terms of use

TERMS OF USE - ONLINE SHOP ICOALYOU

valid from 28. 03. 2015

§ 1. GENERAL TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS LEGALLY REGULATE THE ACTIVITIES ON ICOALYOU WEB SERVICE – WWW.ICOALYOU.COM THAT IS OWNED AND OPERATED BY JAYKAY KATARZYNA DEPA RESIDING IN KATOWICE (40-422), UL. ŚWIĘTEJ ANNY 19/5A , NIP 5170339987, REGON 360202414.

THE CONTENTS OF ICOALYOU WEBSITE – ITS LAYOUT, GRAPHICS, LOGO, PHOTOGRAPHS, AND PRODUCTS PRESENTED ARE THE PROPERTY OF ICOALYOU KATARZYNA DEPA AND REMAIN UNDER LEGAL PROTECTION ACCORDING TO THE COPYRIGHT AND RELATED RIGHTS OF 4 FEBRUARY 1994 (JOURNAL OF LAW 2000, NO. 80, POSITION 904 WITH AMENDMENTS).

ALL TRADEMARKS, ESPECIALLY THE NAME AND LOGO, ARE TRADEMARKS OWNED BY ICOALYOU KATARZYNA DEPA.

NONE OF THE SUBSTANTIAL OF GRAPHIC CONTENTS (ARTICLES, TEXTS, PHOTOGRAPHS, GRAPHICS) CAN BE DISTRIBUTED IN PRINT, IN ELECTRONIC FORM, OR ON THE INTERNET WITHOUT PRIOR CONSENT OF THE OWNER OF ICOALYOU.

IN ORDER TO USE ICOALYOU, ESPECIALLY TO PLACE AN ORDER AND MAKE USE OF INTERACTIVE PROPERTIES OF THE SERVICE, ONE MUST ACCEPT AND OBEY THESE TERMS AND CONDITIONS WITH DUE DILIGENCE.

A REGISTERED USER ACCEPTS THE TERMS AND CONDITIONS BY REGISTERING IN THE SERVICE WWW.ICOALYOU.COM.

AN UNREGISTERED USER WHO WANTS TO PLACE AN ORDER ACCEPTS THESE TERMS AND CONDITIONS BY TICKING THE BOX “I ACCEPT TERMS AND CONDITIONS” EVERY TIME HE OR SHE PLACES AN ORDER.

 

§ 2. DEFINITIONS

ESTORE – INTERNET STORE THAT BELONGS TO JAYKAY KATARZYNA DEPA WHICH IS LOCATED AT WWW.ICOALYOU.COM

PRODUCT – THE ARTISTIC JEWELRY DESIGNED AND MADE BY ICOALYOU, OFFERED FOR SALE IN THE E-STORE ICOALYOU

USER – AN INDIVIDUAL THAT POSSESSES CAPACITY TO PERFORM ACTS OF LAW USING THE SERVICE ICOALYOU,

CLIENT – A USER WHO PLACED AN ORDER IN THE E-STORE ICOALYOU.

SPECIAL ORDER– EACH PRODUCT THAT DOES NOT BELONG TO THE GENERAL OFFER OF ICOALYOU, BUT IT WAS INDIVIDUALLY ORDERED AND AGREED UPON WITH THE CLIENT

§ 3. PRODUCTS

ALL THE JEWELRY PRESENTED ON THE WEB SERVICE WWW.ICOALYOU.COM BELONG TO JAYKAY KATARZYNA DEPA AND SHE DOES NOT ALLOW FOR COPYING OR DUPLICATING. ALL THE DESIGNS OF ICOALYOU ARE PROTECTED UNDER THE COPYRIGHT LAW.

JEWELRY PRODUCTS ARE NEW AND FREE OF FLAWS. EACH ONE IS DESCRIBED IN THE E-STORE AND ITS DIMENSION, MATERIALS, AND RAW MATERIALS ARE PROVIDED. PRIOR TO PLACING AN ORDER, A CLIENT NEEDS TO READ ALL THE DETAILS OF THE PRODUCTS PROVIDED BY ICOALYOU.

A CLIENT WHO PLACES AN ORDER ACCEPTS ALL THE INFORMATION ABOUT THE PRODUCT AND ITS PARTS.

