§1 Preliminary provisions

  1. Regulations are these Regulations for the provision of electronic services by brilliane.eu, which sets out the conditions for the provision of Electronic Services by PATRYCJA MARCA-MCHITARIAN COMPANY based in Cracow via www.brilliane.eu for the benefit of Customers.
  2. Customer is an entity that enters into a Contract with the Seller for the provision of services, provided that it has full legal capacity, or limited legal capacity in cases regulated by generally applicable law, or is a legal person or organizational unit.
  3. Consumer is a Customer who enters into an Agreement not directly related to his/her business or professional activity.
  4. Vendor this company PATRYCJA MARCH-MCHITARIAN COMPANY, registered in the Central Register of Business Activity and Information under number NIP 6912400666, which is a service provider, administrator and owner of the Store.
  5. Store is an online store operated by the Seller in Polish and English through a website available on the Internet at the following url www.brilliane.eu.  The Store provides Electronic Services, including Sales, to Customers.
  6. Electronic Service is a service provided by the Seller to the Customer, on the basis of an Agreement concluded between the parties through the Store, as part of an organized system of contract conclusion at a distance, without the simultaneous physical presence of the parties.
  7. Basket is a functionality of the Store that allows the Customer to complete orders of Products. Adding a Product to the list of Products included in the order is done by using the “Add to Cart” button, located next to the Product in the Shop’s website area.
  8. Sales is a service provided by the Seller to the Customer for the sale of Products without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the Customer, sent and received by means of electronic processing equipment, including digital compression, and data storage, which is entirely transmitted, received or transmitted via a telecommunications network.
  9. Contract is an agreement for the provision of an Electronic Service by the Seller to the Customer.
  10. Seller’s Contact Data is the Vendor’s data by which the Customer may contact the Vendor, i.e.: PATRYCJA MARCA-MCHITARIAN COMPANY , e-mail address: info@brilliane.eu
  11. Customer Contact Data is the Customer’s data, using which the Seller can contact the Customer, including address, e-mail address.
  12. Customer Account is the panel that manages the Customer’s orders, available in the Store area, subject to Registration and Login.
  13. Registration is the creation of a Customer Account by a Customer, using the Store’s registration form located on its website.
  14. Product is an item presented in the Store area by the Seller for Sale.
  15. Delivery  is the delivery of the Products to the Customer at the destination indicated by the Customer, through a Carrier.
  16. Carrier is an entity, being a carrier, that performs the activities of Product Delivery in cooperation with the Seller.
  17. Business Days are days from Monday to Friday, excluding public holidays.
  18. Newsletter –  Electronic service, which allows all subscribers from cyclical information about the Online Store, in particular about Products, current activities, marketing actions and Promotional Actions, to the e-mail address provided by the User, with his express consent.

§2 General Contractual Conditions

  1. The seller on the basis of Art. 8 paragraph. 1 item 1 of the Law of July 18, 2002. on the provision of electronic services establishes the Regulations, which it makes available at the url of the Store, as follows: www.brilliane.eu
  2. The Seller provides Electronic Services in accordance with the Terms and Conditions.
  3. The information provided on the Store’s website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Contract.
  4. The provision of all Electronic Services is carried out through the Store’s website 24 hours a day and 7 days a week.

§3 Terms of Use and Registration

  1. In order to use the Store, it is necessary for the Customer to have a data communication device with access to the Internet, a correctly configured web browser in the current or previous version: Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, Firefox, Safari, or Opera, as well as an active and correctly configured e-mail account.
  2. Use of the Store is made by familiarizing yourself with its contents.
  3. Customer orders are managed through the Customer Account. Use of the Customer Account is possible after its creation, using the correct login and password. In order to use the Customer Account, you are required to log in using your password.
  4. The creation of a Customer Account is done by voluntary registration, consisting of completing and sending to the Seller a registration form, which is made available in the area of the Store’s website.
  5. Completion of the registration form consists in filling in all mandatory and, if applicable, optional fields of the form, using true, complete and pertaining to the Customer, in particular the Customer’s Contact Information.
  6. Before submitting the registration form, by checking its appropriate box, the Customer should declare that:
    1. expresses willingness to conclude an Agreement for the provision of Electronic Services with the Seller,
    2. consents to the processing of his personal data provided in the registration form, for the purpose of providing Electronic Services by the Seller,
    3. Has familiarized himself with the Regulations and accepts their provisions.
  7. Failure by the Customer to submit the statement indicated in the above paragraph, prevents the creation of a Customer Account and registration.
  8. Submitting a registration form involves sending it to the Seller through the Store, using the appropriate functionality, located in the registration form area.

