Všeobecné podmienky
Terms and Conditions
GENERAL PROVISIONS
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The owner and administrator of the online platform providing digital services in the form of IT mechanisms available on the website sklep.bestdiamonds.pl (hereinafter referred to as the "Service") is Best Diamonds Markowski sp.k. based in Białystok, operating at the address: ul. Michała Motoszko 28, 15-111 Białystok, registered in the Register of Entrepreneurs of the National Court Register under the number KRS: 0000963537, NIP: 5423321091, REGON: 380786285 (hereinafter referred to as "Best Diamonds").
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The Service is intended for entrepreneurs purchasing goods directly in connection with their business or professional activity, and only such individuals may register on the Service and place orders. This entrepreneur can be a natural person conducting business activity, a legal entity, or an organizational unit without legal personality but capable of acquiring rights and incurring obligations. The Service is not intended for and does not serve the sale of goods to consumers, defined as individuals entering into a legal transaction with a business that is not directly related to their business or professional activity, as well as individuals entering into an agreement directly related to their business activity, where the nature of the agreement does not have a professional character for the person, based on the specifics of their business activity, as disclosed in the Central Register and Information on Economic Activity.
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An entrepreneur placing an order or merely registering on the Service is referred to in the Terms as the "Client." The provisions of the Terms concerning the Client's obligations also apply accordingly, depending on the context, to all individuals acting on behalf or for the benefit of the Client, regardless of the legal basis for such action, including employees, agents, proxies, and members of the Client's governing bodies.
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The Client may also be an entity with a registered office/place of business/place of residence in another EU country or a third country outside the EU, provided that regardless of the laws of that country, Polish law shall exclusively govern all obligations between the Parties, including those arising from orders placed, and the court with jurisdiction over any disputes between the Parties shall be the court of competent jurisdiction according to the address of Best Diamonds' registered office as indicated in these Terms. Polish law and the aforementioned court's jurisdiction also apply to all obligations between the Parties, including those arising from orders placed, for other Clients with a registered office/place of business/place of residence in the Republic of Poland.
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"Goods" or "Products" within the meaning of these Terms refer to any products—items that the Client can purchase from Best Diamonds, which may occur particularly through the tools provided within the Service, as well as by placing an order via email sent to [email protected], by phone, or in person at the Company's headquarters.
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A prerequisite for successfully placing an order by the Client is prior account registration on the Service by: (I) completing a form containing the information necessary to process orders; (II) confirming that the individual registering on the Service or placing an order via the Service, phone, email, or in person at Best Diamonds is an entrepreneur who will purchase Goods from Best Diamonds solely in direct connection with their business or professional activity, and accepting the Terms. By accepting the Terms, their content becomes part of the contractual relationship between the Parties, covering both the use of the Service user account and contractual obligations related to any orders placed by the Client.
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By registering an account or placing an order, the Client explicitly declares that they accept the Terms, which apply to all forms of order placement. The Client's acknowledgment and acceptance of the Terms are confirmed electronically by checking the appropriate box on the form. The Client is obligated to provide true and up-to-date information during registration. Best Diamonds reserves the right to verify the accuracy of the provided information and refuse to register the Client's account if any inaccuracies in the provided data are found.
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Registering an account on the Service—Client registration—and providing personal data during registration and in the order form is a contractual requirement and is voluntary, but it is a necessary condition for both registration on the Service—account creation—and order placement. The rules for processing the personal data provided by the Client are specified in point 7 of these Terms.
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The Client may delete their account at any time and without giving a reason by sending a relevant request to Best Diamonds, particularly via email to [email protected] or in writing to the address: ul. Michała Motoszko 28, 15-111 Białystok.
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If Best Diamonds offers a warranty on any Goods, this will be explicitly indicated in the description of the respective Goods or in the Warranty section of the website. Similarly, if a warranty is provided for specific Goods by the manufacturer or another entity, this will be clearly stated in the description of the respective Goods or in the Warranty section of the website. In other cases, Best Diamonds, as well as the manufacturers or other entities, do not provide warranties on the Goods.
