I. General information
- These terms and conditions set out the process of registering an account and placing orders in the Online Shop (hereinafter: Shop) located and functioning under the domain www.artiss.design.
- The owner and administrator of the Shop is Parkanex Sp. z o.o., located Targowisko 501, 32-015 Kłaj, registered by Sąd Rejonowy dla Krakowa Śródmieścia, XI Wydział Gospodarczy Krajowego Rejestru Sądowego do Krajowego Rejestru Sądowego under the number 0000119466, NIP 817-19-01-435, REGON: 831306030, share capital: 100 000,00 PLN, e-mail: firstname.lastname@example.org, tel. +48 12-284-06-40, fax +48 12-284-06-41 (available Mon-Fri 8-16)
- Upon placing an order the Customer is obliged to accept the Terms and Conditions.
II. Prices and payment methods
- All prices stated in the shop www.artiss.design are gross prices (VAT included) and in PLN or EUR depending on the choice made by the Customer. Prices are Ex works and shipping cost should be added.
- Shipping cost in Poland (delivery by a courier) are charged on top of the order amount and are:
- For orders of gross value above 99 PLN – free shipping
- For order of gross value below 99 PLN – 15,00 PLN VAT incl.
- Shipping cost in UE (delivery by a courier) are charged on top of the order amount and are:
- For orders of gross value above 300 EUR – free shipping
- For order of gross value below 300 EUR – 50 EUR VAT incl.
- Deliveries outside EU are subject to individual quotation.
- The purchase can be made by the following payment methods:
i. Cash on delivery – COD
ii. Online payment (przelewy24.pl, PayPal) – after choosing that option the customer will be redirected to the bank in which the payment will be made
iii. Wire transfer – the customer will receive an email with a proforma invoice which includes payment details
iv. Cash – for orders picked up personally
- The payment method is chosen by the Customer when completing the order form.
III. Delivery terms
- Shipping is carried out by a courier company DB Schenker (or similar) within 5 days from receiving the payment or choosing the COD payment. Each product is carefully packed and secured. If the delivery address is different than the one registered in the Shop, the Customer shall state it immediately after placing the order.
- The Customer may additionally state the information needed to issue a VAT invoice, in case of a legal person the name, address, Tax numer; in case of a Consumer: name, surname and address.
- The receipt or invoice is attached to the shipping. If the Customer wishes to receive an invoice it should be requested when placing the order.
- Orders are realised only within Poland unless agreed otherwise.
- During delivery, the Customer should inspect the shipping in the presence of the courier whether any visible damage of the packaging are present.
- In case of visible damage, incompleteness or discrepancies the Customer should immediately note it to the courier in order to prepare a Damage Protocol in two unanimous copies, one is to be kept by the customer and the second by the courier.
- The Damage Protocol will aid to solve the complaint process quicker.
IV. Order processing
- Placing the order and the purchase in the Shop is conditioned by properly filling out the registration form. A customer can be natural persons, which are over 18 years old with full capacity to make legal transactions, legal entities and organisational units which are not legal entities but are capable to acquire rights and take out liabilities in their own name. A customer can also be a person between 13 and 18 years old in a degree in which they are capable of acquire rights and take out liabilities according to the commonly binding laws.
- The Shop provides services both for a fee and free of charge.
- The purchase contract for remitted services is concluded after placing an order on the Shop’s website and confirming it by the Shop. The contract for the provision of free of charge services is concluded between the Customer and the Shop when the account is registered on the Shop’s website and lasts until the account is deleted either by the Customer or the Shop.
- Each order placement is confirmed by the Shop within 24 hours, except bank holidays.
- The contact between the Shop and the Customer is kept by email as well as contact form, phone or fax.
- Orders can be placed in the Shop 24 for hours a day all year but they are not proceeded during bank holidays.
