Terms and Conditions

artcasse.com

The online store operating under the address www.artcasse.com is managed by ART CASSE PROSTA SPÓŁKA AKCYJNA, with its registered office in Łódź, at Prezydenta Gabriela Narutowicza 40/1, 90-135 Łódź, registered in the National Court Register of Entrepreneurs maintained by the District Court for Łódź Śródmieście in Łódź, 20th Commercial Division of the National Court Register, under the number KRS: 0001018969, NIP: 7252328270, REGON: 5244385410, hereinafter referred to as the “Seller.”

The Seller has designated an electronic contact point for direct communication with the authorities of Member States, the Commission, and the Digital Services Board at: [email protected]. This contact point may also be used by any Customer for direct and prompt communication with the Seller. The Seller can also be contacted in writing at its address: Prezydenta Gabriela Narutowicza 40/1, 90-135 Łódź, or via the contact form available on the website. Communication may be conducted in Polish or English.

§ 1 GENERAL PROVISIONS

The following meaning for words is established:

a. TERMS AND CONDITIONS – these terms and conditions,
b. CLIENT – a natural person, legal person, or organizational unit without legal personality but having legal capacity, who, under the terms specified in these terms and conditions, places an Order in the Online Store,
c. ENTREPRENEUR WITH CONSUMER RIGHTS – a natural person with the status of an entrepreneur, registered in the CEIDG (Central Register and Information on Economic Activity), who places an Order within the scope of their business activity but not in connection with the professional nature of such activity. This status applies exclusively to clients whose delivery address or registered office is in Poland,
d. CONSUMER – a Client who is a natural person using the Online Store for purposes not directly related to their business or professional activity,
e. GOODS, PRODUCT – a movable item presented in the Online Store, which is the subject of the Sales Agreement,
f. SALES AGREEMENT – a sales agreement for Goods within the meaning of the Civil Code, concluded between the Seller and the Client using the Online Store service,
g. ONLINE STORE (STORE) – the online service available at www.artcasse.com through which the Client can place an Order,
h. ORDER – the Client’s declaration of intent clearly specifying the type and quantity of Goods, directly leading to the conclusion of a Sales Agreement.
The Store’s activity involves the sale of products currently available in its assortment and enabling the Client to place Orders for the offered products through the website. The service can be used after the Client registers and logs into the Store or by correctly filling out the Order form without the need to log in. The Store allows free browsing of its assortment on the product pages.
Sales are conducted via the Internet between the party placing the Order as the buyer and the Seller.
Every Client purchasing products offered by the Store is required to familiarize themselves with the content of these Terms and Conditions.

§ 2 TECHNICAL CONDITIONS FOR PLACING ORDERS

Technical requirements necessary to use the Store’s services:

a. Internet connection,
b. Properly configured web browser:
– Samsung Internet version 10 or later with JavaScript and Cookies enabled, or
– Microsoft Edge version 17 or later with ActiveX, JavaScript, and Cookies enabled, or
– Mozilla Firefox version 70 or later with JavaScript and Cookies enabled, or
– Opera version 60 or later with Java, JavaScript, and Cookies enabled, or
– Google Chrome version 70 or later with JavaScript and Cookies enabled, or
– iOS Safari version 12 or later with JavaScript and Cookies enabled,
c. A valid, active, and properly configured email account,
d. A monitor with a resolution of at least 360×640 px for phones, 768×1024 px for tablets, and 1366×768 px for computers,
e. Cookies and JavaScript enabled,
f. A program to read PDF files.
If the Client uses hardware or software that does not meet the technical requirements outlined above, the Store does not guarantee the proper functioning of the service and notes that this may negatively affect the quality and process of placing an Order.
The Store ensures that all reviews of Products offered in the Store come exclusively from Clients who have purchased the Product, to whom Products were donated by the Store at its discretion, and from dedicated brand ambassadors. To this end, the Store restricts access to the product rating and review form only to Clients with an active account in the Store, where the purchase of the relevant Product is registered in the Order history (or in case of Product donations to dedicated review form only available to such persons). Clients who made a purchase without registration also have access to the review form through a special link provided in the email confirming the Order. Additionally, brand ambassadors retain the right and obligation to provide reviews, as described above and in accordance with their agreement with the Seller.
The Seller will make every effort to ensure that the Store and its services operate continuously without interruption. The Seller will strive to resolve any possible Store or service malfunctions as quickly as possible. The Seller is entitled to implement maintenance breaks as necessary.
The Client may subscribe to the Store’s newsletter, which is a periodic mailing of information about the Store’s products and services. To subscribe, the Client enters their email address into the newsletter form on the Store’s website, simultaneously confirming their consent to the processing of personal data for this purpose and to receiving promotional content at the provided email address. The newsletter subscription can be cancelled at any time by submitting a withdrawal statement via the Store’s email: [email protected] or by selecting the unsubscribe link in the email containing the newsletter.