PLACING ORDERS
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The Client can purchase Goods from Best Diamonds by: a. Placing an order using the shopping cart on the Service's website, b. Contacting customer service by phone, available on business days from 8:00 AM to 4:00 PM at +48 790 791 211, c. Placing an order by sending an email; orders can be placed 24 hours a day throughout the year. Orders placed after 2:00 PM (via the website, email, or phone) and orders placed on Saturdays, Sundays, and holidays will be processed on the next business day by 10:00 AM.
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A prerequisite for successfully placing an order is the correct completion of the order form by the Client, especially providing a contact phone number and email address to enable quick contact if the order requires additional communication with the Client, or providing this information by phone, email, or in person at Best Diamonds' headquarters.
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If Best Diamonds cannot accept the order or if any Goods are temporarily unavailable, Best Diamonds will inform the Client and agree on further details regarding the order's fulfillment. If it is impossible to contact the Client within 48 hours of receiving the order (including when the Client does not respond to email correspondence), the order will be canceled. This also applies if Best Diamonds determines that it is permanently impossible to fulfill the order.
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The price of the Product displayed on the Service is in Polish zlotys and does not include taxes. The total price, including taxes, of the Product subject to the order (the Client's declaration of intent submitted via the order form and directly aimed at concluding a sales contract; hereinafter referred to as the "Order"), as well as the delivery costs (including transport, delivery, and postal services) and other costs, or if such costs cannot be determined—the obligation to pay them, are provided to the Client on the Service during the ordering process, including at the time the Client expresses their intent to enter into a sales contract (a sales contract for the Product concluded between the Client and Best Diamonds via the Service; hereinafter referred to as the "Sales Contract").
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The cancellation of an order by the Client is only possible with the consent of Best Diamonds.
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Through the website sklep.bestdiamonds.pl, the Client has access to the history of orders they have placed with Best Diamonds. Orders are visible after the Client has received the Goods from their first order placed via the website sklep.bestdiamonds.pl.
PAYMENT METHODS AND TERMS
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Best Diamonds provides the Client with the following payment methods for purchased Goods: a. Cash on delivery, b. Cash payment upon personal collection, c. Electronic payment—bank transfer.
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If the Client chooses electronic payment, they are required to make the payment within 3, 5, 7, or 30 calendar days from the date of the Sales Contract.
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If the Client chooses cash on delivery or cash payment, the payment must be made upon receipt.
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The shipping cost is covered by the Client. The shipping cost is calculated based on the weight and volume of the ordered Goods. For orders below 1500 PLN net, the Client covers the shipping cost, which is 12.20 PLN net. For orders above 1500 PLN net, Best Diamonds covers the shipping cost.
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In case of additional logistical costs (including transport costs and repackaging costs; hereinafter referred to as "Logistics Costs") related to, for example, non-receipt of the Goods, including due to a lack of cash in the case of cash on delivery, lack of a recipient at the time of delivery, etc., these costs are covered by the Client. A VAT document will be issued for these costs.
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The sum of cash transactions completed in a single day cannot exceed 15,000 PLN. Furthermore, payment for Goods cannot exceed 15,000 PLN for a single transaction. If the daily turnover exceeds this amount (gross) or the limit for a single transaction, partial payment by cash and transfer (prepayment) to the bank account is not allowed. All transactions on that day or payment for a transaction exceeding 15,000 PLN must be completed by transferring the funds to the bank account. This amount may change if the applicable regulations change.
INVOICES SENT ELECTRONICALLY
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It is possible to issue and send invoices electronically to the Client under the conditions specified below.
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Invoicing and sending invoices electronically are subject to the requirements of applicable law.
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Invoices sent electronically are stored by Best Diamonds in a manner that ensures the authenticity of the origin, integrity of the content, and legibility of these invoices from the moment of issuance until the expiration of the tax obligation.
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The Client is responsible for downloading, storing downloaded documents, and making them available to the tax authority or tax inspection authority for electronically sent invoices.
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Invoices sent electronically include: invoices, corrective invoices, advance invoices, advance corrective invoices, invoice duplicates, corrective invoice duplicates, advance invoice duplicates, and advance corrective invoice duplicates.
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Documents such as advance reconciliation documents, advance reconciliation correction documents, advance reconciliation document duplicates, and advance reconciliation correction document duplicates are also sent electronically.
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Invoices sent electronically are issued in PDF format.