- In case an ordered product is unavailable, the Shop shall inform the Customer promptly but not later than within 3 days. The Customer can resign from the order or its part or change the unavailable product for one offered by the shop. In case the order is cancelled in full or in part by the Customer, all prepayments will be returned to the Customer within 3 days from resigning from the order.
V. Complaint process
- The Customer has the right to place a complaint if the ordered or purchased product has legal or physical faults.
- In case of any doubts as to the properties of the product, especially properties which are not mentioned by the offer placed in the Shop, the Customer shall enquire about it at the Shop through one of the communication channels stated in section IV point 6 of the Terms and Conditions. The Shop is not liable for product properties which were unknown at the moment of the purchase.
- Within the complaint, the Customer can:
i. Request the repair of the product
ii. Request a replacement of the product
iii. Make a statement of price reduction
iv. Renounce the contract, however points iii and iv are ineffectual if the Shop removes the product faults promptly
- The Customer has the right to state the preference whether the faulty products should be repaired or replaced.
- The complaint should include the proof of purchase as well as the reason of the complain and the expected way in which the complaint should be solved
- In order to repair the product it shall be sent to the address of the Shop stated in section I point 2 of the Terms and Conditions.
- The product must be appropriately secured for the transport.
- The product must be sent packed and secured against any potential damages which may occur during transport with all elements and parts received at the purchase such as manuals, instructions etc.
- The shop may refuse to repair of the product if the repair is impossible or too expensive. In that case the Shop shall suggest a replacement or renounce the purchase contract.
- If the product had been already replaced or repaired and the fault occurred again the Shop shall offer a price reduction or the possibility to renounce the contract.
- The Customer being a Consumer within the scope of point 12 can file a complaint within 2 years from the purchase. If the product has a stated (by Shop or manufacture) expiry date the above period lasts maximally up to that date.
- The reduced price should remain in such a proportion to the price set out in the purchase contract, as the value of the faulty product to the value of a defect-free product.
- The Customer cannot renounce the contract if the defect is immaterial.
- Should the Shop not answer the Customer’s compliant mentioned in point 3. within 14 days it is assumed the Shop accepted the complaint demands.
- The complaint can be sent electronically by email, contact form or in written form by traditional mail service.
- In case the decision about the complain is impossible to be made due to missing information mentioned in point 5., the Shop will decide about the claim as soon as the missing information is completed, of which the Shop will remind the Customer.
- The Shop will decide about the complaint within 14 days from the receipt of the complaint
- The reply to the complaint is sent to the email address stated at the purchase. In case the Customer changes the email – in order to improve the complaint process – the Shop should be notified.
- If the manufacturer ensured the quality of the sold product, the Customer has a right to demand a removal of product defects or replacement of the product as long as the defects emerge within the period stated in the warranty statement.
- If the product is covered with manufacturer’s warranty and the product does not have features or properties stated in the warranty statement, the Customer may demand:
i. Repair of the product
ii. Replacement of the product
iii. Return of the amount paid
iv. Other claims foreseen by the manufacturer
- If not otherwise stated, the warranty period is 2 years from the purchase.
- The warranty statement issued to the customer contains information necessary to execute the warranty rights, specifically name and address of the guarantor or its representative in Poland, period and geographical coverage of the warranty as well as Customer’s rights in case a defect or fault is stated.
- Unless otherwise stated, the liability of the guarantor is limited only to defects resulting from internal faults in the product.
- The manufacturer realises the warranty rights within the period stated in the warranty statement or, if not stated, promptly but not longer than 14 days from the purchase of the product.
- The warranty is void in case of:
i. Mechanical damage of external origin including damage caused by improper use.
ii. Self-made repairs or modifications despite manufacturer instructions
VI. Contract renouncement
- The Customer who is a Consumer is entitled to return the product within 14 days of the purchase, to renounce the contract concluded remotely without stating any reason or incurring any costs apart from shipping cost. In order to renounce the contract concluded remotely a written statement should to the seller.
