Statute
§ 1
Preliminary Provisions
1. Martai.art online store, available at the internet address https://martaiart.wixsite.com/martaiart is run by Marta Iwanowska with its registered office in Warsaw at ul. Literacka 13A/40.
2. These regulations are addressed to Consumers and define the rules and procedure for concluding a Distance Sales Agreement with the Consumer via the Store.
§ 2
Definitions
1. Consumer - a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business activity or
2. Seller - a natural person conducting unregistered activity.
3. Customer - any entity making purchases via the Store.
4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, which uses the Store.
5. Store - an online store run by the Seller at the Internet address https://martaiart.wixsite.com/martaiart
6. Distance contract - a contract concluded with the Customer as part of an organized system for concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication, up to and including the time of conclusion of the contract.
7. Regulations - these Regulations of the Store.
8. Order - Customer's declaration of will submitted via email or message on social media, and aimed directly at concluding a Product or Products Sales Agreement with the Seller.
9. Account - the customer's account in the Store, it collects data provided by the Customer and information about Orders placed by him in the Store.
10. Product - a movable item/service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
11. Sales Agreement - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement is also understood as - applying to the characteristics of the Product - a contract for the provision of services and a contract for specific work.
§ 3
Contact with the Store
1. Seller's address:
https://martaiart.wixsite.com/martaiart
2. Seller's e-mail address: martaiandart@gmail.com
3. Seller's telephone number: 508263321
4. Seller's bank account number
61194010765066174400000000
6. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
7. The Customer may communicate with the Seller by phone between 10:00-18:00
§ 4
Technical requirements
To use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:
a. a terminal device with access to the Internet and a web browser,
b. an active e-mail account (e-mail)
§ 5
General information
1. The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after sending a message via social media or by email.
3. The prices given in the Store are given in Polish zlotys and are gross prices.
4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store's website when placing the Order, including in the moment of expressing the will to be bound by the Sales Agreement.
5. When the nature of the subject of the Agreement does not allow, judiciously judging, to calculate the final (final) price in advance, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs will be provided in the Store in the description of the Product.
§ 6
Rules for placing an Order
In order to place an Order, you must:
1. select the Product that is the subject of the Order, and then, in a message or by e-mail, indicate the willingness to purchase, describing the name of the product;
2. in a message or by e-mail, enter the details of the recipient of the Order and the address to which the delivery is to be made, enter the data for the invoice.
§ 7
Payment methods offered
1. The customer may use the following payment methods:
a. Payment by bank transfer to the Seller's account
2. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.
§ 8
Delivery
1. The ordered goods are delivered only within the territory of the Republic of Poland and takes place at the address indicated by the Customer in the order form.
2. Shipping time for physical goods (3 to 6 business days) is provided during the ordering process. If it is impossible to deliver the goods within the above-mentioned time, the Buyer will be informed immediately.
3. The delivery of the ordered Goods takes place via: InPost, InPost courier.
4. At the time of handing over the goods to the courier company, the Buyer is notified of this fact by sending an e-mail to the address provided in the order.
5. The costs of delivering the Goods, which, in addition to the price for the Goods, are borne by the Customer, are provided on the Store's website when placing the Order.
6. The seller is not responsible for the functioning of companies delivering parcels with orders.
7. Orders with different delivery times are sent after completing the entire order, i.e. after the longest of the given times.
8. If the products delivered to the customer have visible damage to the packaging or content, this information should be provided and a complaint should be made to the carrier. You should refuse to accept such goods and immediately contact the Seller by phone/email/mail.
§ 9
Copyright
1. Products available in the Store, i.e. original images, are protected by copyright, and their dissemination without the consent of the authorized entity may result in civil or criminal liability.
2. The use of works of art and the simultaneous generation of income from them is possible after the prior written consent of Natalia Bartkowiak, which is granted within a specific period and for a specific purpose.
3. Marta Iwanowska reserves the right to demand appropriate remuneration for the use and deriving income from the works, e.g. for reproduction of works on posters
4. In matters not covered by this paragraph, the provisions of the Act of February 4, 1994 "On Copyright and Related Rights" (Journal of Laws of 2006, No. 90, item 631, as amended) shall apply.
§ 10
Execution of the sales contract
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order by means of a message or e-mail in accordance with § 6 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the appropriate e-mail to the Customer by the Seller to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statement on receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3. If the Customer chooses:
a. payment by bank transfer. The customer is obliged to make the payment within 3 calendar days from the date of concluding the Sales Agreement - otherwise the order will be canceled.
4. The product will be sent by the Seller on the date indicated in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
5. In the case of ordering Products with different delivery dates, the delivery date is the longest given date.
6. The beginning of the period of delivery of the Product to the Customer is counted as follows:
a. Execution begins from the date of crediting the Seller's bank account.
7. In the case of ordering Products with different dates of readiness for collection, the date of readiness for collection is the longest given date
8. The beginning of the period of the Product's readiness for delivery by the Customer is counted as follows:
a. If the Customer chooses the method of payment by bank transfer, from the date of crediting the bank account
9. Product delivery takes place within (European Union, Europe, etc.)
10. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store website and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
§ 11
Right of withdrawal
1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period specified in par. 1 begins with the delivery of the Product to the Consumer or a person indicated by him other than the carrier.