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Description and conditions of using electronically sent invoices.
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Invoices sent electronically meet the requirements specified in regulations regarding the authenticity of the origin, integrity of the content, and legibility of invoices.
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The condition for starting the issuance and sending of electronic invoices to the Client is: a. The Client's consent to the issuance and sending of electronic invoices. This declaration can be made by the Client by phone, email, in person at Best Diamonds' headquarters, or on the relevant Service page when placing an order. The Client makes the declaration by checking the checkbox to consent to receiving electronic invoices. b. Providing the Client's email address, where notifications of issued electronic invoices will be sent.
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At the Client's request, an email will be sent confirming the receipt of the declaration of consent to using electronic invoices.
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Best Diamonds begins issuing and sending electronic invoices after the Client has submitted the consent declaration.
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The Client's consent to issuing and sending electronic invoices does not exclude Best Diamonds' right to issue and send paper invoices in cases specified by law.
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The sending of electronic invoices involves sending the Client an email with a link to download the invoices, or sending the invoice in PDF format as an email attachment.
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The moment of delivery of electronic invoices to the Client is considered the date the email mentioned in point 4.14, or the PDF invoice, reaches the recipient's server at the email address provided by the Client.
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The Client may change the email address to which Best Diamonds will send notifications of issued electronic invoices by notifying via email at [email protected]. A confirmation of the change of address for electronic invoices will be sent to the newly provided email address. The responsibility for making the change and properly notifying Best Diamonds lies with the Client.
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If the Client does not notify Best Diamonds of a change in their email address, electronic invoices will be considered effectively delivered when sent to the previous email address.
COST, DELIVERY METHODS, AND TERMS OF DELIVERY AND COLLECTION
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Product delivery is available within the territory of the Republic of Poland and beyond.
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Best Diamonds provides the Client with the following delivery or collection methods for the Goods: a. Courier delivery, cash on delivery courier; b. Personal collection available at the address: ul. Michała Motoszko 28, 15-111 Białystok.
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The ordered Goods are delivered to the Client via a shipping company (DPD) unless the Client chooses personal collection of the ordered Goods. The transport service constitutes a separate service from the delivery of the Goods.
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Delivery of the Product to the Client is subject to a fee unless the Sales Contract provides otherwise. The delivery costs of the Product are indicated to the Client during the Order process, including at the time the Client expresses their intent to enter into the Sales Contract.
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Personal collection of the Product by the Client is free of charge.
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The amount of cash collected by the shipping company from a single Client cannot exceed 15,000 PLN in one day. Payment for the Goods above this amount is made by the Client by transferring funds to Best Diamonds' bank account before collecting the Goods.
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The delivery time for the Product to the Client is up to 30 Business Days unless a shorter period is indicated in the description of the respective Product or during the Order process. In the case of Products with different delivery times, the delivery time is the longest indicated period, which cannot exceed 30 Business Days.
RETURN OF GOODS
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The basis and scope of the Seller's liability to the Client if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, particularly in the Civil Code.
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The Seller is obliged to deliver the Client a Product free from defects.
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Best Diamonds does not accept returns from Clients without prior arrangement. A return request should be sent via email to [email protected] or submitted via the website. The Goods must be returned to Best Diamonds within 10 days of the return request's acceptance.
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In case of a Product return, the returned Goods must not show signs of use, must include all elements with which they were delivered (especially the tag and certificate). The Client covers the return shipping cost.
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The Client is required to send a written request for an invoice correction. It should be directed to [email protected]. The request must include the invoice number, model of the returned product, reason for the return, and the bank account number for the refund.
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After a positive verification of the returned Goods, Best Diamonds will issue a corrective invoice within 7 business days. The corrective invoice will be sent via email in response to the email requesting the correction. The Client must confirm the receipt of the correction.
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If the Client does not collect the sent Goods, for which the order was confirmed, they will be charged for the transportation costs of sending and returning the Goods to Best Diamonds.
PRODUCT COMPLAINT
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All complaints regarding products purchased from Best Diamonds must be submitted via email to [email protected], and then sent to the address: Michała Motoszko 28, 15-111 Białystok.
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How to file a product complaint?