- The statement can be sent electronically by filling out the form shown in appendix 1 to these Terms and conditions, also available for download on the Shop’s website, both via email and traditional postal service to the Shop’s address (available in section 1 point 2 of these Terms and conditions).
- In order to keep the period for contract renouncement it is enough that the statement is sent within 14 days of the delivery.
- The Shop shall promptly send the Customer the confirmation of receipt of the statement by email which allows to download and keep it.
- The returned product should be in an unchanged state unless the change was necessary within the common management of the product. The Customer should return the product in the same quantitative and qualitative state as received with the except of previous sentence. In particular, the Customer should return all elements received with the product such as accessories, parts, manuals, instructions etc.
- The product should be returned to the address of the Shop stated in section 1 point 2 of T&C.
- The returned product must by securely packed.
- The return shipping should contain the statement mentioned in point 2 and proof of purchase.
- The Customer is liable for the value reduction resulting from using it in a way which exceeds the normal recognition of the product’s character, features and purpose.
- The Shop will return all payments immediately, not later that within 7 days from the receipt of the Customer’s statement.
- The payment is returned by the same channel which was used during purchase unless the Customer clearly agrees to a different method. Should the Customer choose a different shipping method than the cheapest offered by the Shop, the Shop will not be liable to return the difference.
- If the Customers send the renounce statement before the Shop accept the Customer’s offer, the offer becomes unbinding.
- The right to renounce the purchase contract does not apply to contracts:
i. For bespoke products, manufactured according to Customer’s specification or used to satisfy individualized needs
ii. For products which because of their character are inseparably bound with other objects
VII. Specific threats of using a service provided electronically, functions and purposes of software
- Cookies can also be used for advertisement purposes.
- Types of cookies:
i. Systemic – crucial for the functioning of the Shop.
ii. Analytic – used to process information about users visiting the Shop.
iii. Functional – used to personalize the website by remembering the Customer’s preferences.
iv. Outside cookies – independent of the Shop.
- Advertisements placed in the Shop may use third party cookies aiming to analyse the efficiency of advertisement campaigns.
- The use of the Shop’s services requires Internet access and the use of Mozilla Firefox 3.x+ or Internet Explorer 7.0+ or newer with the software to process Java Script and Java applications and in some cases Flash 4 software or newer, Quicktime, Acrobat Reader, having an updated and appropriately functioning mail client. The website is optimised for a 1024x768 resolution.
VIII. Unflawful content sent by the Customer
- It is strictly forbidden for the Customer to send any content which is unlawful or infringes third party right, in particular personal rights.
- It is strictly forbidden to send the Shop any contents of spam character, aiming to bypass the process of buying the goods, in particular links to other websites, emails, phone numbers, communication applications, apart from the data necessary during registration process. This ban also includes hidden activities.
- The customer is responsible to the validity and correctness of the information given during the Registration.
IX. Rules of proper use of the Shop
- The Customer, by accepting the T&C states that he/she will not:
i. Use the Shop or any of its content to commit crime,
ii. Engage in programming activities aiming to obtain data from the website,
iii. Engage in programming activities aiming to infect the Shop by a virus or any other malicious software,
iv. Infringe the law in any other way or the rules of T&C.
- In case the Rules of proper rules are infringed by the Customer or the Shop receives a notification from the authorities or receives a credible information about an unlawful content or information placed by the Customer on the Shop’s website, the Shop will delete unlawful content and is entitled to take legal actions.
- The Shop uses information which are sent by the Customer in the registration form or by placing an order for the processing and realisation of the contract concluded between parties.
- This policy sets out in particular:
i. Which Information the Shop can collect from the Customer,
ii. Where this Information is stored
iii. How the Shop can use this Information,
iv. Whom the Shop can hand this Informatiom,
v. The terms of Cookie use.
