provide data truthful to the actual state; otherwise, La Marqueuse reserves the right to refuse order fulfillment. The Customer is bound by the offer contained in the order for 7 days. Failure to pay within that period results in automatic cancellation of the order. La Marqueuse will confirm receipt of the order by sending an email to the address provided in the order (the “confirmation”); this confirmation does not constitute acceptance of the offer. If the confirmation is sent on a working day between 8:00 and 12:00, the Customer’s offer is deemed to have been submitted on the same day. Otherwise, the offer is considered to have been submitted on the first working day following the day the confirmation is sent. The Seller may refuse performance of the order if the product is physically unavailable due to simultaneous sales in a stationary salon or for other important reasons beyond the Seller’s control.
3. Payments
All prices are given in Polish złoty (PLN) and include VAT. They do not include shipping costs. The Customer shall pay the price for the ordered goods using one of the payment methods indicated when placing the order. The store accepts four payment methods: - Cash on delivery – in the case of cash-on-delivery payments, the maximum order value is PLN 15,000 when paying by card or BLIK. Cash payment upon delivery is available for orders up to PLN 5,000. - Payment card – the order is processed after receiving authorization of the transaction. The Service, via PayU, supports Visa\Visa Mobile, Mastercard, Maestro. - Electronic wallets – the order is processed after receiving authorization of the transaction. The Service, via PayU, allows payments to be made using electronic wallets, including Apple Pay and Google Pay. - Bank transfer – the order is processed after a positive transaction confirmation. - Bank transfer / remittance – to the Seller’s account at Santander Bank Polska S.A. Account number: 17 1090 1870 0000 0001 1747 1949. In the transfer title, specify the correct order number and product symbol. The order will be fulfilled immediately once the funds are credited. If the payment cannot be unequivocally identified due to incorrect data provided (e.g. wrong order number or product symbol), the Seller will notify the Customer and request clarification. If clarification still does not allow identification, the Customer agrees not to make any claims against the Seller for non-fulfillment of the order.
4. Order processing time and delivery
La Marqueuse fulfills orders within the time stated for each product (in business days). That period covers production of the jewelry and preparation for shipment, plus delivery time. If a Customer places several orders with different production times to be delivered in one consolidated shipment, all items will be shipped together once the longest production time elapses. The order will be shipped: - if delivery is cash on delivery - after payment authorization via Przelewy24 or PayU The maximum time for order fulfilment shall be up to 45 business days from the date of conclusion of the sales agreement, and, in the case of advance payment, from the date on which the payment is credited to the Seller’s bank account or to the account of the payment service provider handling the payment (e.g. Przelewy24 or PayU). Each order includes a document confirming the transaction, such as a VAT invoice or receipt. Orders are processed in the order received. Orders can be delivered within the territory of Poland. Delivery costs shown in the Service apply to domestic shipments. International delivery costs and feasibility are negotiated individually; delivery abroad may not always be possible. Delivery is made via courier chosen by La Marqueuse – InPost. Couriers deliver shipments between 9:00 and 18:00. To check delivery status, go towww.inpost.pl/sledzenie-przesylek and enter the consignment number provided in the “Shipped” status email. At the moment of receiving the shipment, the Customer must, in presence of the courier: - check the overall condition of the package and whether it is damaged, - if damaged, verify the contents and whether the goods are correct and undamaged. In case of damage, a protocol must be drawn up in the courier’s presence, and the Seller contacted immediately. This protocol is required to validate any claims for non-conformity.
5. Product Descriptions and Photos
Product photos and visualizations on the store pages do not reflect actual size – they are for informational purposes only. Many jewelry designs are handcrafted, so individual pieces of the same model may slightly differ. Differences in appearance due to the Customer’s equipment settings (e.g. color, proportions) do not constitute grounds for a claim.
