TERMS AND CONDITIONS OF ONLINE STORE

§ 1

GENERAL PROVISIONS

  1. The www.polishart.eu store operates on the principles set forth in these Regulations.
  2. The Regulations define the conditions for the conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Store www.polishart.eu, the rules for the provision of these services, the conditions for the conclusion and termination of agreements for the provision of electronic services.
  3. Each Service Recipient, from the moment of undertaking activities aimed at using the Electronic Services of the www.polishart.eu Store, is obliged to comply with the provisions of these Regulations.
  4. In matters not covered by these Regulations, the provisions of:
    1. the Act on Provision of Electronic Services of July 18, 2002,
    2. Act on consumer rights of May 30, 2014,
    3. Act on out-of-court resolution of consumer disputes of September 23, 2016,
    4. Civil Code Act of April 23, 1964, and other relevant provisions of Polish law.

§ 2

DEFINITIONS CONTAINED IN THE REGULATIONS

  1. ORDER FORM – a form available on the website www.polishart.eu that allows placing an Order.
  2. CUSTOMER – a Customer who intends to conclude or has concluded a Sales Agreement with the Seller.
  3. CONSUMER – a natural person who makes a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
  4. ENTERPRISE – a natural person, a legal person and an organizational unit which is not a legal person, to which the law grants legal capacity, conducting business or professional activity in its own name.
  5. PRODUCT – a movable item available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
  6. REGULATIONS – these regulations of the Store.
  7. SHOP – the Service Provider’s online store operating at www.polishart.eu.
  8. SELLER, SERVICE PROVIDER – PolishArt Foundation
  9. SALES AGREEMENT – Agreement for the sale of a Product concluded between the Customer and the Seller through the Store.
  10. ORDER – Customer’s declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
  11. PRICE – the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.

§ 3

INFORMATION ON PRODUCTS AND THEIR ORDERING

  1. The Store www.polishart.eu sells Products via the Internet.
  2. Products offered in the Store are new, in accordance with the contract and have been legally introduced into the Polish market.
  3. The information on the Store’s website does not constitute an offer within the meaning of the law. When placing an Order, the Customer makes an offer to buy a particular Product under the conditions specified in its description.
  4. The price of the Product shown on the Store’s website is given in Polish zloty (PLN) and includes all components. The price does not include delivery costs.
  5. Orders can be placed through the website using the Order Form (Shop www.polishart.eu) – 24 hours a day, all year round.
  6. The condition for placing an Order in the Store by the Customer is reading the Terms and Conditions and accepting its provisions at the time of placing the Order.

§ 4

CONCLUSION OF SALES AGREEMENT

  1. In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order using the method made available by the Seller, in accordance with § 3 points 5 and 6 of the Regulations.
  2. Once the Order is placed, the Seller shall immediately confirm its receipt.
  3. Confirmation of receipt of the Order, as referred to in point 2 of this paragraph, binds the Customer to his/her Order. Confirmation of receipt of the Order is made by sending an e-mail message.
  4. Confirmation of receipt of the Order includes:
    1. confirmation of all essential elements of the Order,
    2. withdrawal form,
    3. these Terms and Conditions containing instructions on the right to withdraw from the contract.
  5. Upon receipt by the Customer of the e-mail message referred to in item 4 of this paragraph, a Sales Contract is concluded between the Customer and the Seller.
  6. Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.

§ 5

METHODS OF PAYMENT

  1. The Seller provides the following payment methods:
    1. payment by traditional transfer to the Seller’s bank account,
    2. payment through an electronic payment system.
  2. In the case of payment through an electronic payment system, the Customer makes payment before the Order is processed. The electronic payment system allows payment by credit card or quick transfer from selected Polish banks.
  3. The Customer is obliged to pay the price of the Sales Agreement within 1 working day from the day of its conclusion, unless the Sales Agreement provides otherwise.
  4. The product will be shipped only after it has been paid for.

§ 6

COST, TIME AND METHODS OF DELIVERY OF THE PRODUCT

  1. The cost of delivery of the Product, which is covered by the Customer, is determined during the process of placing the Order.
  2. The term of delivery of the Product consists of the time of completion of the Product and the time of delivery of the Product by the carrier:
    1. the time of production or completion of the Products is up to 7 working days,
    2. delivery of Products that are movable items by the carrier takes place within the time declared by the carrier, i.e. a maximum of 3 working days from the moment of shipment (delivery takes place only on working days excluding Saturdays, Sundays and holidays).
  3. Products purchased from the Store are shipped via the Polish Post or a courier company.