- The Administrator of the Customer’s Data is the Internet Shop www.artiss.design , administered by Parkanex Sp. z o.o., located Targowisko 501, 32-015 Kłaj, registered by Sąd Rejonowy dla Krakowa Śródmieścia, XI Wydział Gospodarczy Krajowego Rejestru Sądowego do Krajowego Rejestru Sądowego under the number 0000119466, NIP 817-19-01-435, REGON: 831306030, share capital: 100 000,00 PLN, e-mail: email@example.com, tel. +48 12-284-06-40, fax +48 12-284-06-41 (available Mon-Fri 8-16).
- The provision of personal information by the Customer is voluntary
- The Shop can collect:
i. Information provided in the forms of the Shop’s website, they may contain information provided during registration, in particular: Name, Surname, Address, contact details (email, phone, fax) and information regarding business activity: Company Name, Addres, Tax number, etc.
ii. Information received from correspondence,
iii. Information collected in surveys, questionnaires – which are voluntary
iv. Information on Customer orders,
v. Information on using the website, IP, Usser appliance, operating system, web browser in order to enhance the quality of the website.
- The collected information is stored in the Administrator’s headquarters and can be transferred, stored and processed in Poland and other countries. All collected information is stored on secured servers and all payments are encrypted by using the SSL protocol.
- The Shop may use the collected information in order to:
i. Present the content of the Shop in a most appropriate way,
ii. Allow the Customer to use the Shop to conclude, realise and account for the contracts concluded via the Shop,
iii. Execute the T&C,
iv. Current communication with Customers informing about changes,
v. Acquire statistical information about Customers by analysing their IP and cookies
vi. Present advertisement forms adjusted to the Customer’s profile
vii. Inform about special offers (Newsletters), if the Customer agrees to it.
- In order to ensure a proper realisation of the contract with the Customer, the Shop may share the information on grounds of other legal relations in order to:
i. Settle the electronic payments
ii. Provide accounting and legal services,
iii. Realise advertising actions for the Shop, which the Customer hereby agrees to.
- Parties providing services for the Shop cannot use, under any circumstance, use the collected information for their own business purposes.
- The Shop stores Information on Customers not longer than it is necessary to achieve the purpose of the contract as well as to fulfil the legal requirements, especially fiscal.
- The Customer has the right to:
i. Access, complete, update, correct personal information
ii. Periodically or permanently stop processing or delete information, if incomplete, outdated or incorrect or collected illegally or if the information are redundant for achieving the purpose for which they had been collected
iii. Object to situation where the processing of information is not essential to achieve legally motivated goals realised by administrators or recipients of the information, and the information processing infringes the personal rights of a person in question
- The customer can change any of his/her personal information by using the communication channels stated in section 4 point 6 of these T&C.
- The administrator reserves the right to refuse the deletion of Customer’s information if keeping the information is necessary to realise the contract or if keeping them is required by law. The shop may keep the name, surname or address in order to avoid using the information of a person again.
- The customer may consent to receive from the Shop marketing information, including information sent by electronic means. This consent is given by the Customer by ticking the appropriate box in the registration from.
XI. Final conclusions
- Any subsequent changes of the T&C does not influence contracts concluded before that change. The Shop shall inform the Customer about any changes with a 14-day notice. The Customer’s account will expire if the new T&C are not accepted. In case the Customer places a statement of non-acceptance of the new T&C, the contract with the Shop expires, with the exception that the contract expiry does not influence the validity of the contracts concluded before that change.
- The Shop owns copyright rights over its, included the software and graphic design. Customers are obliged to respect these rights.
- The governing law for the contract between the Customer and the shop is the polish law. Any disputes in regards to services provided by the shop shall be resolved by appropriate polish courts.
- Disputes arising between the Shop and the Customer not being a Consumer, shall be resolved in a court adequate to the legal address of the Shop.
- Appendixes to these T&C are its integral part.
- The T&C come into force on 25.12.2014.
Appendix no. 1 Contract renouncement form