TERMS AND CONDITIONS
Please carefully read these Terms and Conditions of Sale and Delivery before using the website. All information (including these Terms and Conditions of Sale and Delivery) on the website and all information related to the placing of an order is in English and the agreement is entered into in English. These Terms and Conditions of Sale and Delivery must be accepted by you before placing an order, and a copy will be included in the order confirmation that is sent by e-mail. They are available, any time, on our website and a copy may be obtained by contacting ART-POL Sławomir Kllimiec by e-mail or ordinary mail.
1 YOUR ACCOUNT
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure. You should inform us immediately if you have reason to believe that your password has become known to anyone else, or if the password is being used by anyone else.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered.
ART-POL Sławomir Klimiec reserves the right to refuse access to the website, terminate accounts, remove or edit content or cancel orders at our discretion where we have a valid reason to do so. If we cancel an order, it will be without charge to you.
2 ORDER RECEIPT AND OUR CONTRACT
2.1 ORDER PROCEDURE
When you place an order to purchase a product from the website, we will send you confirmation of your order, containing the relevant details, terms and conditions. You are encouraged to review this confirmation and notify ART-POL if the order confirmation in your opinion does not correspond to the order placed. You are encouraged to save and possibly print the order confirmation.
Your order represents an offer to us to purchase a product which is accepted by us when we ship that product to you and when a confirmation is sent to you confirming that we have shipped the order to you or notifying you that the order is ready to be picked up. That acceptance will be complete at the time we send a shipping confirmation to you. You are seeking to enter into a contract with ART-POL when you place an order. ART-POL will retain the title in the products until full payment has been made by you and has been received by ART-POL.
ART-POL will send you an invoice by e-mail immediately after shipment of the order.
3 PRICES AND PAYMENT
3.1 PRICES AND CURRENCY
The current price is the price specified on the website next to the relevant product at the date of the order. All products are invoiced Polish Złoty (PLN) and all prices, charges and costs are quoted in PLN on the website, on the order confirmation and on the invoice.
All prices quoted are inclusive of charges and may be shown inclusive or exclusive of VAT; see the specification listed for each product.
3.2 DELIVERY COSTS
If the product is to be delivered at a specific address, an amount may be charged to cover the shipment costs. The shipment costs will appear on the list confirmed by you prior to purchase and will also appear from the order confirmation sent by e-mail.
If the product is picked up at ART-POL premises, no delivery costs will be charged.
3.3 CREDIT/DEBIT CARD PAYMENT
We accept payment with recognised credit and debit cards, cf. the website. The amount is not charged to the card until the product has been delivered.
Website payments are handled by Worldline SIX. Wrldline payment system is based on the SSL standard, which means that any information provided in connection with the payment transaction is protected by way of encryption. Card and account information is transmitted in an encrypted form for the purpose of payment and validation and the information is neither registered nor saved in any other way by ART-POL.
3.4 ACCOUNT PAYMENTS
It is also possible to make payments from an account/per invoice if this function has been activated by ART-POL. The conditions related thereto must be separately agreed with ART-POL.
3.5 DELAYED PAYMENTS
An amount falls due for payment when the product has been delivered and the purchase is subject to sufficient credit being available on the credit/debit card used for the purchase.
In case of delayed payment, e.g. because the invoiced amount cannot be withdrawn from the account or if you illegitimately suspend a payment or demand that the payment be reversed:
if you are purchasing as a consumer a reasonable reminder fee will be charged, and default interest will be charged from the due date and until payment is received at the rate of 2%; and
if you are purchasing as a business operator, a reasonable reminder fee will be charged and default interest and fixed sum recovery costs will be charged in accordance with current legislation on late payments in commercial contracts.
4.1 TIME OF DELIVERY
We deliver within 4-9 days. As ART-POL cannot guarantee for local delivery circumstances, we cannot state with certainty when the product will be delivered to the requested address.
If the shipment of the ordered products is delayed, ART-POL will notify you as soon as possible by an e-mail sent to the e-mail address you have provided.
Unless we have agreed a longer delivery time, delivery will be not more than 30 days after the date the contract between us is entered into.
5 COMPLAINTS – ERRORS AND DEFECTS
5.1 IN GENERAL
You are encouraged to review and inspect the products immediately upon receipt, including an inspection as to whether the products may be damaged, and to ensure that the products delivered correspond to the products ordered.
