ONLINE SHOP REGULATIONS
TABLE OF CONTENTS:
ELECTRONIC SERVICES IN THE ONLINE SHOP
CONDITIONS FOR CONCLUDING A SALES CONTRACT
METHODS AND DATES OF PAYMENT FOR THE PRODUCT
THE COST, METHODS AND DELIVERY TIME AND THE RECEIPT OF THE PRODUCT
EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
PROVISIONS CONCERNING ENTREPRENEURS
MODEL WITHDRAWAL FORM
The online shop www.artisticeco.com takes care of consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. The provisions of contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and in their place apply the provisions of the Act on Consumer Rights. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, the priority is given to these provisions and should be applied.
1. GENERAL PROVISIONS
1.1. The Online Shop available at the Internet address www.artisticeco.com is run by MARTA WAPIENNIK, acting as an unregistered sole trader as defined in art. 5 paragraph 1 of the Entrepreneurs' Law of 6 March 2018 (Journal of Laws of 2018, pos. 646), having: the address of the business place and the delivery address: ul. Kordylewskiego 7/35, 31-542 Kraków, Poland, e-mail address: firstname.lastname@example.org, telephone number: 0048 501459910.
1.2. These Regulations are addressed both to the consumers and to the entrepreneurs using the Online Shop unless a section is addressed specifically to the consumers or to the entrepreneurs.
1.4.1.BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.2.REGISTRATION FORM – the form available in the Online Shop that allows you to create an Account.
1.4.3.ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Contract, including the method of delivery and the payment.
1.4.4.CUSTOMER – (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality for which the law grants legal capacity; - who has concluded or intends to conclude a Sales Contract with the Seller.
1.4.5.CIVIL CODE – Civil Code Act of 23 April 1964 (Journal of Laws of 1964 no. 16, pos. 93 - with amendments).
1.4.6.PRODUCT – a movable item available in the Online Shop being the subject of the Sales Contract between the Customer and the Seller.
1.4.7.REGULATIONS – these regulations of the Online Shop.
1.4.8.ONLINE SHOP – online shop of the Service Provider available at the Internet address: www.artisticeco.com
1.4.9.SELLER; SERVICE PROVIDER – MARTA WAPIENNIK, acting as an unregistered sole trader as defined in art. 5 paragraph 1 of the Entrepreneurs' Law of 6 March 2018 (Journal of Laws of 2018, pos. 646), having: the address of the business place and the delivery address: ul. Kordylewskiego 7/35, 31-542 Kraków, Poland, e-mail address: email@example.com.
1.4.10.SALES CONTRACT– the Product sales contract which is being concluded or have been concluded between the Customer and the Seller via the Online Shop.
1.4.11.ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service Recipient via the Online Shop.
1.4.12.SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, for which the law grants legal capacity; - using or intending to use the Electronic Service.
1.4.13.CONSUMER RIGHTS ACT, ACT – Act of 30 May 2014 on consumer rights (Dz.U. 2014 poz. 827 with amendments)
1.4.14.ORDER - Customer's declaration of intention submitted via the Order Form and aimed directly to conclude the Product Sales Contract with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1. The following Electronic Service is available in the Online Shop: Order Form.
2.1.1. Order Form - using of the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps - (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form "Confirm purchase" field - up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), the e-mail address, the contact telephone number and details of the Sales Contract: Product (s), amount of Product (s), place and method of delivery of the Product (s), the method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and the tax identification number.
22.214.171.124. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient.
2.3.The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good customs, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content
2.4.Complaint procedure with regard to the Electronic Services:
2.4.1.The complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the complaint procedure of the Product, which is indicated in items 6 and 7 of the Regulations) the Serwice Recipient may submit, for example:
126.96.36.199. in writing to the address: ul. Kordylewskiego 7/35, 31-542 Kraków, Poland;
188.8.131.52. in electronic form via e-mail to the following address: firstname.lastname@example.org.
2.4.2. It is recommended that the Service Recipient provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service Recipient's request; and (3) the contact details of the complaining party - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements specified in the preceding sentence take the form of recommendations only and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
2.4.3. The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
3.1.The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with point 2.1.2 of the Regulations.
3.2.The Product price shown on the Online Shop website is given in United States dollars (USD) and includes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Store’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into a Sales Contract.
3.3.The procedure of concluding a Sales Contract in the Online Shop using the Order Form.
3.3.1.The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with point. 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller to the e-mail address provided at the time of placing the Order an e-mail, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.
3.4. The consolidation, security and making available to the Customer the content of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in point. 3.3.2. of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Shop.
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
4.1.The Seller provides the Customer with the following methods of payment under the Sales Contract:
4.1.1.The electronic payments and credit card payments via PayPal.com, 2checkout.com – all possible current payment methods are specified on the Online Shop website in the payment methods tab and on the website https://www.paypal.com, https://www.2checkout.com/.
