§ 1. General provisions
1. Online shop available at www.artinspirio.com conducting business activity under the company Arteza Studio sP. z o. o. with its Registered office in Warsaw, at UL. Aleja Jana Pawla II NR. 43a/37b in Poland, entered into the Register of entrepreneurs of the National Court register under KRS number 0001010698, NIP 5273034584, REGON 524029570, with the share capital: 5.000 PLN, e-mail: arteza.info@gmail.com hereinafter referred to as the"seller"
2. These Terms and conditions are addressed to both customers who are consumers and to Customers who are not consumers, using
from the Online Store or containing sales agreements (with the exception of provisions addressed exclusively to Customers who are not consumers).
3. Acceptance of the provisions of the regulations is voluntary, but necessary for placing an order.
4. Whenever the following terms are used in the further content of the regulations, they shall be understood in the following sense:
a) price-determined in Polish zloty or in another currency the amount of gross remuneration (including tax) due to the seller by transferring ownership of the product to the customer in accordance with the sales agreement. The price does not include the cost of delivery, unless the conditions apply
in a specific case, they are different.
B) client – a natural person; or a legal person acting through an authorized person; or an organizational unit without legal personality, to which the law grants legal capacity; having full legal capacity.
If the customer is a natural person with limited legal capacity, he undertakes to obtain legally effective consent from his legal representative to conclude a Sales Agreement and to provide such consent at any request of the seller, while as a rule, sales agreements concluded within the online store have the character of agreements commonly concluded in small current matters of everyday life.
C) Civil Code-Civil Code Act of 23 April 1964 (i.e. Journal of Laws of 2019, item 1145 as amended).
D) consumer – a natural person performing a legal act with an entrepreneur not directly related to its economic activity
or professional or not having a professional character for this person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on Central Records and information on Business Activities.[K1]
E) Newsletter – an electronic service that allows customers using it to receive periodic information from the seller
about products, online store, including news and promotions to the e-mail address provided by the customer,
with the express consent of the customer. The rules for the provision of Newsletter services by the seller are set out in separate terms and conditions made available within the online store.
F) product – a movable item available in the online store that is the subject of a sales agreement between the customer and the seller, for payment of the price. All products presented in the online store are free from physical and legal defects and have been legally introduced to the Polish market.
G) regulations – this document sets out the rules for concluding sales contracts through the store for customers. The terms and conditions define the rights and obligations of the customer and the seller. In the scope of services provided by electronic means, these regulations are the regulations referred to in Article 8 of the act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2019, item 123 as amended).
h) online store-a platform enabling the customer to place orders, operated by the seller and available at the following internet address: www.artinspirio.com
(I) the seller – www.artinspirio.com, an entrepreneur conducting business activities under the name Arteza Studio sP. z o. o. with its Registered office in Warsaw, at UL. Aleja Jana Pawla II nr. 43a/37b, postcode 01-001, entered into the Register of entrepreneurs of the National Court Register, tax identification number 5273034584, REGON 524029570, e-mail address: arteza.info@gmail.com, (fee as for standard connection-according to. the price list of the relevant operator)
j) sales agreement – a sales agreement within the meaning of the provisions of the Civil Code, concerning the sale by the seller to the customer of the product for payment of a price increased by additional fees, including shipping costs, the terms of which are specified in particular by these Terms and conditions. The contract of sale is concluded between the customer and the seller using means of distance communication, after acceptance of the order by the seller on the terms set out in these Terms and conditions. The sales contract specifies in particular the product, its main characteristics, price, shipping costs and other relevant conditions. It does not constitute the conclusion of a sales agreement or an obligation to conclude it only by adding the product to the cart on the website.
k) act on Consumer Rights - Act of 30 May 2014 on consumer rights (i.e. Journal of laws 2019 item 134 as amended).
L) order – a statement of the customer's will expressing the Direct will to conclude a distance selling agreement, submitted using means of distance communication, specifying the product for which the customer submits an offer to conclude a Sales Agreement and the customer's data necessary for the possible conclusion and performance of the sales agreement. The order of each product will be treated as an independent offer of the customer to conclude a sales agreement. The order can be given one number. Acceptance of the order means conclusion of the contract Sale
§ 2. Obligations Of The Parties
1. The seller provides through the Online Store free of charge the following services available to customers:
a) the possibility of placing orders and concluding sales contracts, on the terms set out in these regulations;
B) presenting customers with marketing content tailored to their interests;
C) the ability to view content placed within the store;
d) Newsletter.