ICOALYOU OFFER IS COMPRISED OF THE FOLLOWING COLLECTIONS:

    ICOALYOU DOTS;

2      ICOALYOU COALOVE;

3      ICOALYOU LUMPS;

 

 

5 ALL THE PRODUCTS ENLISTED IN POINT 4 (A, B, C) ARE MADE INDIVIDUALLY AND MAY DIFFER. IT APPLIES TO THE ELEMENTS COMPRISING ICOALYOU JEWELRY.

6     THE PHOTOGRAPHS OF THE PRODUCTS WERE TAKEN WITH DUE DILIGENCE IN ORDER TO REFLECT THE ACTUAL DETAILS OF THE JEWELRY – WITH A SPECIAL RESPECT TO THE COLOR, SHININESS, AND FORM. THERE IS A CHANCE THAT A PRODUCT MIGHT BE SLIGHTLY DIFFERENT FROM THE ONE PRESENTED ON THE PICTURE (DIFFERENCE IN STRUCTURE AND FORM). COAL, A RAW MATERIAL THAT IS USED TO MAKE ICOALYOU JEWELRY, DUE TO ITS CHARACTERISTICS, DOES NOT ALLOW TO MAKE TWO IDENTICAL PRODUCTS.

 

§ 4. PRICES

ALL THE PRICES ON ICOALYOU ARE GROSS PRICES PRESENTED IN POLISH ZLOTY (PLN) AND THEY INCLUDE VAT.

ALL THE PRICES IN THE ENGLISH VERSION OF THE ICOALYOU SERVICE ARE GROSS PRICES PRESENTED IN EURO (EUR) AND THEY INCLUDE VAT.

ICOALYOU HAS A RIGHT TO CHANCE PRICES IN THE E-STORE, ESPECIALLY TO CONDUCT PROMOTIONAL CAMPAIGNS.

ALL THE PRICES ARE BINDING WHEN PLACING AN ORDER.

§ 5. PLACING AN ORDER

ICOALYOU CONDUCTS SALES THROUGH THE E-STORE THAT CAN BE FOUND AT WWW.ICOALYOU.COM. ICOALYOU DOES NOT CONDUCT SALES IN ITS HEADQUARTERS WHERE THE OFFICE AND WORKSHOP ARE LOCATED.

IN ORDER TO BUY ICOALYOU JEWELRY, ONE HAS TO FILL OUT THE ORDER FORM (AND FILL OUT ALL THE GAPS WITH DUE DILIGENCE) AND INCUR PAYMENT FOR THE PRODUCTS ORDERED.

ORDERS CAN BE PLACED 24 HOURS / 7 DAYS A WEEK, BUT THE TIME OF PROCESSING YOUR ORDER IS COUNTED FROM THE DATE WHEN ICOALYOU BANK ACCOUNT CONFIRMS YOUR PAYMENT - ON THE WORKING DATE FROM 9 AM TO 5 PM (I.E. MONDAY TO FRIDAY, EXCLUDING PUBLIC HOLIDAYS). IF THE BANK ACCOUNT CONFIRMS PAYMENT ON A PUBLIC HOLIDAY, DURING A WEEKEND, OR AFTER 5 PM, THE ORDER IS PROCESSED ON THE NEXT WORKING DAY.

 

§ 6. CHANGING OR CANCELLING ORDER

1.    IN CASE ICOALYOU CANNOT DELIVER THE ORDER THAT WAS PAID FOR, ICOALYOU RESERVES A RIGHT TO REFRAIN FROM DELIVERING THE ORDER (IN CASE THE PRODUCT IS NO LONGER AVAILABLE) AND UNDERTAKES TO IMMEDIATELY INFORM A CLIENT ABOUT THIS SITUATION. WHEN A CLIENT DOES NOT DECLARE A WILLINGNESS TO PURCHASE ANOTHER PRODUCT, ICOALYOU IMMEDIATELY RETURNS THE MONEY TO THE BANK ACCOUNT FROM WHICH THE PAYMENT WAS INCURRED.

 

2.   A CLIENT MIGHT CANCEL ORDER OR INTRODUCE CHANGES ONLY BEFORE OBTAINING AN E-MAIL WITH AN INFORMATION ABOUT SHIPMENT TO THE ADDRESS PROVIDED IN THE ORDER FORM.