184.108.40.206. The settlement of transactions by electronic payments and credit cards are carried out in accordance with the Customer's choice through the PayPal.com or 2checkout.com service. The support for electronic payments and credit card payments is provided by:
220.127.116.11.1. PayPal.com – PayPal (Europe) S.a r.l. & Cie, S.C.A. company, 5. floor 22–24 Boulevard Royal, L-2449, Luxembourg.
18.104.22.168.2. 2checkout.com – Avangate B.V., De Cuserstraat 93, 1081CN Amsterdam, The Netherlands.
4.2.1.Customer is obliged to make this payment within 1 calendar day from the day of concluding the Sales Contract.
5. THE COST, METHODS AND DELIVERY TIME
5.1. The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website in the delivery costs tab and during the Order placement, including when the Customer expresses a will to be bound by the Sales Contract.
5.2. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.3. The deadline for delivery of the Product to the Customer is up to 30 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In case of Products with different delivery times, the delivery date is the longest given date, which, however, cannot exceed 30 Business Days. The beginning of the delivery time of the Product to the Customer is counted from the date of crediting the Seller's bank account or settlement account
6. PRODUCT COMPLAINTS
6.1. The basis and scope of the Seller's liability towards the Customer, if the sold product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular in the Civil Code (in particular in Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to provide the Customer with a Product without defects. The detailed information regarding the Seller's liability due to a Product defect and Customer's rights are set out on the Online Shop website in the product complaint tab.
6.3. A complaint can be made by the Customer, for example:
6.3.1. in electronic form via e-mail to the following address: email@example.com ;
6.4. It is recommended that the Customer provides in the description of the complaint: (1) the information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) the request to bring the Product into compliance with the Sales Contract or a statement of price reduction or withdrawal from the Sales Contract; and (3) the contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements specified in the preceding sentence only take the form of recommendations and do not affect the effectiveness of the complaints filed without the recommended description of the complaint.
6.5. The Seller will consider the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission. If the Customer who was a consumer demanded a replacement or a defect removal, or made a price reduction statement, specifying the amount by which the price is to be reduced and the Seller did not respond to the request within 14 calendar days, it is considered that the request was justified.
6.6. The Customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: shipments from the US: 11025 Westlake Drive, Charlotte, NC 28273; shipments from Europe: Lidostas parks, Marupes novads, Latvia LV-2167. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is.
7. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
7.1. At the the Office of the President of Competition and Consumer Protection there is a contact point (phone: 22 55 60 333, email: firstname.lastname@example.org or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task, among others, is the provision of assistance for the consumers in matters relating to the extrajudicial solving of consumer disputes.
7.2. A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl); (2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided, among others, via e-mail at email@example.com and at the consumer helpline number 801 440 220 (call center on Business Days, 8:00 - 18:00, call fee according to the operator's tariff).
7.4. An online platform for settling disputes between the consumers and the entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for the consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
The detailed information on using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures by the Customer who is a consumer are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
8. THE RIGHT OF WITHRAWAL FROM THE CONTRACT
8.1. A consumer who has concluded a distant contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract can be made, for example:
8.1.1. in electronic form via e-mail to the following address: firstname.lastname@example.org;
8.2. An exemplary template of withdrawal form is included in Enclosure no 2 to the Consumer Rights Act and is additionally available in the Online Shop Regulations, pt. 11 and on the Online Shop website in the withdrawal from the contract tab. The consumer can use the template form, but it is not obligatory.
8.3. The deadline for withdrawal from the contract begins:
8.3.1. for the contract whereby the Seller releases the Product, being obliged to transfer its ownership (for example the Sales Contract) - from taking the Product into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract where: (1) many Products are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or (2) when it consists in regular delivery of Products for a definite period - from taking possession of the first Product;
8.3.2. for other contracts - from the date of contract conclusion.
8.4. In the event of withdrawal from a distant contract, the contract is considered null and void.
8.5. The Seller is obliged immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, to return all payments made by the consumer, consumer the delivery costs of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not cause any costs for him. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the reimbursement of payments received from the consumer until the receipt of the Product or the delivery by the consumer of a proof of its return, whichever occurs first.
8.6. The consumer is obliged immediately, no later than within 14 calendar days from the date on which they withdraw from the contract, to return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that they will pick up the Product themselves. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: ul. Kordylewskiego 7/35, 31-542 Kraków, Poland.
8.7. The Consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to pay:
8.8.1. If the consumer has chosen the method of delivery of the Product other than the cheapest standard delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs paid by the consumer.
