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ONLINE STORE REGULATIONS

www.artemidadesign.com

 

§ 1

GENERAL PROVISIONS

 

  • Store operates under the terms and conditions set forth in these Terms and Conditions.
  • The Terms and Conditions specify the terms and conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.artemidadesign.com Store, the rules for providing these services, and the terms and conditions for concluding and terminating agreements for the provision of electronic services.
  • Each Service Recipient is obligated to comply with the provisions of these Terms and Conditions upon taking steps to use the Electronic Services of the www.artemidadesign.com Store.
  • In matters not regulated in these Terms and Conditions, the provisions of:

    - the Act on the Provision of Electronic Services of July 18, 2002,

    - the Consumer Rights Act of May 30, 2014,

    - the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016,

    - the Civil Code of April 23, 1964, and other relevant provisions of Polish law shall apply.

 

§ 2

DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS

 

  • ORDER FORM – the form available on the website www.artemidadesign.com enabling the placement of an Order.
  • CUSTOMER – the Service Recipient who intends to enter into or has entered into a Sales Agreement with the Seller.
  • CONSUMER – a natural person who enters into a legal transaction with the entrepreneur that is not directly related to their business or professional activity.
  • ENTREPRENEUR - a natural person, a legal person, or an organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
  • PRODUCT - a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  • REGULATIONS - these Store regulations.STORE - the Service Provider's online store operating at www.artemidadesign.com
  • SELLER, SERVICE PROVIDER - Anbart Ewa Czerniawska, 82-300 Elbląg, ul. Malborska 90/43
  • SALES AGREEMENT - a Product Sales Agreement concluded between the Customer and the Seller via the Store.
  • ORDER - a declaration of intent by the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.
  • PRICE - the value expressed in monetary units that the Customer is obligated to pay to the Seller for the Product.

 

§ 3

INFORMATION REGARDING PRODUCTS AND ORDERING

 

  • The www.artemidadesign.com Store sells Products online.
  • The Products offered in the Store are new, compliant with the contract, and have been legally introduced to the Polish market.
  • The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer is making an offer to purchase a specific Product under the terms specified in its description.
  • The Product price displayed on the Store's website is given in Polish zloty (PLN) or Euro (EUR) and includes all components. The price does not include shipping costs.
  • Orders can be placed online using the Order Form (www.artemidadesign.com Store) – 24 hours a day, year-round.
  • The Customer may place an Order in the Store upon reviewing the Terms and Conditions and accepting their provisions at the time of placing the Order.

 

§ 4

CONCLUSION OF A SALES AGREEMENT

 

  • To conclude a Sales Agreement, the Customer must first place an Order using the method provided by the Seller, in accordance with § 3 points 5 and 6 of the Terms and Conditions.
  • After placing the Order, the Seller immediately confirms its receipt.
  • Confirmation of acceptance of the Order, referred to in point 2 of this section, binds the Customer to their Order.
  • Confirmation of receipt of the Order is sent by email.
  • Confirmation of receipt of the Order includes:
    - confirmation of all essential elements of the Order,
    - a withdrawal form,
    - these Terms and Conditions, including instructions on the right to withdraw from the Agreement.
  • Upon receipt by the Customer of the email referred to in point 4 of this section, a Sales Agreement is concluded between the Customer and the Seller.
  • Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.

 

§ 5

PAYMENT METHODS

 

  • The Seller offers the following payment methods:
    - payment by traditional bank transfer to the Seller's bank account,
    - payment via an electronic payment system.
  • For payments by traditional bank transfer, payment should be made to the following bank account number:
    PL71 1160 2202 0000 0006 6864 2642 (Bank Millenium S.A.)
  • The transfer reference should include "Order No....".
  • For payments via an electronic payment system, the Customer must pay before the Order is processed. The electronic payment system allows payment by credit card or quick transfer from selected Polish banks.
  • The Customer is obligated to pay the price under the Sales Agreement within 2 business days of its conclusion, unless the Sales Agreement provides otherwise.
  • The Product will be shipped only after payment has been received.

 

§ 6

PRODUCT DELIVERY COSTS, TIME, AND METHODS

 

  • Product delivery costs, which are borne by the Customer, are determined during the Order placement process.
  • The Product delivery time consists of the Product assembly time and the carrier's delivery time:
    - Product assembly time is up to 14 business days,
    - Products that are movable goods are delivered by the carrier within the time declared by the carrier, i.e., within 7 business days from the date of shipment (delivery takes place only on business days, excluding Saturdays, Sundays, and public holidays).
  • Products purchased in the Store are shipped only within Poland via Poczta Polska or a courier company.

 

§ 7

PRODUCT COMPLAINTS

 

  • Complaints regarding non-conformity of the Product with the contract.
    - The basis and scope of the Seller's liability towards the Customer who is a Consumer for the lack of conformity of the Product with the contract are specified in the Consumer Rights Act of 30 May 2014.
    - The basis and scope of the Seller's liability towards the Customer who is an Entrepreneur under the warranty are specified in the Civil Code of 23 April 1964.
    - The Seller is liable towards the Customer who is a Consumer for any lack of conformity of the Product with the contract existing at the time of delivery and disclosed within 2 years from that time, unless the expiration date of the Product specified by the Seller or persons acting on their behalf is longer.
    - Notification of the lack of conformity of the Product with the contract and the submission of an appropriate request can be made via email to: furniture.by.artemida@gmail.com
    - in the above message Please provide as much information and circumstances as possible regarding the subject of the complaint in writing or electronically, in particular the type and date of the irregularity and contact details.
    - The information provided will significantly facilitate and expedite the processing of the complaint by the Seller.
  • To assess the irregularities and non-conformity of the Product with the contract, the Consumer is obligated to make the Product available to the Seller, and the Seller is obligated to collect it at their own expense.
  • The Seller will respond to the Customer's request immediately, no later than within 14 days of filing the complaint.
  • In the case of a complaint from a Customer who is a Consumer, failure to process the complaint within 14 days of filing it is tantamount to its acceptance. In connection with a justified complaint from a Customer who is a Consumer, the Seller will:
    - cover the costs of repair or replacement and re-delivery of the Product to the Customer,
    - reduce the price of the Product (the reduced price must be proportional to the price of the goods that are compliant with the contract and the goods that are non-compliant) and refund the value of the reduced price to the Consumer no later than within 14 days of receiving the statement. about a price reduction from the Consumer,
    - in the event of withdrawal from the contract by the Consumer, the Seller will refund the price of the Product no later than 30 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer is obligated to immediately return the goods to the Seller at the Seller's expense.
  • The response to the complaint is provided on paper or another durable medium, e.g., email or text message.

