Rules – DiamArte Club

Rules DiamArte Club Sp. z o.o.

Suknie wieczorowe

§ 1. Definitions

Whenever the following expressions and phrases are used in these Terms and Conditions (hereinafter referred to as the “Terms and Conditions”), they shall be understood in the following manner:

“Seller” – the owner of the DiamArte Club Store, which is a limited liability company operating under the name “DiamArte Club”, with its registered office in Warsaw, 87 Grzybowska Street, 00-844, entered into the register of entrepreneurs of the National Court Register by the DISTRICT COURT FOR M.ST. WARSAW IN WARSAW, XII COMMERCIAL DIVISION, under the number 0001115108, REGON: 529110101, NIP: 5273119754.
„Buyer” or “Client” – an entity being a natural person, a legal person, an organizational unit without legal personality and equipped with legal capacity, referred to in the provision of Article 33¹ of the Civil Code, which concludes a contract with the Seller for the sale of Goods or Listed Goods;
“User” – an entity that has gained access to services provided electronically by the Seller within the Store, on the terms set out in the Terms and Conditions;
“Parties” or “Party” – the Seller and the Buyer (jointly referred to as the “Parties” or separately as a “Party”);
“Goods” – any item or service offered for sale by the Seller in the https://www.diamarte.club/ online store;
„Listed Goods” – Goods whose price depends solely on the price movement on the financial market, in accordance with Article 38(1)(2) of the Act of 30 May 2014 on consumer rights;
“Goods on individual order” – Goods that are manufactured or delivered at the individual request of the Client or used to meet the individual needs of the Client, in accordance with Article 38(1)(3) of the Act of 30 May 2014 on consumer rights;
“Store” – the DiamArte Club website owned by the Seller, through which the Seller sells Goods and Listed Goods on the Internet, located at the Internet address https://www.diamarte.club/;
“RODO” – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC; “Consumer” – a natural person concluding a contract with the Seller for the sale of Goods or Listed Goods not directly related to their business or professional activity (Article 22¹ of the Civil Code); “Entrepreneur” – a natural person, a legal person and an organizational unit referred to in Article 331 § 1 of the Civil Code, conducting business or professional activity in its own name (Article 431 of the Civil Code);
“Entrepreneur” – a natural person, a legal person and an organizational unit referred to in Article 331 § 1 of the Civil Code, conducting business or professional activity in its own name (Article 431 of the Civil Code);„
“Entrepreneur with consumer rights” – a natural person who concludes with the Seller a contract for the sale of Goods or Listed Goods directly related to his or her professional activity, but not of a professional nature for him/her, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Registration and Information on Business;
“Force majeure” – an external event beyond the control of the Parties, unexpected, impossible to prevent (e.g. wars, natural disasters, epidemics, strikes, social disturbances, destruction of machinery, factory or any type of installation, boycott, strike, lock-outs of all kinds, “Italian” strike, occupation of factories and premises).

§ 2. General provisions

General provisions The Terms and Conditions define the rules of use and operation of the Store, establishing mutual rights and obligations of the Users and the Seller.
All rights to the Store, including economic copyrights, intellectual property rights to its name, its Internet domain, the Store’s website, as well as to patterns, forms, logos and photos, graphics, solutions, films and clips, layouts and descriptions posted on the Store’s website are works within the meaning of the Act on Copyright and Related Rights and belong to the Seller. It is forbidden to distribute and copy any content of the Store without the express consent of the Seller granted in writing or electronically.
The Terms and Conditions define the rules for the purchase of Goods, including Listed Goods and Goods on individual order, which may be modified for the purposes of conducting promotional campaigns, introducing terms and conditions of the sale offer other than those in the Terms and Conditions.
The User undertakes to use the Store in accordance with the provisions of these Terms and Conditions, generally applicable laws and good practices. The User is obliged to use the services and functionalities made available by the Seller in a way that does not interfere with the functioning of the Seller and the Store’s website. In particular, placing orders in a way that justifies the suspicion of using tools that automate the process of placing orders, in particular bots, or using the services and functionalities made available by the Seller in a way that indicates the intention to violate the provisions of the Terms and Conditions or the law, may be considered a disruptive activity.
In order to use the Store, the User should meet the following technical requirements enabling the use of the Store, such as:
– an active Internet connection,
– an active e-mail address,
– properly configured web browser such as Google Chrome, Mozilla Firefox, Microsoft Edge, Internet Explorer, Safari, Opera – updated to the most up-to-date version.
An invoice for the data of the Entrepreneur or the Entrepreneur on consumer rights will be issued if the order includes information regarding the willingness to obtain an invoice for the purchase of the Seller’s goods.
The Terms and Conditions satisfy the obligations listed in Article 8(1)(1) of the Act of 18 July 2002 on the provision of electronic services.

