Terms of Use of the Website – www.artexhome.eu

Terms of Use of the Website – www.artexhome.eu

Prior to using the Online Store www.artexhome.eu, the Customers are required to read the Terms of Use.

I. General Provisions

1. The entrepreneur running an Online Store, located under the Internet domain, hereinafter referred to as “Online Store”, is ARTEX HOME Artur Konieczny, ul. Wrzesińska 59D, 62-020 Swarzędz, Tax Identification Number (NIP) 777-101-68-30, Business Registry Number (REGON) 63034034, entered into the Central Registration and Information on Business (CEIDG).

2. Contact with the Online Store is possible by e-mail: sklep@artexhome.eu or by phone: 61 651 03 00.

3. The Terms of Use define the rights and obligations of the Customers, as well as the rights and obligations of the Seller as the entity managing and running the Store.

4. The Terms of Use are available in the Polish language version.

5. The Customers are obliged to observe the economic copyrights and rights resulting from the registration of inventions, patents, trademarks, utility and industrial patterns.

6. The owner of www.artexhome.eu is committed to the safe processing of personal data of Customers of the Store exclusively for the purpose of reliable performance of the contract of sale concluded at a distance.

II. Definitions

The terms used in the Terms of Use shall mean respectively:

1. Store – an online store operating under the address www.artexhome.eu, selling products included in its offer.

2. Owner – ARTEX HOME Artur Konieczny, ul. Wrzesińska 59D, 62-020 Swarzędz, Tax Identification Number (NIP) 777-101-68-30, Business Registry Number (REGON) 63034034.

3. Customer – each entity making a purchase in the Store in accordance with these Terms of Use.

4. Customer Account – a field containing data on the transactions carried out and the instrument used to execute orders placed by the Customer.

5. Consumer – a natural person carrying out a legal action with an entrepreneur not directly related to its business or professional activity.

6. Entrepreneur – a natural person, a legal person or an entity without legal personality, carrying out a legal action on its own behalf as part of its business or professional activity.

7. Working Days – weekdays from Monday to Friday, except statutory holidays.

8. Terms of Use – this document defines the terms and conditions of using the Store and purchasing products therein.

III. Technical Conditions of Using the Store

1. In order to use the Store, the Customer should have:

• a device for transmitting data;

• access to the Internet;

• e-mail address.

2. The Store collects information contained in cookies, which are text files. These files do not retain any personal data, they are used anonymously to assess the real interest in the website on the store pages. Cookies are used to exchange information between the Store and the User, which greatly facilitates the adjustment of the offer to the expectations and preferences of each User of the Store. The Customer decides on the use of cookies. Web browsers often have a default setting to install these files on the Customer’s terminal device who can change the settings at any time.

3. The Store informs that disabling by the Customer the possibility of using cookies may affect the functionality available in the Store.

4. Detailed information about the cookies are contained in the Cookie Policy, available at www.artexhome.eu and is an integral part of these Terms of Use.

IV. Registration and Logging

1. In order to set up a “Customer Account”, the Customer shall register, by giving their e-mail address and password, using the form.

2. The password given when logging in to the Store may consist of letters, numbers and/or special characters. The password is individual for each user. The password can be changed on the website by providing an e-mail address and a new password. Creating a “Customer Account” is free of charge.

3. Registration is not a condition for placing an order in the Store.

4. The Customer undertakes to provide true data.

5. By accepting the Terms of Use the Customer makes the following statement:

• I have voluntarily joined to use the store;

• the data contained in the form is true.

6. The Customer may not transfer the password to access the Online Store account to third parties.

7. A registered Customer has the possibility to:

• access the status and order history;

• order the Product;

• change their data;

• change their password;

• check their orders;

• completely delete their account.

8. After registration, the Customer shall receive a link to the website at the given e-mail address.

9. The registration allows to log into the system.

10. The Customer cannot copy, modify or distribute the content, images and logos without the prior consent of an authorised person.

V. Order Processing

1. The Store is open 24 hours a day, 7 days a week, allowing the Customer to place an order at any time, except during maintenance breaks. The Customer also has the possibility to place an order in person at the office, during opening hours.

2. Placing a specific product on the website of the Online Store, together with its price indication, does not constitute an offer to sell it, but only an invitation to the Buyer to make an offer.

3. An order is placed by the Buyer in electronic form and constitutes an offer to conclude a contract of sale of the goods placed on the website of the Online Store, for the price specified therein. An offer submitted in an electronic form is binding to the Buyer if the Online Store immediately confirms its receipt.