- Report the complaint via email to [email protected]. The report should include information about the defect, especially the type and date of the defect's occurrence.
- Pack the complained product along with the documents. Secure the package properly to prevent damage or destruction during transport. The Consumer bears responsibility for the shipment. If you use the carton in which you received the order, remove the old shipping label, and carefully seal the package.
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Complaints can be made by returning the Goods to the address: Best Diamonds | ul. Michała Motoszko 28 | 15-111 Białystok
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Important information:
- Complaints are processed in accordance with the Civil Code. The Seller is liable under the principles defined by law for the defect in the Goods if it is found within 2 years from the purchase date.
- Best Diamonds' liability only covers the failure to perform or improper performance of the contract that is the fault of Best Diamonds. All other circumstances, including incorrect use, wear and tear, or improper maintenance of the Goods (which is subject to Best Diamonds' independent assessment), cannot be grounds for Best Diamonds' liability, including grounds for product complaints. The time and manner of resolving the complaint by Best Diamonds depend on the circumstances and are adjusted to the Client's method of communication.
- If the complaint is accepted, the manufacturer may offer to repair the Goods, replace the Goods with a new, defect-free item, refund the payment, or offer a discount in another form.
- We offer resizing services for our products. The cost of such a service is 50 PLN net + transport service.
PROCESSING OF PERSONAL DATA
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The processing of personal data provided by the Client during registration on the Service, as well as during the use of the Service and the placement and execution of orders, is based on Article 6(1)(b), (c), and (f) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), (OJ L 119/1), hereinafter referred to as "GDPR", for the purposes of concluding and performing the contractual relationship between the Parties and issuing accounting documents, as well as in connection with pursuing claims or defending against claims related to the use of the Service and the performance of contractual relationships between the Parties, and where required by law, based on consent given under Article 6(1)(a) GDPR for the processing of personal data for marketing purposes.
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Based on Article 6(1)(b) GDPR, Best Diamonds processes the Client's personal data in the form of profiling for customer service and marketing purposes. Best Diamonds does not make automated decisions regarding the Client based on profiling, as mentioned in Article 22(1) and (4) GDPR.
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When collecting personal data and other information concerning the Client through forms available within the Service, the purpose of data processing will be indicated on the form through which the data is collected.
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The administrator of the Client's personal data is the Service Administrator, i.e., Best Diamonds sklep.bestdiamonds.pl. Providing the data is a contractual requirement and is voluntary, but necessary for registration on the Service, placing orders, and their execution, as well as for the proper fulfillment of tax obligations. Failure to provide personal data will result in refusal to register on the Service, conclude an agreement, and use the services available through the Service. If the Client provides personal data of a third party, the Client declares and is responsible for ensuring that the person has given their consent to the processing of the data necessary for order fulfillment.
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Best Diamonds commits to maintaining the confidentiality of the Client's personal data, including the personal data of users referred to in point 11.5., for whom the Client is the data controller, and not using this data for purposes other than those specified by Best Diamonds, not disclosing this data to unauthorized persons, and protecting it according to applicable regulations against inappropriate use, disclosure, or access by unauthorized persons.
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Best Diamonds will retain the Client's personal data until the expiration of the limitation period for claims arising from the concluded contract or for the period required by separate regulations concerning tax and accounting obligations, whichever period ends later. After this period, the Client's personal data will be processed by Best Diamonds based on Article 6(1)(f) GDPR, i.e., for purposes arising from the legitimate interests pursued by Best Diamonds, including for marketing campaigns.
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The Client has the right to request from Best Diamonds access to their personal data, rectification, erasure, or restriction of processing, as well as the right to object to the processing (including for marketing purposes, including profiling) and the right to data portability.
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If the processing of personal data by Best Diamonds is based on the consent provided by the Client, as mentioned in Article 6(1)(a) GDPR, the Client has the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
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The Client has the right to lodge a complaint with the supervisory authority, which is the President of the Office for Personal Data Protection.
ENTRUSTING PERSONAL DATA PROCESSING TO THE ADMINISTRATOR
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The Client declares that they are the data controller of the personal data of users using the services provided to the Client by Best Diamonds, as well as the personal data of their employees, collaborators, and contractors provided to Best Diamonds for the purpose of Client registration on the Service, placing orders, and their execution, as well as for the proper performance of tax obligations, and that all personal data was collected in accordance with applicable laws, in particular, that each data subject has given consent to the processing of their personal data where required by law.