§ 3. Registration

User registration takes place by filling in the registration form available on the Store’s website, after the User fills in the data necessary to complete orders placed in the Store.
Filling in the form results in the creation of a Customer Account in the Seller’s Store, to which the password and login are selected by the User in order to log in to the Store. Effective approval of the registration form by the Client is the moment of creating the Account and concluding the agreement for the provision of services by electronic means, the subject of which is to provide the functionality of the Client’s Account.
The Client is obliged to provide true data, if the Seller decides that the data is not true, the Seller reserves the right not to complete the order, block or delete the Client’s account. Upon registration, the Client is obliged to accept: Terms and Conditions and Privacy Policy of https://www.diamarte.club/polityka.html
Registration in the Store is voluntary and free of charge, and the Customer has access to their data at any time, to change and delete them in accordance with the Privacy Policy posted in the Store under the link – https://www.diamarte.club/polityka.html.
It is forbidden to use the accounts of other Clients and to share data to one’s account with third parties. The Seller is not responsible if the data is made available to third parties by the Client.
The Seller provides the possibility to browse the Store and place an order for Goods without the requirement to have an account in the Store.

§ 4. Order

1. Orders in the Store can be made in one of the following ways:

a. via forms placed directly in the Store – provided that the Client receives a return e-mail from the Seller or a written confirmation of accepting the order.

b. by phone – at the telephone number indicated in the Store, provided that the Client receives a return e-mail from the Seller or a written confirmation of accepting the order. In addition, the Seller will inform the Buyer in the conversation that he is concluding a distance contract with him.

c. by e-mail – at the address indicated in the Store, provided that the Client obtains a return e-mail from the Seller or a written confirmation of accepting the order.

The customer can choose the following payment methods:

by bank transfer to the bank accounts indicated in the order form in the e-mails sent,
payment by bank transfer via the PayU system,
payment card via the PayU system,
BLIK payment via the PayU system,
in cash in direct contact with one of the Seller’s partners.

2. The confirmation of acceptance of the order referred to in paragraph 1 above is the Seller’s statement of acceptance of the Client’s offer. Upon acceptance of the Client’s offers by the Seller, the Sales Agreement for specific Goods is concluded.

3. The order is executed after:

receipt of payment by the Seller,
receipt of authorization by the Seller via the PayU system,

subject to paragraph 5.

4. The data of the Customer making a payment through the PayU S.A. service are transferred directly to the PayU S.A. service, bypassing the Store, and the use of the above-mentioned services requires prior acceptance of the terms of use by the Customer.

5. The order of the Listed Goods will be processed if the Seller receives the payment to the bank account or the confirmation of authorization within 1 business day from the moment of placing the order. Otherwise, the Seller has the right to cancel the Client’s order and in such a situation the order is considered not to have been placed. The Seller may also offer the ordered Listed Goods to the Customer, taking into account the appropriate price change. Acceptance of the new price by the Client is tantamount to placing a new order within the meaning of the above provisions. Lack of acceptance within 1 working day from the offer of the new price results in the recognition that the order has not been placed.