5.2 A COMPLAINTS DEADLINE OF 24 MONTHS FOR ALL PRODUCTS
For all products, you have 24 months to submit a complaint, i.e. a claim for errors or defects cannot be submitted later than 24 months after delivery of the product.
Any errors or defects in the received products must be claimed within a reasonable time after such errors or defects have been noted or should have been noted. If a complaint is submitted within two months after a defect has been noted, the complaint is considered timely.
The right of complaint only applies to errors and defects related to the product that were present at the time of delivery and not errors and defects which have occurred due to wrongful use in contravention of the user instructions/maintenance instructions, or in case the product has been damaged after the receipt.
5.3 COMPLAINTS AND RETURNS
Any products having errors or defects, including any errors or defects which have occurred in connection with repairs or replacement deliveries, shall be returned at ART-POL’s expense but at your risk, and you are thus always encouraged to pack the products sufficiently in case of return. When returning a product, you must specify the nature of such error or defect and you are encouraged to enclose a copy of the order confirmation and/or the invoice.
Products must be returned to the address specified in contact part of our website. Any complaints must also be sent to this address.
5.4 REPAIRS AND REPLACEMENT DELIVERIES
In case of an error or a defect related to the product that appears within the deadline specified in section 6.2, and provided that a complaint is submitted in due time, you generally have the right to require ART-POL to:
1. Remedy the defect;
2. Deliver a new product in accordance with the agreement (make a replacement delivery);
3. Accept a proportionate reduction of the purchase price, or
4. Cancel the purchase, if the defect is not insignificant.
A request for remedial action or replacement delivery cannot be submitted if this is impossible or will result in unreasonable costs for Mascot International Ltd..
If ART-POL accepts to take remedial action or to make a replacement delivery, you cannot claim a reduction of the purchase price or cancel the purchase.
ART-POL must comply with the request for remedial action within reasonable time. If ART-POL does not comply with your request for remedial action within a reasonable time, you are entitled to claim a proportionate reduction of the purchase price, to cancel the purchase or to request a replacement delivery.
If remedial action is not possible, ART-POL will instead refund the purchase price including any documented expenses related to the return shipment.
You have certain legal rights. These include that any goods will be of satisfactory quality and fit for their intended purpose, the remedies for defective goods set out in clause 6.4, that the information which
ART-POL gives you about the goods and about the terms of this Agreement is to be treated as a term of the contract, and the cancellation rights set out in clause 5. Nothing in these Terms and Conditions is intended to affect these legal rights.
6 PERSONAL DATA
7 COPYRIGHT, LEGAL STATEMENT AND DATABASE RIGHTS
All content and compilation of such content on the website, such as text, graphics, logos, buttons, images and software is the property of ART-POL or its content suppliers.
8 ALTERATION OF SERVICE OR AMENDMENTS TO THE TERMS AND CONDITIONS
We reserve the right to make changes to our website, policies and these terms and conditions at any time. Your usage of the website and your orders will be subject to the policies and terms and conditions in force at the time that you use the website or that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). For the avoidance of doubt we will not change these terms and conditions to your detriment in relation to orders which have already been placed. If any of these terms and conditions is deemed invalid, void or for any reason unenforceable, that term or condition will be deemed severable and will not affect the validity and enforceability of the remaining terms and conditions
9 EVENTS BEYOND OUR REASONABLE CONTROL
ART-POL will not be held responsible for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond our reasonable control. This provision does not affect your statutory rights.
10 GOVERNING LAW AND JURISDICTION
Your statutory rights to bring legal action in the courts of the country where you live are not affected by this condition.
11 SPECIAL PROVISIONS FOR BUSINESS OPERATORS
The above-mentioned Terms and Conditions of Sale and Delivery shall also apply for business operators with the following modifications, unless otherwise explicitly agreed in writing.
11.1 RIGHT OF CANCELLATION
Business operators do not have a right of cancellation.
11.2 RIGHT OF COMPLAINT
A one year right of complaint applies from the original invoice date. In case a product is replaced or repaired, this will not result in a new one-year complaint period.
11.3 TERMS OF PAYMENT
If the products have not been paid for by a debit/credit card when ordered, the general terms of payment agreed between ART-POL and the customer shall apply.
12 SITE ADMINISTRATION
http://www.artpolpolska.pl/ is administered and maintained by ART-POL Sławomir Klimiec, Narwicka Street 19B, 80-557 Gdańsk; POLAND. VAT number PL5832134570