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By registering on the Service, placing an order via the Service, and accepting these Terms, the Client entrusts Best Diamonds with the processing of the personal data of their employees, collaborators, and contractors provided to Best Diamonds for the purpose of placing and fulfilling orders and conducting commercial correspondence, in the scope of storing, recording, processing, sharing, and deleting, as well as its functionality in the Client's business operations.
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The entrustment of data processing by the Client to Best Diamonds, as mentioned in point 8.2., is for the duration of the contractual relationship between the Parties or until the expiration of the limitation period for claims arising from the contractual relationship, or for the period required by separate regulations concerning tax and accounting obligations—whichever period ends later.
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The Client's registration on the Service, placing an order via the Service, and acceptance of these Terms constitute documented instructions referred to in Article 28(3)(a) GDPR, and Best Diamonds is a processor within the meaning of Article 4(8) GDPR. Best Diamonds accepts the Client's authorization to process personal data and commits not to process personal data in any other way or for any other purpose than those specified in point 8.2.
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The Client may additionally authorize Best Diamonds as a processor to process personal data for activities other than those specified in point 8.2. by providing Best Diamonds with an additional written or electronic order.
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In the scope specified in point 8.2., Best Diamonds commits to processing the entrusted personal data in accordance with legal provisions and security principles to protect the rights of data subjects. Best Diamonds commits to taking all measures required under Article 32 GDPR, i.e., considering the state of the art, implementation costs, nature, scope, context, and purposes of processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons. Best Diamonds will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. In particular, Best Diamonds should protect personal data against unauthorized access, loss, damage, or destruction.
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Best Diamonds ensures that the entrusted personal data will only be made available to individuals authorized to process personal data, who will be obliged to maintain confidentiality in this regard.
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Where applicable, Best Diamonds, considering the nature of the processing and the information available to them, commits to assisting the Client through appropriate technical and organizational measures and providing the necessary information to enable the Client to properly fulfill their obligations under the law, particularly those specified in Chapter III and Articles 32-36 GDPR.
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Best Diamonds commits to providing the Client with, upon request, all necessary information to demonstrate compliance with legal obligations for the lawful processing of personal data and to enable the Client or an auditor authorized by the Client to conduct audits, including inspections, and to contribute to them. In connection with this obligation, Best Diamonds will promptly inform the Client if, in their opinion, an instruction violates GDPR or other data protection provisions.
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The Client may conduct inspections of the processing activities carried out by Best Diamonds under this agreement and GDPR. The Client is obliged to inform Best Diamonds at least 21 days before the inspection, if it is to be performed by a third party. The inspection should be conducted during the working hours in force at Best Diamonds' headquarters or another location designated by Best Diamonds and should not unduly disrupt the Processor's normal business operations. The inspection referred to in this point should be conducted in such a way as to protect the personal data or confidential information of Best Diamonds and third parties, in particular other entities entrusting Best Diamonds with the processing of personal data.
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Best Diamonds is liable to the Client for damages caused by processing the entrusted personal data of the Client and users referred to in point 11.5. of the Terms, in connection with the performance of processing under this authorization for processing granted under point 8.4., only in cases where Best Diamonds has failed to fulfill its obligations imposed directly on it as a processor by GDPR or when it acted contrary to the lawful instructions of the Client, up to an amount of 1,000.00 PLN or its equivalent in another currency.
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The Client declares that they are authorized to entrust the processing of personal data to Best Diamonds and that this entrustment does not violate legal provisions or the rights of third parties.
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Best Diamonds owns or is licensed to use all elements of the IT system necessary for processing the personal data entrusted to them by the Client.
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Best Diamonds reserves the right to withdraw specific Goods from sale.
FINAL PROVISIONS
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The prices of Goods for sale are expressed in the currency chosen by the Client from the list of available currencies (PLN, USD, EUR). The appropriate net price is provided for the presented products. When reviewing the order (cart), the appropriate VAT is shown.
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The cooperation rules specified in these Terms apply to both Clients within the territory of the Republic of Poland and outside its borders. Changes and deviations from the rules specified in these Terms are allowed within the framework of individual written agreements known as contracts.
