Terms of use
FRESZGALLERY.PL ONLINE STORE TERMS OF USE
Contents:
- Definitions.
- General information.
- Provision of Electronic services.
- Conditions of Contract of Sales.
- The Terms for Termination of the Contract for the Provision of Electronic Services.
- Payment Methods.
- Cost, Timing and Delivery Methods.
- Withdrawal from the Contract of Sales.
- Complaint Procedure for Non-Compliance of the Product with the Contract of Sales.
- Personal Data.
- Final Provisions.
I Definitions
⦁ PASSWORD – a sequence of alphanumeric signs necessary for authorisation during the process of accessing the Customers’ Account, chosen individually by the Customer during a Registration process.
⦁ CUSTOMER – a natural person who has full legal capacity or a natural person who is at least 13 years of age and is not totally incapacitated, and in the case of the situation when the person is not 18 years of age that person is required to have a written consent of his/her legal representative; also a legal person or an organizational unit without any legal personality who was granted a legal capacity by special provisions and who intends to conclude or has concluded the Contract of Sales or the Contract for the Provision of Electronic Services. The Customers are able to purchase the Product in the Online Store regardless of whether they have created the Account.
⦁ CIVIL CODE – the Civil Code Act of 23rd April 1964. (Journal of Laws No. 16, item 93, as amended).
⦁ CONSUMER – a natural person who is also a Customer and for whom concluding the Contract of Sales or the Contract for the Provision of Electronic Services is not directly related to his/hers business or professional activity (Art. 221 of the Civil Code).
⦁ ACCOUNT (CUSTOMERS’ ACCOUNT) – a subpage of the Online Store where the information including Customers’ Orders in the Online Store is collected. The Account is protected with Password.
⦁ PRODUCT – a movable thing available in the Online Store that can be an object of Contract of Sales between the Customer and the Seller. The Seller strives to present a current offer on his/her website. If some of the Products are not available in the Online Store, the Seller undertakes to immediately inform the Customer about the issue via phone or e-mail.
⦁ TERMS OF USE – these Online Store regulations.
⦁ REGISTRATION – one-time, electronic procedure of creating an Account by the Customer requiring in particular the acceptance of the Terms of Use as well as providing some personal information according to Registration form sections.
⦁ ONLINE STORE (STORE) – the Online Store of the Service Provider available on www.freszgallery.pl where the Customer can conclude the Contract of Sales or the Contract for the Provision of Electronic Services.
⦁ SELLER/ SERVICE PROVIDER – FRESZ Gallery / CeGie Rafał Gołąb, Karmelicka Street 18/9, 31-128 Krakow, Tax Identification Number: 6762296746, e-mail address: kontakt@freszgallery,pl, phone number: +48 503148040 (charged as a standard connection – according to the price list of the proper operator).
⦁ SIDE – the Service Provider, the Seller or the Customer.
⦁ CONTRACT OF SALES (CONTRACT) – Products’ selling contract understood as defined in the Civil Code and concluded via Online Store.
⦁ ELECTRONIC SERVICE – a service provided electronically by the Service Provider via Online Store. The Customer declares that he agrees for providing said Service from the moment the Customer starts using the Online Store.
⦁ ORDER – Customers’ declaration of intent aimed directly to the conclusion of the Contract of Sales of the Product and specifying the Contracts’ important conditions.
II General Information
⦁ Provisions of this Terms of Use and not intended in excluding or limiting any of the Customers’ rights. The Customer who is also a Consumer therefore has rights granted by mandatory provisions of law. In the case of non-compliance of these Terms of Use with the said provisions, priority is given to these provisions.
⦁ The Terms of Use state the regulations for using the Online Store by the Customers.
⦁ The Terms of Use are the regulations referred to in Art. 8 of the Act of 18th July 2002 on electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended.). They also regulate the conditions of the Contracts of Sales concluded via Online Store.
⦁ To order in the Online Store, the Customer must be acquainted with the Terms of Use and must accept its’ provisions. The Customer agrees to the Terms of Use and accept its’ provisions by starting to use the Online Store.
⦁ Through the mediation of the Online Store the Service Provider provides the following Electronic Services:
⦁ Customers’ Account in the Online Store,
⦁ Interactive form enabling the Customers to create an Order in the Online Store.
⦁ The Customer is obliged not to deliver any illegal content.
⦁ The Customer is obliged to provide data reflecting the factual situation.
⦁ The Customer is obliged to use the Online Store in a way permitted by law as well as good manners considering respecting other peoples’ personal goods and their intellectual property rights.
