Effective from: 10 August 2026
§ 1. General provisions
- These Terms and Conditions set out the rules for using the online platform available at amber-abram.pl (the “Platform”), operated by AMBER ABRAM Michał Abramczuk, ul. Nobla 8, 80-172 Gdańsk, entered in the Central Register and Information on Economic Activity, NIP: PL5832926199, REGON: 220867600 (the “Seller”).
- The Platform is closed and intended exclusively for entrepreneurs within the meaning of Article 43¹ of the Polish Civil Code who conduct business in the sale or distribution of jewellery. The Platform is not intended for consumers within the meaning of Article 22¹ of the Polish Civil Code.
- By registering an Account, the Customer declares that it enters into agreements with the Seller directly in connection with its business activity and that those agreements are of a professional nature for the Customer. Consequently, consumer-protection provisions do not apply to the Customer, including Articles 385⁵, 556⁴ and 556⁵ of the Polish Civil Code and provisions of the Act on Consumer Rights concerning entrepreneurs entering into non-professional agreements.
- Access to the product Catalogue and the ability to place Orders are available only after an Account has been created and accepted by the Seller, in accordance with § 4.
- Contact with the Seller:
— general and commercial matters: info@amber-abram.pl, tel. +48 728 377 605
— complaints: reklamacje@amber-abram.pl
§ 2. Definitions
Platform – the website at amber-abram.pl together with its language versions.
Seller – the entity specified in § 1(1).
Customer – an entrepreneur with an accepted Account on the Platform.
Account – an individual Customer profile protected by a username and password.
Verification – the process by which the Seller reviews a registration application and either accepts or rejects it.
Catalogue – a collection of product designs presented on the Platform, available exclusively to logged-in Customers.
Indicative Price – a value presented in the Catalogue, calculated as the product of the price per gram and the indicative weight of a product, for information purposes only.
Order – a request for quotation submitted by the Customer via the Platform, indicating the designs and quantities in which the Customer is initially interested.
Quotation – a document prepared individually by the Seller in response to an Order, specifying the scope of performance, price per gram, estimated value, VAT rate and settlement currency.
Agreement – an agreement for the manufacture and sale of products concluded on the terms set out in § 8.
Business Days – Monday to Friday, excluding public holidays in the Republic of Poland.
§ 3. Technical requirements
- Use of the Platform requires a device with Internet access and an up-to-date web browser that supports cookies and JavaScript.
- The Seller is not liable for difficulties resulting from the configuration of the Customer’s hardware, software or connection.
- The Seller reserves the right to temporarily interrupt the operation of the Platform and, where possible, will give advance notice of such interruptions.
- Sprzedawca świadczy drogą elektroniczną następujące usługi, nieodpłatnie i niezależnie od sprzedaży wyrobów:
- maintenance of an Account — an agreement concluded for an indefinite period when the Seller accepts the Account,
- making the Catalogue available to logged-in Customers,
- receiving Orders and conducting quotation correspondence,
- Newsletter — on the terms set out in § 17,
- contact form.
- The agreement for maintaining an Account terminates when the Account is deleted. The Customer may terminate it at any time, without giving reasons or observing a notice period, by requesting deletion of the Account in accordance with § 5(2). The Seller’s rights are set out in § 5(1). The other services referred to in paragraph 4 are available while the Customer holds an Account; the Newsletter may be terminated separately in accordance with § 17(7).
- The Customer is prohibited from providing unlawful content. In particular, the Customer may not enter third-party data into the Platform without a legal basis, attempt unauthorised access to another Customer’s Account or the Platform’s resources, or download the Catalogue’s contents by automated means.
- The use of electronically supplied services involves particular risks typical of the Internet, including interception of data transmitted over the network, malware, messages impersonating the Seller to obtain login credentials, and unauthorised access to an Account if a password is disclosed. The Seller uses encrypted connections and the safeguards described in the Privacy Policy; use of up-to-date software, a unique password and non-disclosure of login credentials are recommended.
§ 4. Account registration and verification
- Account registration is free and voluntary. An Account created through registration remains inactive until it is accepted by the Seller.
- During registration, the Customer provides: email address, password, contact person’s first and last name, company name, VAT number, country, address, city, postal code and telephone number.
- Acceptance of these Terms and Conditions is a condition of registration. The Seller records the version of the Terms and Conditions accepted by the Customer.
- Acceptance of an Account is based on positive verification of the Customer’s VAT number and the consistency of the registration data provided. The Seller may require additional documents confirming the conduct of business activity.
- Verification is carried out without undue delay, usually within 5 Business Days after the registration form is submitted.