§ 3 CONTENT SAFETY

It is prohibited for Customers to provide content of an unlawful nature or otherwise inconsistent with the Regulations in any form. Such content is considered to be, among other things, content that:

a. are unrelated to the Store’s subject matter — statements should be related to the content appearing within the Store, i.e., issues related to the offered products and their use;
b. concern technical issues related to the functioning of the Store — technical issues should be reported by Clients electronically to the Store’s email address;
c. contain links to other websites or files;
d. serve to conduct unauthorized advertising, promotional, or marketing activities, particularly by posting advertisements, selling, and promoting products, services, projects, or fundraising campaigns;
e. serve to conduct activities prohibited by law, such as attempts at fraud or financial scams directed at other Clients;
f. incite violence against any living beings, including animals, or condone such violence;
g. promote any fascist or other totalitarian state systems;
h. incite hatred or dangerous behavior or condone such actions;
i. defame, insult, or in any way violate the rights of third parties;
j. contain vulgar language or other offensive content;
k. violate the applicable legal order or good customs in any other way.
In the event of a violation of the above guidelines, the Seller reserves the right to moderate and remove such content without notifying the person who posted it. Posting the content specified above in the Store will result in the consequences provided for in these Terms and Conditions, including the potential removal of the account from the Store or the inability to make purchases.
A Client who believes that certain content in the Store is illegal or violates the Terms and Conditions may submit a report to the Store. Such a report must be submitted electronically and should include the specific content in question, arguments for its removal, and identifying information about the person submitting the report. Anonymous reports will not be considered.
Reports will be reviewed within 14 days of receipt. The person submitting the report will receive confirmation of its receipt. The Seller will inform the Client of the decision via email or in writing.
The Seller’s decision may involve removing the content or leaving it in the Store.
Parties may appeal the Seller’s decision within 14 days of receiving the justification for the removal. The decision on the appeal is final.

§ 4 REGISTRATION

Registration in the Store is free and not mandatory.
Registration in the Store occurs based on a correctly completed registration form, where the Client provides the necessary identification details (name, surname), email address, and password; accepts the current Terms and Conditions of the Store, and submits a statement of consent to the processing of personal data to the extent necessary for the proper fulfilment of the Client’s Orders. Account registration can also be completed by selecting the appropriate checkbox during the Order placement process. A confirmation email will be sent to the Client’s email address provided in the registration form. Upon receiving the confirmation email, an agreement regarding account management between the Client and the Store is concluded.
After registering with the Store, logging in is done using the data provided in the registration form or changed based on a subsequent request from the Client.
To delete a Client’s account from the Store (terminate the agreement), an email request for account deletion should be sent to [email protected], including the identifying details of the Client currently registered in the Store. The above does not apply in cases where the Store is in the process of fulfilling an Order placed by the Client. In such cases, the termination of the agreement will take effect upon the completion of the relevant Order.
The Store allows Orders to be placed without the need for registration or logging in. In this case, during the Order placement process, the Client is required to fill out an electronic form by entering the data necessary for identification and to conclude and execute the Sales Agreement (name and surname, email address, phone number – optional, delivery address). The Client must accept the current Terms and Conditions, along with a statement of consent to the processing of personal data for the purpose of the Order.