6. Right of withdrawal - order cancellation, returns
Under the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827, as amended), a Consumer who enters into a distance contract has the right to withdraw from the contract within 14 calendar days without giving any reason. La Marqueuse extends this statutory withdrawal period to 30 days from the date of receipt of the product. The Customer may cancel an order via email, by completing the form available in the “Returns” section, or in writing. The Seller will confirm receipt of the cancellation. Orders that have already been shipped cannot be canceled. The Customer may withdraw from the contract within 30 days of receiving the shipment, without providing any reason, by submitting a written statement, email, or return form available in the “Returns” section. The withdrawal period begins on the day the shipment is received. This right does not apply to orders collected in stationary salons. In the case of in-store pickup, the sales contract is deemed concluded in the store and therefore does not constitute a distance contract within the meaning of applicable law. Prior to accepting the goods, the Customer may cancel the purchase without any consequences. For jewelry containing gemstones, acceptance of a return may require an expert gemological assessment and a positive opinion confirming the condition of the item. The Customer is obliged to return the goods no later than 7 calendar days from the date of submitting the withdrawal statement. Returned items must be in unchanged condition, without signs of use, and include the original packaging, tags, certificates, proof of purchase (receipt or invoice), and warranty card, if applicable. La Marqueuse covers return shipping costs within Poland for convenience and security. All returns must be coordinated in advance via email at [email protected]. Returns sent cash-on-delivery will not be accepted. The refund, including the cost of delivery (if paid by the Customer), will be issued within 14 days from receipt of the withdrawal statement. However, the Seller reserves the right to withhold the refund until the returned goods have been received and verified. La Marqueuse is not liable for delays in processing refunds resulting from banking procedures, incorrect or incomplete payment details provided by the Customer, or other circumstances beyond La Marqueuse’s control. If the provided payment information does not allow the refund to be processed, the Customer will be asked to provide clarification or corrected details. The Customer does not have the right to withdraw from the contract in the case of products made to the Customer’s specifications or personalized items, including engraved or custom-made jewelry. La Marqueuse is not responsible for damage to goods during transport arranged independently by the Customer. If the returned goods do not meet the conditions specified above, La Marqueuse reserves the right to refuse the return, withhold the refund until the matter is resolved, or charge the Customer for justified depreciation or other necessary costs within the limits permitted by applicable law.
7. Complaint & product exchange
In case of defects within 24 months of purchase, to file a complaint send the product to: La Marqueuse, ul. Okopowa 58/72, loc. 0.58, 01‑042 Warsaw, with the note “Reklamacja.” The guarantee does not limit or suspend the Customer’s rights under statutory liability for defects. For domestic shipments, La Marqueuse covers courier costs if the Customer uses Seller’s transport and coordinates return via email. For returns from abroad, shipping cost to Poland is borne by the Customer. Include a completed complaint form and proof of purchase (receipt, invoice, card statement, etc.). The Seller will respond to the complaint within 14 days of receiving the product. If defects are due to manufacturer’s fault, the product will be repaired or replaced at Seller’s cost, or the price refunded or reduced, at the Customer’s choice. If damage is due to Customer’s fault or events outside Seller’s control (e.g. mechanical damage or scratches as excluded in the warranty), La Marqueuse will inform the Customer on repair costs. Exchange is subject to prior approval by email. Exchanges for a different size are possible only if the item is available in that size and not used. Returns sent without prior written consent will not be accepted.
8. Personal Data Protection
The Controller of personal data is La Marqueuse (the Seller). For payment and delivery, Customer data may be shared with Przelewy24, PayU and courier InPost. Detailed data processing rules are in the Privacy Policy, which is Appendix 1 to the Terms.
9. Final Provisions
The administrator of your personal data under Regulation (EU) 2016/679 (GDPR) is La Marqueuse Sp. z o.o., ul. Okopowa 58/72, 01‑042 Warsaw. The Controller declares that no data protection officer has been appointed. For any questions, contact the Controller’s representative Urszula Dmowska‑Gęsiorek at [email protected]. Your personal data are processed: - based on your voluntary consent (Art. 6(1)(a) GDPR), or - because processing is necessary for pre-contractual actions or contract performance (Art. 6(1)(b) GDPR), or - because processing is necessary for the Controller’s legitimate interests, such as marketing or compliance with legal obligations (Art. 6(1)(f) GDPR). Your personal data will be processed until withdrawal of consent, until contract completion, until statute of limitations expires, or until justified legitimate interests cease (unless needed afterward to pursue claims). Personal data may be disclosed to: - social media service providers (Google LLC, Facebook Inc., Facebook Ireland Limited, Pinterest Europe Ltd) for marketing and profiling (cookies, behavior analysis, personalized advertising), - IT service providers (e.g. operating newsletter system) for system continuity, - electronic payment providers for processing payments, - delivery service providers for shipping products, - PR and marketing service providers, - accounting, HR, legal service providers, - subcontractors as needed for service execution. Personal data may be processed for profiling to present advertising tailored to preferences. However, automated decision-making that would affect service availability is not used. Data may be transferred to third countries outside the EU, such as Google LLC (USA) or Facebook Inc. (USA), under safeguards in Art. 46(3)(a) GDPR. The Controller has implemented appropriate protections. You may receive a copy of data or information on where it is stored. You have the right to request from the Controller access to your personal data, rectification, erasure, restriction of processing, data portability, objection to processing, and withdrawal of consent at any time without affecting prior lawful processing. Providing personal data in connection with the contract is voluntary but necessary to enter and perform the contract. Providing data for other purposes is voluntary and not required to conclude or perform the contract. You have the right to lodge a complaint with a supervisory authority - the President of the Personal Data Protection Office.