- The decision to accept or reject an application is made by the Seller at its business discretion. The Seller is not obliged to state the reason for refusal. The Customer is informed of the verification outcome at the email address provided.
- Upon acceptance of the Account, the Customer gains access to the Catalogue, including wholesale prices, and may place Orders.
- The Customer must keep login credentials confidential and must not make the Account available to third parties. The Customer shall promptly notify the Seller of any suspected unauthorised access to the Account.
- The Customer must promptly update its registration data if it changes.
§ 5. Suspension and deletion of an Account
- Sprzedawca może zawiesić lub usunąć Konto w przypadku:
- breach of the Terms and Conditions, in particular § 15 and § 16,
- provision of false or outdated data,
- the Customer’s loss of entrepreneur status or deactivation of its VAT number,
- payment arrears owed to the Seller,
- making the Account available to third parties,
- acting to the detriment of the Seller.
- The Customer may request deletion of the Account at any time by contacting the Seller electronically.
- Suspension or deletion of an Account does not affect the validity or performance of Agreements concluded earlier, or the obligation to pay amounts due.
- Obligations arising from § 15 and § 16 remain in force after deletion of the Account.
§ 6. Nature of the offer presented in the Catalogue
- Products presented in the Catalogue are not stock items. Each product is manufactured individually after an Order has been accepted for performance, from .925 sterling silver and Baltic amber.
- Prices presented in the Catalogue are Indicative Prices. They are calculated as the product of the price per gram and the indicative weight of the product; the indicative weight is an estimated value determined on the basis of a sample.
- The actual weight of a product is known only after it has been made. Products are handmade, so the weight of individual pieces differs from the indicative weight.
- The price per gram is determined individually for each Quotation, based on the current price of silver and Baltic amber. Trade in Baltic amber takes place outside an exchange market, and raw-material prices and availability are subject to changes beyond the Seller’s control.
- Indicative Prices, indicative weights, cart-summary values, discount information and dates presented on the Platform are not binding on the Seller. They do not constitute an offer within the meaning of Article 66 of the Polish Civil Code, but an invitation to enter into an agreement within the meaning of Article 71 of the Polish Civil Code. Only the terms specified in a Quotation accepted by the Customer are binding.
- Selecting the product gold-plating option entails a fixed surcharge added to the price per gram.
- Information about a discount resulting from exceeding a weight threshold is presented in the cart and is indicative. The final discount amount results from the Quotation.
- All prices on the Platform are net prices, excluding VAT and delivery costs.
§ 7. Placing Orders
- Only logged-in Customers with an accepted Account may place Orders.
- An Order is placed by adding selected items to the cart and using the “Request a quotation” button, after accepting these Terms and Conditions.
- An Order constitutes a request for quotation. An Order is not an offer within the meaning of Article 66 of the Polish Civil Code, does not result in the conclusion of an Agreement and does not oblige either party to conclude one.
- The suggested minimum total indicative weight of an Order is 200 grams. The Platform does not technically block Orders of lower weight; the Seller may refuse to perform them.
- Each Order is considered individually. The ability to perform it depends in particular on the availability of amber raw material, whose supply is variable and unpredictable.
- The Seller may accept an Order for performance in full or in part, or refuse to perform it, without giving a reason. Individual Order items may not be included in the Quotation. The Seller identifies in the Quotation items not accepted for performance or accepted in a reduced quantity.
- The Seller confirms receipt of an Order electronically. Confirmation of receipt does not mean that the Order has been accepted for performance or that an Agreement has been concluded.
§ 8. Quotation and conclusion of the Agreement
- In response to an Order, the Seller prepares a Quotation and sends it to the Customer’s email address within 7 days of receiving the Order. In justified cases, especially for Orders involving raw materials of limited availability, this period may be extended; the Seller shall inform the Customer accordingly.
- The Quotation specifies at least: items accepted for performance together with quantities, price per gram, estimated Order value, settlement currency, VAT rate, and the terms and estimated cost of delivery.
- The Quotation remains valid for 3 days from the date it is sent.
- The Customer accepts the Quotation by a statement sent by email. Failure to accept within the period specified in paragraph 3 results in the Quotation expiring.
- Until the Quotation is accepted, the Customer may withdraw from the Order without incurring any costs.
- After receiving acceptance of the Quotation, the Seller issues a pro forma invoice for 30% of the estimated Order value, payable within 7 days.
- The Agreement is concluded when the Seller’s bank account is credited with the amount due under the pro forma invoice. The amount paid constitutes a deposit within the meaning of Article 394 of the Polish Civil Code, credited against the price.