 

3.   A CLIENT CAN CANCEL OR CHANGE THE ORDER ONLY BY SENDING AN E-MAIL TO KONTAKT@ICOALYOU.COM

 

4.   A CLIENT CAN CANCEL OR CHANGE THE ORDER THAT WAS PLACED INDIVIDUALLY ONLY BEFORE THE JEWELRY PRODUCTION PROCESS COMMENCES. THE INFORMATION ABOUT THIS TIME WILL BE PROVIDED BY ICOALYOU VIA E-MAIL.

 

§ 7. PAYMENT

 

5.   A CLIENT INCURS PAYMENT FOR THE GOODS ORDERED BY SENDING A MONEY TRANSFER TO ICOALYOU ACCOUNT. THE SUM OF THE TRANSFER HAS TO COVER THE PRICE OF THE PRODUCT AND THE SHIPPING FEES. THE PAYMENT CAN BE INCURRED VIA PAYPAL, CREDIT OR DEBIT CARD, AND DIRECT BANK TRANSFER TO ICOALYOU BANK ACCOUNT. THE FORM OF PAYMENT HAS TO BE ACCEPTED BY BOTH SIDES.

6.   THE ORDER IS SHIPPED WHEN THE PAYMENT IS REGISTERED ON ICOALYOU BANK ACCOUNT. 

 

§ 8. PROCESSING ORDERS

ICOALYOU STARTS PROCESSING ORDERS ONCE THE CLIENT’S PAYMENT IS REGISTERED ON COMPANY’S BANK ACCOUNT.

SPECIAL ORDERS ARE PROCESSED WHEN THE CLIENT INCURS PAYMENT AND BOTH SIDES AGREE ON ALL THE DETAILS OF THE ORDER.

THE TIME NEEDED TO PROCESS ORDERS FROM INTIUM”, „COALOVE” AND „BASED ON CARBON” COLLECTIONS IS 4 WORKING DAYS AND THE FIRST DAY IS UNDERSTOOD AS THE DAY WHEN THE INCURRED PAYMENT IS REGISTERED ON THE COMPANY’S BANK ACCOUNT. IF THE PAYMENT CONFIRMATION IS SENT ON THE PUBLIC HOLIDAY, IN THE WEEKEND, OR AFTER 5 PM ON THE WORKING DAY, THE PROCESSING TIME STARTS ON THE FIRST WORKING DAY.

A SPECIAL ORDER IS PROCESSED NO LONGER THAN 12 WORKING DAYS AND THE TIME IS COUNTED FROM THE MOMENT THE CLIENT ACCEPTS THE DESIGN AND THE PAYMENT IS CONFIRMED ON ICOALYOU BANK ACCOUNT. IF THE PAYMENT CONFIRMATION IS SENT ON THE PUBLIC HOLIDAY, IN THE WEEKEND, OR AFTER 5 PM ON THE WORKING DAY, THE PROCESSING TIME STARTS ON THE FIRST WORKING DAY.

IF A CLIENT PLACES AN ORDER FOR VARIOUS PRODUCTS THAT NEED A DIFFERENT PROCESSING TIME, THE PROCESSING TIME WILL BE DETERMINED AS THE LONGEST PROCESSING TIME OF THE PRODUCTS ORDERED. ALL THE ITEMS WILL BE SENT IN ONE PARCEL. THE SHIPMENT AND DELIVERY TIME DOES NOT COMPRISE PROCESSING TIME.

ON THE DAY THE PAYMENT IS CONFIRMED, ICOALYOU ISSUES AN INVOICE OR RECEIPT, IN ACCORDANCE WITH CLIENT’S INSTRUCTIONS. AN INVOICE OR A RECEIPT CAN BE SHIPPED TO A DIFFERENT ADDRESS THAN THE ADDRESS OF DELIVERY.

A CLIENT IS OBLIGED TO KEEP THE SALE CONFIRMATION (INVOICE OR RECEIPT) FOR AT LEAST 2 YEARS FROM THE DATE OF PURCHASE.

ICOALYOU INFORMS THE CLIENT ABOUT THE SHIPMENT VIA E-MAIL.

