TERMS AND CONDITIONS OF ONLINE SHOP AND PROVISION OF OTHER ELECTRONIC SERVICES
(“THE RULES OF PROCEDURE”)
effective from: 1.03.2023 r.
I. DEFINITIONS
Terms used in these Terms and Conditions have the following meanings:
Arteco – the company Arteco Barbara Byczewska, based at ul. Wilcza 69 lok.32, 00-679 Warsaw, NIP: 526-002-31-53, REGON: 010438473, providing the Services available via the Website to the extent and under the conditions described in these Terms of Use;
Website – the website administered by Arteco, available at www.byczewski.com through which the Seller provides Services electronically;
Privacy Policy – the document describing the processing of personal data by Arteco as controller, available at www.byczewski.com.
Customer – a natural person with full legal capacity, a legal person or an entity without legal personality but with legal capacity, using the Services provided electronically under the terms described in these Terms and Conditions;
Shop – the online shop operated by Arteco at the following address: [byczewski .com];
Account – Customer’s individual account in the Store, created by completing and submitting to Arteco the Registration Form, enabling the Customer to place Orders, edit personal data, view the history of Orders placed by the Customer
Registration Form – a form available in the Shop for creating an Account.;
Login – entering an individual identifier (login) and password, allowing access to the content of the Account;
Order Form – a form available in the Shop both through the Account and outside it (without Logging in) enabling the placing of an Order, in particular by adding Products to the Basket;
Basket – an element of the Store where the Products selected by the Customer are visible and where it is possible to determine and modify the Order details;
Order – the Customer’s declaration of intent made via the Order Form, aiming directly at the conclusion of the contract of sale of the Product by Arteco;
Product – the movable goods available in the Store which are the subject of a contract of sale between the Customer and Arteco or the services provided by Arteco, the booking of which is made by the Customer through the Store;
Service – any service provided by Arteco electronically via the Website;
UŚUDE – Act of 18 July 2002. on the provision of services by electronic means (i.e. OJ. of 2020. item 344;
II. GENERAL PROVISIONS
These Regulations define the type and scope of the Services provided by Arteco, the conditions for the provision of these Services via the Website, the conditions for the conclusion and termination of contracts for the provision of the Services and the procedure for complaints, and thus constitute the document referred to in Art. 8 / 1(1) of the UŚUDE.
Arteco provides the following Services electronically via the Website:
to familiarise yourself with the content published on the Website;
establishing and maintaining an Account;
using the Basket;
placing orders in the Shop;
enabling the use of Messenger;
udostępnienie Formularza Kontaktowego;
enabling the publication of Comments.
3 Contact with Arteco is possible:
in writing to the following address: 00-679 Warsaw, Wilcza 69 lok. 32;
via email at: jacek@byczewski.com;
(4) These Terms and Conditions are available free of charge via the Website allowing to acquire, reproduce, record the content of the Terms and Conditions by means of a computer system used by the Customer.
(5) The Rules of Procedure shall constitute a model contract concluded at a distance. The content of the Terms and Conditions in the case of the use of the Services indicated in the Terms and Conditions constitutes the content of the contract for the provision of electronic services concluded between the parties.
(6) During the use of the Services, the provision of unlawful content by the Customer is prohibited.
(7) Before using the Services, the Customer is required to read and accept the Terms and Conditions by clicking the appropriate box (checkbox) before using the Services.
III. TECHNICAL REQUIREMENTS
To use the Services it is necessary to:
the Customer has a device with access to the Internet (computer, tablet, phone) and a current version of the Internet browser which supports cookies
an active electronic mail (e-mail) account,
The costs of providing the above technical conditions necessary for the use of the Services shall be borne by the Customer.
In addition, for safe use of the Services, it is recommended that the Customer’s device additionally has:
up-to-date antivirus system,
an effective security firewall,
installed available updates to the operating system and web browser which relate to security,
the function for accepting cookies and Java Script is activated in your browser.
