TERMS AND CONDITIONS
The online store operating at www.artcasse.com is operated by ART CASSE PROSTA SPÓŁKA
AKCYJNA, based in Łódź, ul. Prezydenta Gabriela Narutowicza 40/1, 90-135 Łódź, entered in the
National Register of Entrepreneurs kept by the District Court for Łódź Śródmieście in Łódź, XX
Economic Department of the National Court Register, under KRS number: 0001018969, NIP:
7252328270, REGON: 5244385410, referred to as the “Seller”.
Contact with the Seller can be obtained:
- using the e-mail address – [email protected],
- using the contact form, located on the website.
§ 1 GENERAL PROVISIONS
- The following meaning for words is established:
a. REGULATIONS – these rules and regulations,
b. CUSTOMER – a natural person, legal person or organizational unit without legal personality but with legal capacity, who, under the terms of these Regulations, makes an Order in the Online Store,
c. ENTREPRENEUR WITH CONSUMER’S PRIVILEGES – a natural person with the status of an
entrepreneur, entered in the CEIDG register, who makes an Order in the framework of his/her business activity, but without relation to the professional nature of this activity. This status applies only to customers with a place of delivery or registered office in Poland.
d. CONSUMER – Customer who is a natural person using the Online Store for the purpose not directly related to his/her business or professional activity,
e. GOOD, PRODUCT – a movable item, presented in the Online Store, to which the Sales Agreement applies,
f. AGREEMENT FOR SALE – a contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer, using the website of the Store,
g. INTERNET STORE (SHOP) – Internet service available at www.artcasse.com, through which the Customer may place an Order,
h. ORDER – the Customer’s declaration of will specifying unambiguously the type and quantity of Goods, aiming directly at the conclusion of the Sales Agreement.
- The object of the Store is to sell products currently in the assortment and to enable the Customer to place Orders for the offered products through the website. The use of this service is possible after registration and logging in of the Customer in the Store or through a properly completed Order form without logging in. The Store allows free browsing of the Store’s product range on the product pages.
- Sales are carried out via the Internet between the Orderer as the buyer and the Store as the Seller.
- Any customer purchasing products offered by the Store is obliged to familiarize himself with the content of these Regulations.
§ 2 TECHNICAL CONDITIONS FOR PLACING ORDERS
- Technical requirements necessary to use the services of the Store:
a) Internet connection,
b) a properly configured browser,
c) a current, active and correctly configured e-mail account,
d) cookies and Java Script enabled,
e) a program to read PDF files.
- In the event that the Customer uses hardware or software that does not meet the technical requirements specified above, the Store does not guarantee the correct functioning of the service and stipulates that this may adversely affect the quality and progress of the Ordering procedure.
- It is prohibited for the Customer to provide content of an unlawful nature, including in the opinions to the Products.
- The Store ensures that all opinions on the Products offered in the Store come only from Customers who have purchased the Product in question. To this end, the Store will restrict access to the form for providing ratings and opinions on the Product only to Customers who have an active customer account within the Store and on which the purchase of a given Product has been registered in the Order history. Access to the rating form is also available to those Customers who have purchased the Product without registration. Such Customers receive a special link within the email with confirmation of the Order that allows access to the feedback and rating form for the given Product.
- The Customer may subscribe to the Store’s newsletter, i.e. a periodic dispatch of information about the Store’s products and services. To subscribe to the newsletter, the Customer enters his/her e-mail address in the newsletter form on the Store’s website, at the same time confirming his/her consent to the processing of his/her personal data for this purpose and directing promotional content to the provided e-mail. The newsletter can be unsubscribed from at any time, and for this purpose the Customer is asked to submit an unsubscribe statement via the Store’s e-mail: [email protected] or
by selecting the unsubscribe link in the e-mail delivered with the newsletter.
§ 3 REGISTRATION
- Registration in the Store is free of charge and optional.
- Registration in the Store takes place on the basis of a properly completed registration form, in which the Customer provides the necessary identification data (name, surname), e-mail address and password; accepted, current Rules of the Store and a statement of consent to the processing of personal data to the extent necessary for the proper implementation of the Customer’s Orders. Account registration can also be done by unchecking the appropriate box in the process of placing an Order. A message confirming the creation of an account will be sent to the Customer’s e-mail address placed in the registration form. Upon receipt of the message confirming registration, a contract for account maintenance between the Customer and the Store is concluded.