6. An order for Goods on an individual order will be processed if the Seller receives full payment in cash or to a bank account within 1 working day from the moment of receipt of a pro-forma VAT Invoice or order confirmation by the Client. No payment within 1 business day.

7. The prices quoted in the Store are gross prices (i.e. they include the VAT due in accordance with the applicable rates) and are given in Polish zloty.

8. The Client making a payment via PayU agrees to cover the costs related to the use of the PayU system by ticking the appropriate box in the order form, and then it is added to the total value of the order.

9. Goods, including Listed Goods and Goods on individual order, in the Store do not constitute an offer within the meaning of the Act of 23 April 1964. Civil Code (Journal of Laws 2020.1360, as amended), they are only an invitation to submit purchase offers on the part of the Client, within the meaning of Article 71 of the Civil Code.

10. In a situation where the Seller is obliged to apply the provisions contained in the Act of 1 March 2018 on counteracting money laundering and terrorist financing (Journal of Laws of 2018, item 723, as amended) or internal procedures resulting from the above-mentioned Act, the Client is obliged to undergo the required verification. A negative assessment of the above-mentioned verification or the inability to carry it out may result in the Seller’s withdrawal from the contract.

§ 5. Delivery of goods

The order is carried out only on the territory of the Republic of Poland. Execution of orders outside the territory of the Republic of Poland requires additional confirmation by the Seller and is related to the Client’s obligation to cover additional costs of delivery of the Goods.

The Seller delivers the Goods:
– insured courier delivery, the cost of insurance is borne by the Consumer, on the terms and conditions specified by the given intermediary whose services are used by the Seller,
– by personal collection of the Goods, after prior arrangement of the date and place,
Declaring the option of personal collection of the Goods by the Client entails the obligation to collect the Goods by the Client within 3 months from the date of informing them about the possibility of collecting the Goods.
If the Client fails to collect the Goods within the above period, the Goods may be placed by the Seller in the central warehouse at the Client’s expense and risk, unless the Client decides to conclude a storage agreement, under the conditions specified in separate regulations.
Due to the non-contractual storage of the uncollected Goods by the Client, the Seller may charge the Client with a fee for non-contractual storage of the Goods in the amount of 1% of the net order value for each commenced week of non-contractual storage of the Goods.
The Goods may still be collected by the Client, however, only after the Client has paid the fee for non-contractual storage of the Goods.
After exceeding the deadline for collecting the Goods by the Client, the Seller will set a new Collection Date, taking into account the need to move it from the central warehouse.
– another form of delivery offered by the Seller, on the terms of the carrier whose services are used by the Client.
In relation to the Client who is an Entrepreneur, the Release of the Goods was made at the moment when, in order to deliver the goods to the place of destination, the Seller entrusted them to a carrier dealing with the transport of goods of this type.
Upon handing over the Goods by the Seller to the carrier, the Client who is not a Consumer shall be transferred to the benefits and burdens related to the Goods and the risk of accidental loss or damage to the Goods. In such a case, the Seller shall not be liable for the loss, deficiency or damage of the Goods arising from the time of accepting them for transport until they are handed over to the Client and for delays in the transport of the parcel.
The deadline for sending a courier shipment is generally 1, 3 or up to 15 working days from the moment of crediting the funds to the Store’s bank account, and the Seller informs the Client each time about the current delivery date for a given type of Goods.
The Seller attaches a receipt, VAT invoice or margin VAT invoice to each order.
The condition for receiving a VAT invoice or a margin VAT invoice for the Entrepreneur’s data is to inform the Seller in advance at the time of placing the order.
Each time, delivery costs are added to the order value according to the rates applicable on the day of the order; Each time the customer will be informed about the costs via e-mail or phone. The cost of insurance is included in the total delivery price. The consumer agrees to cover the shipping costs with their insurance by ticking the appropriate box in the order form.
The Parties are bound by the purchase price of the Goods if the Client places an effective order and accepts it by the Seller.
The Seller delivers the Goods in accordance with the conditions each time presented to the Client in the description and specification of the Goods.
At the Client’s request, the Goods can be stored in the Seller’s vault. The terms and costs of this service are determined on separate terms. After the Client purchases the Goods, the Seller provides the Client, at the Client’s request, with an offer for the storage of the Goods, specifying the details of the Goods storage service.
The parcel is delivered to the address provided by the Client, and the receipt of the parcel by the person who has indicated that he or she is authorised to collect the parcel on his behalf is considered effective.
The Seller is not responsible for incorrect indication of the delivery address by the Client.
The Client is obliged to examine the contents of the shipment at the time and in the manner customary for shipments of this type, in the presence of the courier and in the event of noticing a violation of the shipment, to draw up an appropriate protocol and take actions necessary to determine the carrier’s liability.
The Seller shall not be liable for failure to deliver the Goods on time, if the failure to complete the Order is the result of Force Majeure.
In the event of Force Majeure, the Seller shall immediately notify the Client of the possibility of a delay in the delivery of the goods due to Force Majeure.