4. The Online Store confirms receipt of the order by an automatically generated e-mail, which it sends to the Buyer. The e-mail contains the proposed content of the contract of sale, in particular: the number and date of the order, the data of the purchased goods, the price and method of payment, data of the parties to the contract, place, method and cost of delivery.

5. If the proposed content of the contract of sale is not consistent with the order placed by the Buyer, the Buyer should notify the Online Store without undue delay by sending an e-mail indicating the discrepancies noted. The Online Store shall, without undue delay, send a corrected content of the proposed contract to the Buyer.

6. The Online Store confirms the acceptance of the order for execution by sending another e-mail to the Buyer. Upon receipt of this message by the Buyer, the contract of sale is concluded.

7. Customers, in the case of natural persons, can only be persons who have full capacity to enter into legal transactions.

8. The Customer places an order in the following manner:

• selection of goods made by adding them to the basket;

• providing data for the registration form or login, delivery form;

• selection of the form of delivery and payment;

• order approval by the button “order with payment obligation”;

• sending order confirmation to the Customer’s e-mail address;

• an order placed in electronic form shall be confirmed no later than two working days (excluding holidays) after receiving the order. The confirmation shall be sent by e-mail or by phone.

9. Registered Customers have the possibility to track the status of their order.

10. The Customer undertakes to provide true data.

11. The Store allows for personal collection at the company seat.

VI. Means of Payment

1. The Customer has the possibility to pay for the goods by means of:

• bank transfer;

• payment by a debit card through the PayU payment system

• payment through the PayU payment system

2. The User is obliged to provide true data for the VAT invoice.

VII. Prices

1. All offers in the Online Store are only a non-binding invitation to the Customer to submit an appropriate purchase offer.

2. The prices given next to the products on the Store’s website are in PLN and include taxes and fees. The price of the product before marking the button “to the basket” does not include shipping costs and other additional fees. Shipping and payment costs are added to the sum of ordered products.

3. The final price of the order, binding the Store and the Customer, is the price of the product given on the Store’s website before the order is placed by the Customer, together with all costs associated with the performance of the contract.

4. Information on the total value of the order (including shipping and payment costs) is made available before selecting the option “Place the order – transaction with obligation to pay” and is confirmed in an e-mail sent immediately to the address provided by the Customer.

VIII. Delivery

1. The Customer chooses the type of delivery available on the Store’s website, these are:

• DPD and GLS courier

• InPost Parcel Lockers, only fabric samples

• Poczta Polska, only fabric samples

• personal collection.

2. Shipping takes place within two working days from the date of confirmation of the order and posting the payment. In the case of orders for products not available on the day of order in stock or on order, delivery time is determined on an individual basis.

3. The delivery time for products not available on the day of the order or on order may exceed 4 weeks, unless the delivery time has been set individually. In the case of exceeding the deadline indicated in the previous sentence, the Consumer has the right to set additional time to the Seller. If the goods are still not released, the Buyer may withdraw from the contract.

4. Deliveries take place on working days, from Monday to Friday. Deliveries are not made on weekends and holidays.

5. The Seller is responsible for the risk of accidental loss or damage to the goods until the moment when the Consumer receives it, unless the Consumer has chosen a form of delivery other than those proposed by the Store.

6. At the time of receipt of the consignment, the Buyer has the possibility to check the goods and, in case of any damage, to draw up a protocol in the presence of the supplier. Drawing up the protocol is not a condition for making a complaint or exercising the right to withdraw from the contract.

7. Goods are delivered in Poland and other European Union countries.

X. Guarantee

1. The Store provides a 24-month guarantee on all products offered at www.artexhome.eu.

2. The condition for the guarantee to be considered is the presentation of proof of purchase – a VAT invoice or receipt – by the Customer of the Online Store.

3. The Store shall consider the guarantee within 21 days. Notification in electronic form of the position taken by the Store in the case of a complaint shall be sent to the indicated e-mail address.

4. In the case of detection of a defect in the goods by the Customer, they are obliged to notify the Seller within 14 days of the defect that they detected during use.

5. The use of the guarantee does not exclude the Consumer’s rights under the Seller’s liability for non-compliance of the goods with the contract (warranty).

XI. Right of Withdrawal from the Contract

This section applies to Users using the Store as Consumers.

1. The Consumer may withdraw from the contract without giving reasons, by making a statement to that effect within 14 days from the date of delivery of the product to them in any form or, without issuing a written statement, simply by returning the product. To meet the above deadline, it is sufficient to send the statement / product before its expiry to the address of ARTEX HOME Artur Konieczny, ul. Wrzesińska 59D, 62-020 Swarzędz, or e-mail sklep@artexhome.eu.