 

§ 8

RIGHT OF WITHDRAWAL

 

  • Subject to point 10 of this section, a Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting an appropriate declaration within 14 days.
  • In the event of withdrawal from the contract, the Sales Agreement is deemed null and void, and the Consumer is obligated to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to return the Product before its expiry.
  • In the event of withdrawal from the Sales Agreement, the Product must be returned to the following address:
    Poland
    82-300 Elbląg
    ul. Malborska 90/43
    Artemida Design Furniture

 

  • The Consumer is liable for any diminished value of the Product resulting from use beyond what is necessary to determine the nature, characteristics, and functioning of the Product, unless the Seller has failed to inform the Consumer or the entity referred to in § 10 about the method and deadline for exercising the right to withdraw from the contract and has failed to provide them with a withdrawal form template. In order to determine the nature, characteristics, and functioning of the Products, the Consumer should handle and inspect the Products only in the same manner as they would do in a store.
  • Subject to points 6 and 8 of this section, the Seller will refund the value of the Product, including delivery costs, using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different refund method that does not incur any costs for them. Subject to point 7 of this section, the refund will be made immediately, and no later than 30 days from the Seller's receipt of the declaration of withdrawal from the Sales Agreement.
  • If the Consumer has chosen a Product delivery method other than the least expensive standard delivery method offered by the Store, the Seller is not obligated to reimburse the Consumer for any additional costs incurred.
  • If the Seller has not offered to collect the Product from the Consumer, the Seller may withhold reimbursement of payments received from the Consumer until the item is received back or proof of its return is provided, whichever occurs first.
  • A Consumer withdrawing from a Sales Agreement, in accordance with point 1 of this section, shall only bear the costs of returning the Product to the Seller.
  • The fourteen-day period within which the Consumer may withdraw from the agreement shall be counted for agreements in which the Seller delivers the Product and is obligated to transfer ownership thereof – from the day on which the Consumer (or a third party designated by the Consumer, other than the carrier) takes possession of the Product.
  • The right to withdraw from a distance contract does not apply to the Consumer in the case of a Sales Agreement, including one in which the subject of the performance is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet their individual needs.
  • The right to withdraw from the Sales Agreement applies to both the Seller and the Customer if the other party fails to fulfill its obligation within the strictly specified timeframe.

 

§ 9

TYPE AND SCOPE OF ELECTRONIC SERVICES

 

  • The Service Provider enables the use of an Electronic Service through the Store, which involves concluding Product Sales Agreements.
  • The provision of Electronic Services to Service Recipients in the Store is subject to the terms and conditions specified in the Terms and Conditions.
  • The Service Provider has the right to post advertising content on the Store's website. This content constitutes an integral part of the Store and the materials presented therein.

 

§ 10

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

 

  • The provision of the Electronic Service specified in § 9, point 1 of the Terms and Conditions by the Service Provider is free of charge.
  • The agreement for the provision of Electronic Services, which allows the placing of an Order in the Store, is concluded for a fixed term and terminates upon the placing of an Order or upon the Service User's cessation of placing an Order.
  • Technical requirements necessary for cooperation with the IT system used by the Service Provider:
    - a computer (or mobile device) with Internet access,
    - email access,
    - a web browser,
    - cookies and Javascript enabled in the web browser.
  • The Service User is obligated to use the Store in a manner consistent with the law and good practice, with due regard for the personal rights and intellectual property rights of third parties.
  • The Service User is obligated to enter data that is accurate.
  • The Service User is prohibited from providing illegal content.

 

§ 11

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

 

  • Complaints related to the provision of Electronic Services through the Store may be submitted by the Service User via email to: furniture.by.artemida@gmail.com
  • In the above email, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details.
  • The information provided will significantly facilitate and expedite the processing of the complaint by the Service Provider.The Service Provider will process the complaint promptly, no later than 14 days from the date of submission.
  • The Service Provider's response to the complaint will be sent to the Customer's email address provided in the complaint or in another manner specified by the Customer.

 

§ 12

FINAL PROVISIONS

 

  • Agreements concluded through the Store are concluded in accordance with Polish law.
  • In the event of any inconsistency between any part of the Terms and Conditions and applicable law, the relevant provisions of Polish law shall apply in place of the disputed provision of the Terms and Conditions.
  • All disputes arising from Sales Agreements between the Store and Consumers will be resolved primarily through negotiation, with the intention of resolving the dispute amicably, taking into account the Act on Extrajudicial Resolution of Consumer Disputes. However, if this is not possible or is unsatisfactory for either party, the dispute will be resolved by a competent common court, in accordance with point 4 of this section.
  • Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.
  • A Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting, after the complaint procedure is completed, a request to initiate mediation or a request for consideration by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Consumers may also seek free assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is completed is free of charge.
  • Consumers seeking an amicable resolution of their dispute may, in particular, submit a complaint via the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/.