- After registration in the Store, logging in takes place using the data provided in the registration form or changed based on a subsequent request by the Customer.
- In order to remove the Customer’s account from the Store (termination of the contract), it is necessary to send an e-mail with a request to remove the account to the e-mail address: [email protected] with the identification data of the Customer currently registered in the Store. The above does not apply to situations in which the Store is in the process of processing an Order placed by the Customer. In such a case, the effect of termination of the contract will occur when the Order in question is processed.
- The Store allows placing Orders without registering and logging in the Store. For this purpose, the Customer, each time in the process of placing an Order, is obliged to complete an electronic form by entering the data required by the Store necessary for its identification and the conclusion and execution of the Sales Contract (name and surname, electronic mail address (e-mail), telephone number – optionally, delivery address). The Customer is obliged to accept the current Terms and Conditions together with a statement of consent to process personal data for the purposes of the Order. Failure to register with the Store means that the Customer does not have a Customer account, which allows access to automatic tracking of the Order.
§ 4 ORDERS
- Information about the available assortment in the Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
- The Customer, by placing an Order, makes an invitation to conclude a contract of sale of the ordered Products in the Store. The process of ordering a Product begins with the confirmation of the features of performance through the Product Page. The Customer is informed about the expected time of execution of the Order, the availability of the product, the price and methods of payment, as well as possible delivery options. In order to deliver the product, the Customer is required to provide his address data or verify it if he has previously registered an account. Before placing an order (by using the “Order and pay” button), the Customer confirms that he/she has familiarized himself/herself with these Terms and Conditions, together with consent to the processing of personal data for the purposes of the Order.
- The confirmation of acceptance of the Order sent by the Store to the e-mail address provided by the Customer shall constitute a statement of acceptance of the invitation referred to above. If, before the confirmation of the Order (the “Order and pay” button), the Customer terminates the use of the service in question and leaves the Store, the contract will not be concluded.
- A Customer purchasing as an entrepreneur, is obliged to provide Tax Identification Number when placing an Order, otherwise it is assumed that he buys as a Consumer.
- Assessment whether the Customer who is an entrepreneur entered in the CEIDG register has the status of an Entrepreneur with consumer rights is made by the Store in relation to the individual case and based on any statements made by the Customer in the course of Ordering Products
- In order to place an Order, the Customer is obliged to select, from among the available in the Store: the ordered products, the method of delivery, the method of payment and indicate the delivery address. The selection is made by: selecting a product and adding it to the shopping cart.
- The Customer may select an unlimited number of products for the Order from among the quantity of a given Product available for Orders, and will receive a summary of the selected Products in the Shopping Cart after proceeding to the Cart. If the quantity of Products is limited, the Store will mark such information on the product page.
- In the case of unavailability of the Products covered by the Order in the warehouse, at the Store’s suppliers or for other reasons and it is not possible to carry out the Customer’s Order, the Store shall notify the Customer of this fact within 14 (fourteen) days at the latest, counting from the date of placing the Order. In this case, the Customer has the right to decide whether he agrees to carry out the Order within the period proposed by the Store or withdraws from the contract. If it is not possible to carry out part of the Order as mentioned above, the Customer is informed about the status of the Order and decides how to carry it out. The Customer can choose between:
a) partial fulfillment – the Customer’s choice of this option results in the fulfillment of the Order concerning only available Products;
b) cancellation of the entire Order (withdrawal).
In the case of withdrawal, the Store will refund the Customer the amount paid for the price. Notification will be sent to the e-mail address indicated by the Customer in the Order or registration form. If no decision is made within 7 (seven) days of the notification, the Order will be cancelled in the part of the Products not available.
§ 5 PRICE OF PRODUCTS AND FORMS OF PAYMENT
- The price listed next to each Product is binding at the time the Customer places an Order. The prices of the Goods displayed on the Store’s website include VAT (if VAT is charged due to the place of delivery of the Goods) and do not include delivery costs. The price may include an individually calculated discount or rebate, assigned to the Customer in an automated manner – this information is provided in the summary of the Order.