§ 6. Personal data

The administrator of the Clients’ personal data is DiamArte Club Sp. z o.o. with its registered office in Warsaw [00-844], 87 Grzybowska Street, entered into the register of entrepreneurs of the National Court Register by the DISTRICT COURT FOR M.ST. WARSAW IN WARSAW, XII COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER no.: 0001115108, REGON: 529110101, NIP: 5273119754, share capital: PLN 10,000.00 [fully paid biuro@diamarte.club
Information on the processing of personal data by the Seller can be found in the Privacy Policy available at: https://www.diamarte.club/polityka.html.

§ 7. Withdrawal from the contract

Each Client, who is a Consumer within the meaning of Article 22¹ of the Civil Code and uses the Store, has – on the basis of the provisions of law – the right to withdraw from the concluded contract for the purchase of goods (services), without giving a reason, within the period described below, subject to the following paragraphs of this paragraph. The statement of withdrawal should be sent to the following address: DiamArte Club sp. z o.o., 87 Grzybowska Street, 00-844 Warsaw.
The Consumer has the right to withdraw within a maximum period of 7 days, which begins on the day of receipt of the goods by the Consumer. The deadline is considered to have been met if, before its expiry, the consumer sends an unequivocal statement of withdrawal to the address indicated above. A template of the form on the declaration of withdrawal from the concluded agreement is attached as Appendix 1 to the Terms and Conditions of the Mennica Skarbowa online store and is available at https://www.diamarte.club/Formularz-odstapienia-od-umowy.html.
In the event of withdrawal from a distance contract, the contract is considered not concluded. The purchased Goods should be returned to the following address: DiamArte Club Sp. z o.o., 87 Grzybowska Street, 00-844 Warsaw. The funds will be returned to the Client immediately, no later than within 7 days from the moment of receipt of the Goods by the Seller.
If the Consumer has submitted a statement of withdrawal from the contract before the Seller has accepted his offer, the offer ceases to be binding.
The right to withdraw from the agreement by the Client, including the Consumer, is excluded in the event of:
– Provision of services for which the Consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur he will lose the right to withdraw from the contract, and took note of it;
– Listed Goods and other contracts concerning performance, for which the price or remuneration depends solely on the price movement on the financial market,
– Goods on individual order and other contracts in which the subject of the service is non-prefabricated goods, manufactured according to the Customer’s specifications, including the Consumer’s specifications or serving to meet their individual needs,
– Services with properties specified by the Consumer in the order placed by him or serving to meet his individual needs, in accordance with the provisions of Article 38 of the Act of 30 May 2014 on consumer rights.
In situations other than those indicated above, in which the Client does not have the right to withdraw from the agreement, the Seller has the right to agree to return or withdraw the order to purchase Listed Goods or Goods on an individual order, including paid for. In such a case, the settlement with the Client in respect of the Listed Goods will be based on the purchase prices, in the scope of the Goods on individual order, on the terms specified between the Seller and the Client. The costs of return delivery of goods are borne by the Consumer, unless the withdrawal was caused by the fact that the Store is unable to perform the performance of the properties ordered by the Consumer, even temporarily. When the Consumer withdraws from the agreement, the Seller returns to the Consumer all payments received from the Consumer, including the costs of delivery of the goods, immediately, and in any case not later than 7 days from the date on which the Seller was informed about the Consumer’s decision to exercise the right of withdrawal.
The return made by the Seller, described in § 7 section 8, does not apply to additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
The refund of the payment will be made using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer agrees to another method of reimbursement that does not involve any costs for him.
If the Seller has not offered to collect the Goods from the Consumer himself, he may withhold the return of payments received from the Consumer until he receives the Goods back or until the Consumer provides a proof of sending it back, whichever occurs first.