⦁ In order to ensure the security of message transmission the Service Provider undertakes the appropriate technical and organizational measures corresponding with the level of Electronic Service safety hazard.
⦁ Minimum technical requirements necessary to cooperate with the ICT system used by the Service Provider are:
⦁ A computer with Internet access,
⦁ An access to e-mail,
⦁ A recommended screen resolution: 1024×768 pixels,
⦁ A web browser: Internet Explorer 7.0 or later with JavaScript and cookies enabled; Mozilla Firefox 3.0 or later with JavaScript and cookies enabled; or Google Chrome 8 or later.
III Provision of Electronic services
⦁ Through the mediation of the Online Store the Service Provider undertakes to provide Electronic Services in the scope and on the conditions laid down in the Terms of Use.
⦁ The provision of Electronic Services provided by the Service Provider is free of charge.
⦁ Conditions of the Contract for the Provision of Electronic Services:
⦁ The Contract for the Provision of Electronic Services consisting in conducting the Customers’ Account in the Online Store is concluded at the time of Registration,
⦁ To complete the Registration it is necessary to specify in the Registration form the following Customers’ personal data: name, address (street, house number, city and postal code), email address, contact phone number and the Password.
⦁ The Contract for the Provision of Electronic Services consisting in the provision of interactive form that allows the submission of Orders in the Online Store is concluded at the moment when the Customer starts to use the mentioned Service (adding a Product to the cart).
⦁ The Contract for the Provision of Electronic Services consisting in the conducting of the Customers’ Account in the Online Store is concluded for an indefinite period of time.
⦁ The Contract for the Provision of Electronic Services consisting in the provision of interactive form that allows the submission of Orders in the Online Store is concluded for a specified period of time and shall terminate at the moment of submission of the Order.
⦁ Conditions for Termination of the Contract for the Provision of Electronic Services.
⦁ The Customer can terminate the Contract for the Provision of Electronic Services concluded for an indefinite period of time at any given time and without mentioning the reasons for the termination with a 7-day notice period.
⦁ The Service Provider can terminate the Contract for the Provision of Electronic Services concluded for an indefinite period of time in the situation when the Customer objectively blatantly or persistently violates the Terms of Use, in particular when the Customer is providing illegal content. Violation of the Terms of Use has to have an objective and unlawful character. The termination can be made after at least one unsuccessful call to stop or eliminate violations with the appointment of an appropriate period when the violations must be stopped or eliminated. In this case the termination occurs with immediate effect.
⦁ The termination of the Contract for the Provision of Electronic Services concluded for an indefinite period of time initiated by any of the Sides does not violate the rights or provisions acquired by the Sides in time of the duration of the Contract.
⦁ Notwithstanding the foregoing provisions, both Sides may terminate the Contract for the Provision of Electronic Services at any time by agreement of the Sides.
IV Conditions of Contract of Sales
⦁ The announcements, advertisements, price lists and other information about the Products given on the website of the Online Store, in particular their descriptions, technical and functional parameters and prices, are an invitation for concluding the Contract, within the meaning of Art. 71 of the Civil Code.
⦁ The Products’ price displayed in the Online Store is given in Polish zloty and contains all its’ legal ingredients, including VAT tax and customs duties. Products’ price does not include delivery cost, however, the delivery cost – if any – is indicated when placing the Order, unless the information posted in the Online Store says otherwise.
⦁ The Products’ price displayed in the Online Store is valid at the moment of placing the Customers’ Order. This price will not change regardless of the changes of the prices in the Online Store. The charge in the prices in the Online Store may arise after the placing of the Customers’ Order in relation to different individual Products.
⦁ To conclude the Contract of Sales for the Product using the interactive form it is necessary to log into the Customer’s Account or conduct the process towards the purchase without logging in (as a so-called Guest), then choose the Product and place the Order based on the messages displayed for the Customer by the interactive form.
⦁ While placing the Order the Customer who does not have his Customers’ Account is required to specify the following personal data: name, address (street, house number, city and postal code), e-mail address, contact phone number, the name of the Product, amount of the Product, place and method of the Products’ delivery, method of payment. This information is necessary to place the Order.
⦁ The placing of the Order using the interactive form is concluded at the moment when the Customer clicks the “I confirm the order with obligation to pay” button in the interactive form.
⦁ After placing the Order the Seller immediately (1) confirms that he/she received the Order, which results in bounding the Customer to his/her statement as well as (2) the Seller accepts the Order to be executed – at this moment the offer for concluding the Contract of Sales is proffered.