- Skutki wręczenia zadatku są następujące:
- if the Customer fails to perform the Agreement, the Seller may withdraw from it without setting an additional deadline and retain the deposit received,
- if the Seller fails to perform the Agreement, the Customer may withdraw from it and demand return of the deposit in double amount,
- if the Agreement is terminated by mutual consent, or non-performance results from circumstances for which neither party is liable or for which both parties are liable, the deposit shall be returned and the obligation to pay double the amount ceases; settlement where performance of an Order is impossible is governed by § 9(8) and (9).
- If the pro forma invoice is not paid on time, the Seller may cancel the Order. Since the Agreement is not concluded until the pro forma invoice is paid, cancellation does not constitute withdrawal from the Agreement. Cancellation is not automatic and requires a declaration by the Seller.
§ 9. Performance of the Order
- The performance period is 2 to 6 weeks from the date of payment of the pro forma invoice. The Seller endeavours to fulfil the Order as soon as possible; the stated periods include an allowance for circumstances beyond the Seller’s control.
- The actual weight of individual products is determined after production is completed, by weighing the finished products.
- A deviation of the actual product weight from the indicative weight by up to 10% above or below is a normal characteristic of handmade products, does not constitute a defect and does not entitle the Customer to any claims.
- As the price is set per gram, a change in the actual weight of the products proportionately affects the value of the Order, both upwards and downwards. The Customer acknowledges and accepts this.
- The Customer has no right to withdraw from the Agreement, refuse to accept the products or refuse payment because of a difference between the Indicative Price, the estimated value stated in the Quotation and the value shown on the final invoice, including where that difference exceeds 10%.
- If, during performance, it becomes apparent that part of the Order cannot be performed for reasons beyond the Seller’s control, in particular because amber raw material is unavailable, the Seller shall promptly inform the Customer and propose reducing the scope of the Order or replacing the unavailable items with other products.
- The parties shall agree the change within 7 days of the proposal being sent. If no agreement is reached, the Agreement is terminated as regards items whose performance is impossible, and the remaining part of the Order is performed unchanged.
- The deposit is credited against the price of the Order within its amended scope. Any excess of the deposit over that price, increased by delivery costs, shall be refunded within 14 days of agreeing the change or, at the Customer’s request, credited against the next Order.
- If performance of the entire Order proves impossible, the Agreement is terminated and the deposit shall be refunded within 14 days, less documented costs of raw materials purchased by the Seller solely for that Order. The Seller shall provide the Customer with a statement of the deducted costs.
§ 10. Prices, currencies and VAT
- All prices are net prices.
- Settlements with entities established in the Republic of Poland are made in PLN, and with foreign entities in EUR.
- Currency conversions are made at the average exchange rate of the National Bank of Poland on the day preceding the date of issue of the relevant document.
- A VAT rate of 23% applies to products supplied in the Republic of Poland, including collection in person.
- The 0% rate for an intra-Community supply of goods applies only if the Customer’s EU VAT number is active both on the date of issue of the pro forma invoice and on the date of issue of the final invoice, and all other requirements of tax law are met. Otherwise, the transaction is subject to 23% VAT.
- Subsequent activation of an EU VAT number does not provide grounds for correcting invoices already issued.
- If the Customer collects the products in person and exports them outside the Republic of Poland, application of the 0% rate is possible only after the Customer signs the documents required by tax law.
- Taxation rules for deliveries made outside the European Union are agreed individually in accordance with applicable law and specified in the Quotation and on the invoice.
- The Seller handles export customs clearance. Customs duties, import taxes and all import charges in the country of destination are borne by the Customer and are not included in the price or delivery costs.
§ 11. Payments
- Rozliczenie Zamówienia przebiega dwuetapowo:
- pro forma invoice for 30% of the estimated Order value, payable within 7 days,
- final invoice, covering the value of the products determined on the basis of their actual weight, increased by delivery costs and reduced by the deposit paid, payable within 7 days.
- The products are released after the full amount due under the final invoice has been paid.
- If the final invoice is not paid on time, the Seller may withdraw from the Agreement and retain the deposit, in accordance with § 8(8)(a). Withdrawal is not automatic and requires a declaration from the Seller to the Customer. The Seller retains the right to dispose freely of the products made.
- Payments are made by bank transfer to the account stated on the invoice. The Platform does not support electronic payments — settlements are conducted outside the Platform system.
- International transfers are made through the SEPA system using the SHA cost-sharing option — each party bears the costs charged by its own bank.
- Invoices are issued and delivered electronically to the email address provided by the Customer. The Customer consents to receiving invoices in this form.