- Delivery of goods is carried out in the following options offered in the Store:
a) through a courier company.
b) through the Polish Post.
- Information on delivery costs is available in the ordering process before placing such Order.
- Delivery costs will be included in the prices of the Products depending on the goods ordered and the Customer’s choice of delivery method, when placing the Order.
- The Seller shall make available to the Customer the following methods of payment for the Products:
a) Traditional transfer
b) Electronic payment and payment card payments via Stripe – the payment service is provided by Stripe Payments Europe Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland.
- The Seller does not process payments in the “cash on delivery” option.
- If an Order is made and a payment option other than cash on delivery is selected and the payment for that Order is not credited within fourteen (14) days, the Order shall be cancelled. After three (3) working days from the completion of the Order, if the payment is not credited, the Customer will receive an e-mail reminder to make the payment.
- The release of the Order will take place at the time specified in the confirmation of the Order and accepted in advance by the Customer, but no later than within 30 (thirty) days from the date of conclusion of the contract. On the product page, the Store shall specify the expected shipping time of the Order.
§ 6 COMPLAINTS
- The store is obliged to issue the goods without defects and perform all services in accordance with the concluded Agreement.
- The Shop shall not be liable for non-conformity of the Goods with the sales contract if the Consumer, has been expressly informed that a specific feature of the Goods deviates from the requirements of conformity with the contract specified above and has accepted the lack of a specific feature of the Goods.
- In the event that the delivered Goods are found to be defective, the Consumer may, at his/her option, exercise his/her warranty rights, if a warranty has been granted, and his/her warranty rights from the Store. Warranty rights and warranty rights are independent of each other.
- If the delivered product or provided services are found to be defective, the Customer may file a complaint and inform the Store about the observed irregularities, document the irregularities in order to verify the objections and indicate whether he or she demands repair, replacement of the Goods with new ones. A complaint can be submitted electronically or in writing to the address of the Store.
- For contracts concluded with Consumers and Entrepreneurs with consumer rights, the Seller shall be liable under warranty and/or contractual liability for services rendered. It is excluded in relation to the Customer with other status.
- The Store shall immediately, but no later than 14 days from the date of receipt of the complaint, take a position on the complaint and inform the Customer of further proceedings. The Shop will immediately notify the complainant of the result of the complaint in writing or by e-mail to the e-mail address provided in the complaint.
- In the first instance, the Consumer may request the Shop to repair or replace the Goods with new ones.
- If the Store:
- refused to repair or replace the Goods, or failed to bring them into conformity with the contract;
- the defect exists despite attempts to correct it;
- the defect in the Goods is too significant for the Goods to be repaired;
- the Store has declared to the Customer or it is evident from the circumstances that it will not bepossible to bring the Goods into conformity with the contract within a reasonable time or without excessive cost.
In this case, the Customer may demand a price reduction or withdraw from the contract.
- The transportation of the advertised Products under warranty shall be at the expense of the Store through the shipping method indicated by the Store. The Store does not accept shipments sent back cash on delivery. In some cases, it is not necessary to send the advertised Product, and the Seller may stop at the inspection of photos provided by the Consumer or Entrepreneur of the consumer’s entitlements, which will inform the Consumer upon receipt of the complaint.
- If the choice to withdraw from the contract has been made, all payments made by the Customer, including delivery costs, will be returned to him immediately, but no later than within 14 days from the date of informing the Customer about the positive processing of the complaint by the Store. Refund of payments made by payment card or electronic transfer shall be made to the bank account from which the payment was made, unless the Customer expressly submits before the refund another refund instruction that does not generate additional costs for him.
- In the event of a dispute between the Store and the Customer as to the legitimacy of the refusal to consider a complaint, the Customer, being a Consumer, has the right to use out-of-court means of complaint processing and claim investigation. The customer may use mediation or amicable courts by providing the institution before which the proceedings will be held with an appropriate form – a request for mediation or a request for consideration of the case before an amicable court. A list of sample institutions with contact information is available at www.uokik.gov.pl. In addition, at http://ec.europa.eu/consumers/odr the Consumer has access to the settlement of consumer disputes electronically through the EU online platform (ODR platform). Such right is not available to the Entrepreneur with consumer rights.
