The Rules

The Rules

 

 

The Rules for distance sale of goods and rendering of electronic services – The Online Store Rules

 

• 1

 

Introduction. These Rules set out terms and conditions of use of the online store available at https://artanddoll.com/ and run by Fundacja Grupa T with its registered office in Toruń (post code: 87-103) at ul. Toruńska 68, entered in the National Court Register – the register of entrepreneurs by the District Court in Toruń, 7^th Commercial Division of the National Court Register as KRS number: 0000426592, NIP 8792668449, REGON number 341319980, (hereinafter referred to as the Seller), and, in particular, set out principles of placing Orders and concluding sale agreements means of distance communication as well as using of all services of the Online Store by customers.

 

• 2

 

The glossary of terms

 

The terms used in these Rules have the following meaning:

 

1. Customer - a natural person, including a Consumer, who is over 18 years of age and has full capacity for acts in law as well as a legal person or an organizational institution that is not a legal person, but to whom specific provisions of law grant legal capacity and which has placed or intends to place an Order or uses other services of the Online Store. A legal person or a legal person without a corporate status as referred to above may only be registered by a natural person who is authorized to perform any activities connected with registration on their behalf as well as to exercise a Customer’s all rights and obligations.

 

2. A Consumer - a natural person who is a consumer within the meaning of art. 221 of the Civil Code as of 23^rd April 1964, i.e. performing an act in law with the Seller not directly related to its business or professional activities.

 

3. The Account (a Customer’s Account) - a subpage of the Online Store, on which the Customer may, among others, manage personal data, manage the status of Orders placed by him/her and place Orders after logging in without having to provide his/her personal data.

 

4. The Rules - these Rules of sale using means of distance communication and rendering of services by electronic means. As regards services rendered electronically, these Rules are the rules referred to in art. 8 of the Act on rendering of electronic services as of 18^th July 2002.
5. Registration - a one-time free-of-charge activity consisting in setting up a Customer’s Account by the Customer with the use of the administration panel provided by the Service Provider on the Online Store website.

 

6. The Online Store (hereinafter also referred to as the "Store") - a website available at https://artanddoll.com/ through which the Customer may place Orders as well as use other Services of the Online Store.

 

7. A Party – the Seller or a Customer;

 

8. Goods - a movable item included in the offer in the Seller’s Store and an object of the Sale Agreement;

 

9. Sale Agreement - a sale agreement within the meaning of the Civil Code, concluded between the Seller and a Customer using means of distance communication through the Store with it object being the Goods.

 

10. Service (Services) - a service rendered by the Seller electronically through the Online Store and upon terms set out in the Rules.

 

11. The Act – the Act on consumer rights as of 30^th May 2014 (Journal of Laws 2014, item 827)

 

12. An Order - an order placed by distance sale of goods included in the Seller's offer and available in the Online Store, aiming directly at conclusion of a Distance Sale Agreement via the Online Store, specifying the type and number of Goods constituting the object of the Sale Agreement;

 

• 3

 

Obligations of the Parties

 

1. A Customer is obliged to use the Services offered by the Seller in compliance with the provisions of law in force in the territory of the Republic of Poland and provisions of the Rules.

 

2. The Seller is obliged to deliver the Goods free of defects.

 

3. If the buyer is a Consumer, the Seller will be obliged to deliver the item to the buyer immediately, however, no later than within thirty days from the date of conclusion of the Sale Agreement, unless the Sale Agreement provides otherwise (e.g. a different delivery due date is provided in the description of the Goods).

 

• 4

 

Orders

 

1. A Customer may place Orders for the Goods included in the current offer of the Online Store for 7 days a week and 24 hours a day, regardless of whether he/she has registered or not. The Customer may register on the home page of the Online Store by selecting the "LOG IN" option or during the Order placement process. If an Order is placed without Registration, the Customer has to provide data necessary in order to complete the Order.

 

2. In order to conclude a Distance Sale Agreement for the Goods via the Online Store, a Customer should go to the website of the Online Store, select the Goods, add the Goods to the basket and place an Order by taking further technical steps explained in messages or information displayed to the Customer.

 

3. A condition for placing an effective Order and concluding a Sale Agreement is the Customer’s reading and accepting the Rules.

 

4. A Sale Agreement is concluded upon placing an Order.

• 5

 

Prices, payments and delivery of Goods

 

1. The prices in the Store are given for each of the Goods and are expressed in Polish zlotys. The prices are gross prices, i.e. they include VAT.