Arteco shall not be liable for the Customer’s failure to meet the technical requirements outlined above necessary for the use of individual Services.
To the fullest extent permitted by law, Arteco shall not be liable for disruptions, including interruptions to the Services, caused by force majeure, unauthorised acts of third parties or the incompatibility of the Services with the technical infrastructure of the Customer.
Arteco shall take the utmost care to ensure that the Services provided are of the highest standard, but does not exclude the possibility of temporarily suspending the availability of the Services in the event of maintenance, overhaul or in connection with the need to upgrade or expand the Website. Arteco shall endeavour to ensure that scheduled technical interruptions for maintenance of the software and telecommunications equipment and servers used by Arteco for the Website are scheduled during night-time hours where possible. Arteco will inform customers in advance of the date and expected duration of the interruption as far as technically possible.
IV. CONTENT PUBLISHED ON THE WEBSITE
As part of the Service in question, the Customer may consult all content published by Arteco on the Website free of charge.
The contract for this Service is concluded for the duration of the actual use of the Website, each time the Customer accesses the Website.
The contract for the provision of this Service is terminated as soon as the Customer leaves the Website, which does not require any further statements from either Arteco or the Customer.
The Service may be used by any Customer, without the need to create an Account or Login.
V. BASKET MANAGEMENT
This service consists of the possibility for the Customer to keep the Products of interest in the Basket free of charge.
The contract for the provision of this Service is concluded when the Customer adds the Products to the Basket and is terminated when the Customer removes the Products from the Basket.
The termination of the Agreement does not require any further declaration by either Arteco or the Customer.
The Service may be used by any Customer, without the need to create an Account or Login.
VI. OPENING AND MAINTENANCE OF AN ACCOUNT
This service includes the possibility for the Customer to create an Account free of charge and use its functionalities. Via the Account, the Customer may independently correct his/her personal data indicated in the Registration Form or later during the use of the Account, place Orders, as well as have access to his/her Order history.
The contract for the provision of this service shall be concluded at the moment of creating an Account by providing the required personal data in the Registration Form, i.e.: first and last name, residential address, telephone, email, login and password, accepting the required statements and confirming the creation of the Account by the Customer. Once the Customer has completed and confirmed the accuracy of the personal data in the Registration Form, Arteco shall send an email to the email address provided therein, requesting the Customer to confirm the creation of the Account.
An account can only be assigned to one customer. The customer may only have one Account.
Logging into the Account is possible after the Customer has provided an individual identifier (login) and password. If the password is lost or forgotten, the Customer has the option to use the password reminder option. The password can also be changed independently by the Customer via the Account after logging in.
The Customer may not share its login and password for the Account with any other person.
The Account Agreement is concluded for an indefinite period. The Customer may cancel the Account at any time, without stating any reason and without incurring any fees for doing so, by sending an appropriate request to Arteco via one of the communication channels indicated in Clause. II.3. The account shall be deleted by Arteco immediately, but no later than within 14 days of the request by the Customer.
VII. PLACING ORDERS IN THE SHOP AND DISPATCHING ORDERS
The prices given in the Shop are expressed in Polish zloty (PLN) and are gross prices.
Arteco issues VAT invoices.
Arteco undertakes to deliver Products free from physical and legal defects.
The Customer shall be obliged to use the Products offered by Arteco in a manner that is consistent with the laws in force in the Republic of Poland and in accordance with the provisions of these Terms and Conditions.
Viewing the Products available in the Shop does not require the creation of an Account.
Placing an Order in the Shop is possible both after creating an Account and without creating an Account, after providing the necessary identification, contact and address data to enable the Order to be processed.
In the course of using the Shop via an Account, including in particular when placing an Order, the Customer may be asked to provide additional data not included in the Registration Form which is necessary to complete the Order or issue a VAT invoice.