3. In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the date indicated in section 1 runs from the delivery of the last item, batch or part.
4. In the case of an Agreement which consists in regular delivery of Products for a definite period of time, the date indicated in par. 1 runs from taking possession of the first thing.
5. The consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
6. The statement may be sent by traditional mail, fax or electronically by sending the statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, which the pattern is attached as Appendix 1 to these Regulations and as an attachment to the Act of 30 May 2014 on consumer rights, however, it is not mandatory.
7. If the Consumer sends a statement electronically, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
8. Effects of withdrawing from the Agreement:
a. In the event of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded.
b. In the event of withdrawal from the Agreement, the Seller returns to the Consumer immediately, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the item, with the exception of additional costs resulting from the Consumer's choice a method of delivery other than the cheapest standard delivery method offered by the Seller.
c. The Seller will return the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agreed to a different solution that will not involve any costs for him.
d. The Seller may withhold the reimbursement until receipt of the Product back or until proof of its return is provided to him, depending on which event occurs first.
e. The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period.
f. The consumer bears the direct cost of returning the Product, including the cost of returning the Product if, due to its nature, the Product could not be returned by regular mail.
g. The consumer is only liable for a decrease in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
9. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Contract:
a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs,
b. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
c. in which the subject of the service is an item that deteriorates quickly or has a short shelf life,
d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the Agreement,
e. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement,
f. in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery,
g. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the Seller has no control,
h. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
i. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
j. for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract,
§ 12
Complaint and warranty
1. The Sales Agreement covers new Products.
2. In the event of a defect in the goods purchased from the Seller, the Customer has the right
to make a complaint based on the warranty provisions in the Civil Code.
3. A complaint should be submitted in writing or electronically to the address provided herein
Seller's addresses in the Regulations.
4. The seller will respond to the complaint request immediately, no later
than within 14 days, and if he does not do so within this period, it is considered that the request
the client deemed reasonable.
5. Goods returned under the complaint procedure should be sent to the following address
specified in § 3 of these Regulations.
6. If a warranty has been granted for the Product, information about it, and also
its content will be included in the description of the Product in the Store.
§ 13
Out-of-court methods of dealing with complaints and pursuing claims
1. Detailed information on the possibility of using by the Consumer
out-of-court methods of dealing with complaints and pursuing claims, and
the rules of access to these procedures are available at the offices and on the websites
online poviat (municipal) consumer ombudsmen, organizations
social, whose statutory tasks include consumer protection,
Provincial Inspectorates of the Trade Inspection and at the following addresses
websites of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php;
http://www.uokik.gov.pl/sprawy_indywidualne.php and
http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following exemplary possibilities to use
out-of-court methods of dealing with complaints and pursuing claims:
a. The consumer is entitled to apply to a permanent arbitration court
consumer, referred to in art. 37 of the Act of December 15, 2000 on
Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for
settlement of a dispute arising from the Agreement concluded with the Seller.
b. The consumer is entitled to apply to the provincial inspector of the Inspection
Handlowa, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection
(Journal of Laws of 2014, item 148, as amended), with a request to initiate proceedings
mediation on the amicable settlement of the dispute between the Consumer and
Seller.
c. The consumer may obtain free assistance in resolving a dispute between
him and the Seller, also using the free assistance of the poviat (municipal)
consumer ombudsman or social organization whose statutory tasks
consumer protection (e.g. Consumer Federation, Association
Polish Consumers).
§ 14
Personal data in the Online Store
1. The administrator of Customers' personal data collected via the Store
website is the Seller.
2. Customers' personal data collected by the administrator via the Store
online are collected in order to implement the Sales Agreement
3. The recipients of the personal data of the Online Store Customers may be:
a. In the case of a Customer who uses the delivery method in the Online Store
by courier, the Administrator provides the collected data
the Customer's personal data to the selected carrier or executing agent
shipments at the request of the Administrator.
4. The customer has the right to access their data and correct them.
5. Providing personal data is voluntary, but failure to provide the data indicated in
Regulations of personal data necessary to conclude a Sales Agreement is effective
impossibility of concluding this contract.
§ 15
Final Provisions
1. Agreements concluded through the Online Store are concluded in Polish.
2. The Seller reserves the right to amend the Regulations from valid ones
the reasons are: changes in the law, changes in payment and delivery methods - to the extent that
to what extent these changes affect the implementation of the provisions of these Regulations. about each
the Seller will inform the Customer at least 7 days in advance.
3. In matters not covered by these Regulations, they apply
generally applicable provisions of Polish law, in particular: the Civil Code;
the act on the provision of electronic services; the act on consumer rights, the act on
personal data protection.
4. The customer has the right to use extrajudicial means of dealing with complaints and
pursuing claims. For this purpose, he can submit a complaint via the EU platform
the ODR website available at: http://ec.europa.eu/consumers/odr/.