 

2. The prices of the Goods do not include delivery costs, which are indicated in the process of placement of each Order. The total value of an order includes the price of the Goods and delivery costs, if the delivery costs are borne by the Customer.

 

3. Orders are carried out via courier companies.

 

4. All delivery and payment options are described in detail in the tabs under the links: https://artanddoll.com/en_US/i/Lead-time-and-costs/17 and https://artanddoll.com/en_US/i/Methods-of-payment/18

 

5. A Customer may pay the price in the following way:
6. a) cash on delivery, i.e. in cash upon receipt of the Goods (cash on delivery shipping),

 

24. b) through Przelewy24.pl website (provided by PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto i Wilda in Poznań, 8^th Commercial Division of the National Court Register as KRS number 0000347935, NIP 7792369887, REGON 301345068), hereinafter referred to as "przelewy24.pl" by bank transfer or a credit/debit card,

 

1. c) using a traditional transfer to the account of Art and Doll, Toruńska 65a, 87-103 Toruń

   NICOLAUS BANK IN TORUŃ PL15 9511 0000 0022 2801 2000 030,BIC (SWIFT) GBWCPLPP,

1. d) available payment methods to be used for payments: Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.

 

If funds have to be refunded for a transaction made by a customer using a payment card, the seller will refund the amount to the bank account assigned to the customer’s payment card.

 

6. If a Customer chooses to pay the price for the Order using the methods referred to in § 5, par. 5 in b) to d), the payment for the Order should be made within three (6) hours from placing a given Order. In the absence of payment within the above-mentioned period, the Order will be cancelled automatically. Placing an Order will require its re-submission, depending on availability of the Goods.

 

7. An order of the Goods will be processed (to be shipped) immediately after conclusion of the Sale Agreement, however, in case of payment by bank transfer (prepayment) via the services referred to in par. 5 lit. c), the Goods will be shipped only after payment for the Goods has been credited to the Seller's bank account.

 

If a Customer chooses to pay by bank transfer or payment card, the lead time shall be counted from the date of crediting the Seller's bank account or settlement account with the payment amount.

 

8. In case of cash on delivery, a Customer undertakes to collect and pay for the purchased Goods (including shipping costs) directly from a courier delivering the shipment. In the event of the Customer evades payment for the delivered shipment, i.e. in the event of failure to perform the Sales Agreement by the Customer, the Courier Company will return the shipment to the Seller (no later than 14 days after the first delivery attempt). In such a situation, i.e. if the Customer fails to perform the Sale Agreement, the Seller may demand that the Customer should meet his/her contractual obligations as well as redress damage caused as a result of the Customer’s failure to perform the Sale Agreement, which means, in particular, covering the costs of return shipping and request for performance of the Sale Agreement.

 

9. By accepting these Rules, a Customer requests and expresses his/her consent to the Seller to issue an invoice with the data indicated by him/her as a document confirming conclusion of the Sale Agreement. The Customer also expresses his/her consent to sending invoices, correcting invoices and duplicates of these documents in an electronic format to the e-mail address provided during Registration or when placing an Order (for Orders placed without Registration).

 

10. If an Order cannot be delivered in whole or in part, in particular, due to the lack of given Goods in the Seller's warehouse or physical defects that have not been reported to a Customer are found in the given Goods, the Customer will be notified of the same in an electronic message. If the Customer has already paid for this Order, any amounts relating to the undelivered part of the Order shall be refunded to the Customer immediately with the use of the same method of payment as chosen by the Customer.

 

Collection of the Goods

 

11. When collecting the ordered Goods, we suggest that the Consumer should check the shipment and indicate that in the event of:
12. a) mechanical damage to the contents of the shipment,
13. b) incomplete shipment
14. c) inconsistency of the contents of the shipment with the object of the Order, the Consumer will be entitled to refuse to accept the shipment. In this case, we suggest that the Customer should write down his/her remarks or notes concerning the event in the supplier’s presence and notify the Service Provider of the situation forthwith. In any case, we suggest that a report on damage should be prepared in the supplier’s presence.

 

12. A customer who is not a Consumer will be obliged, upon collecting the shipment, to check its contents and, if at the time of collection of the shipment the packaging shows any signs of damage or interference with its contents by third parties, the customer should refuse to accept the goods and prepare a report on damage in the courier’s presence and report on the same to the Customer Service Department by e-mail (iza.grupat@wp.pl). Any complaints regarding mechanical damage to the Goods during transport will be considered only after preparation of a report on damage signed by the recipient who is not a Consumer and the supplier of the shipment.