As soon as the Customer has confirmed the creation of an Account, he/she acquires the right to use the Store’s functionalities made available by Arteco, in particular to purchase the Products currently available in the Store. At the same moment, a contract for the use of the Shop is concluded between Arteco and the Customer.
In order to place an Order it is necessary to:
log into the Shop (optional);
select the Product that is the subject of the Order and then click on the “Add to basket” button (or equivalent);
log in or use the option to place an Order without registration;
complete the Order Form,
click the “Order and pay” button
select one of the available payment methods and, depending on the payment method, pay for the order within a specified period.
Arteco provides the Customer with electronic forms of payment in the Store via PayNow.
In the event of withdrawal, the refund of the payment shall be made using the same channel by which the payment was made, unless the Customer has agreed to a different form of refund, which shall not incur any additional costs for the Customer.
If the Customer has expressed a wish to receive a VAT invoice, it is delivered electronically to the e-mail address provided by the Customer when placing the Order.
Information on delivery costs is provided at the time of determining the details of the order and depends on the type and quantity of products and the choice of the Supplier who is to deliver the Product to the Buyer.
Arteco carries out the delivery of goods via external companies. Shipping is carried out on behalf of the buyer. The buyer delegates the power of attorney to the seller to conclude the contract with the courier company on his behalf.
When receiving a delivered parcel, the Customer is obliged to check its technical and physical condition. In the event of damage to the parcel, it is advisable to draw up a damage report in the presence of the courier and to notify Arteco. The damage report is helpful for the claims procedure and its absence may make it difficult for the Customer to pursue any claims and to determine who is responsible for the damage. Complaints regarding damage incurred during shipment by a Customer who is not a Consumer will not be processed without the damage report attached.
If the Customer has requested an invoice, an invoice or an invoice without VAT, it will be delivered to the Customer electronically, either to the e-mail address specified in the order or included in the consignment being sent. The customer may request an invoice or bill immediately upon ordering or for three months following the month of purchase.
The fulfilment of an order involving physical products consists in completing the ordered products (if available in the shop) or making them in accordance with the order placed (and within the time agreed between Arteco and the Customer), then packing them for delivery to the Customer and sending them to the Customer in accordance with the form of delivery chosen by the Customer for the order.
An order is deemed to have been completed as soon as the consignment is dispatched to the Customer (entrusted to a carrier offering transport services).
The lead time depends on the product and is individually agreed with the customer. The ordered products should be released to the Customer within 30 days, unless a longer period is expressly indicated by Arteco in the product description. In such a situation, by placing an order, the customer agrees to a longer lead time resulting from the product description.
If the Customer has ordered products with different lead times indicated, Arteco’s binding lead time for the entire order is the longest of all the products included in the order, although the Seller may offer to divide the order into several independent shipments in order to accelerate the lead time for some of the products.
VIII. RIGHT OF WITHDRAWAL
A customer who is a consumer within the meaning of the Rules article. 221 of the Civil Code (a natural person who performs a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity) or a natural person who concludes a contract directly related to his/her economic activity, when the content of the contract indicates that it does not have a professional character for him/her, resulting in particular from the subject of his/her economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity, has the right to withdraw from a sales contract or a service reservation contract within 14 days, without stating any reason.
The period referred to in the paragraph of the Rules 1 starts with the delivery of the Product to the Customer.
To meet the withdrawal deadline, it is sufficient to send Arteco a statement of withdrawal, before its expiry, to the e-mail address: jacek@byczewski.com.
If the Customer sends a declaration of withdrawal by traditional mail (post, courier), the date of sending the correspondence shall be the date of withdrawal for the 14-day period to be observed.
The Customer may use the model withdrawal form attached to these Terms and Conditions, but this is not obligatory.
In the event of withdrawal, the contract shall be deemed not to have been concluded.
IX. CONTACT FORM
This service is available to any customer without the need for an Account.
In order to use the Service, the Customer should provide correct, up-to-date personal data marked by Arteco as required, via a dedicated dialog box (form) located at: www.byczewski.com/contact.