§ 5 AMBASSADOR PROGRAM

The Store offers the opportunity to join an ambassador program as part of its operation.
Participation in this program involves receiving selected Products from the Store in exchange for providing a review for the Store.
Joining the program is voluntary, free of charge, and based on a separately concluded agreement.
Product reviews obtained through the ambassador program are always clearly marked in comparison to other reviews.
The Ambassador is required to post photos or videos (“Content”) wearing the provided items on Instagram once every 2-4 weeks or as agreed.
Posts must clearly tag @art.casse, and credit should be given to the photographer if applicable.
Content must focus on showcasing Art Cassé products in a positive light. Minor edits such as cropping or color adjustment are allowed, but substantial retouching should be approved by Art Cassé.
Ambassadors receive a referral link, valid for one year, allowing their followers to purchase Art Cassé products at a discount as agreed.
The personal discount code given to ambassadors must not be shared with third parties, and each discounted item requires at least 2 posts in return.
Seller has the right to use the ambassador’s Content (including name and social media handles) on its website, social media platforms, and in advertising for up to one year after the Ambassador’s participation ends, unless otherwise agreed.
The ambassadorship lasts for one year from the date of receipt of the parcel. It can be extended at Seller’s discretion.
The ambassador is prohibited from selling or gifting received items.

§ 6 ORDERING

Information about the available assortment in the Store constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
By placing an Order, the Client submits an offer to conclude a sales agreement for the ordered Products in the Store. The process of ordering a Product begins with confirming the details of the service through the Product Page. The Client is informed about the expected delivery time, product availability, price, payment methods, and delivery options. To deliver the product, the Client is required to provide their address details or verify them if the account was registered previously. Before placing the order (by clicking the “Order and Pay” button), the Client confirms that they have read these Terms and Conditions and consents to the processing of personal data for the purpose of the Order.
The confirmation sent by the Store to the email address provided by the Client constitutes a statement of acceptance of the offer mentioned above. If the Client discontinues using the service and leaves the Store before confirming the Order (clicking “Order and Pay”), the agreement will not be concluded.
A Client purchasing as an entrepreneur must provide their VAT ID number (NIP) when placing the Order; otherwise, it is assumed that the purchase is made as a Consumer.
The evaluation of whether a Client, registered in the CEIDG, has the status of an Entrepreneur with consumer rights is made by the Store on a case-by-case basis, based on any statements provided by the Client during the ordering process.
To place an Order, the Client is required to choose from the available options in the Store: the products to be ordered, the method of delivery, the payment method, and the delivery address. Selection is made by choosing the product and adding it to the cart.
The Client can select an unlimited number of products for the Order, depending on the availability of each product for Orders, and upon proceeding to the Cart, they will receive a summary of the selected Products. If the quantity of Products is limited, the Store will indicate this information on the product page.
In the event of the unavailability of Products covered by the Order in stock, with the Store’s suppliers, or for other reasons, and if the Order cannot be fulfilled, the Store will notify the Client within 14 (fourteen) days from the date of placing the Order. In such cases, the Client has the right to decide whether they agree to fulfil the Order within the period proposed by the Store or to withdraw from the agreement. If part of the Order cannot be fulfilled, the Client will be informed about the status of the Order and can decide how to proceed. The Client may choose between:

a) partial fulfilment – the Client’s choice of this option results in the Order being completed only for the available Products;
b) cancellation of the entire Order (withdrawal).
In the event of withdrawal from the agreement, the Store will refund the amount paid for the price. The notification will be sent to the email address provided by the Client in the Order or registration form. If no decision is made within 7 (seven) days from the notification, the Order will be cancelled for the unavailable Products.