 

13. The Seller reminds that under art. 548. § 1 of the Civil Code, as of release of an item sold, any benefits and burdens related to the item (Goods) and the risk of accidental loss or damage to the item (Goods)will pass to the buyer (Customer).

 

14. If the Goods are to be sent by the Seller to the Consumer, the risk of accidental loss or damage to the Goods will pass to the Consumer upon delivery of the Goods to the Consumer.

 

• 6

Promotions

 

1. The Seller may carry out periodic promotional campaigns in the Online Store. The rules of promotions have been set out in separate Promotion Rules. In the event of a conflict between provisions of the Promotion Rules and these Rules, the provisions of the Promotion Rules shall prevail.

• 7

 

A Consumer's right to withdraw from the Agreement (return of Goods)

 

1. A Consumer may withdraw from the Agreement on sale of Goods concluded remotely without giving any reason and by submitting a relevant statement in writing, within 14 (fourteen) days and the period shall run from taking possession of the item by the Consumer or a third party indicated by him (other than the carrier), and in case of an agreement that covers a lot of items that are delivered separately, in batches or in parts - from taking possession of the last item, batch or part. In order to meet the deadline, it will be sufficient to send an appropriate statement before elapse of the deadline to the e-mail address: kontakt@artndoll.pl or the Seller's correspondence address: ART AND DOLL, ul. Toruńska 65a, 87-103 Toruń.

 

2. In the event of withdrawal from the Agreement on sale of Goods concluded remotely, the agreement shall be considered void.

 

3. If a Consumer submitted a declaration on withdrawal from the Sale Agreement before the Seller accepted his/her offer, the offer shall cease to bind.

 

4. A consumer is obliged to return the Goods to the Seller or hand them over to the person authorized by the Seller to collect the same immediately, however, no later than within 14 days from the day, on which he/she withdrew from the Sale Agreement, unless the Seller proposed that he would collect the Goods himself/herself. In order to meet the deadline, it will be sufficient to send the Goods back before elapse of the deadline. The Goods should be packed in a manner that guarantees safe transport of the same.

 

5. A consumer shall bear direct costs of returning the Goods (costs of sending the Goods back)

 

6. A consumer shall be responsible for any decrease in the value of the Goods as a result of using the Goods in a manner that exceeds what is necessary in order to establish the nature, characteristics and functioning of the Goods.

 

The Seller’s obligations

 

7. No later than within 14 days from receipt of receipt of a Consumer's statement on withdrawal from the Sale Agreement, the Seller shall be obliged to return to the Consumer all payments made by the Consumer, including costs of delivery of the Goods and, if the Seller has not offered to collect the Goods from the Consumer himself/herself, the Seller may refrain from reimbursing payments received from the Consumer until receipt of the Goods back or the Consumer’s delivery of proof of return of the Goods, depending on which of the events occurs first. The Seller shall reimburse costs of delivery of the item up to the amount corresponding to the cheapest shipping option available for a given Order.

 

8. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for the Consumer.

 

9. If a Consumer has chosen a method of delivery of the Goods other than the cheapest usual method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for additional costs incurred in this respect. The Seller shall not be obliged to reimburse the Consumer for costs of delivery of the item to the Consumer, if the Consumer withdrew from the agreement only in part and ordering of the Goods, in relation to which the Consumer withdrew from the Sale Agreement, did not affect the cost of delivery of the entire Order. If the Consumer withdrew from the Sale Agreement only in part and ordering of the Goods, in relation to which the Consumer withdrew from the Sale Agreement, affected costs of delivery, the Seller shall be obliged to reimburse for that part of costs of delivery of the Goods to the Consumer, which was covered in the Sale Agreement as regards the given Goods.

 

10. We suggest attaching a proof of purchase in order to facilitate the return process. Statutory exclusion of the right to withdraw from the Sale Agreement.

 

11. The right to withdraw from the agreement does not apply in the situations referred to in art. 38 of the Act, i.e. in relation to agreements

 

1. a) on rendering of services, if the entrepreneur has performed the service in full at an express consent of a Consumer, who was informed, before the commencement of the service, that after performance of the service by the entrepreneur, the Consumer will lose the right to withdraw from the agreement,

 

1. b) in which the price or remuneration depends on fluctuations in the financial market, for which an entrepreneur is not responsible and which may occur before the deadline for withdrawal from the agreement,

 

1. c) in which the object of the service is a non-prefabricated item manufactured according to a consumer's specifications or serving to meet the consumer’s specific needs,

 

1. d) in which the object of the service includes items that, after delivery, are, due to their intrinsic nature, inseparably connected with other items,

 

1. e) concluded by way of a public auction.