2. The customer is particularly obliged to:
a) providing only true, current and all necessary data in the forms made available within the online store (the correctness of the data lies with the customer);
b) immediate updating of data, including personal data provided by the customer;
c) use of the services and functionalities provided by the seller in accordance with the provisions of applicable law, the provisions of the regulations, as well as with the Customs and principles of social coexistence adopted in this area;
d) timely payment of the price and other costs set by the customer and the seller in full;
e) timely receipt of products ordered using the method of delivery and payment on delivery;
F) not to take actions involving, in particular, sending or posting unsolicited commercial information in the Online Store or posting any content that violates the law (prohibition of posting illegal content), modifying the content provided / published by the seller in an unauthorized manner.
3. All complaints related to the provision of services can be submitted in writing to the e-mail address :
artinspirio.info@gmail.com
The seller shall respond to the complaint immediately, no later than within 14 days from the date of its submission. If the time required to consider the complaint is longer than the circumstances independent of the seller – the customer will be informed immediately.
§ 3. Conclusion Of The Sales Agreement
1. The seller allows you to place orders for products through the online store.
2. As part of the development of the services provided, the seller may introduce further ways of placing orders, on the terms specified in these Terms and Conditions.
3. The conclusion of a sales agreement between the customer and the seller occurs after the customer has placed an order in advance.
4. The seller allows the customer to place an order through the online store in the following manner and sequentially:
A) the customer adds the selected product (s) to the cart and then goes to the order form.
b) in the order form, it is necessary for the customer to provide the following data concerning the customer: name, address (Street, house/apartment number, postcode, City, Country), e-mail address, contact phone number and data concerning the sales agreement: product (s), quantity of product (s), place and method of delivery of product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide so-called Company data, and if they requested a VAT invoice as part of the form, also a tax identification number.
C) the customer chooses one of the delivery methods made available by the seller.
d) the customer chooses the method of payment of the price and any other total costs indicated in the order form for the implementation of the sales agreement.
e) the customer sends the seller an order (makes an offer) using the functionality of the online store made available for this purpose (button: "I order and pay"). In the case of a customer who does not have an account and has not previously accepted the terms and conditions, acceptance of the terms and conditions and the Privacy Policy is required.
f) when placing an order, until the "order and pay" button is pressed, the customer has the opportunity to independently correct the entered data by adding or removing the item from the cart.
g) depending on the payment method chosen, the customer may be redirected to the pages of an external payment service provider,
in order to make payments.
5. The seller, in response to the order, immediately sends an automatic message to the customer to the e-mail address provided by the customer for this purpose
with confirmation of receipt of the order.
6. After verifying the order, without unjustified delay, the seller sends a message to the customer at the specified e-mail address with:
a) confirmation of acceptance of one or more individual offers for products submitted as part of the order and confirmation of the conclusion of the sales agreement (acceptance of the order for the products indicated in the message); or
B) information about the impossibility of accepting all offers for products submitted as part of the order, due to non-payment.
7. The sale agreement is concluded upon confirmation of the offer(s).
8. The seller strives to ensure the availability of all products. In the event of the inability to fulfill the benefit and in other situations specified by law, the relevant provisions of the Civil Code may apply, including articles 493-495 of the Civil Code,
in particular, concerning the obligation to immediately return the service (price paid) to the Consumer.
9. The total value of the order includes the price, shipping costs and any other costs incurred at The Express Request of the customer. Total price
together with the taxes of the product being the subject of the order, as well as the delivery costs (including transportation, delivery and postal charges) and other costs, and if it is not possible to determine the amount of these fees – the obligation to pay them, the customer is informed during the order, including at the time of the customer's will to be bound by the sales contract.
§ 4. Payments
1. The seller provides the customer with the following payment methods:
a) by bank transfer to the seller's bank account;
b) electronic payments and payment by credit card through authorized services:
- PayPal (Europe) S. A. R. L et. Cie, S. C. A. 22-24 Boulevard Royal L -2449 Luxembourg
- Stripe operated by Stripe Inc. 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland, 800-491-6126
according to the information provided in the online store;
2. Possible current payment methods are specified in the online store in the "payment methods"tab. Available payment methods may vary
from the delivery method or product chosen by the customer. The available payment methods may change if several orders are placed at the same time, in particular due to the products covered by them.
3. Settlements of electronic payments and payment card transactions are carried out according to the customer's choice through authorized services.