The Service is free of charge and the contract for the provision of this Service is concluded each time the Customer sends a message to Arteco via a dedicated form.
The contract for the provision of the Service is terminated as soon as it has been performed (sending of the message) and does not require any further statements from either Arteco or the Customer.
X. COMPLAINTS
The Customer has the right to make a complaint about the Product.
The Customer may submit a complaint to Arteco using the following communication channels:
by e-mail to: jacek@byczewski.com;
in writing – to the following address: Wilcza 69 / 32, 00-679 Warsaw
The complaint shall contain at least the first name, surname and the e-mail or postal address of the Customer to which Arteco is to respond to the complaint, the company name in the case of a Customer who is an entrepreneur, the order number, identification of the Product and a description of the objections raised, together with the Customer’s request relating to the complaint.
Arteco reserves the right to leave complaints that do not meet the conditions set out in Paragraph 3 without consideration. in particular if the information provided does not allow the customer to be identified or contacted to clarify the complaint.
Arteco shall consider submitted complaints within 14 days of receiving all the information necessary to consider the complaint. In particularly complex cases that do not allow the complaint to be dealt with within 14 days, Arteco reserves the right to extend the period for dealing with the complaint to 30 days. In such a case, Arteco shall inform the Customer of the extension of the deadline for processing its complaint before the expiry of the 14-day period, stating the reason for the delay.
XI. RESOLUTION OF DISPUTES
In the case of disputes involving a Customer who is a consumer, there is the possibility of using out-of-court means of handling complaints and claims and resolving disputes, i.e:
1.1. a consumer, in order to resolve a dispute amicably, can, for example, submit a complaint via the ODR online platform (European online dispute resolution platform);
1.2. The consumer has the right to make use of out-of-court dispute resolution, in particular by submitting, after the conclusion of the complaint procedure, a request for mediation or a request for arbitration.
XII. PROCESSING OF PERSONAL DATA
The administrator of the customer’s personal data is Arteco.
Detailed information on the processing of Customers’ personal data can be found in the Privacy Policy.
In connection with the use of online payments via [PayNow], the entity becomes a separate controller of the Customer’s personal data in connection with payment processing.
XIII. COPYRIGHTS
Exclusive rights to the content made available in the Shop, in particular copyrights to images, names, trademarks of the Shop and its Products, including graphic elements, software and database rights, are protected by law and vested in Arteco or third parties with whom Arteco has entered into appropriate agreements.
It is prohibited to copy or otherwise use any elements of the Shop without Arteco’s consent.
XIV. FINAL PROVISIONS
Arteco reserves the right to amend these Terms and Conditions for important reasons, in particular changes to the law, changes to payment methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. Arteco shall inform the Customer of any change at least 7 days in advance.
Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code, UŚUDE, Consumer Rights Act, Personal Data Protection Act.
Annex 1
INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL
You have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period expires 14 days after the conclusion of the contract. To exercise your right of withdrawal, you must inform Arteco, e-mail: jacek@byczewski.com, of your decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or e-mail).
You may use the model withdrawal form below, but this is not obligatory. In order to comply with the withdrawal period, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired. In the event of withdrawal, all payments received from you, if any, will be reimbursed immediately and in any event not later than 14 days from the day on which we are notified of your decision to exercise your right of withdrawal from this contract. Refunds of payments, if any, will be made using the same means of payment as you used in the original transaction, unless you have expressly agreed otherwise. You will not incur any charges in connection with this return.
Model withdrawal form:
Addressee: Arteco Barbara Byczewska
I [IMIĘ I NAZWISKO], on behalf of myself/company [nazwa firmy], inform you of the withdrawal from the [proszę opisać przedmiot umowy]contract. The date of the conclusion of the agreement is [data zawarcia umowy]. [IMIĘ I NAZWISKO] [ADRES] [DATA] [PODPIS](only if the form is sent on paper)