 

12. In case of other Customers, who do not have the status of a Consumer, the principles and deadlines for withdrawal from the agreement are governed by the provisions of the Civil Code.

 

• 8

A warranty for physical defects of the Goods (Complaints)

 

1. The Seller is obliged to deliver the Goods free of defects and shall be responsible for defects in the Goods.

 

2. A physical defect consists in non-compliance of the sold Goods with the Sale Agreement.

 

3. The Seller shall not be liable for defects in the Goods, if the Goods have mechanical damage that was not reported to the carrier upon receipt of the shipment, which, however, does not apply to agreements concluded with Consumers.
4. We suggest attaching a proof of purchase in order to improve the complaint procedure. The basis for accepting a complaint is any proof, including, in particular, a proof of purchase of the Goods (a receipt or VAT invoice).
5. If the Goods sold have a defect, the Customer may

 

1. a) demand that the Goods should be replaced with those free of defects or

 

1. b) demand that a defect should be removed or

 

1. c) submit a statement on reduction of the price or withdrawal from the Sale Agreement, unless the Seller, immediately and without undue inconvenience to the Customer, replaces the defective Goods with those free of defects or removes the defect. This limitation shall not apply, if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with an item free of defects or remove the defect as referred to in par. a) or b). The costs of replacement and repair of defective goods (subject to Article 5611 § 2 and 3 of the Civil Code) shall be borne by the Seller. Costs of delivery of defective goods to the Seller shall be reimbursed to the Customer using the same payment methods that were used in the original transaction, unless the Parties agree otherwise.

 

6. If a Consumer finds non-compliance of the Goods with the Sale Agreement (a physical defect), the Consumer should send the Goods covered by the complaint back to the Seller along with a description of the non-compliance.

 

7. The Seller shall be liable under the warranty, if a physical defect is found within two years from the date of delivery of the Goods.

 

8. The Seller undertakes to consider each complaint within 14 days. A defective item will be replaced with an item free of defects or the defect will be removed within a reasonable period of time, about which the Buyer will be informed, and without undue inconvenience to the Buyer.

• 9

 

Other rights and obligations

 

1. The agreement on rendering of electronic services (on use of the online store) shall be concluded for an indefinite period.

 

2. Each of the Parties may terminate the agreement on rendering of electronic services (on use of the Online Store infrastructure – the Customer’s Account) at any time and without giving reasons, subject to retaining of rights acquired by the other Party before the termination of the agreement and the below provisions.
3. A Customer who has registered shall terminate the agreement on rendering of electronic services by deleting the Account on his/her own or submitting a request to delete the Seller's Account, however, in case of a request to delete the Seller's Account, the agreement shall be terminated upon elapse of the period of notice 21 days.

 

4. The Seller, wishing to terminate the agreement on rendering of electronic services, will inform the Customer to the e-mail address provided by the Customer during Registration, within 14 days before the planned date of deletion of the Customer’s Account.

 

5. The Seller has the right to terminate the agreement on rendering of electronic services with immediate effect or suspend rendering of services in favour of the Customer, if the Customer infringes the provisions of these Rules and as a result of an ineffective request to the Customer to cease the above-mentioned infringement with a period of at least 3 business days. It is not mandatory to send the above-mentioned request to the Customer, if the Customer’s action infringes provisions of applicable law.

• 10

 

General conditions of use of the Online Store

 

1. The Seller renders the following Services via the Online Store:

 

1. a) presentation of the offer of the Online Store,

 

1. b) an option of placing Orders for the Goods available in the Online Store and, thus, concluding Distance Sale Agreements,

 

1. c) an option to use the Customer’s Account,

 

 

 

2. The access to the services referred to in par. 1, subparagraph 1-2 above does not require Registration.

 

3. The access to the service referred to in par. 1, subparagraph 3 above requires Registration.

 

4. In order to use the Online Store, a Customer must have a device with access to the Internet equipped with a web browser (recommended: Mozilla Firefox version 24.0 or higher, Opera version 10 or higher, Google Chrome version 28.0 or newer or MS Internet Explorer version 8.0 or newer) which ensures handling of cookies and Javascript. It is acceptable to use other versions of web browsers, if they ensure full compatibility with the aforementioned versions.