§4 Provision of free Electronic Services

  1. The Seller provides the following free Electronic Services to Customers:
    1. Providing a contact form,
    2. Provide an order form,
    3. Maintaining a Customer Account.
  2. The contract for the provision of the service of providing a contact form is concluded for a definite period of time at the time of starting to use the contact form and is terminated at the time of its use or abandonment by the Customer. The subject of this Agreement is to provide a contact form located on the Store’s website for the purpose of sending a message to the Seller.
  3. The contract for the provision of the order form service is concluded for a definite period of time at the time of commencement of use of the order form and is terminated at the time of order placement or abandonment by the Customer. The subject of this Agreement is the provision of an order form located on the Store’s website to send an order to the Seller.
  4. The contract for the provision of Customer Account services is concluded for an indefinite period of time at the time of registration of the Customer Account. The subject of this Agreement is the provision of a panel to manage the Customer’s orders.
  5. The contract for the provision of free Electronic Services may be terminated by the Customer or the Seller without giving any reason and at any time, using the functionalities included in the Terms and Conditions or by e-mail sent to the e-mail address included in the Seller’s Contact Details or the Customer’s Contact Details.

§5 Order

  1. Orders for Products can be placed via the Store’s website 7 days a week and 24 hours a day, using the Basket function, delivery of products is limited to the territory of Poland. After completing the order list of Products in the Basket area, the Customer specifies:
    1. the method of Delivery of the Products, by selecting the appropriate Delivery option,
    2. payment method, by selecting the appropriate payment option,
    3. address Delivery,
    4. Optional request for an invoice.
  2. Placement of an order is preceded by receipt by the Customer, through the display in the Cart area, of information on the total price for the order, including taxes and related costs, in particular Delivery and payment costs.
  3. Placing an order can be done by using the “I buy and pay” field in the Shopping Cart and is equivalent to the Customer making an offer to the Seller to conclude a Sales Contract for the Products included in the order.
  4. The seller will immediately inform the customer about the impossibility of processing the order, in case of circumstances causing it. Provision of this information is made by telephone or electronically, using the Customer Contact Information. The information may include the following ways to modify the order:
    1. cancellation in the unfeasible part, resulting in a recalculation of the value of the order,
    2. to divide the Products subject to Delivery into the part whose Delivery is possible and the part whose Delivery will take place at a later date, which does not result in a recalculation of the value of the order,
    3. cancellation of the order in its entirety, resulting in cancellation of the value of the order.
  5. Confirmation of order acceptance is made by the Seller sending an e-mail to the e-mail address indicated in the Customer’s Contact Information. Confirmation of order acceptance is equivalent to the Seller’s acceptance of the offer to conclude a Sales Agreement, made by the Customer.

§6 Sale

  1. The Seller provides the service of selling Products to Customers at a distance, through the Store and e-mail.
  2. The subject matter of the Sales Agreement includes the Seller’s obligation to transfer ownership of the Products to the Customer and to release them, and the Customer’s obligation to take back the Products and pay the price of the Products to the Seller.
  3. The Seller reserves the right to conduct promotional campaigns to reduce the price of a Product until a certain date or to exhaust the stock of Products subject to promotion.
  4. By entering into a Sales Contract, the Seller agrees to provide the Customer with Products without defects.
  5. On the site of the store, the customer purchases finished products, each product has sizes and dimensions the customer is required to read these data in advance.
  6. The Sales Agreement is concluded when the Seller confirms acceptance of the Customer’s order.
  7. The release of the Products shall normally take place within 5 Business Days, and never later than 30 days from the date of the Contract. The lead time for the release of Products is subject to change in the event of a change in the order by the Customer.
  8. Release of the Products is carried out through the Carrier, at the address provided by the Customer.
  9. The release of the Products takes place:
    1. up to 5 working days after receipt of funds to the Seller’s bank account, if the Customer chooses the method of payment by bank transfer to the Seller’s bank account,
    2. at the time of their entrustment to the Carrier, if the Seller had no influence on his choice by the Consumer.
  10. The Seller confirms the release of the Products to the Carrier for Delivery, to the address provided by the Customer during the ordering process, by sending an e-mail to the Customer’s e-mail address.
  11. The danger of accidental loss of or damage to the item passes to the Consumer as soon as it is delivered to the Consumer. The store is not responsible for delays in deliveries and for lost and damaged packages. 
  12. It is the customer’s responsibility to provide a correct shipping address, in case your order is not delivered due to an incorrect shipping address, we will not provide an exchange or refund.
  13. The delivered shipment should be examined by the Customer in the presence of the Carrier. In the event of damage to the shipment, the customer has the right to request a proper protocol.
  14. For international shipments, there may be additional fees and customs charges that are paid by the customer, please contact your local customs office or carrier for more information.
  15. Shipping within Europe is free, other continents shipping costs are about $30 (price may fluctuate with the currency conversion on a given billing day)