THE ESTIMATED DELIVERY FOR A COURIER IS 1 WORKING DAY FROM THE DATE OF SENDING THE SHIPMENT. INTERNATIONAL SHIPPING TIME DEPENDS ON THE DESTINATION.

10          WHEN PROCESSING SPECIAL ORDERS, ICOALYOU HAS A RIGHT TO PROCESS THEM WITH DELAY. THE CLIENT WILL BE INFORMED ABOUT A DELAY VIA E-MAIL.

§ 9. SHIPPMENT

ON THE TERRITORY OF POLAND, ICOALYOU SHIPS ALL THE ORDERS USING COURIER SERVICES IN ORDER TO GUARANTEE SAFETY OF JEWELRY ORDERED.

ICOALYOU SHIPS ORDERS WORLDWIDE.

ICOALYOU ACCEPTS THAT A CLIENT COLLECTS AN ORDER PERSONALLY IN THE COMPANY’S HEADQUARTERS ON THE DATE AGREED BY BOTH SIDES.

ICOALYOU IMMEDIATELY INFORMS A CLIENT ABOUT SHIPMENT VIA E-MAIL.

§ 10. SHIPPING COSTS

CLIENT BEARS ALL THE SHIPPING COSTS FOR NATIONAL AND INTERNATIONAL ORDERS.

THE SHIPPING COST IS PRESENTED IN THE BOOKMARK “SHIPPING CONDITIONS”

§ 11. COLLECTING ORDERS

 

PRODUCTS ORDERED ARE PACKED IN A BUBBLE ENVELOPE OR CARDBOARD BOX FILLED WITH A SPECIAL MATERIAL THAT PROTECTS JEWELRY DURING TRANSPORT. SOMETIMES ORDERS ARE ADDITIONALLY PACKED IN AN ENVELOPE PROVIDED BY THE LOGISTICS COMPANY.

IF THE CONDITION OF THE ORDER RAISES DOUBTS, A CLIENT HAS A RIGHT TO DECLINE ACCEPTING IT. IN THE PRESENCE OF A COURIER, A CLIENT HAS TO WRITE A LOSS OR DAMAGE PROTOCOL AND IMMEDIATELY INFORM ICOALYOU ABOUT THIS SITUATION BY SENDING AN E-MAIL.

FILLING OUT A LOSS OR DAMAGE PROTOCOL COMPRISES A LEGAL BASIS FOR LODGING A COMPLAINT.

IN CASE A CLIENT ACCEPTED AND SIGNED THE DELIVERY CONFIRMATION WITHOUT PRIOR EXAMINATION OF THE ORDER, A CLIENT IS RESPONSIBLE FOR ANY LOSS OR DAMAGE THEREOF.

IF A CLIENT DOES NOT COLLECT SHIPMENT WITHIN 10 WORKING DAYS, THE JEWELRY ORDER IS RETURNED TO ICOALYOU AND ICOALYOU UNDERSTANDS IT AS RETRACTING FROM THE SALES AGREEMENT. WITHIN 10 WORKING DAYS FROM OBTAINING THE RETRACTED ORDER, ICOALYOU RETURNS MONEY PAID FOR THE PRODUCTS RETURNED. THE SHIPPING COSTS ARE NOT RETURNED.

§ 12. REFUND AND EXCHANGE

 

WITHIN 14 DAYS FROM DELIVERING AN ORDER, A CLIENT HAS A RIGHT TO RETURN (AND RETRACT FROM THE CONTRACT) OR EXCHANGE THE PRODUCT.

A CLIENT CAN RETURN OR EXCHANGE THE PRODUCT ORDERED FOR THE PRODUCT OF THE SAME PRICE (OR A HIGHER PRICE IF THE PRICE DIFFERENCE IS INCURRED BY A CLIENT; OR A LOWER PRICE IF A PRICE DIFFERENCE IS INCURRED BY ICOALYOU) AFTER RECEIVING A WRITTEN CONSENT (SENT VIA E-MAIL) FROM ICOALYOU UNDER CONDITION THAT A CLIENT POSSESSES A SALES DOCUMENT OF A PRODUCT RETURNED OR EXCHANGED. A PRODUCT RETURNED NEEDS TO BE FREE OF DAMAGES AND SIGNS OF WEAR. IT NEEDS TO BE CLEAN AND FREE OF ANY FLAWS.