§ 7 PRICE OF PRODUCTS AND FORMS OF PAYMENT

The price indicated for each Product is binding at the time the Client places the Order. Prices of goods displayed on the Store’s website include VAT (if applicable based on the delivery location) and do not include delivery costs. The price may also include an individually applied discount or rebate granted to the Client through an automated process, and this information will be displayed in the Order summary.
The delivery of goods is carried out through the following options offered in the Store:

a) via courier services,
b) via Polish Post (Poczta Polska).
Delivery cost information is provided during the ordering process, prior to the placement of the Order.
Delivery costs will be added to the price of the Products, depending on the ordered goods and the Client’s choice of delivery method during the Order placement.
The Seller provides the following payment methods for Products:

a) Traditional bank transfer
b) Electronic payments and card payments via the Stripe service—payment processing is carried out by Stripe Payments Europe Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland.
The Seller does not offer payment on delivery (“cash on delivery”).
If an Order is placed and a payment option other than cash on delivery is chosen, but the payment is not received within 48 hours, the Order will be cancelled. After 24 hours from the placement of the Order, if payment is not received, the Client will receive a payment reminder to the email address provided.
The delivery of the Order will occur within the timeframe specified in the Order confirmation and previously accepted by the Client, but no later than 30 (thirty) days from the date of conclusion of the contract. The Store will display the expected shipping time of the Order on the product page.
The Seller may announce promotions on Products in the Store. If the Client possesses a discount coupon, they may use it—under the terms of the promotion—by entering the discount code after proceeding to the shopping cart and clicking “Add.” After verifying the discount code, the Store’s system will apply it to the Order, which will be automatically reflected in the Order price or add other discount options depending on the type of discount coupon.
If a package is returned to the Seller due to the Client’s failure to collect the delivery (regardless of the chosen delivery method), the package will be stored at the Seller’s expense and risk for 14 days. In such cases, the Seller will issue a notice to the Client, requesting them to collect the Order and indicating a deadline for collection. After the deadline expires, the Seller reserves the right to withdraw from the contract, dispose of the package at the Client’s expense, and seek reimbursement for return shipping, storage costs, and applicable compensation.