- In the event of delayed payment, the Seller is entitled to charge statutory interest for delay in commercial transactions and to seek compensation for debt-recovery costs in the amount provided by the Act on Counteracting Excessive Delays in Commercial Transactions (the equivalent of EUR 40, 70 or 100, depending on the value of the consideration). The Seller exercises these rights after 30 days from the due date.
- In the event of payment arrears, the Seller may suspend performance of the Customer’s remaining Orders until the obligations are settled.
- The Customer has no right to set off claims against the Seller without the Seller’s prior written consent.
§ 12. Delivery and transfer of risk
- Products are released by courier shipment or personal collection at the Seller’s registered office in Gdańsk.
- The Platform does not contain a shipping module. The method and cost of delivery are agreed individually and stated in the Quotation and final invoice.
- Ryzyko przypadkowej utraty lub uszkodzenia wyrobów przechodzi na Klienta:
- when the products are handed over to the carrier — in the case of shipment, in accordance with Article 544 of the Polish Civil Code,
- when the products are handed over at the Seller’s registered office — in the case of personal collection.
- The shipment may be insured at the Customer’s request and expense. The scope and limits of cover result from the terms of the carrier carrying out the delivery.
- The Customer must check the condition of the shipment upon receipt. If the shipment is damaged or shows signs of tampering, the Customer must prepare a damage report with the courier. Failure to prepare a report excludes the possibility of pursuing claims related to damage to the shipment.
- The Seller is not liable for delays attributable to the carrier or for consequences of events occurring after risk has passed to the Customer.
§ 13. Complaints. Exclusion of statutory warranty
- Pursuant to Article 558 § 1 of the Polish Civil Code, the parties completely exclude the Seller’s liability under the statutory warranty for defects in goods sold.
- The Seller does not provide a guarantee for the products.
- Sprzedawca nie odpowiada w szczególności za:
- mechanical damage arising after the products are released,
- damage resulting from use, storage, cleaning, alteration or further processing of the products,
- damage arising at the Customer’s contractors or customers,
- natural characteristics of Baltic amber, including differences in colour, clarity, pattern and natural inclusions,
- differences in shade and finish resulting from the handmade nature of production.
- The Customer may submit notices concerning manufacturing defects to reklamacje@amber-abram.pl within 7 days of receiving the shipment, stating the Order number, description of the irregularity and photographic documentation. Notices sent after this deadline will not be considered.
- The Seller responds to a notice within 14 Business Days of receiving it.
- As part of good commercial cooperation, the Seller may repair a product after an individual assessment. This is voluntary; the Seller is not obliged to make a repair, and doing so in one case creates no obligation for the future.
- The Seller verifies the completeness and conformity of the shipment’s contents before dispatch, and its contents correspond to the weight statement enclosed with the shipment. The Customer shall report quantity shortages within 3 Business Days of receipt, attaching photographic documentation of the unopened packaging and its contents taken during unpacking. The Seller’s weight statement creates a rebuttable presumption of conformity.
- The Seller does not accept returns of products. Products are manufactured individually on the basis of the Customer’s Order.
- Complaints concerning services provided electronically, referred to in § 3(4) — in particular operation of the Account, access to the Catalogue, placing Orders, the Newsletter and the contact form — may be submitted by the Customer to reklamacje@amber-abram.pl, stating the Account login and a description of the irregularity together with the date it occurred. These complaints are not subject to the deadline referred to in paragraph 4.
- The Seller considers the complaint referred to in paragraph 9 within 14 days of receiving it and informs the Customer of the outcome at the email address assigned to the Account.
§ 14. Liability
- The Seller’s liability for non-performance or improper performance of the Agreement is limited to the net value of the Order to which the claim relates.
- The Seller is not liable for the Customer’s lost profits, indirect damages, loss of contracts, customers or reputation.
- The limitations of liability set out in paragraphs 1 and 2 do not apply to damage caused intentionally.
- The Seller is not liable for non-performance or delay in performing the Agreement for reasons beyond its control, including unavailability of raw materials, supply interruptions, force majeure events, decisions of public authorities and transport disruptions.
§ 15. Confidentiality. Contractual penalty
- Prices per gram, Indicative Prices, price lists, discount terms, the content of Quotations and individual commercial terms agreed with the Seller constitute the Seller’s trade secret within the meaning of the Act on Combating Unfair Competition.
- Klient zobowiązuje się do zachowania informacji, o których mowa w ust. 1, w ścisłej poufności. Klient nie może w szczególności:
- disclose them to third parties in any form,
- publish them, including on the Internet and social media,
- use them for a purpose other than conducting commercial cooperation with the Seller,
- make access to the Account available to third parties in a way that enables them to become acquainted with this information.