§ 7 RIGHT OF WITHDRAWAL
- A customer who is a Consumer or an Entrepreneur with the rights of a Consumer, may withdraw from the contract without giving any reason within 14 days from the date of receipt of the shipment. He should then make a statement of withdrawal from the contract and return the Goods to the Store. To submit a statement of withdrawal, you can use the withdrawal form included in the appendix to the Regulations. The deadline is considered to have been met if the Consumer or Entrepreneur with consumer rights sends a statement of withdrawal in writing to the Seller’s address or by e-mail to:
[email protected], no later than on the last day of the 14-day period. The Seller, upon receipt of the statement of withdrawal in electronic form to the above-mentioned e-mail or postal address, will immediately confirm its receipt by sending information to the withdrawing party’s e-mail address. Statement of withdrawal from the contract submitted after the above-mentioned period has no legal effect.
- Goods should be returned in an unaltered and complete condition, without traces of use, unless the change was necessary within the limits of ordinary management, i.e. the Consumer or Entrepreneur with consumer rights should deal with the Goods with a view to the necessity of their possible subsequent return. He shall be liable for the diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods. If the returned Goods are incomplete or bear traces of use beyond the ordinary management of the thing, the Shop reserves the right to refuse to accept the shipment or reduce the returned amount by the equivalent of the damaged goods, at the Shop’s discretion.
- The right of the Consumer or Entrepreneur on the consumer’s right to withdraw from the contract is not available if the subject of the Order, among other things, is a contract:
- for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the start of the service that after the performance by the entrepreneur will lose the right to withdraw from the contract, and has accepted it;
- in which the subject of the provision is goods that are not prefabricated, produced to the consumer’s specifications or serving to meet his individualized needs;
- in which the subject of performance is goods, which after delivery, due to their nature, are inseparably combined with other things;
- The returned Goods should be sent back within 14 days of withdrawal from the contract at the latest, together with a statement of withdrawal to the address of the Store’s warehouse, i.e. President Gabriel Narutowicza Street 40/1, 90-135 Lodz. The Consumer or Entrepreneur with consumer rights shall bear only direct costs of returning the Product to the Store (return 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 transferred to the Consumer or Entrepreneur with consumer rights immediately, but no later than within 14 days from the date of receipt by the Store of the statement of withdrawal from the contract.
- Reimbursement of payments made by payment card or electronic transfer shall be made to the bank account from which the payment was made, unless the Customer expressly submits before reimbursement another instruction for reimbursement that does not generate additional costs for him (for example, in the statement of withdrawal).
- The store may withhold reimbursement of payments received from the Buyer until the ordered goods are received back from the Buyer or the Buyer provides proof of their return, whichever event occurs first.
§ 8 PERSONAL DATA PROTECTION
Provisions regarding the protection of customers’ personal data by the Seller are contained in the Privacy and Cookies Policy posted on the Store’s website.
§ 9 FINAL PROVISIONS
- For each Product sold by the Store, a VAT invoice or other settlement document in accordance with applicable tax regulations is issued. The VAT invoice is delivered electronically to the e-mail address provided by the Customer or in traditional form together with the delivery of the goods. Acceptance of the Terms and Conditions shall at the same time constitute consent to send invoices in electronic form.
- The applicable law is Polish law. Disputes arising between the Customer and the Seller shall be resolved by the court having jurisdiction over the Seller’s registered office, with the proviso that with respect to Consumers, such disputes shall be resolved before the court having jurisdiction according to the provisions of civil procedure. These Regulations are subject to the provisions of Polish law and will be interpreted in accordance with them. These Terms and Conditions do not limit any of the consumer’s rights to protection that you may be entitled to under the mandatory provisions of law in your country of residence.
- The Seller reserves the right to change the Terms and Conditions. The Seller will notify registered Customers of the change in the Regulations by e-mail with the right to terminate the contract within 14 days. Amendments to the Terms and Conditions become effective 14 days after notification. Orders placed before the effective date of the amendments to these Regulations are executed on the basis of the provisions in force on the date of placing the Order.