4. In the event that the seller does not receive the payment of the customer who has chosen payment in advance, i.e. payment by bank transfer, electronic payment or payment by credit card, the seller may contact the customer to remind him of the payment, including by sending an appropriate e-mail. Failure to pay within 4 days of placing the order, and then within an additional 3-day period will result in the failure to accept the submitted
by the customer as part of the offer order.
5. The order is executed after the payment has been booked.
§ 5. Delivery of product(s)
1. Delivery of the product(s) is available on the territory of the Republic of Poland and other countries of the European Union.
2. Delivery of the product(s) to the customer is paid, unless the sales agreement provides otherwise. Currently available methods and costs of product delivery
they are indicated to the customer in the "delivery costs" tab. The seller provides the customer with the following methods of delivery of the product:
a) DHL courier delivery
b) courier delivery DPD
3. The available delivery methods may depend on the payment method or product chosen by the customer. Available delivery methods are subject to change
where several orders are placed at the same time, in particular with regard to the products covered by them.
4. The total waiting time for the customer to receive the product (delivery date) consists of the time of preparation of the order for shipment
by the seller and the time of delivery of the product by the carrier.
5. The time of preparation of the order for shipment by the seller is counted from the day (the beginning of the delivery period):
a) recognition of the seller's bank account or settlement account - in the case of the customer's choice of payment method by bank transfer, electronic payments or payment card
6. To the above time must be added the time of delivery of the product by the carrier, which depends on the form of delivery chosen by the customer.
§ 6. Product/s complaint
1. It is recommended to check the contents of the parcel in the presence of an employee of the courier company / carrier at the time of delivery and draw up a complaint protocol. Checking the contents of the parcel in the presence of an employee of the courier company / carrier is free of charge and belongs to his / her duties.
2. If the delivered parcel is clearly damaged (you can see signs of flooding, significant dents, tearing of the package, etc.) it is recommended to refuse to accept it. In this case, the shipment will be immediately returned to the seller for clarification and re-delivery of the ordered product (s).
3. Legal basis and scope of the seller's liability to the customer if the product sold has a physical or legal defect (warranty)
they are specified in the provisions of the Civil Code Act, in particular in art. 556 et seq. of the Civil Code.
4. The complaint may be submitted by the customer in writing to: artinspirio.info@gmail.com if the complaint concerns a product, it is usually advisable to provide it to the seller together with the complaint in order to allow the seller to examine the product.
5. If the product sold has a defect, the customer may:
a) make a statement on price reduction or withdrawal from the sales agreement, unless the seller immediately and without undue inconvenience to the customer will replace the defective product free of defects or remove such defect. The reduced price should remain in such proportion to the price resulting from the contract, in which the value of the product with a defect remains to the value of the product without a defect. The customer may not withdraw from the contract if the defect of the product is insignificant;
b) request replacement of the product with a defect-free one or removal of the defect. The seller is obliged to replace the defective product with a defect-free one
or remove the defect in a reasonable time without undue inconvenience to the customer;
subject to and in accordance with the rules set out in the relevant provisions of the Civil Code.
6. The customer may, instead of removing the defect proposed by the seller, request the replacement of the product with a defect-free product or, instead of replacing the product, request the removal of the defect, unless bringing the product into compliance with the agreement in the manner chosen by the customer is impossible or would require
this is an excessive cost compared to the method proposed by the seller. The assessment of excess costs shall take into account the value of the defect-free product, the nature and significance of the defect found, and the inconvenience to which the customer would otherwise be exposed.
7. It is recommended that the customer provide in the description of the complaint: (1) Information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request a method of bringing the product into compliance with the sales agreement or a statement of price reduction or withdrawal
from the contract of sale; and (3) contact details of the complainant – this will facilitate and accelerate the consideration of the complaint by the seller. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
8. The seller shall respond to the customer's complaint immediately, no later than within 14 days from the date of its receipt. If the customer has requested the replacement of the item or the removal of the defect or has submitted a statement of price reduction, specifying the amount by which the price is to be reduced, and the seller has not responded to this request within 14 days from the date of its receipt, it is considered that this request was considered justified.
9. The seller is responsible for the warranty if the physical defect is found before two years from the date of issue of the product to the customer. A claim for removal of a defect or replacement of a product with a defect – free product shall expire after one year from the date of the defect's discovery, however, in the case of an order placed by a consumer, the limitation period may not end before the expiry of the period referred to in the first sentence.
§ 7. Warranty
In the case of products covered by the guarantee, information on the existence and content of the guarantee is presented on the website of the online store.