§ 8 COMPLAINTS

The Store is obligated to deliver the Product in accordance with the contract and free from defects, as well as to duly perform the agreed services.
In the event of identifying defects in the delivered goods, the Client may, at their discretion, exercise warranty rights if a warranty has been granted, as well as rights arising from the Seller’s liability for defects (rękojmia). Warranty rights and rights arising from the liability for defects are independent of each other.
The Store is liable for any non-compliance of the goods with the contract that exists at the time of delivery and is revealed within two years from that moment, unless the shelf life of the Product, specified by the Store, its legal predecessors, or persons acting on their behalf, is longer. It is presumed that any non-compliance of the goods with the contract that is revealed within two years from the time of delivery existed at the time of delivery, unless proven otherwise or this presumption cannot be reconciled with the nature of the goods or the character of the non-compliance.
In the case of contracts concluded with Consumers and Entrepreneurs with consumer rights, the Store is liable for defects and/or contractual liability for the provided services. This liability is excluded with respect to Clients of other status.
The Product is compliant with the contract if, in particular, its:
- Features such as description, type, quantity, quality, completeness, and functionality are consistent with the contract;
- Suitability for a particular purpose that the Client needs, of which the Client informed the Store no later than at the time of concluding the contract and which was accepted by the Store;
- Appropriateness and suitability for purposes for which products of this kind are typically used, taking into account applicable laws, technical standards, or good practices;
- Quantity and characteristics, including durability and safety, which are typical for products of this kind and which the Client can reasonably expect, considering the nature of the Product;
- Method of delivery along with packaging, accessories, and instructions that the Client can reasonably expect;
- Quality must correspond to the same quality as the sample or model provided to the Client by the Store prior to the conclusion of the contract and match the description of such sample or model.
The Client is obligated to thoroughly inspect the Goods upon receipt from the carrier. Any defects resulting from the transport of the Goods to the Client must be reported immediately, no later than 7 days from the receipt of the shipment, to enable the Seller to file a complaint with the carrier.
In the event of identifying defects in the delivered product or provided services, the Client may submit a complaint and inform the Store of the observed irregularities and document these irregularities for the purpose of verifying the objections. The complaint can be submitted electronically or in writing to the Store’s address.
The Store commits to consider the complaint within 14 days from the date of its submission and to inform the Client of the resolution and further procedure in writing or via email to the email address provided in the complaint submission or on another durable medium.
In the case of non-compliance of the Product with the contract, the Client may demand its repair or replacement. The Store may replace the goods if the Client requested repair, or repair it if the Client requested replacement, only if ensuring compliance of the goods with the contract in the originally chosen manner by the Client is impossible or would incur excessive costs. If repair and replacement are impossible or would incur excessive costs for the entrepreneur, they may refuse to ensure the goods comply with the contract. In such a case, the Client may submit a statement for a price reduction or withdraw from the contract. In assessing the excessive costs for the Store, all circumstances of the case are taken into account, in particular, the significance of the non-compliance of the Product with the contract, the value of the compliant Product, and the excessive inconvenience to the Client arising from the change in the method of bringing the Product into compliance with the contract.
The Client may submit a statement for a price reduction or withdraw from the contract if the Product is non-compliant with the contract, only when:
- The Store has refused to ensure the Product’s compliance with the contract;
- The Store has not ensured the Product’s compliance with the contract;
- The non-compliance of the Product with the contract still exists, despite the Store’s attempts to ensure compliance;
- The non-compliance of the Product with the contract is so significant that it justifies an immediate price reduction or withdrawal from the contract;
- It is evident from the Store’s statement or circumstances that it will not ensure the Product’s compliance with the contract within a reasonable time or without excessive inconvenience to the Client.
The reduced price must be in proportion to the price resulting from the contract, in which the value of the non-compliant goods remains to the value of the compliant goods. The Store refunds the amounts due as a result of exercising the right to reduce the price without delay, no later than 14 days from the date of receiving the Client’s statement for a price reduction.
The Client cannot withdraw from the contract if the non-compliance of the goods with the contract is insignificant. It is presumed that the non-compliance of the goods with the contract is significant.
The Store is obligated to carry out the repair or replacement within a reasonable time from the moment it was informed by the Client of the non-compliance with the contract, and without excessive inconvenience to the Client, taking into account the nature of the goods and the purpose for which the Client purchased it. The costs of repair or replacement, including in particular the costs of postage, transport, labor, and materials, shall be borne by the Store. The Client is obligated to make the Product subject to repair or replacement available to the Store. The Store collects the goods from the Client at its own expense. The Store does not accept parcels sent on a cash-on-delivery basis. In some cases, it may not be necessary to send the complained Product, and the Store may rely on inspecting photos provided by the Client, which it will inform the Client about after receiving the complaint submission.
The Client is not obligated to pay for ordinary use of the goods that have subsequently been replaced.
In the event of withdrawal from the contract, the Client must promptly return the goods to the Store at its expense. The Store refunds the Client the price without delay, no later than 14 days from the date of receiving the goods or proof of their return, using the same payment method used by the Client, unless the Client explicitly agrees to a different method of return that does not incur any costs for them.
In the event of a dispute between the Store and the Client regarding the legitimacy of refusing to consider the complaint, the Client, being a Consumer, has the right to use out-of-court methods for resolving complaints and pursuing claims. The Client may use mediation or amicable court proceedings by submitting the appropriate form – a request for mediation or a request for consideration of the case before an arbitration court. A list of example institutions with contact details is available at www.uokik.gov.pl. Additionally, at http://ec.europa.eu/consumers/odr, the Consumer has access to dispute resolution through the electronic platform of the European Union (ODR platform). This right does not apply to Entrepreneurs with consumer rights.