2. The Consumer expresses their willingness to use the right to withdraw from the contract also by sending back the goods, following the procedures indicated in sentence 1 of this section.

3. In case of withdrawal from a distance contract, the contract is considered not concluded. What the Parties have provided is returned unchanged. The return should be made immediately, no later than within 14 days. Purchased goods should be returned to the following address: ARTEX HOME Artur Konieczny, ul. Wrzesińska 59D, 62-020 Swarzędz

4. The direct costs of the return delivery of goods in connection with the exercise of the right shall be borne by the Consumer, unless the Store has agreed to bear them or has not informed the Consumer of their right of withdrawal.

5. In the case of the Customer’s withdrawal from the contract, the Store shall refund the price of the product within 14 days of receipt of the Consumer’s statement. The return shall be made to the bank account indicated by the Consumer.

6. The Consumer is required to return the goods no later than 14 days from the day on which they withdrew from the contract, unless the entrepreneur has offered to collect the item themselves. To comply with the deadline, it is sufficient to send back the goods before its expiry.

7. The Seller informs that the right of withdrawal under the Act on Consumer Rights does not apply to contracts:

• on the provision of services, if the trader has performed the service in full with the express consent of the Consumer, who was informed before the performance began, that after the performance of the entrepreneur, they shall lose the right of withdrawal,

• where the benefit is provided for an item that is not manufactured, produced to the Consumer’s specifications or intended to meet their individual needs (i.e., for example, tailor-made products, cut-to-metre products, discounted goods);

• in which the objects of the provision are items which, by their nature, are inseparably connected with other items after delivery;

• in which the objects of the provision are items which, by their nature, are inseparably connected with other items after delivery;

• on services, which are clearly tailored to the individual needs of the Consumer.

XII. Consumer’s Right to the Warranty

1. The products offered in the Store are subject to 24 months of the Seller’s liability for non-compliance of goods with the contract. There is a presumption that, if the Consumer reported the Seller’s warranty within 12 months of delivery of the product, the product defect already existed at the time of delivery.

2. The complaint on the basis of the Seller’s liability for non-conformity of goods with the contract should be submitted, among others:

• by letter to the address: ARTEX HOME Artur Konieczny, ul. Wrzesińska 59D, 62-020 Swarzędz

• by e-mail to: sklep@artexhome.eu

• by phone at: 61 651 03 00.

3. The complaint should contain a detailed description of the type of non-compliance, date of its occurrence, the Consumer’s request, order number and contact details, which shall facilitate the complaint procedure.

4. The Store shall consider the complaint immediately, at the latest within 14 days of receipt of the complaint sent by the Customer.

5. In the absence of information on how the complaint is dealt with, within the period specified in point 4, the complaint is considered to the benefit of the Customer.

6. In the case of a justified complaint, the Customer may demand the product to be brought to a condition in accordance with the contract, free of charge repair or replacement of the product with a new one, reduce the price or there is a possibility of withdrawal from the contract. The Store shall return the Customer the equivalent of the price of the entire transaction.

7. The response to the complaint is sent to the e-mail address given by the Customer, the address of correspondence.

8. The Store issues a written certificate of return.

XIII. Principles of Buyers’ Personal Data Processing

1. Detailed principles of processing personal data of Buyers-physical persons are defined in the “Privacy Policy”.

XIV. Other

1. The Terms of Use are available at: www.artexhome.eu.

2. The Customer has the possibility of reading, downloading the Terms of Use to their device and printing the document.

3. The Store shall change the provisions of the Terms of Use for important reasons after informing Customers by publishing a uniform text of the Terms of Use on the pages of the Store and sending its content to the e-mail address indicated by the Customer. The amended or modified Terms of Use are binding, after meeting the other conditions provided by law, only for legal relationships arising after the entry into force of the changes or modifications.

4. Changes to the Terms of Use shall not violate, in any way, the rights acquired by Customers using the Store before the date of entry into force of the changes.

5. Any disputes arising under the Terms of Use or the contracts of sale shall be resolved amicably or by a competent common court, subject to point 6.

6. If the Buyer is not a Consumer, any disputes arising under the Terms of Use or the contracts of sale shall be settled by an amicable court or a common court of law with jurisdiction over the seat of the Online Store.

7. If the Buyer is NOT a Consumer, the liability of the Online Store under warranty is excluded.

 

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