§ 7

PRODUCT COMPLAINT

  1. Complaint for non-compliance of the Product with the contract.
    1. The basis and scope of the Seller’s liability to the Customer who is a Consumer, for non-compliance of the Product with the contract are set forth in the Consumer Rights Act of May 30, 2014,
    2. the basis and scope of the Vendor’s liability to the Customer who is an Entrepreneur under the warranty are set forth in the Civil Code Act of April 23, 1964,
    3. The Seller is responsible to the Customer who is a Consumer for the lack of conformity of the Product with the contract existing at the time of delivery of the Product and disclosed within 2 years from that time, unless the expiration date of the Product specified by the Seller or persons acting on its behalf is longer,
    4. notification of the Product’s non-conformity with the contract and submission of the corresponding demand can be made via e-mail to: …………….. or in writing to the address: …………………………..
    5. in the above message in written or electronic form, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Seller,
    6. for the assessment of irregularities and non-compliance of the Product with the contract, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his expense,
    7. The Seller shall respond to the Consumer’s request immediately, no later than within 14 days from the moment of filing a complaint,
    8. in the case of a complaint from a Customer who is a Consumer – failure to consider the complaint within 14 days of its submission is tantamount to its acceptance,
      1. in connection with a legitimate complaint of a Customer who is a Consumer, the Seller accordingly:
  2. covers the costs of repair or replacement and redelivery of the Product to the Consumer,
  3. reduces the price of the Product (the reduced price must remain in the proportion of the price of the goods in conformity with the contract to the goods not in conformity with the contract) and returns the value of the reduced price to the Consumer at the latest within 14 days from the receipt of the statement of price reduction from the Consumer,
  4. in the case of withdrawal from the contract by the Consumer – the Seller shall return the price of the Product to the Consumer no later than 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer is obliged to immediately return the goods to the Seller at the expense of the Seller,
  5. the response to the complaint is provided on paper or other permanent medium, e.g. email or SMS.

§ 8

RIGHT TO WITHDRAW FROM THE CONTRACT

  1. Subject to Section 10 of this paragraph, a Customer who is also a Consumer who has entered into a remote contract may withdraw from the contract without giving reasons by making a statement to that effect within 14 days.
  2. In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to receive it immediately, but no later than 14 days from the day on which he or she withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiration.
  3. In case of withdrawal from the Sales Agreement, the Product should be returned to the address: …………………………………………………………………………………………
  1. The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller has not informed the Consumer or the entity referred to in § 10 about the manner and timing of exercising the right of withdrawal and has not provided the Consumer with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer shall handle and inspect the Products only in the same manner as he would be able to do so in a stationary store.
  2. Subject to clauses 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with the costs of delivery using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for the Consumer. Subject to point 7 of this paragraph, the refund will be made immediately, and at the latest within 14 days from the receipt by the Seller of the statement of withdrawal from the Sales Agreement.
  3. If the Consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Shop, the Seller is not obliged to reimburse him, the additional costs incurred by him.
  4. If the Seller has not offered to collect the Product from the Consumer himself, the Seller may withhold reimbursement of the payment received from the Consumer until he receives the item back or provides proof of its return, whichever event occurs first.
  5. The Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall bear only the costs of returning the Product to the Seller.

9. The fourteen-day period in which the Consumer may withdraw from the contract is counted for the contract in the performance of which the Seller issues the Product being obliged to transfer its ownership – from the day on which the Consumer (or a third person indicated by him/her, other than the carrier) took possession of the Product.

10. The right of withdrawal from a remote agreement does not apply to the Consumer in the case of a Sales Agreement, among others, in which the subject of performance is a non-refabricated product, manufactured to the Consumer’s specifications or serving to meet his individual needs.

11. The right of withdrawal from the Sales Agreement is vested in both the Seller and the Customer, in case of failure of the other party to the agreement to perform its obligation within a strictly specified period.

§ 9

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider allows, through the Store, to use Electronic Service, which is the conclusion of Sales Agreements for the Product.
  2. Provision of Electronic Services to Service Recipients in the Store is carried out under the conditions specified in the Terms and Conditions.
  3. The Service Provider has the right to post advertising content on the Store’s website. These contents, are an integral part of the Store and the materials presented therein.

§ 10

TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. Provision of Electronic Services specified in § 9.1 of the Regulations by the Service Provider is free of charge.
  2. The agreement for the provision of Electronic Services consisting of enabling the Customer to place an Order in the Store is concluded for a definite period of time and is terminated at the time of placing the Order or at the end of its placement by the Customer.
  3. Technical requirements necessary for cooperation with the information and communication system used by the Service Provider:
  1. computer (or mobile device) with access to the Internet,
  2. access to e-mail,
  3. web browser,
  4. inclusion of Cookies and Javascript in the web browser.
  1. The Customer is obliged to use the Store in a manner consistent with the law and morality, taking into account respect for personal rights and intellectual property rights of third parties.
  2. The customer is obliged to enter data in accordance with the facts.
  3. The recipient is prohibited to provide unlawful content.

§ 11

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

  1. Complaints related to the provision of Electronic Services through the Store, the Customer may submit via e-mail to the address: ……………………
  2. In the above-mentioned e-mail message, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of occurrence of irregularities and contact details. The information provided will greatly facilitate and expedite the processing of the complaint by the Service Provider.
  3. Consideration of the complaint by the Service Provider shall take place immediately, no later than within 14 days from the date of notification.
  4. The Service Provider’s response to the complaint shall be sent to the Client’s e-mail address provided in the complaint notification or in any other manner provided by the Client

§ 12

FINAL PROVISIONS

  1. Contracts concluded through the Store are concluded in accordance with Polish law.
  2. If any part of the Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.
  3. Any disputes arising from Sales Contracts between the Store and Consumers will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent court of general jurisdiction, in accordance with Section 4 of this paragraph.
  4. Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
  5. A Client who is a Consumer also has the right to use out-of-court means of dispute resolution, in particular by submitting, after the conclusion of the complaint procedure, a request for mediation or a request for consideration of the case by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Consumer Courts operating at Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596 The consumer can also use the free assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.
  6. In order to resolve a dispute amicably, a consumer may, in particular, file a complaint through the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.
  7. Document prepared with the help of an automatic generator available at www.lexlab.pl/generator-regulaminu