§7 Payments

  1. The value of the payment for the Sale is determined on the basis of the price list of the Products, located on the Seller’s website at the time of ordering the Product. The prices given on the Store’s website next to a given Product are the prices given in Polish zloty and do not include the cost of Product delivery and the selected form of payment.
  2. The cost of the transaction and Delivery of the Product shall be borne by the Customer.
  3. The total price of the order, shown in the Cart area before placing the order and after selecting the method of Delivery of the Products and payment, includes the price for the ordered Products, including taxes and all related costs, in particular Delivery and transaction costs. The total order price is binding for the Seller and the Customer. The prices of products on the store’s website are given in zlotys and euros and may differ from the conversion rate on a given billing day.
  4. The store allows the following methods of payment for the provided Sales Services:
    1. By bank transfer to the Store’s bank account,
    2. via Przelewy24
    3. via BLIK
    4. by Visa, MasterCard , Debit Card
  5. The due date for payment of dues paid in cash is at the time of release of the Product, and the due date for payment of dues paid by wire transfer is at the date indicated in the Seller’s order confirmation.
  6. The bill or invoice for the Sale Service shall be attached to the Products to be released or sent by e-mail to the Customer’s e-mail address, depending on the Customer’s will.
  7. The customer agrees to receive invoices in electronic form.
  8. The Seller shall not be obliged to reimburse the additional costs incurred by the Customer for the delivery of the Products, if the Customer has chosen a method of delivery of the Products other than the cheapest ordinary method of delivery offered by the Seller.

§8 Complaints and warranties

  1. Complaints can be submitted in writing to e-mail: info@brilliane.eu
  2. The complaint should include a description of the problem and the Customer’s identification information.
  3. The seller recognizes the complaint within 14 days From the date of notification. In the content of the submitted complaint, it is recommended to provide the Customer’s Contact Information, which will be used to respond to the complaint and conduct correspondence related to it.
  4. If the complaint is about a Product, in order for the Seller to consider the complaint, the Customer should Deliver or send the advertised Product to the Seller’s address.
  5. The Customer is obliged to notify the Seller of the detected defect in the Product within 2 days of its discovery.
  6. The Seller may refuse to satisfy the Customer’s request if bringing the defective Product into conformity with the Contract in the manner chosen by the Customer is impossible or, compared with the other possible way of bringing it into conformity with the Contract, would require excessive costs.
  7. Products with the name “Costume” are not returnable. 

§9 Withdrawal from the Agreement

  1. The consumer may, without giving any reason, withdraw within 14 days from the Agreement for the provision of Electronic Services, including the Sales Agreement, subject to the standards indicated in the content of the instruction on withdrawal from the Agreement, which is attached to the Regulations.
  2. The right of withdrawal from the Electronic Contract does not apply to the Consumer m. in. With respect to the Sales Agreement:
    1. if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the start of the service, that after the performance of the Seller will lose the right to withdraw from the Agreement,
    2. Non-refabricated product, manufactured according to the Consumer’s specifications or serving to meet the Consumer’s individualized needs,
    3. A product that spoils quickly or has a short shelf life,
    4. Product Delivered in a sealed package, which once opened cannot be returned for health or hygiene reasons, if the package was opened after Delivery,
    5. Products that, after Delivery, due to their nature, become inseparable from other things,
    6. sound or visual recordings or computer programs Delivered in a sealed package, if the package was opened after Delivery.
  3. Immediately, but no later than within 14 days from the date on which the Consumer withdrew from the Sales Agreement, he is obliged to return the Product to the Seller or give it to a person authorized by the Seller. To meet the deadline it is sufficient to send back the Product before its expiration. This provision does not apply if the Seller has offered to pick up the Product itself.
  4. The Seller undertakes to pick up the Product at his expense when, due to its nature, the Product cannot be sent back in the usual way by mail, and at the same time the Product was delivered to the Consumer to the place where he resided at the time of the conclusion of the Sales Contract.
  5. The consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
  6. Due to the nature of the products, returns can be made only if the product has not been used, this applies to products that do not have the word “Outfit” in their name. Products containing the word “stró “j are not subject to exchange or return. 