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For Clients outside the territory of the Republic of Poland, the price list is expressed in PLN, EUR, and USD. The price list and price thresholds are sent by email after prior expression of demand sent by email to [email protected].
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The sale of Goods takes place in full packaging (all prices are Premium prices specified in the price list for the purchase of Goods in full bulk packaging). In the case of purchasing a batch of Goods in incomplete packaging on the Service, the price is increased by repackaging costs (detailed information in this regard is provided for each Good on the Best Diamonds website). Repacking for orders below the amount of 150 PLN net or 100 USD or 100 EUR also includes costs related to preparing the package for delivery/shipping. The repacking price for such orders is no less than 9.60 PLN net or 3 USD or 2.5 EUR depending on the order currency.
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Best Diamonds reserves the right to individually shape the pricing policy, regardless of the price list.
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For orders of Products that are not available in stock on the day of the order—referred to as pending orders—the prices in effect at the time of order fulfillment apply.
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Placing an order constitutes the Client's offer to conclude a purchase agreement for the Goods covered by the order—purchase; the sale is covered by VAT documents. If the order is canceled, the purchase agreement for the Goods is not concluded. Orders placed on the same day are treated collectively, although they may be fulfilled on different sales documents and sent to the Client at different times during the same day.
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Product photos posted on the website may slightly differ in appearance and color from the original.
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In the case of selling Goods at promotional prices or on promotional terms, Best Diamonds may introduce promotional rules deviating from some provisions of these Terms. Only one promotional system's rules apply to a given range of Goods. Best Diamonds may introduce the possibility for the Client to choose one of the promotional systems for a given range of Goods.
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These Terms are the sole document defining the method and rules for placing orders.
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Best Diamonds reserves the right to make changes to the content of the Terms at any time. Each Client is obliged to familiarize themselves with the content of these Terms, including immediately before placing each order, and is bound by its provisions.
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Best Diamonds is not liable for damages caused by the malfunction of any Service, as well as for damages resulting from the use of the information and data contained therein.
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Best Diamonds is not liable for damages caused by the use of the Goods.
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All information about the Goods provided on the Service website, including the price list, constitutes only an invitation to enter into a contract within the meaning of Article 71 of the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and is not an offer.
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All entities using the Service are obliged not to post unlawful content.
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To use the Service, the following technical requirements must be met: a. Internet access via an internet connection with a minimum bandwidth of 5 MBit/s for downloading information and 0.5 MBit/s for uploading information. b. An operating system that allows the launch of the software mentioned in point 10.17.
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Software: a. For using the main features of the Service: an internet browser: Google Chrome, Mozilla Firefox, Microsoft Edge, Opera, Vivaldi, or another compatible version provided by the publisher, enabling the use of cookies, JavaScript, and SSL. b. For opening text documents published within the Service: Adobe Acrobat Reader or equivalent software enabling viewing of files in PDF format.
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Control via an input device allowing text entry and interaction with Service elements (scrolling, activating).
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Output device enabling image display. Recommended parameters of the output device: a. Resolution: for the desktop Service: 1366x768px, for the mobile Service 360x640px, b. Color reproduction: the ability to display RGB true-color images (minimum 8 bits per color channel—capability to reproduce 16.7M colors).
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It is recommended to have up-to-date antivirus software while using the website.
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Best Diamonds is not responsible for any liabilities related to any user's failure to meet the technical requirements indicated above.
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The agreement for providing digital services and making the Service's digital content available is concluded at the moment any user gains access to a selected website included in the Service, which may occur, among other things, by entering the appropriate web address in the internet browser and accessing the content of the website, or by the user using a redirect to a website included in the Service and accessing the content of the website. The agreement is terminated when the user leaves the Service or when the individual account is closed, if one has been created by the user on the Service, according to the rules of these Terms. If an individual account is created, the agreement lasts for the entire period of account possession. The conclusion and termination of sales agreements with Clients are governed by the rules described in these Terms and the rules arising from generally applicable law.
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All comments regarding the operation of the website should be directed to Best Diamonds and the email address: sklep.bestdiamonds.pl. We will respond to inquiries within 30 days.