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Terms & Conditions

 

 

These terms and conditions apply to all users of the tomaszdonocik.com website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By placing an order with tomasz donocik.com (“us”, “we”, “our”) you agree to accept these terms and conditions.

Please note, these terms and conditions can change at any time, and it is up to you to check these terms and conditions regularly before ordering products. Only the most recent version of these terms and conditions will be considered valid. If you do not agree with the terms and conditions set out below, you should not continue to use or access these websites.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

If you have any queries relating to our terms and conditions, please contact us before placing an order.

 

 

General Information

 

The following terms and conditions will apply when you buy an item from tomaszdonocik.com. The terms and conditions do not affect your statutory rights.

Your contract for purchases made through tomaszdonocik.com is that you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale.

You must be eighteen years old or older to use this site. If you are under eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this site.

You warrant that all details you provide to tomaszdonocik.com for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.

You agree that e-mail can be used as a long-distance means of communication.

During the registration process, you must choose a username and password. You are responsible for all actions taken under that username and password and must only purchase from tomaszdonocik.com under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If you think someone else might know it, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. If there are any changes to the details supplied by you it is your responsibility to inform tomaszdonocik.com as soon as possible.

It is a crime to use a false name or a known invalid credit card to order. Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law.

tomaszdonocik.com reserves the right to end our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:-
you fail to make payment to us when due
you breach any of our terms and conditions
when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity
we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on tomaszdonocik.com

We reserve the right to refuse any order placed. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment card or account and/or orders using the same billing and/or shipping address.

We reserve the right in our sole discretion to limit or prohibit orders that appear to be placed by dealers, resellers or distributors.



YOUR RESPONSIBILITIES IF YOU BREAK THESE TERMS AND CONDITIONS


You agree that if you break these terms and conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your account and/or personal information unless you can prove that such use was fraudulent.

  

 

Ordering

 

When placing an order, you agree that any and all information given is accurate and complete.
All orders are subject to acceptance and product availability.
Availability information for products is listed on each individual product description. If tomaszdonocik.com does not have enough stock to deliver the goods you have ordered they can be made to order this process takes 6-8 weeks. Made to order and bespoke items are final sale and not eligible for refund or return.
All prices listed on tomaszdonocik.com are correct at the time of entering the information; however, we reserve the right to change prices of any product at any time. All prices include sales tax.
No contract for the sale of any product will exist between you and tomaszdonocik.com until we accept your order by dispatching the product to you. When this happens we will confirm the acceptance by sending you an email.
This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including VAT and P&P) and usual delivery times.
You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
If your order has not been accepted, you will receive an email from us telling you the reasons why.
Discount vouchers, codes and offers cannot be used on sale products.

 

 

Delivery

 

The delivery period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if your order is of a high value.

If your delivery address is outside of the UK, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note that customs policies vary widely from country to country. We recommend you contact your local customs office for further information.
Please note international shipments may be subject to cross-border inspections by customs authorities.

 

 

Payment

 

Prices quoted are based on UK delivery. For non-UK deliveries local tax will apply and the price may be adjusted at checkout.

We accept most major credit and debit cards. Alternatively you can pay over the telephone, please email sales@tomaszdonocik.com with your contact details and your request.

All Credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

 

 

Cancelling an order/ returning procedure

 

If you haven’t submitted an order, you may clear the items in your shopping basket at any time by clicking the ‘Remove’ button next to the product you do not wish to purchase in your shopping basket.

If you have placed an order but then wish to change or cancel it, please contact us as soon as you can. We will try our best to make any changes but we cannot guarantee that we will be able to do so as the order may already have been processed. In such cases, you may have to wait until you receive the order and then follow the normal Returns procedures.

Once we've heard from you that you wish to cancel an order, any sum debited to us from your credit or debit card will be re-credited to that credit or debit account within 14 days of your order, provided the goods have not been dispatched. In such cases, you may have to wait until you receive the order and then follow the normal Returns procedures.

If you are in the European Union and you cancel your complete order within fourteen days after the day your goods are delivered to you, we will refund the standard postage and packing costs you paid as part of that order (if any), in accordance with the Distance Selling Regulations. You will have to pay the costs of sending the order back to us. We will not refund any postage and packing charges if you cancel after the fourteen days allowed under the Distance Selling Regulations or if you only cancel part of your order.

Please note that bespoke and made to order items including custom gold and stone orders, custom ring sizes, custom lettering, custom design elements, custom necklace lengths, sale merchandise, gift cards and e-cards, and items purchased with merchandise credit are not eligible for refund. Earrings will only be refunded if returned unworn, and we reserve the right to refuse refund if they appear to have been worn.

 

 

Returns procedure

 

Items should be returned new, unused, and with all Tomasz Donocik tags still attached.

Returns that are damaged, worn, soiled or altered will not be accepted and may be sent back to the customer.

All bespoke and made to order items including custom gold and stone orders, custom ring sizes, custom lettering, custom design elements, custom necklace lengths, sale merchandise, gift cards and e-cards, and items purchased with merchandise credit are sold once shipped and are therefore ineligible for refund or exchange.

All items purchased with Merchandise Credit are sold once shipped and are therefore ineligible for refund or exchange.

All items returned should have a Return Merchandise Authorization (RMA) number and unidentified returns may be returned to the sender.

You will be liable to any charges incurred when returning the goods to tomaszdonocik.com, unless the return is as a result of an error on our side.

 

 

International policy

 

For all orders shipping outside of the UK the ship-to recipient will be responsible for any taxes or customs duties incurred. Unfortunately, we are unable to mark merchandise as “gift” or “no commercial value”. Please note we are unable to estimate the total amount of taxes or duties that may be due at time of delivery. For questions regarding customs fees we suggest contacting your local government.

 

 

Exchange procedure

 

Tomaszdonocik.com will be happy to exchange for the same item most products that are damaged, faulty or incorrectly shipped through any circumstance that is in our error within 2 months from the date of despatch. Please contact sales@tomaszdonocik.com to discuss your claim.

 

 

Dispute resolution

 

If you have a dispute with tomaszdonocik.com, we’ll always try to sort things out if you contact us.

 

 

Liability

 

We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.

If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on tomaszdonocik.com is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit/debit card.

In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 14 working days of delivery of the goods and return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.

We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc., we cannot be held responsible or liable for any differences in colour between the image and the actual product.

The products sold on tomaszdonocik.com are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from tomaszdonocik.com

We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.

We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:

Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

Any loss of goodwill or reputation; or

Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

Nothing in the terms and conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees

 

 

Copyright

 

All rights, including copyright, in the content of the tomaszdonocik.com web pages are owned or controlled by Tomasz Donocik Jewellery. In accessing tomaszdonocik.com web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the tomaszdonocik.com web pages for any other purpose whatsoever without the prior written permission of Tomasz Donocik Jewellery.

 

 

Third party information

 

We cannot be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Tomasz Donocik Jewellery products are those stated on the Tomasz Donocik Jewellery material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party.

 

 

Waiver

 

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

 

 

Survival

 

Each provision of the terms and conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

 

 

Entire agreement

 

These terms and conditions govern our relationship with you. You confirm that, in agreeing to accept the terms and conditions, you have not relied on any representation except where that representation has been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

 

 

Law

 

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

 

 

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