A CLIENT HAS A RIGHT TO RETURN PRODUCTS NO LATER THAN 14 DAYS AFTER HE OR SHE HAS RECEIVED THE SHIPMENT WITHOUT PROVIDING ANY EXPLANATION ON THE BASIS OF ART. 7, PAR. 1 OF THE ACT ON CONSUMER RIGHTS AND RESPONSIBILITY FOR THE DAMAGE INCURRED BY AN UNPROTECTED PRODUCT OF 30 MAY 2014. IN ORDER TO RETRACT FROM THE AGREEMENT, A CLIENT NEEDS TO PRESENT A DECLARATION OF RETRACTING FROM THE CONTRACT AND SEND IT VIA E-MAIL TO KONTAKT@ICOALYOU.COM. A PRODUCT CAN BE RETURNED ONLY IF A CLIENT POSSESSES A SALES DOCUMENT, A PRODUCT IS PACKED IN A MANNER DESCRIBED IN POINT 4, AND IS FREE OF SIGNS OF WEAR, DAMAGE, OR FLAWS.

A CLIENT IS HELD RESPONSIBLE FOR LOWERING THE VALUE OF A PRODUCT RESULTING FROM USING IT IN A DIFFERENT MANNER THAN DETERMINING ITS CHARACTER, CHARACTERISTICS, AND FUNCTIONALITY. IF THE VALUE IS LOWERED, THE REFUND PROVIDED BY ICOALYOU WILL BE REDUCED BY THE VALUE OF A DAMAGE.

 A CONTAINER IN WHICH A RETURNED, EXCHANGED, OR REJECTED ORDER IS SHIPPED NEEDS TO BE ADEQUATELY PROTECTED FOR TRANSPORTATION (STYROFOAM, FILLINGS, PROPER PACKAGING THAT PROTECTS JEWELRY FROM DAMAGES). THE SALES DOCUMENT NEEDS TO BE INCLUDED.

ICOALYOU HAS A RIGHT NOT TO ACCEPT THE SHIPMENT THAT DOES NOT MEET THE REQUIREMENTS OF SAFE PACKAGING DESCRIBED IN § 12 POINT 4 AND, THEREFORE, REJECT TO REFUND THE COSTS OF JEWELRY. 

AN ORDER RETURN, IN ORDER TO BE EFFECTIVE, NEEDS TO BE SENT VIA TRADITIONAL POST OR COURIER SERVICES. A CLIENT IS OBLIGED TO POSSESS A DOCUMENT CONFIRMING SHIPMENT.

AFTER RECEIVING THE RETURNED PRODUCT, ICOALYOU WILL RETURN THE VALUE OF THE ORDER TO THE CLIENT’S BANK ACCOUNT FROM WHICH THE TRANSFER WAS MADE WITHIN 7 WORKING DAYS.

CLIENT BEARS SHIPPING COSTS OF ORDERS RETURNED OR EXCHANGED.

10          POINTS 3 TO 7 OF THIS PARAGRAPH APPLY TO ALL THE GOODS EXCHANGED.

11          IN LINE WITH ARTICLE 10, POINT 3, 4 THE ACT OF LAW OF 20 MAY 2014 ON THE PROTECTION OF CERTAIN CONSUMER RIGHTS AND THE RESPONSIBILITY FOR A DAMAGE CAUSED BY A DANGEROUS PRODUCT (THE JOURNAL OF LAW OF 31 MARCH 2000, NO. 22, POSITION 271), A CLIENT DOES NOT HAVE A RIGHT TO RETRACT FROM AN AGREEMENT IF THE PRODUCT WAS MADE UPON A SPECIAL REQUEST, BEARS ORDERED CHARACTERISTICS, OR WAS ENLARGED OR CONTRACTED UPON REQUEST.