 

5. In order to ensure the security of use the Online Store, it is recommended that the device used by the Customer should have, in particular:
6. a) an anti-virus system with the latest version of virus definitions and updates,
7. b) an effective security firewall (firewall),
8. c) all available updates of the operating system and web browser related to security installed,
9. d) activated function of accepting cookies and Java Script in the web browser,
10. e) software enabling reading of files in PDF format.

 

• 11

 

Settlement of disputes

 

1. Any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to resolution of competent courts in accordance with relevant provisions of the Code of Civil Procedure.
2. Any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to a court competent for the Seller’s registered office.

• 12

Personal data

 

1. The controller of personal data shall be the Seller, whose registration and contact details are indicated in provisions of § 1 of the Rules.

 

2. The controller has not appointed a Personal Data Protection Inspector.

 

3. Personal data are processed under with Regulation (EU) 2016/679 of the European Parliament and of the Council as of 27^th April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the GDPR) and other generally applicable regulations.

 

4. Data obtained by the Administrator in the process of placement of orders and conclusion of agreements on sale shall be processed in connection with (processing purposes):

 

1. a) the need to perform agreements concluded between the Customer and the Controller as well as actions taken prior to the conclusion of the agreements at the Customer's request (Article 6(1)(b) of the GDPR),

 

1. b) necessary fulfilment of the Controller’s legal obligation (Article 6(1)(c) of the GDPR).

 

5. If a Customer starts to subscribe the newsletter, personal data shall be processed as based on a consent to processing of personal data for marketing purposes in connection with sending of commercial information in the form of a newsletter (Article 6(1)(a) of the GDPR).

 

6. The Customer's personal data may be processed in connection with the Controller’s legitimate interest of in order to secure and pursue claims (Article 6(1)(f) of the GDPR).

 

7. Providing personal data is voluntary, but required to place an order, conclude a sale agreement and perform the agreement properly.

 

8. The Buyer's personal data may be transferred, depending on the selected method of delivery of an order and method of payment, to the selected carrier or shipping agent at the Controller’s request and for the purpose of delivery as well as to an entity handling electronic payments or payments by card, entities performing non-cash payments for the Controller, entities concluding a consumer loan agreement with the Customer for the purchase of the Goods, entities rendering hosting/server services and IT sector entities industry maintaining the online store.

 

9. Personal data are stored for the period necessary to: (1) secure or seek any claims arising from the agreement, (2) after-sale services for the Buyer (handling of complaints), (3) fulfil the legal obligation imposed on the Controller (resulting, for example, from accounting and tax provisions). Personal data processed for marketing purposes and purposes other than those mentioned above will be processed until revocation of the previously expressed consent to processing of the same for the purpose or until an objection is lodged.

 

10. In the Controller should plan to further process personal data for a purpose other than the purpose, for which the personal data were collected, then, before such further processing, the Controller shall inform about the other purpose and provide any other relevant information.

 

11. The Buyer has the right to request from the Personal Data Controller access to their personal data, rectification, deletion or limitation of processing of the same as well as the right to object to processing of the data and transfer the same. The Buyer also has the right to lodge a complaint with the supervisory authority.

 

12. More detailed information concerning the processing of personal data can be found in the Privacy Policy.

 

13. Personal data will be subject to automated processing, including profiling, for rendering of services related to performance of the agreement and direct marketing. Such processing may result in sending contextual advertising and sharing information on the history of purchases as well as collecting information necessary to make payments.

 

• 13

 

Final provisions

 

1. A Consumer has the right to negotiate the terms of these Rules. In order to exercise this right, the Consumer should contact the Seller via traditional mail, e-mail or telephone.

 

2. To any matters not regulated herein, generally applicable provisions of law shall apply.

 

3. Customers may access these Rules at any time and free of charge via an internet link (i.e. a link) on the home page of the Online Store and print the same.

 

4. Information about the Goods offered in the Store and, in particular, their descriptions, technical and functional parameters and prices, constitute an invitation to conclude an agreement within the meaning of Art. 71 of the Civil Code.

 

5. Exclusive rights to the contents made available in the Online Store and, in particular, copyrights to photographs, the name of the Store, the Seller’s trademarks and trademarks of producers of the Goods, their graphic elements, software and rights in the field of databases shall be subject to legal protection and be vested in the Seller or entities with whom the Seller has concluded relevant agreements. It is forbidden to copy or use any other elements of the Store without the Seller’s consent.