§ 8. Withdrawal from the contract of sale
1. A customer who is a consumer who has concluded a sales agreement may withdraw from it within 14 (fourteen) days without giving a reason.
2. The period for withdrawal from the contract of sale shall begin for the contract of sale under which the trader issues the product – from the date of taking possession of the product by the consumer or a third party other than the carrier indicated by him, and in the case of a contract of sale that includes many products that are delivered separately, in batches or in parts – from the date of taking possession of the last product, batch or part, for other contracts – from the date of their conclusion.
3. The consumer may withdraw from the sales contract by submitting a declaration of withdrawal to the seller. The statement can be submitted on the store's website at: artinspirio.info@gmail.com . To meet the deadline, it is sufficient to send a statement in writing to the seller's address or electronically to the following address: artinspirio.info@gmail.com before it expires.
4. The consumer may withdraw from the sales contract by submitting a statement to the seller. To meet the deadline, it is sufficient to send a statement before its expiration. The seller immediately confirms to the consumer the receipt of the form submitted via the website.
5. In case of withdrawal from the contract of sale, it is considered to be non-defective.
6. If the consumer has submitted a statement of withdrawal from the sales contract before the seller has accepted his offer, the offer ceases to be binding.
7. The seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the sales agreement, return all payments made by him, including the cost of delivering the product to the Consumer. The seller may withhold the refund of payments made by the Consumer until the customer receives the product back or provides proof of Return of the product, whichever occurs first.
8. The consumer is obliged to return the product to the seller immediately, but not later than within 14 days from the date on which he withdrew from the sales agreement. To meet the deadline, it is sufficient to return the product to the seller's address before the deadline.
9. If the Consumer exercising the right of withdrawal has chosen a method of delivery of the product other than the cheapest usual method of delivery offered by the seller, the seller is not obliged to reimburse the consumer for the additional costs incurred by him.
10. In the event of withdrawal from the sales agreement, the buyer shall bear the costs of returning the product(s) to the seller.
11. The consumer is responsible for the reduction in the value of the product resulting from the use of it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
12. The seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed
for another way of Return, which does not involve for him any costs.
13. The right to withdraw from the sales contract does not apply to the customer who is a consumer in relation to contracts in which the product is a non-prefabricated item, manufactured to the specifications of the consumer or to meet his individual needs.
14. The right to withdraw from the sales contract does not apply to the customer who is a consumer in relation to contracts in which the product is a thing that quickly deteriorates or has a short shelf life.
15. The right to withdraw from the sales contract does not apply to the customer who is a consumer in relation to contracts in which the product is an item delivered in a sealed package, which after opening the package can not be returned for health or hygiene reasons, if the package was opened after delivery.
§ 9. Protection of personal data
1. The personal data of the client / clients are processed by the seller as the personal data administrator.
2. The provision of personal data by the customer is necessary in order to conclude a sales contract or use the Newsletter service.
3. All information regarding the processing and protection of personal data is contained in the "Privacy Policy" tab available in the online store.
§ 10. Final provisions
1. These regulations shall apply from 01.01.2023.
2. Contracts concluded by the seller are concluded in accordance with Polish law and in the Polish language.
3. The content of these Terms and conditions can be recorded by printing, saving on a medium or downloading at any time from the online store.
4. Recording, securing, making available and confirming to the customer the essential provisions of the concluded Sales Agreement occurs by sending the customer an e-mail confirming the order placed and by attaching a proof of purchase to the consignment containing the product. The content of the sales agreement is additionally recorded and secured in the IT system of the online store.
5. The seller informs that the use of the online store via an Internet Browser, including placing an order, as well as establishing a telephone call, may be associated with the need to bear the cost of connecting to the Internet (data transfer fee) or the cost of a telephone call, in accordance with the tariff package of the service provider used by the customer.
6. In matters not regulated in these Terms and conditions, generally applicable provisions of Polish law and other relevant provisions of generally applicable law shall apply.
7. In the event of a dispute arising on the basis of the concluded Sales Agreement, the parties will seek to resolve the dispute amicably. Applicable law
for the settlement of any disputes arising on the basis of these Terms and conditions, Polish law shall apply.
8. The seller reserves the right to change the content of these Terms and Conditions. All orders accepted by the seller for execution before the date of entry into force of the new regulations are executed on the basis of the regulations that were in force on the day of placing the order by the customer.
After the change, the new wording of the regulations will be published on the website artinspirio.com/pl with a new date.