- W razie naruszenia zobowiązania określonego w ust. 2 Klient zapłaci Sprzedawcy karę umowną w wysokości:
- PLN 10,000 (ten thousand Polish zloty) — for a one-off disclosure of confidential information to an identified entity,
- PLN 50,000 (fifty thousand Polish zloty) — for disclosure of confidential information to an entity conducting business competitive to the Seller or for its publication, including on the Internet and social media.
- The total contractual penalties stipulated in this section shall not exceed PLN 200,000 (two hundred thousand Polish zloty).
- The Seller retains the right to seek damages exceeding the amount of the stipulated contractual penalty under general rules.
- If the obligation referred to in paragraph 2 is breached, the Seller may immediately suspend or delete the Customer’s Account without prior notice.
- The obligation of confidentiality binds the Customer while holding an Account and for 3 years after its deletion.
§ 16. Intellectual property rights
- Product photographs, descriptions, designs, PDF catalogues, markings, logos and other materials made available on the Platform are the Seller’s exclusive property and are legally protected.
- The Customer has no right to use the Seller’s photographs or other materials for any purpose, in particular for presenting, advertising or selling products in its own shops, websites, commercial materials or social media.
- Access to the Catalogue does not grant a licence or consent to use the Seller’s materials in any respect.
- Product designs are the Seller’s copyrighted works. Copying, reproducing or commissioning their manufacture from third parties is prohibited.
§ 17. Email newsletter
- Newsletter subscription is available only to Customers with an accepted Account.
- Newsletter subscription is voluntary and independent of the conclusion and performance of the Agreement. Neither not subscribing nor later unsubscribing affects access to the Platform, commercial terms or performance of Orders.
- Subscription requires providing an email address and checking consent to receive commercial information electronically. The address is added to the list immediately upon submission of the form, without additional confirmation (single opt-in mode).
- The Customer must provide its own email address or an address which it is authorised to use. Subscribing another person’s address without that person’s consent is prohibited.
- When subscribing, the Seller records the content of the consent, the date it was given and the IP address, solely to demonstrate that consent was given.
- The Newsletter includes information about new designs, changes in the offer, trade-fair events and commercial and marketing content. The Seller does not undertake to send it at a specified frequency.
- The Customer may unsubscribe from the Newsletter at any time by using the link in every message, the Account settings or by contacting the Seller. Unsubscription takes effect immediately, requires no reason and is as easy as subscribing.
- After unsubscription, the Seller retains the email address together with evidence of consent for 3 years, solely to demonstrate that consent was given and effectively withdrawn. The address is not used for sending during this time.
- The Privacy Policy sets out rules for processing personal data in connection with the Newsletter.
§ 18. Personal data
- The controller of personal data processed in connection with use of the Platform is AMBER ABRAM Michał Abramczuk, ul. Nobla 8, 80-172 Gdańsk.
- Detailed rules for personal-data processing are set out in the Privacy Policy.
- Providing personal data is voluntary but necessary to register an Account, conduct verification and perform Orders.
§ 19. Amendments to the Terms and Conditions
- The Seller may amend the Terms and Conditions for important reasons, in particular changes in law, changes in the scope or method of service provision, changes to Platform functionality, security considerations or changes in terms of cooperation with carriers.
- Customers are informed of an amendment to the Terms and Conditions electronically at least 14 days before the amendment enters into force.
- Use of the Platform after amendments enter into force means acceptance of them. A Customer who does not accept the amendments may request deletion of the Account.
- Agreements concluded before amendments enter into force are governed by the Terms and Conditions in force on the date the Agreement was concluded.
§ 20. Final provisions
- The Terms and Conditions and Agreements concluded on their basis are governed by Polish law.
- The application of the United Nations Convention on Contracts for the International Sale of Goods, done at Vienna on 11 April 1980, is excluded.
- The court having jurisdiction to resolve disputes is the common court with local jurisdiction over the Seller’s registered office.
- The Polish-language version of the Terms and Conditions is binding. Versions in other languages are for assistance only; in the event of discrepancies, the Polish version prevails.
- The contractual templates, terms and conditions or general conditions used by the Customer do not apply to relations between the parties unless the Seller has accepted them in writing.
- The Customer may not transfer rights or obligations arising from the Agreement to a third party without the Seller’s prior written consent.
- The invalidity or ineffectiveness of any provision of the Terms and Conditions does not affect the validity of the remaining provisions.
- In matters not governed by the Terms and Conditions, Polish law applies, in particular the Polish Civil Code.
- These Terms and Conditions enter into force on 10 August 2026.