§ 7 RIGHT OF WITHDRAWAL

A Client who is a Consumer or an Entrepreneur with consumer rights may withdraw from the contract without stating a reason within 14 days from the date of receiving the shipment. The Client must submit a declaration of withdrawal from the contract and return the Goods to the Store. To submit the declaration of withdrawal, the withdrawal form included in the appendix to the Terms and Conditions may be utilized. The deadline is considered met if the Consumer or Entrepreneur with consumer rights sends the declaration of withdrawal in writing to the Seller’s address or electronically to the email: [email protected], no later than on the last day of the 14-day period. Upon receiving the electronic declaration of withdrawal at the aforementioned email or postal address, the Seller will promptly confirm its receipt by sending information to the email address of the withdrawing Client. A declaration of withdrawal from the contract submitted after the specified deadline will have no legal effect.
The Goods must be returned in an unchanged and complete condition, free from signs of use, unless such change was necessary within the limits of normal management, i.e., the Consumer or Entrepreneur with consumer rights should handle the Goods with consideration for the necessity of a potential later return. They shall be liable for any reduction in the value of the item resulting from use that exceeds what is necessary to ascertain the character, features, and functioning of the item. If the returned Goods are incomplete or show signs of use beyond normal management, the Store reserves the right to refuse to accept the shipment or reduce the refunded amount by the equivalent of the damaged goods, at the Store’s discretion.
The right of the Consumer or Entrepreneur with consumer rights to withdraw from the contract does not apply if the subject of the Order includes:
- An agreement for the provision of services for which the Consumer is obligated to pay a price, if the entrepreneur has fully performed the service with the clear and prior consent of the Consumer, who was informed prior to the commencement of the service that upon performance by the entrepreneur, they would lose the right to withdraw from the contract, and accepted this condition;
- An agreement for goods that are not prefabricated, produced according to the specifications of the Consumer, or intended to meet their individualized needs;
- An agreement for goods delivered in sealed packaging, which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
- An agreement for goods that, by their nature, become inseparably connected with other items after delivery.
The returned Goods must be sent back no later than 14 days from the withdrawal from the contract, along with the declaration of withdrawal, to the Store’s warehouse address: ul. Prezydenta Gabriela Narutowicza 40/1, 90-135 Łódź. The Consumer or Entrepreneur with consumer rights is responsible only for the direct costs of returning the Product to the Store (return shipping costs).
In the event of withdrawal from the contract, all payments made by the Consumer or Entrepreneur with consumer rights, including delivery costs, will be refunded to the Consumer or Entrepreneur with consumer rights without delay, but no later than 14 days from the date the Store receives the declaration of withdrawal from the contract.
Refunds for payments made by credit card or electronic transfer will be made to the bank account from which the payment was made, unless the Client explicitly provides a different instruction for the refund that does not incur additional costs for them (e.g., in the declaration of withdrawal).
The Store may withhold the refund of payments received from the Client until the ordered goods are returned by the Client or until the Client provides proof of their return, depending on which event occurs first.

§ 10 DATA PROTECTION

The provisions concerning the protection of the personal data of Clients by the Seller are included in the Privacy and Cookie Policy available on the Store’s website.

§ 11 FINAL PROVISIONS

An invoice or other accounting document compliant with applicable tax regulations is issued for each Product sold by the Store. The VAT invoice is delivered electronically to the email address provided by the Client or in traditional form along with the delivery of the goods. Acceptance of the Terms and Conditions also constitutes consent to receive invoices in electronic form.
Polish law shall be the governing law. Disputes arising between the Client and the Seller shall be resolved by the court competent for the Seller’s registered office, with the stipulation that, in relation to Consumers, such disputes shall be adjudicated by the court competent according to civil procedure regulations. These Terms and Conditions are subject to Polish law and shall be interpreted accordingly. These Terms and Conditions do not limit any consumer protection rights that the user may have under mandatory provisions in their country of residence.
The Seller reserves the right to amend the Terms and Conditions. The Seller will notify registered Clients of any changes to the Terms and Conditions via email, granting them the right to terminate the agreement within 14 days. Changes to the Terms and Conditions will come into effect 14 days after notification. Orders placed prior to the effective date of changes to these Terms and Conditions will be processed based on the provisions in force on the date the Order was placed.