8.8.2. The consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product being a service which performance - at the explicit request of the consumer - started before the withdrawal period, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services fulfilled until the withdrawal. The payment amount is calculated proportionally to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The right to withdraw from a distant contract is not available to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, if the Seller has fully provided the service with the express consent of the consumer who has been informed before the performance of the service that they will lose the right to withdraw from the contract after the performance of the service by the Seller; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specification or serving to satisfy their individual needs; (4) in which the subject of the service is a product that is quickly deteriorating or has a short shelf-life time; (5) in which the subject of the service is a product delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Contract, and which delivery may take place only after 30 days and which value depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller should come to them for urgent repair or maintenance; if the Seller provides additional services other than those required by the consumer, or provides products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is granted to the consumer in respect of additional services or products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery; (10) for delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract designates a day or period of service; (13) for the delivery of digital content that is not stored on a tangible medium if the fulfillment of the service started with the consumer's express consent before the deadline to withdraw from the contract and after being informed by the Seller about the loss of the right to withdraw from the contract.
8.10. The provisions regarding a consumer contained in this clause 8 of the Regulations shall apply from 01 January 2021 and for contracts concluded from that date onwards also to the Sen/ice Recipient or Client who is a natura! person and concludes a contract which is directly related to their business activity if the contents of the contract prove that the same is not of a professional nature for that person, resulting in particular from the subject of the business activity run by the person, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This clause 9 of the Regulations and all provisions whatsoever contained therein are addressed and therefore bind only the Client or the Sen/ice Recipient who is not a consumer and from 01 January 2021 onwards and for contracts concluded from that day onwards also the one who is not a natural person concluding a contract which is directly related to their business activity if the contents of the contract prove that the same is not of a professional nature for that person, resulting in particular from the subject of the business activity the run by the person, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
9.2. The Seller shall have the right to withdraw from the Contract of Sale within 14 calendar days of its conclusion. In this case, withdrawal from the Contract of Sale may take place without giving a reason and does not give rise to any claims on the part of the Client against the Seller.
9.3. The Seller shall have the right to limit available methods of payment, including to request a pre-payment to be made in whole or in part regardless of the method of payment chosen by the Client and the fact of conclusion of the Contract of Sale.
9.4. The Sen/ice Provider may terminate the contract for Electronic Sen/ice provision with immediate effect without stating the reasons thereof, by sending an appropriate statement to the Sen/ice Recipient.
9.5. The liability of the Sen/ice Provider/Seller to the Sen/ice Recipient/Client. regardless of its legal basis. is limited, both for one claim and for all claims altogether, up to the amount of the paid price and costs of delivery resulting from the Contract of Sale, however not more than to the sum of one thousand PLN. The limitation of amount referred to in the preceding sentence shall apply to any claims whatsoever addressed by the Sen/ice Recipient/Client to the Sen/ice Provider/Seller. including also in case if the Contract of Sale is not concluded or in cases not related to the Contract of Sale. The Sen/ice Provider/Seller shall be liable to the Sen/ice Recipient/Client only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost benefits. The Seller shall neither be liable for a delay in the consignment transport.
9.6. All disputes arising between the Seller/Sen/ice Provider and the Client/Sen/ice Recipient shall be referred to the court having jurisdiction over the Seller’s/Service Provider's registered Office.
10. FINAL PROVISIONS
10.1. The contracts concluded via the Online Shop are concluded in English.
10.2. Change of Regulations:
10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
10.2.2. In case of concluding on the basis of these Regulations continuous contracts (for ex ample, providing Electronic Service - Account), the amended regulations bind the Customer if were met the requirements specified in art. 384 and 384  of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service Recipient who is a consumer has the right to withdraw from the contract.
10.2.3. In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/ the Customers who are consumers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, executed or executed Sales Contracts.
10.03. In matters not covered by these Regulations, shall apply generally applicable provisions of Polish law, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); for Sales Contracts concluded before the 24th of December 2014 with consumer Customers – provisions of the 2nd of March 2000 Act on the Protection of Certain Consumer Rights and Hazardous Product Liability (Journal of Laws of 2000 no. 22, pos. 271 further amended), and the 27th of July 2002 Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Journal of Laws of 2002 no. 141, pos. 1176 further amended); for Sales Contracts concluded after the 25th of December 2014 with consumer Customers – the provisions of the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended); as well as other corresponding provisions of commonly applicable law.
11. MODEL WITHDRAWAL FORM
(ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)
ul. Kordylewskiego 7/35, 31-542 Kraków, Poland
– I / we (*) hereby inform about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following things (*) contract for a work involving the following items (*) / for the provision of the following service (*)
– The date of conclusion of the contract (*)/ recipe (*)
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only if the form is sent in a paper version)
(*) Delete as applicable.