§ 13. COMPLAINT PROCEDURE

ALL COMPLAINTS CONCERNING ICOALYOU PRODUCTS SHOULD BE REPORTED VIA E-MAIL: KONTAKT@ICOALYOU.COM OR IN A WRITTEN FORM TO 40-422 KATOWICE, UL.ŚWIĘTEJ ANNY 19/5A  AND THEY SHOULD INCLUDE: THE SUBJECT REPORTING COMPLAINT – NAME AND SURNAME OR A COMPANY NAME, SUBJECT OF COMPLAINT, ADDRESS, E-MAIL ADDRESS, A DESCRIPTION OF THE CONDITION REPORTED.

ALL COMPLAINTS WILL BE ADDRESSED WITHIN 10 WORKING DAYS FROM RECEIVING THEREOF (IF THE COMPLAINTS INCLUDE ALL THE INFORMATION STATED IN POINT 1). A RESPONSE (IN A WRITTEN FORM OR VIA E-MAIL) WILL BE SENT TO THE ADDRESS PROVIDED IN THE COMPLAINT FORM.

ALL COMPLAINTS CONCERNING SALES AGREEMENT SHOULD BE SETTLED BETWEEN A CLIENT AND A SELLER.

§ 14. PRIVACY POLICY

BY PLACING AN ORDER IN ICOALYOU E-STORE, A CLIENT VOLUNTARILY GIVES CONSENT TO SHARE, PROCESS, AND STORE THE PERSONAL DATA TO ALLOW THE SALES AGREEMENT TO COME TO LIFE AND ALLOW POST-SALE CONTACT. THESE DATA IS NOT SHARED WITH OTHER SUBJECTS AND THEY ARE SUBJECT TO THE PERSONAL DATA PROTECTION ACT OF 29 AUGUST 1997 ( A COHERENT TEXT OF 6 JULY 2002, JOURNAL OF LAW 2002.101.926).

A CLIENT HAS A RIGHT TO ACCESS, CHANGE, OR DELETE HIS OR HER PERSONAL DATA FROM ICOALYOU DATABASE.

A CLIENT CAN AGREE TO SUBSCRIBE TO AN E-NEWSLETTER CONTAINING INFORMATION ABOUT THE OFFER AND EVENTS OF ICOALYOU.

§ 15. RESPONSIBILITY AND COPYRIGHTS

ICOALYOU IS NOT RESPONSIBLE FOR POTENTIAL CLAIMS OF THE THIRD PARTIES RESULTING FROM INFRINGING THEIR RIGHTS, WITH SPECIAL REGARDS TO COPYRIGHTS AND RELATED RIGHTS. A CLIENT IS SOLELY RESPONSIBLE FOR POTENTIAL INFRINGEMENT OF THIRD PARTIES’ RIGHTS.

IN CASE OF DISCLOSURE OF THIRD PARTY COMPLAINS IN REGARDS TO UNLAWFUL INFRINGEMENT OF HIS OR HER RIGHTS BY A CLIENT, HE IS RESPONSIBLE FOR TAKING LEGAL AND VIRTUAL ACTIONS NEEDED TO MAKE UP FOR THE RESULTS OF THE INFRINGEMENT.

§ 16. FINAL PROVISIONS

THE TEXT OF THESE TERMS AND CONDITIONS IS AVAILABLE IN ICOALYOU HEADQUARTERS AND THE WEBSITE: WWW.ICOALYOU.COM.

ICOALYOU HAS A RIGHT TO INTRODUCE CHANGES TO THESE TERMS AND CONDITIONS, YET A REGISTERED CLIENT MUST BE INFORMED ABOUT THEM EVERY TIME THEY OCCUR NO LATER THAN 14 WORKING DAYS BEFORE THEY COME TO LIFE. NEW TERMS AND CONDITIONS COME TO LIFE WHEN THEY ARE PUBLISHED ON THE WEBSITE WWW.ICOALYOU.COM.

 

IN ISSUES NOT GOVERNED BY THESE TERMS AND CONDITIONS, THE COMMON ACTS OF LAW, ESPECIALLY CONSUMER LAW, CIVIL LAW, CODE OF CIVIL PROCEDURE, AND ACT ON SPECIAL TERMS OF CONSUMER SALES WITH AMENDMENTS, CONSUMER PROTECTION ACT AND RESPONSIBILITY FOR A DAMAGE CAUSED BY A DANGEROUS PRODUCT, COPYRIGHT LAW AND RELATED WILL BE APPLICABLE.