§ 8 Complaints

On the Store’s website, the Seller places photos of sample Goods, which are only illustrative, illustrating the Goods marked as to the species.
Complaints are considered within 7 calendar days from the date of their receipt.
The complainant receives a response in electronic or written form, depending on the method of filing the complaint.
The condition for considering the complaint is to provide the Seller with the Goods together with the proof of purchase and a description of the complaint in accordance with the template.
The Consumer is responsible for the decrease in the value of the Goods resulting from the use of the Goods in a manner exceeding that necessary to determine the nature, characteristics and functioning of the item.
The refund of the money paid will be made immediately, no later than within 7 calendar days from the moment of considering the complaint in favor of the Client. The refund is made in the form of a bank transfer to the account indicated by the Buyer or a postal order at the address indicated in the order.
The Client may submit a complaint via: account in the Store, send an e-mail to the following address: biuro@diamarte.club, in writing to the following address: DiamArte Club Sp. z o.o. 87 Grzybowska Street, 00-844 Warsaw.
Complaints regarding the lack of conformity of the Goods, including the Listed Goods or the Goods for an individual order with the Contract, are considered in accordance with the applicable provisions of the Polish law, i.e. in the case of Consumers on the basis of the provisions of the Act on Consumer Rights and the Civil Code, and in the case of Clients who are not Consumers on the basis of the provisions of the Civil Code.
The Goods are in conformity with the concluded Agreement in the cases specified in Article 43 b of the Act of 30 May 2014 on consumer rights, in particular if their description, type, quantity, quality, completeness and functionality are in accordance with the Agreement. In addition, in order to be considered in conformity with the Agreement, the Goods must:

be suitable for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practices;
be present in such quantities and have such characteristics, including durability and safety, as are typical for Goods of this type and which the Buyer can reasonably expect, taking into account the nature of the Goods and the public assurance made by the Seller, its predecessors in title or persons acting on their behalf, in particular in advertising or on the label, unless the Seller demonstrates, that:

he did not know of the public assurance in question and, judging reasonably, could not have known about it,
before the conclusion of the Agreement, the public assurance was rectified in accordance with the conditions and form in which the public assurance was made, or in a comparable manner,
the public assurance had no impact on the Buyer’s decision to conclude the Agreement;
be supplied with packaging, accessories and instructions that the Buyer can reasonably expect to be delivered.

10. The Seller shall not be liable for non-compliance of the Goods with the Contract to the extent referred to in paragraph 9, if the Consumer, at the latest at the time of conclusion of the Contract, has been expressly informed that a specific feature of the Goods deviates from the requirements for compliance with the Contract specified in paragraph 9 above, and has expressly and separately accepted the lack of a specific feature of the Goods.

11. The Customer who exercises his/her rights due to the non-conformity of the Goods with the Contract shall be obliged to deliver the defective Goods to the address: DiamArte Club Sp. z o.o. 87 Grzybowska Street, 00-844 Warsaw.