⦁ The confirmation and acceptance of the Order to be executed is made by sending a proper message to the Customer via e-mail address provided on the Customers’ Account or during placing of the Order. Also the delivery cost for the Product is specified in this message. Within 3 days the Customer is required to make the acceptance of shipping costs by sending an e-mail to: kontakt@freszgallery.pl. At that moment the Contract of Sales of the Product is concluded. In the case of non-acceptance of shipping costs within the specified period, the Order will be cancelled.
⦁ While placing the Order using the interactive form – up to the moment when the Order is finally placed – the Customer has an option to modify the entered data by himself. To do this, the Customer needs to follow the instructions and information displayed on the website of the Online Store.
⦁ Every purchase is confirmed with a receipt or a VAT invoice as well as the certificate of authenticity of the purchased Product. Those documents are sent along with the Product or in a separate consignment.
V The Terms for Termination of the Contract for the Provision of Electronic Services
⦁ The Customer can terminate the Contract for the Provision of Electronic Services concluded for indefinite period of time at any given time without specifying the reason with a 7-day notice period.
⦁ The Service Provider can terminate the Contract for the Provision of Electronic Services concluded for an indefinite period of time in the situation when the Customer objectively, blatantly or persistently violates the Terms of Use, in particular when the Customer is providing illegal content. Violation of the Terms of Use has to have an objective and unlawful character. The termination can be made after at least one unsuccessful call to stop or eliminate violations with the appointment of an appropriate period when the violations must be stopped or eliminated. In this case the termination occurs with 14-day notice period.
⦁ The termination of the Contract for the Provision of Electronic Services concluded for an indefinite period of time initiated by any of the Sides does not violate the rights or provisions acquired by the Sides in time of the duration of the Contract.
⦁ Notwithstanding the foregoing provisions, both Sides may terminate the Contract for the Provision of Electronic Services at any time by agreement of the Sides.
⦁ Payment methods.
⦁ The Seller provides the following payment methods:
⦁ Bank transfer (the Sellers bank account details are displayed on the Online Store website as well as they are send to the Customer via e-mail after placing the Order),
⦁ While collecting the Product personally.
⦁ The Customer is obligated to make the payment of the price under the Contract of Sales by bank transfer within 3 days from receiving an e-mail message in accordance with section IV, par. 8. The date of payment shall be the date of the inflow of the payment on the Sellers’ bank account or the date of collection of the Product.
⦁ If the bank transfer method of payment was chosen, the Product will be sent to the Customer after receiving the required amount in the bank account of the Seller.
⦁ If the Customer is not a Consumer at the same time, the Seller has a right to limit the available payment methods and also the Seller has a right to require a prepayment for a part or an entire price of the Product.
⦁ Cost, Timing and Delivery Methods.
⦁ The maximum time for the Order execution is 30 days from a day on which the Contract of Sales has been concluded.
⦁ The Seller delivers the Product according to the Customers choice:
⦁ Using a delivery service chosen in the Orders’ placing process,
⦁ By personal collection of the Product by the Customer.
⦁ The Products’ shipping is available only on the territory of Poland.
⦁ The costs of shipping are always clearly stated in the e-mail message send according to section IV, paragraph 8.
⦁ Every Product send by the Seller has insurance and it is send in a protected parcel mode.
⦁ After receiving the parcel with the Product the Customer is obliged to check the condition of the parcel. If the Customer notices any damage on the packaging or an infraction of the protecting wrapping tape the Customer is obliged to fill in the damage protocol in the presence of the delivery service worker or carrier. The damage protocol should be sent to the Seller immediately together with a complaint protocol if needed.
⦁ Withdrawal from the Contract of Sales.
⦁ The Customer who is simultaneously a Consumer and who concluded the Contract of Sales can withdraw from said Contract without describing the reason by sending the Seller a written statement in up to 14 days. To comply with the deadline the statement must be sent before said deadline. The Consumer may exercise this right by sending a written statement of withdrawal to: FRESZ Gallery / CeGie Rafał Gołąb, Karmelicka 18/9, 31–128 Krakow, or via e-mail to: kontakt@freszgallery.pl. The example of said statement is attached to the Terms of Use as Appendix 1: Example of the Contract Withdrawal – FRESZ Gallery.
⦁ The 14-days deadline for withdrawal is counted staring from the day of the Products’ delivery.
⦁ In the case of withdrawing from the Contract, the Contract of Sales is considered as not concluded and the Customer is free of obligations. Whatever the Sides were providing has to be returned unchanged unless the change was necessary in terms of the object of sales’ normal use. The return has to be executed immediately and not later than 14 days. If the Consumer has made any prepayments, the statutory interest is due from the date the prepayment was made.