§10 Supplementary provisions

  1. Photos of the Products may slightly differ from the actual appearance, which does not affect their functionality and performance.
  2. All trademarks, graphical elements and pictures placed on the Store’s website for the presentation of Products are subject to the copyright of their owners.
  3. The store’s Internet domain, its logos, name and Terms and Conditions are copyright property and subject to legal protection.
  4. The Customer acknowledges that it is prohibited for the Customer to provide unlawful content.
  5. The Seller undertakes to make reasonable efforts to enable the proper functioning of the Store and to provide assistance in solving technical problems related to its operation.
  6. The Seller undertakes to conduct activities aimed at protecting the data in the Customer’s Account from unauthorized access and use. The customer is responsible for the consequences of disclosing his login or password to third parties.
  7. Vendor’s liability to non-Consumer Customers for provided Electronic Services is limited to the value of the amount due for the service provided.
  8. The seller is not responsible for:
    1. interruptions in the proper functioning of the Store and improper performance of Electronic Services due to force majeure,
    2. interruptions in the proper functioning of the Store and improper performance of Electronic Services to non-consumer customers, caused by technical operations or cause attributable to the entities through which the Store provides Electronic Services,
    3. benefits lost by the Customer who is not a Consumer,
    4. the consequences of the use of access data to the Customer’s Account by third parties, in the event that they came into possession of such data following a violation of the Terms and Conditions by the Customer,
    5. damages caused by the Customer’s violation of the Terms and Conditions.

§11 Final provisions

  1. The seller may collect information for the purpose of storing it locally on the customer’s device using the browser’s memory mechanism using “cookies”.
  2. Personal data of the Store’s users is processed on the basis of the consent of the data subjects or when it is necessary for the performance of the Contract, when the data subject is a party to it, or when it is necessary to take action before the conclusion of the Contract at the request of the data subject.
  3. Personal data is collected for the purpose of providing services by the Store. Persons whose data has been collected by the Store have the right to access the content of their data, to correct it, and to file a written reasoned request to stop its processing, as well as to object to it.
  4. The rules of personal data processing, privacy policy and cookie policy are regulated in a separate document “Privacy Policy and Cookie Policy”, posted in the area of the Store’s website.
  5. By entering into a Contract for the provision of Electronic Services, the Customer voluntarily authorizes the Seller to direct to the Customer’s Contact Data information related to the Contracts and their performance, as well as commercial information in case of separate consent.
  6. The Customer who is not a Consumer is obliged to inform the Seller of changes to the Customer’s Contact Data, otherwise they will be effective for delivery.
  7. The Seller reserves the right to carry out maintenance work on the Store’s data communications system, to remove all Store content for valid reasons, and to discontinue the provision of Services and the posting of advertising content in the Store.
  8. Amendments to the Regulations shall be made by publishing its new content on the Store’s website, with prior notice. Information on changes to the Regulations shall be posted in the Store’s website area no later than 10 days before the effective date.
  9. The Regulations come into force on the date of publication on the Store’s website.

TERMS AND CONDITIONS OF THE ONLINE STORE FOR ONLINE COURSES

§1 General Provisions

  1. These Terms and Conditions define the rules for using the online store offering online courses.
  2. The store offers online courses in the field of sewing and decorating costumes and decorative items.

§2 Course Usage Terms

  1. Purchasing a course grants access to the online course, which is available for a period of 3 months from the date of purchase.
  2. After this period, access to the course expires, and regaining access requires repurchasing the course.
  3. All course content, including video materials, photos, descriptions, and instructions, are protected by copyright and are the property of Patrycja Marzec – Mchitarian Company.
  4. Copying, distributing, sharing, or any form of disseminating the course and its content without the owner’s consent is strictly prohibited.

§3 Purchase and Payments

  1. Purchasing a course is done by placing an order through the store’s website.
  2. Payment can be made using the available online payment methods.
  3. After payment is successfully processed, the buyer will receive an activation link to the course via the provided email address.

§4 Technical Requirements

  1. Access to the course requires an internet connection and a device capable of playing video materials.
  2. The store is not responsible for any difficulties in using the course due to technical issues on the buyer’s side, such as internet problems or lack of appropriate equipment.

§5 Materials and Tools

  1. The courses may present various materials and tools needed to complete the demonstrated projects.
  2. The store informs that the presented materials are for reference only, and the course participant is responsible for purchasing the necessary materials independently.

§6 Copyright Protection and Course Sharing Restrictions

  1. All copyrights to the materials contained in the course belong to Patrycja Marzec – Mchitarian Company.
  2. Copying, recording, sharing, or transferring course content to third parties, regardless of the method of dissemination, is strictly prohibited.
  3. Any attempt to violate these provisions will result in the immediate revocation of course access without a refund and may lead to legal action.

§7 Refunds and Cancellations

The store is not responsible for the non-use of the course during the access period.

Once access to the course has been granted, there is no right to withdraw from the agreement, and the course fee is non-refundable.