12. The Customer who is an Entrepreneur shall lose his/her rights under the warranty if he/she failed to inspect the Goods in the time and manner usual for this type of goods and failed to notify the Seller of the defect without delay, and in case the defect became apparent only later – if he/she failed to notify the Seller immediately after its discovery.

13. The use of out-of-court means of handling complaints and claims is voluntary. The following provisions are for information purposes and do not constitute an obligation on the part of the Seller to use out-of-court means of dispute resolution. The Seller’s statement of consent or refusal to participate in the procedure for out-of-court settlement of consumer disputes is submitted by the Seller on paper or other permanent medium in the event that, following a complaint filed by the Consumer, the dispute has not been resolved

14. The rules for the conduct of procedures for out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this regard are defined separately in the law, including in particular the Law of September 23, 2016 on out-of-court resolution of consumer disputes (Journal of Laws 2016, item 1823) or in the regulations applied by the relevant entities competent to resolve consumer disputes. Detailed information on the possibility for a Customer who is a Consumer to use out-of-court ways of processing complaints and pursuing claims, as well as the rules of access to these procedures, may be available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection, in particular also at the following web address of the Office of Competition and Consumer Protection https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. The President of the Office of Competition and Consumer Protection keeps an open register of entities authorized to conduct proceedings on out-of-court settlement of consumer disputes.

15. A customer who is a Consumer has the following examples of out-of-court means of dealing with complaints and claims:

1. The Customer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2018, item 1930, as amended) to resolve a dispute arising from the concluded Agreement;
2. The Customer is entitled to apply to the provincial inspector of the Commercial Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2018, item 1930), with a request to initiate mediation proceedings for out-of-court dispute resolution between the Customer and the Seller;
3. The Customer may obtain free assistance in resolving a dispute between the Customer and the Vendor, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers);
4. The customer can file a complaint through the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court dispute resolution that may arise between businesses and Consumers.

§ 9 Other provisions

The information contained on the website and presented by the Seller is only and exclusively its own opinions and does not constitute investment recommendations within the meaning of the Regulation of the Minister of Finance of October 19, 2005 (Journal of Laws of 2005, No. 206, item 1715, as amended. ) nor within the meaning of the Commission Delegated Regulation (EU) No. 596/2014 regarding regulatory technical standards on technical measures for the objective presentation of investment recommendations or other information recommending or suggesting an investment strategy and the disclosure of vested interests or indications of conflicts of interest (OJEU, L 160/15), nor do they constitute investment advice. Clients make decisions solely at their own risk.
Clients may access these Terms and Conditions at any time at: https://www.diamarte.club/polityka.html and take a printout thereof.
If any provision of the Terms and Conditions is declared invalid by a final court decision, the remaining provisions shall remain in force, unless applicable law provides for a different effect.
In matters not regulated by these regulations, the provisions of the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16 item 93 as amended), the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014 No. 827 as amended), the Act of July 18, 2002 on the provision of electronic services (Journal of Laws 2019.123 as amended), the Act of July 27, 2002. Foreign Exchange Law (DZ.U.2022.309 as amended) and other relevant provisions of applicable law.
The Regulations may be amended for important technical, legal and organizational reasons. The Seller will inform the Customers about the changes. Amendments to the Regulations will not apply to Contracts for the sale of Goods, which were concluded before the effective date of the amendments arising from the Regulations.
Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the seat of the Seller.
The applicable law is Polish law. However, the Customer, being a Consumer, is entitled to selected rights and claims against the Seller provided by the law of the country of origin.

Contact us

We are creating a club of exceptional people, enthusiasts, who share similar values to ours, who bring commitment, help and support. To ensure the highest quality of service, use quick contact or call to us.

DIAMARTE CLUB Sp. z o.o.
ul. Grzybowska 87,
00-844 Warszawa