⦁ The Product returned by the Consumer has to be wrapped and packed in a proper way that prevents it from damage in the shipping. Together with the Product the Consumer has to send the documents received and specified in section IV, paragraph 10.
⦁ The Consumer is obliged to obtain an insurance for the parcel containing the returned Product for the price corresponding to the Products’ value and send it in a protected parcel mode.
⦁ The Seller has to return the payment made by the Consumer to the bank account provided by the Consumer or in other way specified by the Consumer.
⦁ The Consumer is not entitled to withdraw from the Contract concluded at a distance if:
⦁ The Service Provider performed the entire service with the explicit consent of the Consumer, who has been informed before the provision that after the provision is fully executed the Consumer loses the right of withdrawal,
⦁ The price or remuneration is dependant on fluctuations on the financial market which the Seller has no control over and which can occur before the deadline for withdrawal from the contract,
⦁ The object of the provision is not factory-made but produced according to the Customers specifications or used to fulfil the Customers’ individual needs,
⦁ The object of the provision is perishable or is having a short expiration date,
⦁ The object of the provision is delivered in a sealed packaging and cannot be returned after opening of the packaging because of protection of health and for the sanitary reasons if the packaging was opened after the parcel has been delivered,
⦁ The object of the provision becomes inseparably connected with other objects after being delivered because of the very nature of the purchased object,
⦁ The object of the provision is alcoholic beverages which price has been set while concluding the Contract of Sales and which can be delivered only after 30 days and which price is dependant on fluctuations on the financial market which cannot be controlled by the Seller,
⦁ The Consumer explicitly asked the Seller to immediately perform an urgent repair or maintenance; if the Seller executed additionally other services than the Customer wanted to be provided or if the Seller delivers other things or spare parts necessary to perform a repair or maintenance, the Customer is entitled to withdraw from the Contract in respect to the additional services or things,
⦁ The object of the service is sound or visual recordings or computer software delivered in a sealed packaging, if the packaging has been opened after delivery,
⦁ The service concludes in delivery of daily newspapers’, periodicals’ or magazines’, except for subscription agreement,
⦁ The Contract was concluded at public auction,
⦁ The Contract is concluded for services of accommodation, other than for accommodation purposes, transportation of things, car rental, gastronomy, services connected with leisure, entertainment events, sports or cultural events of if the Contract specifies the exact date or period of the service provision,
⦁ The Contract is concluded for services of delivery of digital content saved on a material carrier, if the service provision started to be executed for an explicit Consumers’ agreement before the date of Contract withdrawal and after the Consumer has been informed by the Seller about loosing the right to withdraw from the Contract.
⦁ Complaint Procedure for Non-Compliance of the Product with the Contract of Sales.
⦁ Complaint for Non-Compliance of the Product with the Contract of Sales:
⦁ The Seller is responsible before the Consumer for Non-Compliance of the Product with the Contract of Sales to the extent specified in particular in the Act of 27th July 2002 about the specific conditions of Consumer sales and amendment the Civil Code (Journal of Laws, No 141, item 1176, as amended.).
⦁ The complaint for Non-Compliance of the Product with the Contract of Sales has to be submitted in writing and send to: FRESZ Gallery / CeGie Rafał Gołąb, Karmelicka 18/9, 31-128 Krakow or via e-mail to: kontakt@freszgallery.pl, in up to two months after the non-compliance of the purchased Product with the Contract has been detected. To comply with the deadline it is sufficient to send the notification before the said date.
⦁ In the notification of the complaint the Customer should include, if possible:
⦁ A description of the defect, in particular what the defect is,
⦁ A date of detecting the defects,
⦁ The position of the Customer in the complaint, his expectations. No special indication of the Customers’ position does not affect the way in which the Customers’ complaint is examined, however, it can significantly contribute to the faster examination of the Customers’ complaint.
⦁ The Seller addresses the complaint immediately and no later than within 14 days. The Sellers’ answer to the complaint is then sent to the Customer via e-mail provided in the complaint notification or other way specified by the Customer.
⦁ The Seller informs that in respect of the Products under warranty the rights in this respect should be executed in accordance with the terms given in the guarantee card (if the Product has one). The warranty for the Product does not exclude, does not limit and does not suspend Customer’s rights resulting from Seller’s responsibility for Non-Compliance of the Product with the Contract of Sales to the extent specified by the Act of 30th May 2014 on Consumer rights (Journal of Laws 2014.827) or the provisions of the Civil Code (Journal of Laws, No. 141, item 1176 as amended).
⦁ The complaints connected with the provision of the Electronic Services and other complaints connected with Online Store operation should be submitted in writing to: FRESZ Gallery / CeGie Rafał Gołąc, Karmelicka 18/9, 31-128 Krakow or via e-mail to: kontakt@freszgallery.pl. It is recommended to specify in the content of the complaint as many information and circumstances of the described issue as possible, in particular the type and the date of the issues’ occurrence as well as contact information – it makes the issue easier and faster to be examined by the Service Provider. The complaint is examined by the Service Provider immediately and not later than in 14 days. The Service Providers’ answer considering the complaint is then sent to the Customers’ e-mail address provided in the complaint notification or in other way specified by the Customer.
⦁ Personal Data.
⦁ The administrator of Customers’ personal data collected via Online Store is FRESZ Gallery / CeGie Rafał Gołąc, Karmelicka 18/9, 31-128 Krakow, Tax Identification Number: 6762296746, e-mail address: kontakt@freszgallery.pl, phone number: +48 503148040 (charged as a standard connection – according to the price list of the proper operator).
⦁ The Customers’ personal data collected by the administrator via Online Store are gathered to execute the Contract of Sales or the Contract for Provision of Electronic Services concluded with the Customer as well as for the marketing purposes.
⦁ The Customer has an access to his/her personal data as well as a right to change the provided personal data.
⦁ Submitting the Customers’ personal data is optional, however, if the Customer does not provide the information necessary for concluding the Contract of Sales or the Contract for Providing Electronic Services required in the Terms of Use it results in rejection of concluding said Contracts. The data necessary for concluding the Contract of Sales or the Contract for Providing the Electronic Services are indicated also each time on the Online Store website.
⦁ The Customer can consent to receive at his e-mail address the commercial information from the Seller.
⦁ Filling out the Registration form for his/her Account the Customer is required to provide real, correct data. The Service Provider is not responsible for the damage suffered by third parties as a result of Online Store Customers’ actions in particular for the actions caused by providing fake data or submitting the Order on third parties expense.
⦁ Final Provisions.
⦁ The Contracts concluded in the Online Store are concluded in Polish language.
⦁ In the matters not resolved by this Terms of Use the regulations of Polish law are applied, in particular Polish Civil Code and Acts on Provision of Electronic Services from 18th July 2002 (Journal of Laws, No. 144, item 1204 as amended); Acts on Consumers’ rights from 30th May 2014 (Journal of Laws, 2014.827), Acts on the protection of certain Consumers’ rights and responsibility for damage caused by dangerous products from 2nd March 2000 (Journal of Laws, No. 22, item 271 as amended), Acts on specific conditions on Consumer sales and on the Civil Code change from 27th July 2002 (Journal of Laws, No. 141, item 1176 as amended) as well as other proper regulations of Polish law.
⦁ The choice of Polish law does not deprive the Consumer of the protection given him/her on the basis of the regulations, which cannot be excluded in the Contract, on the power of law, which is proper in case of lacking of other choices i.e. the law of the country in which the Consumer has his/her a place of permanent stay and the Seller (1) has his/her company or does his/her profession in the country where the Consumer has his/her place of permanent stay; or (2) when the Seller directs his/her company on this country or several countries including this country in any given way and the Contract falls within the scope of this activity.
⦁ The Service Provider has a right to change this Terms of Use because of serious reasons. The changed terms of Use is bounding for the Customers if the requirements specified in Art. 384 of the Civil Code (i.e. the Customer has been properly informed about the changes) are fulfilled and the Customer does not withdraw from the Contract of a continuous character within 14 days. The changes of Terms of Use will not violate in any way the rights and services obtained by the Customers, in particular they will not have an influence on placed and executed Orders and the concluded Contracts, which will be executed on the previous regulations. In case of the change resulting in introducing any new fees or raising current fees the Customer has a right to withdraw from the Contract.
⦁ The Customers can have access to the Terms of Use at any given time via link displayed on the website of the Online Store or the Customer can download it and print it. The Online Store Terms of Use are available at: http://freszgallery.pl/regulamin/ and it is provided for free to the Customer (in the electronic version) on his/her every demand.
⦁ Recording, preservation and sharing the content of the Contract of Sales or the Contract for provision of Electronic Services concluded is done by sharing the Terms of Use on the websites mentioned in section X, paragraph 4.
⦁ Any disputes arising between the Seller and the Customer, who is also a Consumer shall be subjected to the proper courts. Any disputes arising between the Service Provider, the Seller and the Customer, who is not also a Consumer shall be subjected to the court complementing with the Sellers’ main office localization.
